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HomeMy WebLinkAbout2019-10-03 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — OCTOBER 3, 2019 WEST HAWAII CIVIC CENTER, 74-5044 ANE KEOHOKALOLE HIGHWAY, BUILDING B, 2ND FLOOR, KAILUA-KONA, 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, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. The following were present and constituted a quorum: Commissioners: 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 Absent and Excused: Paula Thomas, Commissioner Others Present: 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: Good morning everyone. I'd like to call the meeting of the County of Hawaii Liquor Commission to order. If everyone could please place your cell phones or any other devices on silent. The microphones in the room are to help us with the recording, they do not amplify your voice, so please speak clearly so that we can hear you when you're recording. Could we start with introductions, Dorsi? Lim: Dorsi Lim, Secretary. Waltjen: Stacie Waltjen, Licensing Officer. Takase: Gerald Takase, Director. lbarra: Ron Ibarra, Commissioner. Salave`a: Allen Salave`a, Commissioner, District 6. Greenwell: David Greenwell, District 9 Commissioner. Nahale-a: Shelby Nahale-a, Commissioner. Masuda: Craig Masuda, Commission Counsel. Onizuka: Claude Onizuka, Commissioner. Raymond: Dawn Raymond, Commissioner. Hughes: Mike Hughes, Commissioner. Arakaki: Warren Arakaki, Commissioner. Gonzalez: Brandon Gonzalez, Administrative Officer. Nahale-a: Thank you, everyone. II. Approval of Minutes Nahale-a: The September 5, 2019, meeting minutes were circulated via email/mail on September 26, 2019. Greenwell: I make the motion to approve the minutes as circulated. Onizuka: Second. Mr. Greenwell moved to approve the September 5, 2019, Liquor Commission minutes 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? There was no opposition by the Commissioners. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 2 Nahale-a: Motion carries. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Nahale-a: No addendum or Supplemental Agenda to today's meeting. IV. Public Statements on Agenda Items Nahale-a: Are there any public statements on the agenda items today? There were no public statements. V. Public Hearings Nahale-a: APPLICATION NO.: 18-31 (10:03 A.M.) APPLICANT: Team Builders of Hawaii, L.L.C. TRADE NAME: Kalaekilohana Inn & Retreat PLACE OF BUSINESS: 94-2152 South Point Road, Naalehu, Hawai'i TMK: 9-4-012:029 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Kenneth Joyce, Owner; and Stuart Kilohana Domingo, Owner, were present. Nahale-a: Good morning. Nahale-a: Could you please identify yourselves and relationship to the business? Joyce: Kenneth Joyce, Owner. Domingo: Kilohana Domingo, Owner. Nahale-a: Mahalo. Are there any changes to your report? Mr. Joyce and Mr. Domingo indicated there were no changes. Nahale-a: Could you briefly describe your business, please? Joyce: We operate a lodge, accommodations, and a commercial kitchen, and we're approved as a restaurant. Nahale-a: Thank you. Director, are there any reports of protests? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 3 Takase: Madam Chairman, the applicant mailed 6 out of 6 notices within 100 feet, and 13 out of 13 within 500 feet. There were 12 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, questions of the Testifiers or Applicant? There were no questions from the Commissioners. Onizuka: I move to close public hearing. Greenwell: I second. Mr. Onizuka moved to close the public hearing; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. 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. Onizuka: Move to approve Application No. 19-01, pending final inspection. Raymond: Second. Mr. Onizuka moved to approve Application No. 19-01, Team Builders of Hawaii, L.L.C., dba Kalaekilohana Inn & Retreat for an original Restaurant General liquor license, Category B1, located at 94-2152 South Point Road, Naalehu, Hawaii, TMK: 9-4-012:029, pending final inspection; seconded by Ms. Raymond. Nahale-a: Motion to approve. Any discussion on this motion? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 4 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. The motion was carried unanimously. Domingo: Thank you. Joyce: Thank you, appreciate it. Nahale-a: Thank you very much. Nahale-a: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-02 (10:05 A.M.) Vibe Cafe L.L.C. Vibe Cafe 750 Kanoelehua Avenue, Suite 101, Hilo, Hawaii 2-2-037:029 Original Restaurant General liquor license, Category B1 Dylan Shropshire, Owner, was present. Nahale-a: Good morning, could you please identify yourself and relationship to the business? Shropshire: Good morning, Dylan Shropshire, Owner. Nahale-a: Thank you. Any changes to your report? Shropshire: No, not at this time. Nahale-a: Could you briefly describe your business for us? Shropshire: We're a small vegetarian cafe in Hilo, by the airport, open for breakfast, lunch and dinner. Nahale-a: Thank you. Director, any reports of protests to this application? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 5 Takase: Madam Chairman, the applicant mailed 12 out of 12 notices within 100 feet, 65 out of 71 notices within 500 feet. There were 60 total 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, questions? There were no questions from the Commissioners. Greenwell: Motion to close the public hearing. Raymond: Second. Mr. Greenwell moved to close the public hearing; seconded by Ms. Raymond. Nahale-a: Moved and seconded to close public hearing. 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. Greenwell: Motion to approve Application No. 19-02, pending final inspection. Raymond: Second. Mr. Greenwell moved to approve Application No. 19-02, Vibe Cafe L.L.C., dba Vibe Cafe, for an original Restaurant General liquor license, Category B1, located at 750 Kanoelehua Avenue, Suite 101, Hilo, Hawai`i, TMK: 2-2-037:029, pending final inspection; seconded by Ms. Raymond. Nahale-a: Moved and seconded to approve the Application No. 19-02. Any discussion? There was no discussion from the Commissioners. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 6 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. Shropshire: Thank you for your time. Nahale-a: Thank you for yours. VI. Preliminary Hearings Nahale-a: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-05 (10:06 A.M.) The Kalama Beach Corporation Pahoa General Store (Retail) 15-2714 Pahoa Village Road, Pahoa, Hawaii 1-5-007:069 Original Retail General liquor license Robert Ueoka, Esq.; and Darrell Ito, District Manager, were present. Ueoka: Good morning, Madam Chair, Members of the Commission, Mr. Takase. Robert Ueoka on behalf of The Kalama Beach Corporation. Present to my right, Mr. Darrell Ito, District Manager. Nahale-a: Any changes to this report? Ueoka: At this time, we have no changes to the investigator's report. Nahale-a: Thank you. Could you describe the business for us? Ueoka: The Kalama Beach Corporation is related to the Foodland Supermarkets, so it's going to be a Foodland type store, like the one we have in Hilo. The same type of operations. Nahale-a: Thank you. Is there any public testimony? There was no public testimony. Nahale-a: Seeing none, Commissioners, questions for the Applicant? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 7 There were no questions from the Commissioners. Onizuka: Motion to approve Application No. 19-05; if approved, public hearing to be held on December 5, 2019, in Kona. Raymond: Second. Mr. Onizuka moved to approve Application No., 19-05, The Kalama Beach Corporation, Pahoa General Store (Retail), for an original Retail General liquor license, located at 15-2714 Pahoa Village Road Pahoa, Hawaii, TMK: 1-5-007:069; seconded by Ms. Raymond. Nahale-a: It's been moved and seconded to approve Application No. 19-05. 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. Ueoka: Thank you so much. Ito: Thank you. Nahale-a: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-06 (10:07 A.M.) The Kalama Beach Corporation Pahoa General Store (Restaurant) 15-2714 Pahoa Village Road, Pahoa, Hawaii 1-5-007:069 Original Restaurant General liquor license, Category B2 Robert Ueoka, Esq.; and Darrell Ito, District Manager, were present. Ueoka: Robert Ueoka on behalf of The Kalama Beach Corporation. To my right, this is Darrell Ito. He is the District Manager. Nahale-a: Thank you. Any changes to the report? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 8 Ueoka: No, no changes to the report. Nahale-a: Can you describe this business? Ueoka: This is a restaurant with general, plate lunch, comfort type food, with liquor service. Nahale-a: Thank you. Is there any public testimony? There was no public testimony. Nahale-a: Seeing none, Commissioners, questions for the Applicant? Salave`a: Yes, I have a question. Nahale-a: Yes? Salave`a: Is the restaurant area outlined in red (referring to the report)? Ueoka: The restaurant is located in the far corner of the retail area. It's going to have on -premises consumption. We are going to have signage to inform everyone you can't take alcoholic beverages from the restaurant area to the retail. We will have employees to monitor that as well. Salave`a: How would the alcohol service be conducted? Will it be in the same place as where you order and pick up food? How would that happen? Ueoka: yes. It's a sit-down restaurant, also with counter service. You would get it and sit in the restaurant area. We have similar operations elsewhere and we're going to follow the same pattern that's been successful. Salave`a: Okay. Ueoka: For us, the signage is very important and the monitoring for sure. Salave`a: Will the alcohol be able to, because I know it's adjacent to the outside area... Ueoka: The outside area is included in the restaurant area. Salave`a: So, it's part of where they can take the alcohol? Ueoka: Yes. Salave`a: How often do you expect to have live music? Ueoka: We put that in just in case. We want to be flexible. We have it as seven days a week, but most likely it will be just on weekends. Salave`a: Okay. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 9 Ueoka: It would be early, like a "pau hana" night, but not a primary part. We just put it in for flexibility. But we most likely plan on just weekends, Friday, and Saturdays. Salave`a: Okay. The space designated for the dance floor, does that have to be clear and outlined or can that be designated per event, or when the live music is occurring? Takase: They don't have to designate a permanent location. They just need to have 100 square feet, if they're going to have it. It's a new concept for this area, but at the Queens' Shops, at ABC, KTA, and Aloha Wine Bar, there is a similar concept where it is attached to the store. There's some delineation, and it's small, like this one. So, whoever is going to be on duty can monitor inside and outside. Also, at Prince Kuhio, there is Maui Tacos. They are contiguous to a commercial area. They have signage and, I think, surfboards to mark off the consumption area from the regular commercial area. Salave`a: Okay, I think that's all the questions I have. Thank you. Nahale-a: Thank you. Anyone else? There was no public testimony. Onizuka: Madam Chair, I move to approve Application No. 19-06; if approved, public hearing to be held on December 5, 2019, in Kona Raymond: Second. Mr. Onizuka moved to approve Application No., 19-06, The Kalama Beach Corporation, Pahoa General Store (Restaurant), for an original Restaurant General liquor license, Category B2, located at 15-2714 Pahoa Village Road Pahoa, Hawaii, TMK: 1-5-007:069; seconded by Ms. Raymond. Nahale-a: Moved and seconded to approve Application No. 19-06. 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. Thank you very much. The motion was carried unanimously. Ueoka: Thank you. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 10 Ito: Thank you. Nahale-a: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T19-07 (10:00 A.M.) Big Island Alehouse, LLC Laverne's Sports Bar 75-5819 Ali`i Drive, Kailua-Kona, Hawaii 7-5-009:025; 027 Consolidation of Big Island Alehouse, LLC, dba Humpy's Big Island Alehouse with Kohola, LLC, dba Laverne's Sports Bar for a Restaurant General liquor license, Category B2 Mike Middleton, Manager; and James Maurer, Managing Partner, were present. Nahale-a: Good morning. Could you please identify yourself and relationship to the business? Middleton: Mike Middleton, Manager. Maurer: James Maurer, Managing Partner. Nahale-a: Thank you. Are there any changes to the report? Mr. Middleton indicated there were no changes. Nahale-a: Can you briefly describe your business for us, please? Middleton: We're an American -themed restaurant and bar that operates from 8:00 A.M. with breakfast service, until 2:00 A.M. closing, seven days a week. Nahale-a: Wow. Thank you very much. Is there any public testimony? There was no public testimony. Nahale-a: Commissioners, questions for the Applicant? There were no questions from the Commissioners. Greenwell: You certainly did a good job with the pictures. Middleton: Thank you. Nahale-a: Any other questions or remarks? Onizuka: We don't get any Department report on this? Oh, not on a preliminary. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 11. Nahale-a: Not on a preliminary hearing. Yes. Onizuka: This is only the preliminary. Masuda: He's asking for the license history. Takase: It should be in there (the report), too. Nahale-a: It should be on the bottom? Just to point out to the Commissioners, this license does have special conditions that were imposed upon it be the Commission in 2003. Takase: Nothing within the last five years. Nahale-a: Any other... Onizuka: Move to approve Application No. T19-07; if approved, public hearing to be held November 7, 2019, in Hilo. Raymond: Second. Mr. Onizuka moved to approve Application No. T19-07, Big Island Alehouse, LLC, dba Laverne's Sports Bar, for the consolidation of Big Island Alehouse, LLC, dba Humpy's Big Island Alehouse with Kohola, LLC, dba Laverne's Sports Bar for a Restaurant general liquor license, Category B2, Located at 75-5819 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-5-009:025 and 027; if approved, public hearing to be held on November 7, 2019, in Hilo, Hawaii; seconded by Ms. Raymond. Takase: I would like to address the (Applicant). You understand that we still need a lease from one entity, not two entities? It's going to be Big Island Alehouse holding the license. We need to show the lease is going to them. Middleton: We've just become aware of that this morning. We will have that in the next day or so. Nahale-a: Any other discussion on the motion? There was no other 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. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 12 Nahale-a: Motion carries. Thank you very much. The motion was carried unanimously. Middleton: Thank you very much. Greenwell: Thank you. Nahale-a: APPLICATION NO.: 19-08 (10:00 A.M.) APPLICANT: Kokoiki Brands LLC TRADE NAME: Kokoiki Brands PLACE OF BUSINESS: Kohala Trade Center, 55-3419 Akoni Pule Highway, #1 and #2, Hawi, Hawaii TMK: 5-5-009:076 LICENSE APPLIED FOR: Original Retail General liquor license Richard Bodien, Owner, was present. Nahale-a: Good morning. Bodien: Good morning. Nahale-a: Could you please identify yourself and your relationship to the business? Bodien: I am Richard Bodien, and I am the Owner. Nahale-a: Thank you. Are there any changes to the report submitted? Mr. Bodien indicated there were no changes. Nahale-a: Any public testimony to this application? There was no public testimony. Nahale-a: Commissioners, questions for the Applicant? Greenwell: What was the original location of this building? Bodien: Kohala Trade Center has been there, I think, since the twenties. Greenwell: Yes. It hasn't been Kohala Trade Center, but it's been there for some time. Bodien: It was a Shell Station. Greenwell: Right. Okay. Nahale-a: Any other questions? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 13 Greenwell: Move to approve Application No. 19-08; if approved, public hearing to be held on December 5, 2019, in Kailua-Kona. Hughes: Second. Mr. Greenwell moved to approve Application No. 19-08, Kokoiki Brands LLC, dba Kokoiki Brands, for an original Retail General liquor license, located at the Kohala Trade Center, 55-3419 Akoni Pule Highway, #1 and #2, Hawi, Hawaii, TMK: 5-5-009:076; if approved, public hearing to be held on December 5, 2019, in Kailua-Kona, Hawaii; seconded by Mr. Hughes. Nahale-a: It's been 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. Nahale-a: APPLICATION NO.: 19-09 (10:00 A.M.) APPLICANT: Travel Traders Hotel Stores, Inc. TRADE NAME: The Resort Shop PLACE OF BUSINESS: 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii TMK: 6-9-007:008 LICENSE APPLIED FOR: Original Retail General liquor license Craig Obina, District Manager, was present. Nahale-a: Good morning. Could you please identify yourself and your relationship to the business? Obina: Good morning. Craig Obina, District Manager. Nahale-a: Thank you. Any changes to the report submitted? Obina: No. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 14 Nahale-a: Okay. Could you describe the business for us? Obina: This will be a resort shop on Marriott property. Nahale-a: Any public testimony to this application? There was no public testimony. Nahale-a: Commissioners, questions of the Applicant? There were no questions from the Commissioners. Onizuka: Move to approve Application No. 19-09; if approved, public hearing to be held on December 5, 2019, in Kona. Raymond: Second. Mr. Onizuka moved to approve Application No. 19-09, Travel Traders Hotel Stores, Inc., dba The Resort Shop, for an original Retail General liquor license, located at 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii, TMK: 6-9-007:008; if approved, public hearing to be held on December 5, 2019, in Kona, Hawai`i; seconded by Ms. Raymond. Nahale-a: Moved and seconded. 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. Thank you. Obina: Thank you. The motion was carried unanimously. VII. Unfinished Business Nahale-a: There is no Unfinished Business for this meeting. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 15 VIII. New Business (10:20 A.M.) Nahale-a: Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), acceptance of notification of change of director with the resignation of Jeffrey Wong Cho, Director, effective May 31, 2019. 1. Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), acceptance of notification of change of director with the resignation of Jeffrey Wong Cho, Director, effective May 31, 2019, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii. Salave`a: Move to accept. Raymond: Second. Mr. Salave`a moved to accept the notification of change of director with the resignation of Jeffrey Wong Cho, Director, effective May 31, 2019, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii; seconded by Ms. Raymond. 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. 2, Puna Plantation Hawaii, Limited, dba KTA Super Stores #2 (Kailua-Kona), ratification of Application for Alteration Permit, for the installation of new refrigeration units. 2. Puna Plantation Hawaii, Limited, dba KTA Super Stores #2 (Kailua- Kona), ratification of Application for Alteration Permit, for the installation of new refrigeration units, approved by Director Gerald Takase on August 29, 2019, to its Retail General liquor license, located at the Kona Coast Shopping Center, 74-5596 Palani Road, Kailua-Kona, Hawaii. Salave`a: Move to ratify. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 16 Raymond: Second. Mr. Salave`a moved to ratify the Application for Alteration Permit, for the installation of new refrigeration units, submitted by Puna Plantation Hawaii, Limited, dba KTA Super Stores #2 (Kailua-Kona), to its Retail General liquor license, located at the Kona Coast Shopping Center, 74-5596 Palani Road, Kailua-Kona, Hawaii; seconded by Ms. Raymond. 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. 3, Olu Kai, Ltd., dba Huggo's, ratification of Amended Application for Temporary Increase in Licensed Premises to the area between Huggo's on the Rocks and Ali`i Drive, for charity event celebrating its 50th anniversary on October 18, 2019. 3. Olu Kai, Ltd., dba Huggo's, ratification of Amended Application for Temporary Increase in Licensed Premises to the area between Huggo's on the Rocks and Ali`i Drive, for charity event celebrating its 50th anniversary on October 18, 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. Greenwell: Move to ratify. Raymond: Second. Mr. Greenwell moved to ratify the Amended 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 October 18, 2019, submitted by Olu Kai, Ltd., dba Huggo's, 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 by Ms. Raymond. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 17 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, Thomas T. Kadota, Ltd., dba Kadota Liquors, ratification of Application for Temporary Increase in Licensed Premises to the K's Drive -In patio, on September 5, 2019. 4. Thomas T. Kadota, Ltd., dba Kadota Liquors, ratification of Application for Temporary Increase in Licensed Premises to the K's Drive -In patio, on September 5, 2019, approved by Director Gerald Takase on September 4, 2019, to its Retail General liquor license, located at 194 Hualalai Street, Hilo, Hawaii. Onizuka: Move to ratify. Hughes: Second. Mr. Onizuka moved to ratify the Application for Temporary Increase in Licensed Premises to the K's Drive -In patio, on September 5, 2019, submitted by Thomas T. Kadota, Ltd., dba Kadota Liquors, approved by Director Gerald Takase on September 4, 2019, to its Retail General liquor license, located at 194 Hualalai Street, Hilo, Hawaii; seconded by Mr. Hughes. 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. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 18 Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 5, Walgreen of Hawaii, LLC, dba Walgreens, approval of notice of appointment of Hari Krishna Avula as Vice President, Treasurer, Chief Financial Officer and Director, effective April 1, 2019, by letter dated September 9, 2019, and email of September 24, 2019; and acceptance of the Personal History and Affidavit for Hari Krishna Avula, received on September 11, 2019. 5. Walgreen of Hawaii, LLC, dba Walgreens, approval of notice of appointment of Hari Krishna Avula as Vice President, Treasurer, Chief Financial Officer and Director, effective April 1, 2019, by letter dated September 9, 2019, and email of September 24, 2019; and acceptance of the Personal History and Affidavit for Hari Krishna Avula, received on September 11, 2019, to its Retail General liquor license, located at 301 East Maka'ala Street, Hilo, Hawaii. Salave`a: Move to approve and accept. Greenwell: Second. Mr. Salave`a moved to approve the notice of appointment of Hari Krishna Avula as Vice President, Treasurer, Chief Financial Officer and Director, effective April 1, 2019, by letter dated September 9, 2019, and email of September 24, 2019; and accept the Personal History and Affidavit for Hari Krishna Avula, received on September 11, 2019, submitted by Walgreen of Hawaii, LLC, dba Walgreens, to its Retail General liquor license, located at 301 East Maka'ala Street, Hilo, Hawaii; seconded by Mr. Greenwell. 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. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 19 Nahale-a: No. 6, Tommy Bahama Beverages, LLC, dba Tommy Bahama's Tropical Cafe, ratification of Application for Temporary Increase in Licensed Premises to the Mall Hula Mound, on September 28, 2019. 6. Tommy Bahama Beverages, LLC, dba Tommy Bahama's Tropical Cafe, ratification of Application for Temporary Increase in Licensed Premises to the Mall Hula Mound, on September 28, 2019, approved by Director Gerald Takase on September 18, 2019, to its Restaurant General liquor license, Category B2, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 101, Kamuela, Hawaii. Salave`a: Move to ratify. Greenwell: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises to the Mall Hula Mound, on September 28, 2019, approved by Director Gerald Takase on September 18, 2019, submitted by Tommy Bahama Beverages, LLC, dba Tommy Bahama's Tropical Cafe, to its Restaurant General liquor license, Category B2, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 101, Kamuela, 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." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 7, Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), ratification of Application for Game Permit for Crap Table and Poker Table for entertainment only, on October 4, 2019. 7. Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), ratification of Application for Game Permit for Crap Table and Poker Table for entertainment only, on October 4, 2019, approved by OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 20 Administrative Officer Brandon Gonzalez, on September 18, 2019, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii. Salave`a: Move to ratify. Greenwell: Second. Mr. Salave`a moved to ratify the Application for Game Permit for Crap Table and Poker Table for entertainment only, on October 4, 2019, approved by Administrative Officer Brandon Gonzalez, on September 18, 2019, submitted by Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii; seconded by Mr. Greenwell. Nahale-a: Any discussion? Ibarra: Again, clarification that the Liquor Commission is not determining whether it's gambling or not gambling under the penal code. Nahale-a: Thank you for the clarification. Any other comment or discussion? There were no further comments 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. 8, Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, dba The Westin Hapuna Beach Resort, acceptance of notice of change of officers and directors as follows: • Removal of Hajime Horiuchi, Director Appointment of Tomoyuki Nishii as Director Personal History and Affidavit for Tomoyuki Nishii, Director effective August 1, 2019, received on September 23, 2019. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 21 8. Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, dba The Westin Hapuna Beach Resort, acceptance of notice of change of officers and directors as follows: • Removal of Hajime Horiuchi, Director • Appointment of Tomoyuki Nishii as Director • Personal History and Affidavit for Tomoyuki Nishii, Director effective August 1, 2019, received on September 23, 2019, to its Hotel liquor licenses, located at 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii; and 62-100 Kauna`oa Drive, Kamuela, Hawaii, respectively. Salave`a: Move to accept. Greenwell: Second. Mr. Salave`a moved to accept the notice of change of officers and directors with the removal of Hajime Horiuchi, Director; Appointment of Tomoyuki Nishii as Director; and the Personal History and Affidavit for Tomoyuki Nishii, Director, effective August 1, 2019, received on September 23, 2019, submitted by Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, dba The Westin Hapuna Beach Resort, to its Hotel liquor licenses, located at 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii; and 62-100 Kauna`oa Drive, Kamuela, Hawai`i, respectively; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: AH 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, Par Hawaii, LLC, dba NOMNOM EXPRESS (Kaumana), dba NOMNOM EXPRESS (Honoka`a), pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, requests approval to extend the time issuance of the Retail General liquor licenses, located at 370 Kaumana Drive, Hilo, Hawaii; and 45-3533 Mamane Street, OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 22 Honoka'a, Hawaii, respectively, for an additional six months, from November 6, 2019, to and including May 6, 2020. 9. Par Hawaii, LLC, dba NOMNOM EXPRESS (Kaumana), dba NOMNOM EXPRESS (Honoka`a), 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 Retail General liquor licenses, located at 370 Kaumana Drive, Hilo, Hawaii; and 45-3533 Mamane Street, Honoka'a, Hawaii, respectively, for an additional six months, from November 6, 2019, to and including May 6, 2020, by letter dated September 23, 2019. Greenwell: I make the motion that the Commission finds good cause as the Applicant is Awaiting parts and equipment, and inspection from other government agencies, and approves the request for extension. Salave`a: Second. Mr. Greenwell moved that pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control, the Commission finds good cause as the Applicant is awaiting parts and equipment, and inspection from other government agencies, and approves the request submitted by Par Hawaii, LLC, dba NOMNOM EXPRESS (Kaumana), dba NOMNOM EXPRESS (Honoka`a) to extend the time issuance of the Retail General liquor licenses, located at 370 Kaumana Drive, Hilo, Hawaii; and 45-3533 Mamane Street, Honoka`a, Hawaii, respectively, for an additional six months, from November 6, 2019, to and including May 6, 2020; 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. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 23 Nahale-a: No. 10, Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United State of America, dba Kona Elks Club, acceptance of notice of change in officers as follows: Removal of Barbara Nance, Secretary Appointment of James Booth, as Secretary Personal History and Affidavit for James Booth, Secretary effective August 22, 2019, received on September 24, 2019. 10. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United State of America, dba Kona Elks Club, acceptance of notice of change in officers as follows: • Removal of Barbara Nance, Secretary • Appointment of James Booth, as Secretary • Personal History and Affidavit for James Booth, Secretary effective August 22, 2019, received on September 24, 2019, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Salave`a: Move to accept. Greenwell: Second. Mr. Salave`a moved to accept the notice of change in officers with the removal of Barbara Nance, Secretary; appointment of James Booth, as Secretary; and the Personal History and Affidavit for James Booth, Secretary, effective August 22, 2019, received on September 24, 2019, submitted by Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawai`i; 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." OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 24 Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 11, Kona Haven USA Corp., dba Haven Brew, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, requests approval to extend the time issuance of its Small Craft Producer Pub liquor license, for an additional six months, from October 4, 2019, to and including April 4, 2020, by email dated August 28, 2019. 11. Kona Haven USA Corp., dba Haven Brew, 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 its Small Craft Producer Pub liquor license, for an additional six months, from October 4, 2019, to and including April 4, 2020, by email dated August 28, 2019. Eric Kim, Vice President and Director, was present. Nahale-a: Good morning. Before the Commission takes action, could you introduce yourself to us and your relationship to the business? Kim: My name is Eric Kim. I'm the Vice President of Kona Haven USA. We are a new business making wines and brandy out of the coffee cherries. Nahale-a: Thank you. This is another matter in which the motion needs to include finding of good cause. Greenwell: I'd like to make the motion that the Commission finds good cause being that the building process is going on and parts and equipment are on backorder, and approves the request. Salave`a: Second. Mr. Greenwell moved that pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control, the Commission finds good cause as the building process is ongoing and parts and equipment are on backorder, and approves the request submitted by Kona Haven USA Corp., dba Haven Brew, to extend the time issuance of its Small Craft Producer Pub liquor license, for an additional six months, from October 4, 2019, to and including April 4, 2020; seconded by Mr. Salave`a. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 25 Nahale-a: Moved and seconded with good cause to approve. Any discussion? Takase: Yes. Mr. Kim, I saw your letter regarding the equipment dates, but I was down there this morning, and frankly, I don't see much progress being made at the site. Kim: Well, this is what happened, exactly. All the equipment is being imported from China. We got part of the shipment, I think, about six or seven months ago. But, about 80% (of the shipment) was the wrong equipment. We had a project manager who was in charge of finishing the inside space and making sure all the right equipment was received. He flew to China and he's gone. We had to re -purchase the equipment which was about $30,000 to $40,000. Now I don't have any project manager to move on. We have been trying to speak with several different people about it. The whole mess started from about seven or eight months ago. I know you see a lot of nothing going on inside, but there's the existing place, what it used to be. My plan was, we are making changes with the plumbing system because we are making wines in there. We had the plumbers ready to go in, but before that, we had to have the equipment in there first to make sure the plumbing lines were all right. But all that stopped because of that. With a new business, sometimes things happen like that. We wasted a lot of time and money on the project, but we just don't have any choice. We move on. I'm not even sure that six months is enough time for me to finish the other project right now. These are my issues at this time. Takase: Who is your contractor? Kim: I talked to the City. The place is ready to go, so we are thinking of changing the business right now. We are not really pointing at any contractors yet. Takase: Do you have building permits? Kim: Excuse me? Takase: Do you have building permits for that location? Kim: Previously, we had the COO (Certificate of Occupancy) there with the previous business. I talked to my architect, John Haverington, and he says we are pursuing as we are changing the business. It's not like we had to apply for all the building permits or anything like that, you know. Takase: You're also involved with K's restaurant? Kim: K's, yes, K's House Restaurant. But that's another issue. Since we own the property over there, as you know, the project has been going on for almost two and a half years. It took me about two years for me to get all the permits. Our operations manager couldn't make it financially. She's the operations manager because I don't have any restaurant experience. So, at this time, I'm looking for another partner to operate the business. That project has also stopped. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 26 Gonzalez: I didn't quite get the answer to the Director's question. Do you have plumbing permits for the plumbing work? Kim: No, because I'm not going to apply for anything yet until I get the right equipment in there. Then I can take the next step, construction wise. We have plumbers working on that property, a separate company, TCA. But I can't really commit to a construction schedule until I get the right equipment. Gonzalez: Wait, you have plumbers working in that space already? Kim: Not yet. But they already looked at all the plans. Takase: I don't know what he can complete within six months. We can give him six months and see what happens. But those are the kinds of things you need to recognize that need to get done. Kim: Right, exactly. Takase: If I just read your letter, I would think you're getting close to finishing. But, when I went to look at it, it looks like... Kim: I'm not going to write about my internal issues like my project manager is gone with all the money and that kind of stuff. I don't think that's the right explanation for me to ask for the extension on. This is a great opportunity for me to explain. That's the actual business going on. So many things happen, especially here in Hawaii. That's what I have right now. Like I said, we have to move on. Nahale-a: Mr. Director, given that this is a little trickier situation than I think we understood, do you have a recommendation for us? Greenwell: I'm considering withdrawing my motion now that light has been shed on this. don't believe that we know as much as we should know, and this may have to go into discussion. At this point, I'd like to withdraw my motion. Takase: My proposal would be to give him the six months, but I wanted him to understand that we're looking at it like he's making progress, but he's...I think it would be unfair to "ambush" him today and say, "Sorry, you're out." But, maybe within the next six months you need to keep us informed of what's going on. Tin me, it looks like there's been very little progress. I look at the K's restaurant side; you demo -ed everything and it looks like you have a couple of steel girders up, but I don't know what's going on over there. Kim: Maybe you didn't see inside of that. We already spent about $400,000 into that. We combined the 8,000 square feet including the patio. Takase: Yes, I see it gutted out. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 27 Kim: When you talk about electric and plumbing, that's $200,000 right there. That doesn't include demolition and frames that cost me another $150,000. You don't see a lot of the interior remodeling, but we've already poured in almost $400,000 into it. Takase: So, do you have building permits for those? Kim: Yeah. We have about four or five permits right there, including the Fire Department, building permit, electric permit. The Fire Department permit was pretty hard because we are offering a down draft for the grill tables, which there are about 35 of them, and that took me about six months to get from the Fire Department. Everything was a mess. I've done a lot of construction business on the mainland, Dallas, Texas in the last twenty years. Like I said, this is what happens in business. You don't have any choice but to move on. I don't know if I can make the project right or not, we've already poured a lot of money into it. I don't know why I'm talking about the K's project here, but since our company's handling all of that, we just don't have any choice. If you understand about the nature of business, and 1 appreciate it, but I do understand if you deny my request for an extension on the other business, which I do understand, also. Ibarra: I echo Mr. Greenwell's concern as well as further discussion in light of the additional information. Whether we discuss this matter, it's not fair to everybody, including the Applicant, that this has come up and if we were to take a vote today, I would say we don't have enough information. Give what the Director says, this other business that there's been an extension for and considering what the Director has said about this business here, I would like more information. I don't see any downside in continuing for discussion rather than denying it. Greenwell: Exactly, thank you. Ibarra: I don't know if that's the proper... Nahale-a: He withdrew (the motion). Masuda: Dorsi, who made the second? Lim: It wasn't seconded. Correction was later made that Mr. Salave`a seconded Mr. Greenwell's motion. Masuda: Yes, he withdrew his motion, so there's nothing on play now. Ibarra: So do we need to make a motion to continue? Masuda: Yes. Takase: There are two options at this point. Well, three options: 1) You could just approve the extension, and with that, I would ask him to give us a more complete report within that six months; 2) you can continue the matter of whether you're going to grant OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 28 the extension and give him some time to get additional paperwork so we can understand; and 3) you can deny the extension. Masuda: Or, Gerald, is it possible that they could conditionally grant it for six months, but have him come back and give as report in two months? It might be easier to continue it? Takase: Typically, we grant the six months if there's any signs of movement and this one was a little different than what we normally see. That's why I went out to look again. I didn't see much being done. Most places have their permits up so I can tell they're in the process. But, there were no permits in sight on location. I don't mind extending you, but I want you to understand that if there's nothing being done, we won't recommend extension. But, it wasn't my intention to stop you today. I'd give you a chance to show what you have to show. Kim: I appreciate your generosity. You know, making wine out of the coffee cherries is a new business. Our motivation to do that business is that we're trying to make a landmark for the Kona coffee industry here. Takase: I want to give you the opportunity to do it, and I know K's restaurant doesn't directly tie into it, but you're connected with that as well. It seems like the two things look alike right now. Kim: Thank you. Hughes: Gerald, just a question. If we were to deny the request, what are the ramifications for him? Would he have to reapply again? Or can he not reapply again? Takase: He can reapply again. Hughes: Because, if I understand him correctly, he's saying that he's basically looking for an investor to continue with this project. Which tells me that right now, he doesn't have the money to really... Takase: ...do anything? Hughes: ...do anything. And... Kim: ...the K's House project? Hughes: What's that? Kim: On the K's House project? Hughes: No, I'm talking about this one. Kim: No, this is not the money issues we have, this project here. He was asking about the K's House project status. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 29 Takase: Maybe I'm mixing up... Hughes: Oh, I'm sorry. I might've misunderstood. Kim: It's not the money issue right now. In need to find the right partners for the operation. 1 mean, money is very important, too, on the K's House project. More likely, I'm looking for the right partner for the operation. That is my issue right now. Without that, I'd have to spend another $700,000. That would be a 1.2 million dollar project right there. So, even though we cover all the expenses and all that, and I don't have any write-off later, it would be nothing. It would just stop. That is the point I'm trying to make to him on the K's House project. Kim: But this project is not really a huge project. We're looking at about a $150,000 max $200,000 investment on this project. It's not really (inaudible). This is another issue. The person who's supposed to be in charge of the project is gone. Kind of the same scenario with the K's House project. This is Hawaii. It's really hard to find the right people to move the project. If this was the mainland, I can do this project probably within six months, you know, in no time. But these are some of the issues I'm facing, right now on my two projects. To be honest with you, I would appreciate the six months. Thanks for all that. But I can't really promise that I'm going to finish within six months. But, I'm trying hard. That's what I'm going to do. If I don't, I guess I'm going to have to start all over again. Takase: After six months, if it looks like you're close to finishing, I think we would work with you. But, if it looks the same as it does today, then I would probably say... Kim: Yeah, drawing plans and blueprints and other things are pretty much ready to go. Other than that, we already got the contractors Tined up. The problem, again, is what already said. Al the equipment is coming from China and Korea. I'm having problems with the products coming from China especially. Plus all the changes going on and the taxes changing, I just need to sort it out. Takase: We can give you two options: 1) we can continue this matter. We'll work with him to verify and get those things that are at least happening. Masuda: Gerald, you would recommend a one-month or two-month continuance? Takase: Let's do two months since we'll be back here in two months. Masuda: Okay. Let me read something for the Commission, too. This is under Section 4-2-M. This is the relevant section for extensions. 'Requests for extension may be submitted for good cause for an additional six months provided the Applicant may request an additional six months extension upon proof that the project is actively under construction and/or is seeking compliance to another government agency's regulations.' So, in two months, you should have some activity. Onizuka: Question to the Director; if we deny this extension, and he should come back to apply once he gets his operations under construction, and has a better picture of the completion date, what timeframe is that? From the application to the new... OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 30 Takase: It's going to probably be three months. The only other thing that there's a problem with is typically, when a license gets denied; and off the top of my head, I'm going to say this one was granted, so it doesn't come into play. But, usually when a license is denied, there's a one-year moratorium on it being applied for again. I'II have to look at it; but this wasn't a denial necessarily. He had a license; it just lapsed. If we can do this, Mr. Kim, I'm saying continue this for a couple months. Can you get us the information to show that you ordered the equipment? Kim: Progress? Takase: Yes. That you ordered the equipment, you didn't get it; something you can verify the steps that you've been taking. If you can get us that information, then we can at least say that we could support your request. Kim: Yeah. I have no problem with that; updating all that and what's going on. Yeah. Nahale-a: Are there any other questions or discussion? Is there a question (to Mr. Greenwell)? Greenwell: After hearing this discussion, I'd like to revise my motion, and that would be to continue this until (the) December 5th meeting here in Kona, and we'll hear back from the Applicant at that time, with written verification of where he's coming from or where he's at. Ibarra: Second. Mr. Greenwell moved to continue the request submitted by Kona Haven USA Corp., dba Haven Brew, to extend the time issuance of its Small Craft Producer Pub liquor license, for an additional six months from October 4, 2019, to and including April 4, 2020, after receiving written verification of the status/progress of this project; seconded by Mr. Ibarra. Nahale-a: Moved and seconded. Any discussion on the motion? Salave`a: Yes, I have a final question for the Applicant. Nahale-a: Yes? Salave`a: What is your best estimate on obtaining the equipment you need to move forward? Kim: Well, either I fly to China to find out what the status is because my project manager is gone with all the monies; and with the holidays coming up, I don't know if I can make it or not. I'm also involved in the coffee business right now. I have two months' time limit on this project. I guess I'll just have to do something about it. To answer your questions, to finish the whole project A -Z, all that... OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 31 Salave`a: No, no, just obtaining the equipment, because to me, that's a significant enough step for the Commission to say, `okay, there's investment and movement here; we're comfortable enough with maybe extending six months.' Kim: Because of the holiday, Christmas and all that, I'II say a reasonable time for me to know something and be ready, is by the end of January (2020). Salave`a: So, to follow up to that, ae you planning on travelling to China? Kim: I guess I don't have any choice. I'll have to go. I don't have anyone to do it. Salave`a: Okay, can you provide us with that information and the results from that trip at the next meeting, so that we can evaluate your progress? Kim: Yes. Ibarra: I have a question to follow up. Nahale-a: Yes? Ibarra: Mr. Kim, I take it when you said that you're ordering equipment and doing all these other things, that you have written documentation. You can show the Director all this paperwork that you've been doing and then saying you're going to travel to China? You have all the documentation? Kim: Yes. Ibarra: Even before going to China? Kim: Yeah. Ibarra: Which you might be able to provide? Kim: I can show the orders, the equipment list that was ordered, and we have all that kind of stuff, so I have no doubt I can do that. Ibarra: To provide it to the Director within two months? Kim: Yeah. Nahale-a: Thank you. Salave`a: Can I just make one final statement? This is it. Nahale-a: Yes. Salave`e: To Mr. Kim, I personally support what your concept is. It's a novel idea. It's utilizing something that is currently thrown away so I see value in creating value from that, so I would like to see this project go forward and in my opinion, none of what we discussed OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 32 here today is meant to discourage you, but just to ensure that we are fulfilling our fiduciary duty as a Commission. So, I'd like to encourage you to "ho`omau," move on. Kim: Yes, thank you, sir. Nahale-a: Thank you. Current motion on the floor is to continue this matter for two months to the December 5th 2019, meeting back here in Kona; which gives Mr. Kim some time in order to produce some documentation for us to show specifically the equipment has been ordered and to clarify some of those issues for us. Salave`a: Was it seconded? lbarra: I seconded it. Onizuka: Question. Nahale-a: Yes? Onizuka: Shouldn't we ask for documentation of his equipment plus timetable layout of his project? Gonzalez: The long range project timetable? Onizuka: Yeah, because just ordering the equipment is one thing. But, we want to know how long this project is going to take. Takase: Yes. We'll get that as well. I'll work with Mr. Kim. Kim: I'II provide anything that you guys need. As a businessman, we spend our money and time. I need to recoup that. And with all the restrictions, the regulations; I respect that. This is a legal business I'm doing in Kona. I appreciate your concerns, but also, I'm asking you to give me some break because the nature of the business is that something like this happens. It's my responsibility to take care of it, but I'll be honest with you. If I cannot move on, I'll let you guys know. I'm not going to drop this project. I'm going to wait until everything is ready, and then I will reapply. At that time, I may be in a better position to talk about it. But, until December 5th, I'II try to do everything to provide the update and documentation. Nahale-a: The Department will work with the Licensee to obtain the documentation requested by the Commission which should include some kind of evidence of progress in terms of acquiring the equipment as well as a long term project timeline. Nahale-a: All those in favor of this motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 33 Nahale-a: Motion carries. The motion was carried unanimously. Greenwell: Thank you. Kim: Thank you. Nahale-a: No. 12, Special Licenses Issued for Ratification. If I could please get a motion for ratification of Special Licenses, Application Nos. SP -19-30 to SP -19-41, Item Nos. 12(a) to 12(1). 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 -19-30, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on August 31, 2019, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii. b. Application No. SP -19-31, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on September 14, 21-22, and 30, 2019, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii. c. Application No. SP -19-32, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license on September 7, 2019, inside the Donkey Mill Art Center, located at 78-6670 Mamalahoa Highway, Hblualoa, Hawaii. d. Application No. SP -19-33, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on September 6, 20, and 27-29, 2019, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. e. Application No. SP -19-34, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on October 4-6, 11-13, 25-26, and 30-31, 2019, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 34 f. Application No. SP -19-35, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on October 11-12, 18-19, and 25-26, 2019, at Palace Theater (Lobby and Auditorium), located at 38 Haili Street, Hilo, Hawaii. g. Application No. SP -19-36, Rotary Club of Kona Sunrise, dba Rotary Club of Kona Sunrise, for a Special Beer and Wine liquor license on September 21, 2019, at Maka`eo Pavilion, located at the Old Kona Airport, 75-5560 Kuakini Highway, Kailua-Kona, Hawai`i. h. Application No. SP -19-37, Kona Dance & Performing Arts, Inc., dba Kona Dance & Performing Arts, Inc., for a Special Beer and Wine liquor license on September 27, 2019, at Lanihau Shopping Center, located at 75-5595 Palani Road, Kailua-Kona, Hawaii. J. Application No. SP -19-38, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on September 21, 2019, at Palace Theater (Lobby and Auditorium), located at 38 Haili Street, Hilo, Hawaii. Application No. SP -19-39, Hilo Meishoin, dba Hilo Meishoin, for a Special General liquor license on October 12, 2019, in the social hall, located at 97 Olona Street, Hilo, Hawaii. k. Application No. SP -19-40, Rotary Club of Hilo Bay, dba Rotary Club of Hilo Bay, for a Special Beer and Wine liquor license on October 4, 2019, at Sangha Hall, located at 424 Kilauea Avenue, Hilo, Hawaii. Application No. SP -19-41, The Food Basket Inc., dba Hawaii Island's Food Bank, for a Special Beer and Wine liquor license on September 26, 2019, at Hilo Hawaiian Hotel, located at 71 Banyan Drive, Hilo, 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? OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 35 There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 13, Transient Vessel Licenses Issued for Ratification. If I could please get a motion for ratification of Transient Vessel License, Application Nos. TV -19-13 to TV -19-32, Item Nos. 13(a) to 13(t). Greenwell: I make that motion. Salave`a: Second. Mr. Greenwell moved to ratify the following Transient Vessel Licenses: 13. Transient Vessel Licenses issued for ratification a. Application No. TV -19-13, Holland America Line N.V., dba ms Amsterdam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on November 6, 2019. b. Application No. TV -19-14, Holland America Line N.V., dba ms Amsterdam, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on November 7, 2019. c. Application No. TV -19-15, Holland America Line N.V., dba ms Eurodam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on October 5, 2019. d. Application No. TV -19-16, Holland America Line N.V., dba ms Noordam, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on October 22, 2019. e. Application No. TV -19-17, Holland America Line N.V., dba ms Oosterdam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on October 30, and November 16, 2019. f. Application No. TV -19-18, Holland America Line N.V., dba ms Oosterdam, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on October 29, and November 15, 2019. g. Application No. TV -19-19, Princess Cruise Lines, Ltd., dba Golden Princess, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on October 3, 2019. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 36 h. Application No. TV -19-20, Princess Cruise Lines, Ltd., dba Grand Princess, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on November 8, 23, and December 11, 2019. i. Application No. TV -19-21, Princess Cruise Lines, Ltd., dba Sea Princess, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on September 13, 2019. Application No. TV -19-22, Princess Cruise Lines, Ltd., dba Sea Princess, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on September 14, 2019. k. Application No. TV -19-23, Princess Cruise Lines, Ltd., dba Star Princess, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on October 16, November 9 and 24, and December 9 and 27, 2019. I. Application No. TV -19-24, Intercruises as agents for Royal Caribbean Cruise Lines, dba Celebrity Eclipse, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on September 28-29, October 6-7, and November 1, 2019. m. Application No. TV -19-25, Intercruises as agents for Royal Caribbean Cruise Lines, dba Celebrity Eclipse, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua- Kona, Hawaii on September 30, October 5, and November 2, 2019. n. Application No. TV -19-26, Intercruises as agents for Royal Caribbean Cruise Lines, dba Radiance of the Seas, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on September 18, 2019. o. Application No. TV -19-27, Intercruises as agents for Royal Caribbean Cruise Lines, dba Radiance of the Seas, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua- Kona, Hawaii on September 19, 2019. p. Application No. TV -19-28, Intercruises as agents for Royal Caribbean Cruise Lines, dba Celebrity Solstice, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawai'i on September 19, 2019. q. Application No. TV -19-29, Intercruises as agents for Royal Caribbean Cruise Lines, dba Celebrity Solstice, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua- Kona, Hawaii on September 20, 2019. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 37 r. Application No. TV -19-30, Intercruises as agents for Royal Caribbean Cruise Lines, dba Ovation of the Seas, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua- Kona, Hawaii on September 29, 2019. s. Application No. TV -19-31, NCL (Bahamas) Ltd., dba Norwegian Jewel, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on October 28, and November 3, 2019; March 30, April 8 and 26, and May 2, 2020. t. Application No. TV -19-32, NCL (Bahamas) Ltd., dba Norwegian Jewel, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on October 27, 2019; March 31, April 7, and May 5, 2020. 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. IX. Announcements (10:40 A.M.) Nahale-a: Next meetings of Liquor Commission will be: November 7, 2019, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. December 5, 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. Nahale-a: Any other Department announcements? Greenwell: Yes. Director, can you fill those in that didn't go with us to Oahu as to whether it was a good conference, poor conference, a good time or a bad time? OCTOBER 3, 2019 — LIQUOR COMMISSION MINUTES 38 Takase: Sorry some of you missed out. Nahale-a: Well, that last (topic) was a good opportunity to think about our "automatic thoughts" and to reframe our...one of the topics, the last one, was "Conflict is Good." Takase: I thought they were a little Tight on subjects, but they had very good presentations. On Sunday, the Maui Director asked me if we could handle the conference next year. I said we could do it, but by Wednesday, he said they're going to do it. Other than that, it was at the Prince, very nice venue. Greenwell: I thought the presentation by Chris Zane about the different aspects of DUI on the steps that you go through after you get released from the Police Department was interesting. Nahale-a: I'm going to put a pause on you. Could we adjourn and then discuss? Salave`a: Motion to adjourn. Greenwell: Second. Mr. Salave`a moved to adjourn; 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." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. We are adjourned. The motion was carried unanimously. Meeting adjourned at 10:55 A.M. d Takase to r The October 3, 2019, meeting minutes were approved as circulated via email/mail on October 31, 2019, by the Liquor Commission of the County of Hawaii on November 7, 2019. OCTOBER 3, 2019 - LIQUOR COMMISSION MINUTES 39