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HomeMy WebLinkAbout2019-09-05 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — SEPTEMBER 5, 2019 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII I. Call To Order The meeting was called to order by Chair Shelby Nahale-a at 10:00 A.M., in the Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. The following were present and constituted a quorum: Commissioners: Absent and Excused: Others Present: Shelby Nahale-a, Chair David Greenwell, Vice Chair Warren Arakaki, Commissioner Michael Hughes, Commissioner Ronald Ibarra, Commissioner Claude Onizuka, Commissioner Dawn Raymond, Commissioner Allen Salave`a, Commissioner Paula Thomas, Commissioner Gerald Takase, Director Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Dorsi Lim, Secretary to the Board & Commission Nahale-a: Aloha, good morning everyone, thank you for coming. I'd like to call this meeting of the Liquor Commission to order. A couple of housekeeping notes: please keep your cell phones on silent. We're recording the meeting, so please remember a couple of things. Speak one at a time so that the recording remains clear and the microphones in the room do not amplify voices, they just record what is being said. Let us introduce ourselves, please. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. Waltjen: Good morning, Stacie Waltjen, Licensing Officer. Takase: Gerald Takase, Director. Thomas: Paula Thomas, Commissioner. Ibarra: Ron Ibarra, Commissioner. Onizuka: Claude Onizuka, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Nahale-a: Shelby Nahale-a, Commissioner. Masuda: Craig Masuda, Commission Counsel. Raymond: Dawn Raymond, Commissioner. Arakaki: Warren Arakaki, Commissioner. Hughes: Mike Hughes, Commissioner. Salave`a: Aloha, I'm Allen Salave`a, District 6 Commissioner. Lim: Dorsi Lim, Secretary. II. Approval of Minutes (10:01 A.M.) Nahale-a: Thank you. Item No. II on the agenda, Approval of Minutes. The July 3, 2019, and August 1, 2019, meeting minutes were circulated via email/mail on August 29, 2019. Can I get a motion? Greenwell: I make the motion to approve the minutes of both July 3rd and August 1st, 2019. Onizuka: Second. Mr. Greenwell moved to approve the minutes of July 3, 2019, and August 1, 2019, as circulated; seconded by Mr. Onizuka. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? SEPTEMBER 5, 2019 — LIQUOR COMMISSION MINUTES 2 There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Nahale-a: No addendums or supplemental agendas for this meeting. IV. Public Statements on Agenda Items Nahale-a: Are there any public statements on agenda items? There was no reply from the public. Nahale-a: Seeing none, we'll move to Public Hearings. V. Public Hearings Nahale-a: 1. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: 18-34 (10:01 A.M.) Puna Chocolate Company Puna Chocolate 74-5606 Pawai Place, Bay 8, Kailua-Kona, Hawaii 7-4-010:002 LICENSE APPLIED FOR: Original Dispenser General liquor license, Category A Adam Potter, Co -Owner, was present. Nahale-a: Good morning. Could you please identify yourself and your relationship to the business? Potter: Good morning. My name's Adam Potter and I'm one of the owners of Puna Chocolate Company. Nahale-a: Thank you. Are there any changes to the report? Potter: No changes. Nahale-a: Briefly describe your business, please. Potter: Sure. We started Puna Chocolate Company in 2012, on a cocoa farm in Pahoa. We grow all of our cocoa beans and buy cocoa bean from Big Island farmers. We make our own chocolate. In Kona, we built a site where we want to do cocoa chocolate infused SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 3 cocktails as well. We wouldn't just use the chocolate that we use for dessert, but also use the pulp and juice. Nahale-a: Thank you. Mr. Director, are there any reports of protests? Takase: Madam Chairman, the applicant mailed 16 out of 16 notices within 100 feet, 244 out of 249 within 500 feet, and one notice to a condominium or cooperative property manager. There were 127 properties entitled to protest and we have no protests to the application. Nahale-a: Thank you. Is there any public testimony? There was no public testimony. Nahale-a: Seeing none, Commissioners, discussion or questions of the applicant? There was no discussion or questions from the Commissioners. Nahale-a: Can we have a motion to close public hearing? Onizuka: Move to close public hearing. Greenwell: Second. Mr. Onizuka moved to close the public hearing; seconded by Mr. Greenwell. Nahale-a: It's been moved and seconded. Any discussion on the motion? There was no discussion from the Commissioners. Nahale-a: All in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Those opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Onizuka: Move to approve Application No. 18-34, pending final inspection. Ibarra: Second. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 4 Mr. Onizuka moved to approve Application No. 18-34, Puna Chocolate Company, dba Puna Chocolate, for an original Dispenser General liquor license, Category A, located at 74-5606 Pawai Place, Bay 8, Kailua-Kona, Hawaii, TMK: 7-4-010:002, pending final inspection; seconded by Mr. Ibarra. Nahale-a: Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. Potter: Thank you. Salave`a: Good luck. The motion was carried unanimously. Nahale-a: 2. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: 18-35 (10:04 A.M.) Carl & Amy's Naalehu, LLC Ohana Foods 511 W. Kawailani Street, Hilo, Hawaii 2-4-019:025 LICENSE APPLIED FOR: Retail General liquor license Carl Okuyama, Managing Partner, was present. Nahale-a: Good morning. Okuyama: Good morning. Nahale-a: Could you please identify yourself and relationship to the business? Okuyama: Good morning. My name is Carl Okuyama. I'm the Manager and LLC Partner of Carl & Amy's Naalehu, LLC, hoping to do business as Ohana Foods in Hilo. Nahale-a: Are there any changes to your report? SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 5 Okuyama: None. Nahale-a: Could you please briefly describe your business for us? Okuyama: Yes. It's going to be a grocery and convenience store with a heavy emphasis on food. We'II have breakfast and lunch bento and an evening take-out buffet. We're looking to open as soon as possible, meaning by late October. Nahale-a: Wonderful, thank you. Mr. Director, any reports of protests? Takase: Madam Chairman, the applicant mailed 11 out of 12 notices within 100 feet, and 67 out of 72 within 500 feet. There were 72 properties entitled to protest and there were no protests to this application. Nahale-a: Thank you. Is there any public testimony for this application? There was no public testimony. Nahale-a: Seeing none, Commissioners, discussion or questions of the testifier? There was no discussion from the Commissioners. Onizuka: Move to close public hearing. Greenwell: Second. Mr. Onizuka moved to close the public hearing on Application No. 18-35; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. Is there any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Onizuka: Move to approve Application No. 18-35, pending final inspection. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 6 Greenwell: Second. Mr. Onizuka moved to approve Application No. 18-35, Carl & Amy's Naalehu, LLC, dba Ohana Foods, for a Retail General liquor license, located at 511 W. Kawailani Street, Hilo, Hawaii, TMK: 2-4-019:025, pending final inspection; seconded by Mr. Greenwell. Nahale-a: Moved and seconded to approve. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Okuyama: Thank you. Nahale-a: 3. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 18-36 (10:06 A.M.) Chie Mizukami Seiji's Sushi 75-5669 AIi`i Drive, #1106, Kailua-Kona, Hawaii 7-5-006:025 Restaurant General liquor license, Category A Seiji Mizukami, Owner, and Chie Mizukami, Owner, were present. Nahale-a: Good morning. Mizukami (Chie): Good morning. Nahale-a: Could you please identify yourself and relationship to the business? Mizukami (Chie): I'm Chie Mizukami and we have a sushi restaurant in Kailua-Kona. Mizukami (Seiji): I'm her husband, Seiji Mizukami. Nahale-a: Thank you. Are there any changes to the report submitted? SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES Mizukami (Chie): No. Nahale-a: You described your business a little. Is there anything further you would like to add to the description of your business, besides sushi. Mizukami (Seiji): No, it's just sushi we're doing. Nahale-a: Thank you. Mr. Director, are there any reports of protests? Takase: Madam Chairman, the applicant mailed 8 out of 8 notices within 100 feet, and 31 out of 41 notices within 500 feet. There were 29 properties entitled to protest, and there were no protests to this application. Nahale-a: Thank you. Is there any public testimony? There was no public testimony. Nahale-a: Commissioners, discussion or questions? There was no discussion or questions from the Commissioners. Onizuka: Move to close the public hearing. Greenwell: Second. Mr. Onizuka moved to close the public hearing; seconded by Mr. Greenwell. Nahale-a: Moved and seconded to close the public hearing. Is there any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Onizuka: Move to approve Application No. 18-36, pending final inspection. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 8 Thomas: Second. Mr. Onizuka moved to approve Application No. 18-36, Chie Mizukami, dba Seiji's Sushi, for a Restaurant General liquor license, Category A, liquor license, located at 75-5669 Alii Drive, #1106, Kailua-Kona, Hawaii, TMK: 7-5-006:025, pending final inspection; seconded by Ms. Thomas. Nahale-a: Moved and seconded to approve. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. Mizukami (Chie/Seiji): Thank you. The motion was carried unanimously. VI. Preliminary Hearings Nahale-a: 1. APPLICATION NO.: 19-03 (10:08 A.M.) APPLICANT: Mauna Kea Resort LLC TRADE NAME: Hapuna Market PLACE OF BUSINESS: 62-100 Kauna'oa Drive, Kamuela, Hawaii TMK: 6-6-002:037 LICENSE APPLIED FOR: Original Retail General liquor license Robert Ueoka, Esq., and Tom Cross, Manager, were present. Nahale-a: Good morning. Ueoka: Good morning, Madam Chair, Members of the Commission. Robert Ueoka on behalf of Mauna Kea Resort LLC. To my right is Tom Cross, Hotel Manager. First name, T -O -M, last name C -R -O -S -S. At this time we have one change to the investigator's report. The trade name was filed as Hapuna Market but has since been changed to Plumeria Market. And we did get the trade name registered with the Department of Commerce and Consumer Affairs. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 9 Nahale-a: Thank you very much. Could you briefly describe the business for us? Ueoka: It's a sundry store located on the lobby level of the hotel. We are currently open, not serving liquor though, with clothing, gifts, and similar items. We would like to add beer and wine and liquor for off premises consumption. Nahale-a: Thank you very much. Is there any public testimony? There was no public testimony. Nahale-a: Seeing none, Commissioners, questions or discussion? There were no questions or discussion from the Commissioners. Nahale-a: Can I get a motion to approve or deny this application? Greenwell: Move to approve Application No. 19-03, if approved, public hearing to be held on November 7, 2019, in Hilo, Hawaii. Onizuka: Second. Mr. Greenwell moved to approve Application No. 19-03, Mauna Kea Resort LLC, dba Plumeria Market, for an original Retail General liquor license, located at 62-100 Kauna`oa Drive, Kamuela, Hawaii, TMK: 6-6-002:037, if approved, public hearing to be held on November 7, 2019, in Hilo, Hawaii; seconded by Mr. Onizuka. Nahale-a: Moved and seconded to approve. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. The motion was carried unanimously. Ueoka: Thank you. Cross: Thank you. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 10 Nahale-a: 2. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-04 (10:10 A.M.) Coco Cantina Puna Kai LLC Coco Cantina 15-2714 Pahoa Village Road, Suite I-3, Pahoa, Hawaii 1-5-007:069 Original Restaurant General liquor license, Category B1 Gregory Arcibal, Owner, was present. Nahale-a: Good morning. Arcibal: Good morning. Nahale-a: Could you please identify yourself and relationship to the business? Arcibal: I am Greg Arcibal. I'm the owner of Coco Cantina. I'm obtaining a liquor license for Coco Cantina, a casual dining restaurant serving lunch and dinner and brunch on Saturdays and Sundays. Nahale-a: Thank you. Are there any changes to your report? Arcibal: No. Nahale-a: Is there any public testimony? There was no public testimony. Nahale-a: Commissioners, discussion or questions of the testifier? There was no discussion or questions from the Commissioners. Nahale-a: Is there a motion to approve or deny? Greenwell: I make the motion to approve Application No. 19-04, if approved, public hearing to be held on November 7, 2019, in Hilo, Hawaii. Hughes: Second. Mr. Greenwell moved to approve Application No. 19-03, Coco Cantina Puna Kai LLC, dba Coco Cantina, for an Original Restaurant General liquor license, Category B1, located at 15-2714 Pahoa Village Road, Suite I-3, Pahoa, Hawaii, TMK: 1-5-007:069, if approved, public hearing to be held on November 7, 2019, in Hilo, Hawaii; seconded by Mr. Hughes. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 11 Nahale-a: Moved and seconded to approve. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: Thank you very much. Arcibal: Thank you. Thomas: Good luck. VII. Unfinished Business Nahale-a: No Unfinished Business for this meeting, moving on to No. VIII, New Business. VIII. New Business (10:11 A.M.) Nahale-a: No. 1, Jeremy Johnson, ratification of Application for Individual Importation of Liquor Permit. 1. Jeremy Johnson, ratification of Application for Individual Importation of Liquor Permit, approved by Director Gerald Takase on July 24, 2019. Greenwell: Move to ratify. Onizuka: Second. Mr. Greenwell moved to ratify the Application for Individual Importation of Liquor Permit, submitted by Jeremy Johnson, approved by Director Gerald Takase on July 24, 2019; seconded by Mr. Onizuka. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 12 Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 2, Olu Kai, Ltd., dba Huggo's, ratification of Application for Temporary Increase in Licensed Premises to the area between Huggo's on the Rocks and Ali`i Drive, on September 20, 2019. 2. Olu Kai, Ltd., dba Huggo's, ratification of Application for Temporary Increase in Licensed Premises to the area between Huggo's on the Rocks and AIi`i Drive, for charity event celebrating its 50th anniversary on September 20, 2019, approved by Director Gerald Takase on August 8, 2019, to its Restaurant General liquor license, Category B2, located at 75-5828 Kahakai Road, Kailua-Kona, Hawaii. Onizuka: Move to ratify. Ibarra: Second. Mr. Onizuka moved to ratify the Application for Temporary Increase in Licensed Premises to the area between Huggo's on the Rocks and AIi`i Drive, for charity event celebrating its 50th anniversary on September 20, 2019, approved by Director Gerald Takase on August 8, 2019, to its Restaurant General liquor license, Category B2, located at 75-5828 Kahakai Road, Kailua-Kona, Hawaii; seconded Mr. Ibarra. Nahale-a: Moved and seconded. Any discussion? Greenwell: Question. Nahale-a: Yes? Greenwell: They're going to close the street fronting the restaurant? Takase: Yes. Greenwell: I guess the Police Department is going to control, they have special police on duty? SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 13 Takase: They applied with and received a permit to close the street for their celebration. Greenwell: Our enforcement doesn't have anything to do out there on the street? It would be HPD? Takase: No. They're having a 50th anniversary party and are asking for an increase for the roadway portion and that triangular piece across the street. We still have enforcement over all the areas. As much as possible, they're not going to allow drinking on the street. They'll probably have people going back and forth in that area. Ibarra: So, there's different agencies involved in enforcement. Liquor Control is responsible for the liquor licenses and laws and rules. Police will be responsible for the traffic. Takase: I believe between Police and Public Works, they're going to block off the street for that time. They're not going to be directing traffic there. Greenwell: Okay. Nahale-a: Any other questions or discussion? There were no other questions or discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 3, Lorraine Montgomery, ratification of Application for Individual Importation of Liquor Permit. 3. Lorraine Montgomery, ratification of Application for Individual Importation of Liquor Permit, approved by Administrative Officer, Brandon Gonzalez on August 12, 2019. Greenwell: Move to ratify. Thomas: Second. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 14 Mr. Greenwell moved to ratify the Application for Individual Importation of Liquor Permit, submitted by Lorraine Montgomery, approved by Administrative Officer, Brandon Gonzalez on August 12, 2019; seconded by Ms. Thomas. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 4, Outback Steakhouse of Florida, LLC, dba Outback Steakhouse, acceptance of notice of change in officers with the retirement of Joseph J. Kadow, primary decision maker for the sale of liquor, replaced by Kelly Lefferts, Chief Legal Officer/Executive VP/General Counsel and Secretary, effective July 15, 2019; the replacement of David J. Deno, CFO, with Chris Meyer, CFO/Executive VP, effective April 1, 2019; and the Personal History and Affidavits for Kelly Lefferts and Chris Meyer, received on August 8, 2019. Salave`a: Move to accept. Raymond: Second. Mr. Salave`a moved to accept the notice of change in officers, submitted by Outback Steakhouse of Florida, LLC, dba Outback Steakhouse, with the retirement of Joseph J. Kadow, primary decision maker for the sale of liquor, replaced by Kelly Lefferts, Chief Legal Officer/Executive VP/General Counsel and Secretary, effective July 15, 2019; the replacement of David J. Deno, CFO, with Chris Meyer, CFO/Executive VP, effective April 1, 2019; and the Personal History and Affidavits for Kelly Lefferts and Chris Meyer, received on August 8, 2019, to its Restaurant General liquor license, Category B1, located at the Coconut Grove Marketplace, 75-5809 AIi`i Drive, Kailua-Kona, Hawaii; seconded by Ms. Raymond. Nahale-a: It's been moved and seconded. Any discussion? SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 15 There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 5, Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, ratification of Application for Game Permit for Texas Hold'em dinner on September 30, 2019, and October 28, 2019. 5. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, ratification of Application for Game Permit for Texas Hold'em dinner on September 30, 2019, and October 28, 2019, approved by Director Gerald Takase on August 19, 2019, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Thomas: Move to ratify. Greenwell: Second. Ms. Thomas moved to ratify the Application for Game Permit on September 30, 2019, and October 28, 2019, submitted by Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, approved by Director Gerald Takase on August 19, 2019, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 16 Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 6, Chapter 27, LLC, dba Chapter 27 LLC, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, requests approval to extend the time issuance of its Cabaret liquor license, for an additional six months, from October 4, 2019, to and including April 4, 2020. Nahale-a: I would like to request that a motion include the Commission finds good cause and approves or denies this request. Greenwell: I make that motion. Nahale-a: Is your motion to... Greenwell: ...to approve, excuse me. Masuda: ...and find good cause? Greenwell: ...with finding of good cause. Salave`a: Second. Mr. Greenwell moved that pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, the Commission finds good cause and approves the request submitted by Chapter 27 LLC, dba Chapter 27 LLC, to extend the time issuance of its Cabaret liquor license, for an additional six months, from October 4, 2019, to and including April 4, 2020; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion? Salave`a: I have a question for the Director. I couldn't really read the handwriting, so any guidance you can offer, the context about, or the origin of the request? Takase: Basically, he says that he has been working with the State tax office. He thought his CPA was taking care of it, but found out that they weren't doing anything. He's hired a new CPA who's trying to get him out of this mess and get everything straightened out. Hopefully, he will have everything done in several weeks from now. Currently, he is operating as a bar, but we have not approved him yet for his Cabaret license until he brings everything into compliance. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 17 Salave`a: Thank you for that, I appreciate it. lbarra: Madam Chair? I'd like to move on to another category. May I put on the record that regarding item five, the Elks Club, that there is no gambling issue? I missed it at that time. I am not giving any opinion on my own, but they're giving free chips and at the end the person with the highest chips will get a cash prize. I want to make it clear that we're not saying one way or the other, that there's gambling or no gambling. That should be left to the Prosecutors or the appropriate authorities. Greenwell: Good point. Nahale-a: Thank you very much, duly noted. Anything further for that item? There was nothing further from the Commissioners. Nahale-a: Returning to No. 6, we have a motion to approve the extension with good cause. Any further discussion? There was no further discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 7, Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), and NOMNOM EXPRESS (Honoka'a), approval of conversion of its Member, Par Hawaii, Inc. into Delaware Limited Liability Company, Par Hawaii, LLC, effective upon required state filings confirming the conversion. 7. Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), and NOMNOM EXPRESS (Honoka`a), approval of conversion of its Member, Par Hawaii, Inc. into Delaware Limited Liability Company, Par Hawaii, LLC, effective upon required state filings confirming the conversion, to its pending Retail General liquor licenses, located at 370 Kaumana Drive, Hilo, Hawaii, and 45-3533 Mamane Street, Honoka'a, Hawai'i, respectively. Raymond: Move to approve. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 18 Salave`a: Second. Ms. Raymond moved to approve the conversion, submitted by Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), and NOMNOM EXPRESS (Honoka`a), of its Member, Par Hawaii, Inc. into Delaware Limited Liability Company, Par Hawaii, LLC, effective upon required state filings confirming the conversion, to its pending Retail General liquor licenses, located at 370 Kaumana Drive, Hilo, Hawaii, and 45-3533 Mamane Street, Honoka`a, Hawaii, respectively; seconded by Mr. Salave`a. Nahale-a: It's been moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 8, Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), and NOMNOM EXPRESS (Honoka`a), approval of merger of Mid Pac Petroleum, LLC, into Par Hawaii, LLC, effective upon required state filings confirming the merger. 8. Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), and NOMNOM EXPRESS (Honoka`a), approval of merger of Mid Pac Petroleum, LLC, into Par Hawaii, LLC, effective upon required state filings confirming the merger, to its pending Retail General liquor licenses, located at located at 370 Kaumana Drive, Hilo, Hawaii, and 45-3533 Mamane Street, Honoka`a, Hawaii, respectively. Raymond: Move to approve. Salave`a: Second. Ms. Raymond moved to approve the merger, submitted by Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), and NOMNOM EXPRESS (Honoka`a), into Par Hawaii, Inc., effective upon required state filings confirming the merger, to its pending Retail General liquor licenses, located at SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 19 370 Kaumana Drive, Hilo, Hawaii, and 45-3533 Mamane Street, Honoka`a, Hawaii, respectively; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 9, Maruhiro Enterprise Co., Ltd., dba Sushi Shiono, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, requests approval to extend the time issuance of the Restaurant General liquor license, Category A (change of location), for an additional six months, from October 4, 2019, to and including April 4, 2020. 9. Maruhiro Enterprise Co., Ltd., dba Sushi Shiono, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests approval to extend the time issuance of the Restaurant General liquor license, Category A (change of location), for an additional six months, from October 4, 2019, to and including April 4, 2020, by letter dated August 22, 2019. Nahale-a: This motion also needs to include Commission finding good cause for approval or denying request. Is there a motion? Greenwell: I make the motion to approve this request with good cause. Salave`a: Second. Mr. Greenwell moved that pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, the Commission finds good cause and approves the request submitted by Maruhiro Enterprise Co., Ltd., dba Sushi Shiono, to extend the time issuance of its Restaurant General liquor license, for an additional six months, from October 4, 2019, to and including April 4, 2020; seconded by Mr. Salave`a. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 20 Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of approving request with good cause say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 10, Kailua-Kona Restaurants, Inc., dba Pancho and Lefty's Cantina & Restaurante, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control, requests approval to extend the time issuance of the Restaurant General liquor license, Category B2 (change of location), for an additional six months, from October 5, 2019, to and including April 5, 2020. 10. Kailua-Kona Restaurants, Inc., dba Pancho and Lefty's Cantina & Restaurante, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests approval to extend the time issuance of the Restaurant General liquor license, Category B2 (change of location), for an additional six months, from October 5, 2019, to and including April 5, 2020, by letter received August 26, 2019. Nahale-a: This motion also needs to include finding of good cause to approve or deny request. Takase: This is the item you might need interpretation on. Salave`a: Yes, thank you. Takase: In Pancho and Lefty's case, they are moving from their current location to across the alleyway. His landlord requested them to move, but the landlord has also been delinquent in finishing any of the improvements that are needed for them to move. We have no problem with what he's doing and since it's right across the alleyway, there's really nothing much changing to impact that area. We have no objections. Salave`a: Thank you. Nahale-a: Thank you. Is there a motion? SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 21 Greenwell: I make the motion to approve with good cause. Salave`a: Second. Mr. Greenwell moved that pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, the Commission finds good cause and approves the request submitted by Kailua-Kona Restaurants, Inc., dba Pancho and Lefty's Cantina & Restaurante, to extend the time issuance of its Restaurant General liquor license, Category B2 (change of location), for an additional six months, from October 5, 2019, to and including April 5, 2020; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any further discussion? Ibarra: Madam Chair? Nahale-a: Yes? Ibarra: Again, we've been making motions to approve with good cause. I want the record to show that although we're not stating what the good cause is on the record, the good cause is supported by the letter or the exhibit in the file. Nahale-a: Thank you. Greenwell: Excuse me? Nahale-a: Yes? Greenwell: Gerald, does the Building Department (and/or) the Planning Department get involved in this move? Takase: They would have to approve the improvements to the new facility. They're trying to put a kitchen in, so they'll go through the whole nine yards with building, plumbing, electrical, fire. Greenwell: Just for our advice, if they come back in six months and they still aren't ready to go, do we give them a second extension? I realize we're looking down the road, but... Takase: Yes, again, it's up to the Commission. I would say if they have any start of construction by then, I would be in favor of granting that. He's stuck because he's moving, but he doesn't have control over the movement. It's his landlord who's supposed to be doing it. He's trying to get the landlord to move things along, but the landlord is saying he could open in the old place. The landlord's not really recognizing SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 22 that he already applied and got the license for the new place and he needs to do something. That's where we're at. Takase: I was having a discussion with Brandon this morning about, maybe with the way things go, one year may not be a sufficient amount of time for a lot of these entities. They always come in for the liquor license first because they want to know they can either get a liquor license because I believe that's what the bank will require for the financing. They come early on to get that and everything else starts to happen after that. If they're ready to go, they can start right away. If they don't need financing, they can go right away. But, other than that, everything drags. Takase: For those of you who are business people, you can understand that although we like to think that the County works efficiently, sometimes we don't. I'm loathe to ding the Licensees because a lot of times it's a separate County agency that's holding them up. On one hand we're saying `go, go, go,' and the other ones are moving at their own pace. I would hate to deny someone's license on that basis that they were trying to move ahead, and they're caught between a rock and a hard place; but they're being held up by the other departments and we don't have control over the other departments. Once I see that we start to have some motion, not that they're sitting out there not doing anything, then usually we would support granting them those continuances. Ibarra: It's a case by case basis. Sometimes you'll have people that just sit on it and they're not doing anything. Whereas... Takase: Right. We've had those, too, and we'll tell them that we're not going to recommend extensions for you and that will end it. Most of them that we feel there's at least some basis for it, we will allow it to come forward to the Commission, and recommend support in those cases. Nahale-a: Thank you. Any further discussion? There was no further discussion from the Commissioners. Nahale-a: The motion is to approve this request with good cause supported by the letter submitted in the exhibits. All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 23 Nahale-a: No. 11, Special Licenses Issued for Ratification. Request a motion for ratification of Special Licenses, Application Nos. SP -19-12 to SP -19-16, and SP -19-19 to SP -19-29, Item Nos. 11(a) to 11(p). Greenwell: I make that motion. Salave`a: Second. Mr. Greenwell moved to ratify the following Special Licenses: 12. Special Licenses Issued for Ratification a. Application No. SP -19-12, Kona Pride Inc., dba Kona Pride Inc., for a Special Beer liquor license on July 26, 2019, at Lanihau Center, located at 75-5595 Palani Road, Kailua-Kona, Hawaii. b. Application No. SP -19-13, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on August 2 and 15, 2019, at Palace Theater, located at 38 Haili Street, Hilo, Hawaii. c. Application No. SP -19-14, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on August 3, 15, 17-18, 2019, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii. d. Application No. SP -19-15, Hilo Community Players, dba Hilo Community Players, for a Special Beer and Wine liquor license on August 4, 2019, at East Hawaii Cultural Center, located at 141 Kalakaua Street, Hilo, Hawaii. e. Application No. SP -19-16, Hilo Community Players, dba Hilo Community Players, for a Special Beer and Wine liquor license on December 20-22, 2019, at East Hawaii Cultural Center, located at 141 Kalakaua Street, Hilo, Hawaii. f. Application No. SP -19-19, Sanctuary of Mana Ke`a Gardens, dba Sanctuary of Mana Ke`a Gardens, for a Special Beer liquor license on August 10, 2019, at The Shops at Mauna Lani, located at 68-1330 Mauna Lani Drive, Kohala Coast, Hawaii. g. Application No. SP -19-20, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 24 Wine liquor license on August 10, 2019, inside the Donkey Mill Art Center, located at 78-6670 Mamalahoa Highway, Holualoa, Hawaii. h. Application No. SP -19-21, American Cancer Society, Inc., dba American Cancer Society Inc., for a Special Beer liquor license on August 17, 2019, at Hale Halawai, located at 75-5760 An Drive, Kailua-Kona, Hawaii. J• Application No. SP -19-22, Kona Dance & Performing Arts, Inc., dba Kona Dance & Performing Arts, Inc., for a Special Beer liquor license on August 24, 2019, on Kona Brewing Co., LLC's parking lots and lot 12, located at 74-5617 and 74-5599 Pawai Place, Kailua-Kona, Hawaii, respectively. Application No. SP -19-23, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on August 11 and 26, 2019, at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawai'i. k. Application No. SP -19-24, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on September 2, 2019, at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawai'i. I. Application No. SP -19-25, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on August 16-18, 23-25, and 30-31, 2019, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. m. Application No. SP -19-26, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on September 1, 2019, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. n. Application No. SP -19-27, Kona Coffee Cultural Festival, dba Kona Coffee Cultural Festival, for a Special Beer liquor license on August 23, 2019, at Lanihau Center, located at 75-5595 Palani Road, Kailua-Kona, Hawaii. o. Application No. SP -19-28, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on August 25, 2019, at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii. p. Application No. SP -19-29, Kai 'Opua Canoe Club, dba Kai 'Opua Canoe Club, for a Special Beer and Wine SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 25 liquor license on August 29, 2019, at The Hulihe`e Palace, located at 75-5718 Ali`i Drive, Kailua-Kona, Hawaii. The motion was seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 12, Transient Vessel Licenses Issued for Ratification. Again, request for a motion for ratification of Transient Vessel License, Application Nos. TV -19-03 to TV -19-12, Item Nos. 12(a) to 12(j). Hughes: So moved. Salave`a: Second. Mr. Hughes moved to ratify the following Transient Vessel Licenses: 12. Transient Vessel Licenses Issued for Ratification a. Application No. TV -19-03, Waldron Norton LiIIy International Inc., for Carnival Cruises Lines, dba Carnival Spirit, for a Transient Vessel liquor license in port at Hilo Harbor, Hilo, Hawaii, on April 12, 2020. b. Application No. TV -19-04, Waldron Norton LiIIy International Inc., for Carnival Cruises Lines, dba Carnival Splendor, for a Transient Vessel liquor license in port at Hilo Harbor, Hilo, Hawaii, on December 8, 2019, and January 19, 2020. c. Application No. TV -19-05, Waldron Norton LiIIy International Inc., for Carnival Cruises Lines, dba Carnival Miracle, for a Transient Vessel liquor license SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 26 in port at Hilo Harbor, Hilo, Hawaii, on October 27, 2019; December 16, 2019; January 26, 2020; March 2, 2020; and April 24, 2020. d. Application No. TV -19-06, Waldron Norton Lilly International Inc., for Carnival Cruises Lines, dba Carnival Legend, for a Transient Vessel liquor license in port at Hilo Harbor, Hilo, Hawaii, on October 2, 2019. e. Application No. TV -19-07, Waldron Norton Lilly International Inc., for Japan Grace Co., Ltd., dba Ocean Dream, for a Transient Vessel liquor license in port at Hilo Harbor, Hilo, Hawaii, on September 13, 2019. f. Application No. TV -19-08, Waldron Norton Lilly International Inc., for Carnival Cruises Lines, dba Carnival Spirit, for a Transient Vessel liquor license in port at Kona Harbor, Kailua-Kona, Hawaii, on April 13, 2020. 9. Application No. TV -19-09, Waldron Norton Lilly International Inc., for Carnival Cruises Lines, dba Carnival Splendor, for a Transient Vessel liquor license in port at Kona Harbor, Kailua-Kona, Hawaii, on December 7, 2019, and January 18, 2020. h. Application No. TV -19-10, Waldron Norton Lilly International Inc., for Carnival Cruises Lines, dba Carnival Miracle, for a Transient Vessel liquor license in port at Kona Harbor, Kailua-Kona, Hawaii, on October 26, 2019; December 15, 2019; and March 1, 2020. J• Application No. TV -19-11, Waldron Norton Lilly International Inc., for Carnival Cruises Lines, dba Carnival Legend, for a Transient Vessel liquor license in port at Kona Harbor, Kailua-Kona, Hawaii, on October 4, 2019. Application No. TV -19-12, Waldron Norton Lilly International Inc., for Crystal Cruises, LLC, dba Crystal Symphony, for a Transient Vessel liquor license in port at Kona Harbor, Kailua-Kona, Hawaii, on December 30, 2019. The motion was seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion? SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 27 There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. IX. Announcements Nahale-a: Next meetings of the Liquor Commission are on: October 3, 2019, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. November 7, 2019, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. Nahale-a: Is there anything else? There were no other announcements. X. Adjournment Nahale-a: Motion to adjourn? Salave`a: So move. Thomas: Second. Mr. Salave`a moved to adjourn; seconded by Ms. Thomas. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." SEPTEMBER 5, 2019 — LIQUOR COMMISSION MINUTES 28 Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: Meeting adjourned. Meeting adjourned at 10:31 A.M. C Id Takase Director The September 5, 2019, Liquor Commission minutes were approved as circulated via email/mail on September 26, 2019, by the Liquor Commission of the County of Hawaii on October 3, 2019. SEPTEMBER 5, 2019 - LIQUOR COMMISSION MINUTES 29