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HomeMy WebLinkAbout2019-11-07 Liquor Commission Minutes COUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — NOVEMBER 7, 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 10:01 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: Shelby Nahale-a, Chair David Greenwell, Vice Chair Warren Arakaki, Commissioner Michael Hughes, Commissioner Ronald Ibarra, Commissioner Allen Salave'a, Commissioner Paula Thomas, Commissioner Absent and Excused: Claude Onizuka, Commissioner Dawn Raymond, Commissioner Gerald Takase, Director Others Present: Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Dorsi Lim, Secretary to the Board & Commission Nahale-a: Good morning, I'd like to call this meeting of the Hawaii County Liquor Commission to order. If you could please put your cell phones on vibrate or silent. Just some housekeeping; we are recording the meeting through the microphones but they do not amplify your voice. They just capture your voice for our recording for the minutes. If we could go around the room and introduce ourselves, starting with Dorsi? Lim: Dorsi Lim, Secretary. Salave`a: Allen Salave`a, District 6 Commissioner. Arakaki: Warren Arakaki, Commissioner. Hughes: Mike Hughes, Commissioner. Masuda: Craig Masuda, Commission Counsel. Nahale-a: Shelby Nahale-a, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Ibarra: Ron Ibarra, Commissioner. Thomas: Paula Thomas, Commissioner. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. Waltjen: Good morning, Stacie Waltjen, Licensing Officer. Nahale-a: Thank you. II. Approval of Minutes (10:02 A.M.) Nahale-a: The October 3, 2019, minutes were circulated via email/mail on October 31, 2019. Can I get a motion to approve? Greenwell: I make the motion to approve the minutes for September 5, 2019. Hughes: I second that. Mr. Greenwell moved to approve the September 5, 2019, minutes as circulated; 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." Greenwell: Excuse me, the date was wrong. It should've been October 3rd; I said September 5th. Nahale-a: The motion is to approve the October 3, 2019, minutes? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 2 Greenwell: Correct. Nahale-a: Mahalo. 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. 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 were no public statements. V. Public Hearings Nahale-a: APPLICATION NO.: 19-03 (10:02 A.M.) APPLICANT: Mauna Kea Resort LLC TRADE NAME: Plumeria Market PLACE OF BUSINESS: 62-100 Kauna`oa Drive, Kamuela, Hawaii TMK: 6-6-002:037 LICENSE APPLIED FOR: Original Retail General liquor license Nahale-a: Is there a representative from Plumeria Market? Gonzalez: Madam Chair, at this time we ask that this matter be passed until later in today's hearing because there is no representative for this applicant yet. Nahale-a: Okay, thank you. But they're attending? Gonzalez: We do expect either the Manager or the Director of Golf to attend. Stacie will try to contact them now. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 3 Nahale-a: Okay, thank you. We will move on to No. 2. APPLICATION NO.: 19-04 (10:04 A.M.) APPLICANT: Coco Cantina Puna Kai LLC TRADE NAME: Coco Cantina PLACE OF BUSINESS: 15-2714 Pahoa Village Road, Suite I-3, Pahoa, Hawaii TMK: 1-5-007:069 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Gregory Arcibal, Owner, was present. Nahale-a: Are the representatives here? Please come forward. Good morning. Arcibal: Good morning. Nahale-a: Could you identify yourself and relationship to the business, please? Arcibal: I'm Greg Arcibal. I'm the owner of Coco Cantina in Pahoa. Nahale-a: Thank you, are there any changes to your report submitted? Arcibal: No. Nahale-a: Okay, could you briefly describe the business for us, please? Arcibal: Yes, it's a Mexican restaurant serving brunch and lunch also. Nahale-a: Thank you. Mr. Director, any reports of protests? Gonzalez: Madam Chair, this is an application for an original license. The applicant mailed 4 out of 4 notices within 100 feet, 11 out of 11 notices within 500 feet and zero notices to condominium or cooperative property owners. There were 10 properties entitled to protest and we did not receive protests to this application. Nahale-a: Thank you. Any public testimony regarding this application? There was no public testimony. Nahale-a: Seeing none, Commissioners, questions of the applicant? There were no questions from the Commissioners. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 4 Greenwell: I make the motion to close the public hearing. Salave`a: Second. Mr. Greenwell moved to close the public hearing; seconded by Mr. Salave`a. Nahale-a: Moved and seconded to close the 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: I make the motion to approve Application No. 19-04, pending final inspection. Thomas: Second. Mr. Greenwell moved to approve Application No. 19-04, 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; pending final inspection; seconded by Ms. Thomas. Nahale-a: Moved and seconded to approve the application. 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? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 5 There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. The motion was carried unanimously. Thomas: Thank you. Nahale-a: APPLICATION NO.: T19-07 (10:06 A.M.) APPLICANT: Big Island Alehouse, LLC TRADE NAME: Laverne's Sports Bar PLACE OF BUSINESS: 75-5819 Ali`i Drive, Kailua-Kona, Hawaii TMK: 7-5-009:025; 027 LICENSE APPLIED FOR: 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 Gonzalez: Thank you, Madam Chair, the applicant has requested that this matter be continued to the December 5, 2019, meeting in Kona, so that they can finalize matters with the Hawaii County Fire Department and the Department of Public Works, Building Division. The Department of Liquor Control has no objections to the applicant's request for continuance. Nahale-a: Thank you, any public testimony for this application? There was no public testimony. Nahale-a: Commissioners, any questions of the Department? There were no questions from the Commissioners. Nahale-a: Okay. Can I get a motion to continue? Greenwell: I make the motion to continue Application No. T19-07 until December 5, 2019, in Kona. Salave`a: Second. Mr. Greenwell moved to approve the request to continue Application No. T19-07, submitted by Big Island Alehouse, LLC, dba Laverne's Sports Bar, to December 5, 2019, in Kona; seconded by Mr. Salave`a. Nahale-a: Moved and seconded, any discussion on this motion? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 6 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: Let's go back to No. 1 to close out public hearings. APPLICATION NO.: 19-03 (10:06 A.M.) APPLICANT: Mauna Kea Resort LLC TRADE NAME: Plumeria Market PLACE OF BUSINESS: 62-100 Kauna`oa Drive, Kamuela, Hawaii TMK: 6-6-002:037 LICENSE APPLIED FOR: Original Retail General liquor license Thomas Cross, Manager, was present. Nahale-a: Good morning. Cross: Good morning, I'm sorry I was late. Nahale-a: Could you identify yourself and relationship to the business, please? Cross: My name is Thomas Cross. I'm the Hotel Manager at the Westin Hapuna Beach Resort. Nahale-a: Thank you, are there any change to your report? Cross: No. Nahale-a: Could you briefly describe the business for us? Cross: This is going to be a sundry store that will sell only liquors, beer and wine and hard liquors. Nahale-a: Thank you, is there any public testimony for this application? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 7 There was no public testimony. Nahale-a: Commissioners, questions of the applicant? There were no questions from the Commissioners. Greenwell: I make the motion to close the public hearing. Gonzalez: Madam Chair, if I may, and pardon me, Vice Chair, I'd just like to put it on the record that this is an application for an original (Retail General liquor) license. The applicant mailed 1 out of 1 notices within 100 feet... Nahale-a:...My apologies. Gonzalez:...75 out of 75 notices within 500 feet, and 1 notice to a condominium or cooperative property owner. There were 75 properties entitled to protest and we did not receive protest to this application. Nahale-a: Thank you very much. My apologies for forgetting that part. We have a motion for closing public hearing. Greenwell: I made the motion to close the public hearing, can we have a second? Nahale-a: Yes. Hughes: I'll second that. Nahale-a: Okay. Mr. Greenwell moved to close the public hearing; seconded by Mr. Hughes. Nahale-a: Thank you. Moved and seconded, any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor to close public hearing say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed? There was no opposition by the Commissioners. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 8 Nahale-a: Motion carries. The motion was carried unanimously. Greenwell: I make the motion to approve Application No. 19-03, pending final inspection. Cross: Thank you very much. Ibarra: Second. 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. The motion was carried unanimously. Nahale-a: We have one more for you. Greenwell: I make the motion to ratify the issuance of the temporary license T-RG-934, effective September 17, 2019. Salave`a: Second Mr. Greenwell moved to ratify the issuance of temporary license T-RG-934, effective September 17, 2019; seconded by Mr. Salave`a. Nahale-a: Moved and seconded to ratify issuance of temporary license. 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? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 9 There was no opposition by the Commissioners. Nahale-a: Motion carries. Okay, now we're done, thank you. The motion was carried unanimously. Cross: Thank you. VI. Preliminary Hearings Nahale-a: APPLICATION NO.: 19-10 (10:10 A.M.) APPLICANT: Papa Kona Coffee & Events LLC TRADE NAME: Papa Kona Coffee & Events (Restaurant) PLACE OF BUSINESS: 75-5770 Ali`i Drive, Kailua-Kona, Hawaii TMK: 7-5-008:009 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B2 and Consolidation of Caterer's liquor license with Restaurant General liquor license, Category B2 Joseph Fagundes, Esq., representing the applicant; Derek Proudian, Member/Manager; and Anna White, CFO, were present. Nahale-a: Good morning. Fagundes: Good morning, Madam Chair. Nahale-a: Could you identify yourself and relationship to the business, please? Fagundes: Good morning, Madam Chair and Commissioners. I'm Joseph Fagundes representing Papa Kona Restaurant. Also present with me at the table is Mr. Derek Proudian, the Member/Manager for Papa Kona, and Anna White who is the CFO for Papa Kona. Nahale-a: Thank you, are there any changes to the report? Fagundes: No, no changes, thank you. Nahale-a: Could you please describe the business for us? Fagundes: The business is simply a restaurant, an oceanfront restaurant on Ali`i Drive that was formerly occupied by the Daylight Mind restaurant which went out of business. We're on a temporary license now, having assumed the lease within 45 days of the previous Licensee terminating. We're here for a preliminary hearing on an application for a new 2 (Class 2) license. We ask that we continue the restaurant fare and alcohol service as well as to continue the events. We do a lot of weddings and various special NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 10 events for which we received a catering license from this Commission. We intend to continue and consolidate that catering license into a permanent B2 license. Nahale-a: Thank you. Is there any public testimony for this application? There was no public testimony. Nahale-a: No? Thomas: I have a question. Do you do your catering on premises or is it elsewhere? Fagundes: On premises primarily. We are open to doing off-site catering at some point in time. It's a two-story restaurant and presently the upstairs is being used for catering. Thomas: Okay. Proudian: When we do some off-site, about ten percent of this is for off-site consumption. Nahale-a: Any other questions from Commissioners? Greenwell: Maybe I misunderstood you; you have a lease in place now? Fagundes: On the premises? Greenwell: On the premises, you have a lease in place now? Fagundes: Yes. The building is owned by Watumull Properties in Honolulu and we have a lease that is a four-year...we were assigned the lease from the previous tenant and we have less than four years left on the existing lease and a ten-year option. Greenwell: Okay. Nahale-a: Any other questions? There were no other questions from the Commissioners. Greenwell: I make the motion to approve Application No. 19-10, public hearing to be held January 2, 2020, here in Hilo. Ibarra: Second. Mr. Greenwell moved to approve Application No. 19-10, Papa Kona Coffee & Events LLC, dba Papa Kona Coffee & Events (Restaurant), for an original Restaurant General liquor license, Category B2, NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 11 and consolidation of the Caterer liquor license with Restaurant General liquor license, Category B2, located at 75-5770 Alii Drive, Kailua-Kona, Hawaii, if approved, public hearing to be held on January 2, 2020, in Hilo, Hawaii; seconded by Mr. Ibarra. Nahale-a: Moved and seconded to approve the application. 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. Thomas: I move to ratify the issuance of the temporary license T-REST-G-936, effective October 15, 2019. Nahale-a: Is there a second? Ibarra: Second. Ms. Thomas moved to ratify the issuance of the temporary license T-REST-G-936, effective October 15, 2019; seconded by Mr. Ibarra. Nahale-a: Moved and seconded to ratify issuance of temporary license. 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. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 12 The motion was carried unanimously. Nahale-a: (10:14 A.M.) At this time I'd like to take New Business Item No. 13 out of order since it is related to the same Licensee and they are present here. Commissioners, if you could flip forward to New Business No. 13. 13. Daylight Mind, Inc., dba Daylight Mind Coffee Company, approval to transfer liquor inventory to Papa Kona Coffee & Events LLC, dba Papa Kona Coffee & Events (Restaurant), to its pending Restaurant General liquor license, Category B2, located at Waterfront Row, 75-5770 Ali`i Drive, Restaurant 1, Kailua-Kona, Hawaii. Nahale-a: This has been approved by the Director and they are asking the Commissioner to ratify the approval. Ibarra: I so move. Greenwell: Second. Mr. Ibarra moved to ratify the approval of the transfer of liquor Inventory from Daylight Mind, Inc., dba Daylight Mind Coffee Company, to Papa Kona Coffee & Events LLC, dba Papa Kona Coffee & Events (Restaurant), to its pending Restaurant General liquor license, Category B2, located at Waterfront Row, 75-5770 Alii Drive, Restaurant 1, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. 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. Fagundes: Thank you very much. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 13 Thomas: Good luck. Nahale-a: Returning to Preliminary Hearings No. 2. APPLICATION NO.: T19-11 (10:15 A.M.) APPLICANT: Blue Wilderness General Store Inc. TRADE NAME: Blue Wilderness General Store Inc. PLACE OF BUSINESS: 69-1649 Puako Beach Drive, Kamuela, Hawaii TMK: 6-9-003:022 LICENSE APPLIED FOR: Sale and Transfer of Retail General liquor license currently held by TPGS, Corp., dba Puako General Store David Rafalovich, President; and Denise Vidosh, Secretary/Treasurer, were present. Nahale-a: Good morning. Rafalovich: Good morning. Nahale-a: Could you please identify yourself and your relationship to the business? Rafalovich: I'm David Rafalovich, President. Vidosh: I'm Denise Vidosh, Secretary/Treasurer. Nahale-a: Thank you. Are there any changes to the report submitted? Rafalovich: Not at the moment. Nahale-a: Okay. Commissioners, just to let you know, you have the add-on to your meeting minutes the Personal History and Affidavit for Denise Vidosh. Rafalovich: That came in after. Nahale-a: Yes. So you can add that to your packet. Could you briefly describe the business for us? Rafalovich: We'll be operating as a general store with a limited commercial kitchen serving some hot food and sandwiches. Nahale-a: Thank you. Any public testimony for this application? There was no public testimony. Nahale-a: Commissioners, questions? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 14 There were no questions from the Commissioners. Greenwell: I'll make the motion to approve Application No. T19-11, hearing to be held December 5, 2019, in Kona. Hughes: I'll second that. Mr. Greenwell moved to approve Application No. T19-11, Blue Wilderness General Store Inc., dba Blue Wilderness General Store Inc., for the Sale and Transfer of Retail General liquor license currently held by TPGS, Corp., dba Puako General Store, located at 69-1649 Puako Beach Drive, Kamuela, Hawaii, TMK: 6-9-003:022; if approved, public hearing to be held on December 5, 2019, in Kona, Hawaii; seconded by Mr. Hughes. Nahale-a: Motion is to approve Application No. T19-11, and if approved, public hearing will be held December 5, 2019, in Kona. 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. Thank you very much. The motion was carried unanimously. Nahale-a: And we have one more for you. Is there a motion to ratify issuance of temporary license T-RG-049, effective November 1, 2019? Ibarra: I so move. Greenwell: I'll second that motion. Mr. Ibarra moved to ratify the issuance of temporary license T-RG-049, effective November 1, 2019; seconded by Mr. Greenwell. Nahale-a: Moved and seconded to ratify issuance of temporary license. Any discussion? There was no discussion from the Commissioners. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 15 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. Rafalovich: Thank you. Vidosh: Thank you. Nahale-a: APPLICATION NO.: 19-12 (10:20 A.M.) APPLICANT: Big Island Booch Inc. TRADE NAME: Conscious Culture Cafe PLACE OF BUSINESS: 110 Keawe Street, Hilo, Hawaii TMK: 2-3-005:008 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Brendan Roberts, CEO, was present. Nahale-a: Good morning. Roberts: Good morning. Nahale-a: Could you identify yourself and your relationship to the business please? Roberts: I'm Brendan Roberts and I'm the CEO, Big Island Booch Inc., dba Conscious Culture Cafe. Nahale-a: Thank you. Are there any changes to the report? Roberts: No. Nahale-a: Could you briefly describe the business for us? Roberts: We've been open for five years as a farm to table café serving breakfast, lunch, dinner, salads, sandwiches and that kind of thing. We just want to have beer and wine to our menu and operations. Nahale-a: Thank you. Any public testimony for this application? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 16 There was no public testimony. Nahale-a: Commissioners, questions of the applicant? Thomas: What kind of liquor? Just anything, or do you have a specific thing? Roberts: Actually, we'll probably start with just beer and wine and then we'll add...we're not really sure yet. Thomas: I see. Nahale-a: Any other questions? There were no other questions from the Commissioners. Nahale-a: Can I get a motion? Greenwell: I make the motion to approve Application No. 19-12, public hearing to be held January 2, 2020, in Hilo. Salave`a: Second. Mr. Greenwell moved to approve Application No. 19-12, Big Island Booch Inc., dba Conscious Culture Cafe, for an original Restaurant General liquor license, Category B1, located at 110 Keawe Street, Hilo, Hawai`i, TMK: 2-3-005:008, if approved, public hearing to be held on January 2, 2020, in Hilo, Hawaii; seconded by Mr. Salave`a. 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. Roberts: Thank you. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 17 Nahale-a: APPLICATION NO.: 19-13 (10:22 A.M.) APPLICANT: The View Restaurant Bar & Grill Corp. TRADE NAME: The View Restaurant Bar& Grill PLACE OF BUSINESS: 78-7000 Alii Drive, Kailua-Kona, Hawaii TMKs: 7-8-010:003, 034 and 036 LICENSE APPLIED FOR: Original Dispenser General liquor license, Category B1 Gonzalez: Madam Chair, Brandon Gonzalez for the Department of Liquor Control. The applicant has requested to postpone this preliminary hearing to December 5, 2019, in Kona. The Department has no objections to this request. Nahale-a: Thank you. Any reason given? Gonzalez: They prefer to have the meeting on the west side, just so they don't have to commute. Nahale-a: Okay, any public testimony for this application? There was no public testimony. Nahale-a: Commissioners, any questions for the Department? There were no questions from the Commissioners. Nahale-a: Can I get a motion to continue Application No. 19-13 to December 5th? Thomas: I so move. Nahale-a: If approved, preliminary hearing will be on December 5th in Kona. Salave`a: Second. Ms. Thomas moved to continue Application No. 19-13 to December 5, 2019, if approved, preliminary hearing to be held in Kona; seconded by Mr. Salave`a. Nahale-a: Mahalo, 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? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 18 There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: Can I get a motion to ratify issuance of temporary license T-DG-935, effective October 1, 2019, for this same applicant? Greenwell: I make that motion. Salave`a: Second. Mr. Greenwell moved to ratify the issuance of temporary license T-DG-935, effective October 1, 2019; seconded by Mr. Salave`a. Nahale-a: Moved and seconded to ratify issuance of temporary license. 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. Gonzalez: Madam Chair, just to add, they are a small operation at this time with limited help. For them to commute, they lose a whole day. That's why they requested to have the hearing on the west side, to minimize disruption to the operations. Nahale-a: Thank you. That makes sense. APPLICATION NO.: 19-14 (10:25 A.M.) APPLICANT: Big Hitter Enterprises, LLC TRADE NAME: Willie's Hot Chicken PLACE OF BUSINESS: 74-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawai`i TMK: 7-4-010:018 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 19 Robert Wilson, Owner, was present. Nahale-a: Good morning. Wilson: Good morning. Nahale-a: Could you identify yourself and relationship to the business please? Wilson: Yes, I'm Robert Wilson. I'm the owner of Willie's Hot Chicken. Nahale-a: Thank you. Are there any changes to your report? Wilson: None. Nahale-a: Could you briefly describe the business for us? Wilson: Yeah, we're going to be specializing in Nashville Hot Chicken and we're going to be located in the Brewery Block with another couple, few restaurants in that area. That's what we'd be bringing to the table. Nahale-a: Nice. Is there any public testimony for this application? There was no public testimony. Nahale-a: Commissioners, questions for the applicant? Arakaki: I have one. Could you explain what Nashville Hot Chicken is? Wilson: I'm happy to. Short version, it did start with the name in Nashville down here for twelve years now, originally from the South, in that area. Basically, it is a way of...it's fried chicken. It's also a seasoned chicken. We have several different levels of spices. We have Southern Fried which consists of no spice, all the way up to, consider it very carefully to go to that point. We have the whole spectrum there of hot chicken. We have nice southern side mac and cheese, potato mac salad, fried okra, that type of stuff. Arakaki: Is it wings or...? Wilson: No, we're going to be doing...so we have sandwiches and we also have large jumbo tenders. We are entertaining the idea of doing wings, possible during football season, Saturdays and Sundays, that kind of stuff. Nashville Hot Chicken, conventionally, is large jumbo size tenders and sandwiches. We're also going to be doing quarter bird and half bird, so you can come in and also loaded options. That will also be your choice of spice. Arakaki: And this would be like a sports bar/restaurant? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 20 Wilson: We're not classifying ourselves as a sports bar. We want to focus on our Nashville Hot Chicken; that's what we want to bring to the table. But, we will have TVs and on Saturdays and Sundays we will be...we will have a sports game on TV. Nahale-a: That would go well with beer. Wilson: It does go really well with beer. It would pair very nicely. Thomas: Another question, so the seating capacity...we have your blueprints but not an indication of where tables and stuff...can you eat in-house? What's the seating capacity? Wilson: Yes, right now we're seating at eighty-nine. We also have a small lanai. Thomas: Yes, I saw that. Okay, thank you. All right. Nahale-a: One more question, Allen? Salave'a: Just to confirm, the restrooms are in an adjacent structure? Wilson: Yes, within approximately twelve feet from our main front door where you come in and out, there are two separate bathrooms, really large bathrooms. They are right there and the other restaurants that are around us have their own, so they are going to be used for Willie's Hot Chicken. They will be used, we are a communal area for that whole development there that are allowed to use them, but primarily they will be used by us. Might be ten feet, but it's really close. Salave`a: Okay, thank you. Nahale-a: Any other questions? There were no other questions from the Commissioners. Greenwell: I make the motion to approve Application No. 19-14, public hearing to be held January 2, 2020, here in Hilo. Arakaki: Second. Mr. Greenwell moved to approve Application No. 19-14, Big Hitter Enterprises, LLC, dba Willie's Hot Chicken, for an original Restaurant General liquor license, Category B1, located at 74-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawaii; TMK: 7-4-010:018, if approved, public hearing to be held on January 2, 2020, in Hilo, Hawaii; seconded by Mr. Arakaki. Nahale-a: Moved and seconded to approve. Any discussion? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 21 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, good luck. The motion was carried unanimously. Wilson: Thank you, appreciate it. Thomas: Thank you. Greenwell: Good luck. Nahale-a: APPLICATION NO.: 19-15 (10:29 A.M.) APPLICANT: Kona Brewery LLC TRADE NAME: Kona Brewing Co. PLACE OF BUSINESS: 74-5588 Pawai Place, Kailua-Kona, Hawaii TMK: 7-4-010:004 LICENSE APPLIED FOR: Original Manufacturer Beer and Wine liquor license Jennifer Baricaua, Paralegal to Terrence Lee, Esq., was present. Nahale-a: Good morning. Baricaua: Good morning. Nahale-a: Could you please identify yourself and relationship to the business? Baricaua: Yes, I am Jennifer Baricaua. I am Paralegal to Attorney Terrence Lee who is out of town today. Our client is unable to attend. Nahale-a: Thank you. Are there any changes to the report? Baricaua: Not a change, I guess more of a clarification to the hours of operation...hours are 6:00 (A.M.) to 8:00 (P.M.), when brewing will begin; but tasting itself is from 9:00 (A.M.). Nahale-a: Thank you. Could you describe the business for us? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 22 Baricaua: The applicant is going in for their second location and it's a brewery that's going to produce a larger volume than their current location. Again, they're applying for a manufacturer's license for beer and wine, but at this time they're not planning to produce wine, but they've got a lot (planned for) the building in the future. Nahale-a: Thank you. Any public testimony on this application? There was no public testimony. Nahale-a: Questions from Commissioners? Hughes: When is this expected to be open? Baricaua: They are hoping to...construction is slated to be completed at the end of the year. They're hoping to start brewing in January (2020). Hughes: Okay. That's pretty quick. Baricaua: In the existing location actually, they're thinking of downsizing their production and moving the bigger tanks from the original location to the new brewery, and production in the existing location will have a smaller volume for more innovative type beers. They still plan to keep that license. Hughes: I have another question. Are all the Kona brews brewed here in Hawaii? Baricaua: As far as I know. Nahale-a: Any other questions? There were no other questions from the Commissioners. Nahale-a: Motion to approve or deny this application? Greenwell: I make the motion to approve Application No. 19-15, public hearing to be held on January 2, 2020, here in Hilo. Hughes: Second. Mr. Greenwell moved to approve Application No. 19-15, Kona Brewery LLC, dba Kona Brewing Co., for an original Manufacturer Beer and Wine liquor license, located at 74-5588 Pawai Place, Kailua-Kona, Hawaii, TMK: 7-4-010:004, if approved, public hearing to be held on January 2, 2020, in Hilo, Hawaii; seconded by Mr. Hughes. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 23 Nahale-a: Moved and seconded to approve the application with public hearing to be held January 2, 2020, in Hilo. 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. The motion was carried unanimously. Baricaua: Thank you. VII. Unfinished Business Nahale-a: There's no unfinished business for today. VIII. New Business (10:34 A.M.) Greenwell: Brandon, in situations like this, why can't they have their public hearing in Kona on December 5th; because everything is approved already, right? Gonzalez: That is a good question. Depending on the type of license being requested for, especially in the matters of an original license or first time being issued, State law requires at least sixty days' notice. That's why it's two meetings out instead of one meeting out. Greenwell: Thank you. Gonzalez: So the meeting that was continued for The View at the request of the applicant, they do give up something. Some Licensees need approvals within a certain time frame according to their business model. The tradeoff for The View asking for the continuance is that all their hearings get pushed back and their approvals get pushed back. But because they were not an original license, it was more of a stepping into...well it is actually an original; but they were able to get a temporary license because our rules allow it, so it didn't disrupt their operations. That's another distinction. Thomas: What about the fact that the whole business enterprises that are on the Kona side, but all the hearings are here, does that in any way inconvenience those people? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 24 Thomas: Does that inhibit people from coming over if they're having any protest, just because of the drive and the time? Gonzalez: The people are entitled to submit protests in a number of ways; they can show up to the hearing, in person, they are also able to email or submit written protests. We give the public opportunity to give input on that application. Greenwell: So, in the case of The View, being that they've been moved to the fifth of December, they're going to wait until the February meeting, right? Gonzalez: Yes. That's why not a lot of people ask to move the meeting from one side to another. There are a lot of factors that lead to the approvals. Greenwell: Yes, I understand that. Nahale-a: Mahalo for clarifications. Moving on to New Business. 1. Kona Surf Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay, ratification of Application for Game Permit for card games on September 28, 2019, approved by Administrative Officer Brandon Gonzalez on September 24, 2019, to its Hotel liquor license, located at 78-128 'Ehukai Street, Kailua-Kona, Hawaii. Greenwell: Move to ratify. Ibarra: I have a question. This says 'card games' right, poker, black jack, Texas Hold 'em, craps with dice, no alcohol in the room and no prizes or fees. If nothing is exchanged, do they really have to come to the Commission for approval? It just seems to me, as presented, regular card games without any exchange of prizes or anything. Gonzalez: Yes, our rules require the Licensees, if ever they're going to have events with games simulating gambling or commonly associated with gambling, to get a permit. Ibarra: Even with...so if somebody wants to have a poker room where you just come in and play cards, nothing is exchanged...they need approval? Gonzalez: Yes, if it's a licensed premises. Ibarra: Thank you. Nahale-a: Motion has been made. Is there a second? Ibarra: I second. Mr. Greenwell moved to ratify the Application for Game Permit for card games on September 28, 2019, submitted by Kona Surf NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 25 Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay, approved by Administrative Officer Brandon Gonzalez on September 24, 2019, to its Hotel liquor license, located at 78-128 `Ehukai Street, Kailua-Kona, Hawaii; seconded by Mr. Ibarra. 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. 2, BGEC Holdings, LLC, dba Paradise Brewing Company Tap and Grill. 2. BGEC Holdings, LLC, dba Paradise Brewing Company Tap and Grill, ratification of Application for Temporary Increase in Licensed Premises to the front of the main entrance including the front of the main entrance for the neighboring premises on October 12, 2019, approved by Director Gerald Takase on September 26, 2019, to its Restaurant General liquor license, Category B2, located at The Kona Square Shopping Center, 75-5669 Ali'i Drive, No. 200, Kailua-Kona, Hawaii. Salave`a: Move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises to the front of the main entrance including the front of the main entrance for the neighboring premises on October 12, 2019, submitted by BGEC Holdings, LLC, dba Paradise Brewing Company Tap and Grill, approved by Director Gerald Takase on September 26, 2019, to its Restaurant General liquor license, Category B2, located at The Kona Square Shopping Center, NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 26 75-5669 Alii Drive, No. 200, Kailua-Kona, Hawaii; seconded by Mr. Arakaki. 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. 3. Olu Kai, Ltd, dba Huggo's, ratification of request to temporarily extend hours of operation on October 13, 2019, for the Ironman After Party, to allow for last call to be at 1:30 A.M. and to close by 2:00 A.M., to its Restaurant General liquor license, Category B2, located at 75-5828 Kahakai Road, Kailua-Kona, Hawaii. Salave`a: Move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify the request to temporarily extend hours of operation on October 13, 2019, for the Ironman After Party, to allow for last call to be at 1:30 A.M. and to close by 2:00 A.M. submitted by Olu Kai, Ltd, dba Huggo's, to its Restaurant General liquor license, Category B2, located at 75-5828 Kahakai Road, Kailua-Kona, Hawaii.; seconded by Mr. Arakaki. Nahale-a: Moved and seconded, any discussion? Gonzalez: Madam Chair, this matter was approved by the Director on October 9, 2019, just for your information. Nahale-a: Thank you. All those in favor say, "Aye." NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 27 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, Par Hawaii, LLC, dba NOMNOM (Kamehameha), dba NOMNOM (Kaloko), dba NOMNOM (Kealakekua), dba NOMNOM (Kilauea). 4. Par Hawaii, LLC, dba NOMNOM (Kamehameha), dba NOMNOM (Kaloko), dba NOMNOM (Kealakekua), dba NOMNOM (Kilauea), acceptance of notice of addition of Yosef Israel and Jimmy Ray Yates, as Managers, and the Personal History and Affidavits of Yosef Israel and Jimmy Ray Yates, Managers, effective August 15, 2019, received on September 30, 2019, to the Retail General liquor licenses located at 434 Kamehameha Avenue, Hilo, Hawaii; and 73-4796 Kanalani Street, Kailua-Kona, Hawaii; and the Retail Beer and Wine liquor licenses located at 81-6673 Mamalahoa Highway, Kealakekua, Hawaii; and 1698 Kilauea Avenue, Hilo, Hawaii, respectively. Salave`a: Move to accept. Greenwell: Second. Mr. Salave`a moved to accept the notice of the addition of Yosef Israel and Jimmy Ray Yates, as Managers, and the Personal History and Affidavits of Yosef Israel and Jimmy Ray Yates, Managers, effective August 15, 2019, submitted by Par Hawaii, LLC, dba NOMNOM (Kamehameha), dba NOMNOM (Kaloko), dba NOMNOM (Kealakekua), dba NOMNOM (Kilauea), and received on September 30, 2019, to the Retail General liquor licenses located at 434 Kamehameha Avenue, Hilo, Hawaii; and 73-4796 Kanalani Street, Kailua-Kona, Hawaii; and the Retail Beer and Wine liquor licenses located at 81-6673 Mamalahoa Highway, Kealakekua, Hawaii; and 1698 Kilauea Avenue, Hilo, Hawai`i, respectively; 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." NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 28 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, The North West Company (International) Inc., dba Cost-U-Less. 5. The North West Company (International) Inc., dba Cost-U-Less, acceptance of notice of change of officers and directors as follows: • Removal of Rex Wilhelm, Vice-Chairman and Director; and Walter Pickett, Vice-President and Director • Addition of Daniel McConnell, as Director, CEO; and Matthew Johnson, as Director, Vice President • Personal History and Affidavits for Matthew Johnson and Daniel McConnell effective August 19, 2019, and August 20, 2019, respectively, received on September 30, 2019, to its Retail General liquor license, located at 715 Kino`ole Street, Hilo, Hawaii. Salave`a: Move to accept. Thomas: The removal of the Vice-Chairman and Director and replaced with the Vice-President? What's the difference? Nahale-a: I'm sorry, what was that again? Thomas: The first item says 'removal of Rex Wilhelm, Vice-Chairman and Director; and Walter Pickett, Vice-President and Director.' Gonzalez: The letter that was submitted dated September 18, 2019, indicates that both Rex Wilhelm who was Vice-Chairman and Director and Walter Pickett, Vice-President and Director were removed. Thomas: Okay. Nahale-a: And they're being replaced with Daniel McConnell as a Director and CEO, and Matthew Johnson as a Director and Vice-President? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 29 Gonzalez: Yes, Madam Chair. Thomas: There's no Chairman, no Vice-Chairman now. Okay. Nahale-a: It's been moved. Is there a second? Arakaki: Second. Mr. Salave`a moved to accept the notice of change of officers and directors with the removal of Rex Wilhelm, Vice-Chairman and Director, and Walter Pickett, Vice-President and Director; the addition of Daniel McConnell as Director, CEO, and Matthew Johnson as Director, Vice-President; and the Personal History and Affidavit for Matthew Johnson and Daniel McConnell, effective August 19, 2019, and August 20, 2019, respectively, submitted by The North West Company (International) Inc., dba Cost-U-Less, to its Retail General liquor license, located at 715 Kino`ole Street, Hilo, Hawaii; seconded by Mr. Arakaki. 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. 6, Patricia Ravarra. 6. Patricia Ravarra, ratification of Application for Individual Importation of Liquor Permit for 9 liters of sparkling wines and 15.75 liters varietal wines to be delivered to 45-5050 Nanaina Kai Road, Honoka`a, Hawaii, approved by Director Gerald Takase on October 4, 2019. Greenwell: Motion to ratify. Hughes: Second. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 30 Mr. Greenwell moved to ratify the Application for Individual Importation of Liquor Permit for 9 liters of sparkling wines and 15.75 liters varietal wines to be delivered to 45-5050 Nanaina Kai Road, Honoka'a, Hawaii, submitted by Patricia Ravarra, approved by Director Gerald Takase on October 4, 2019; 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. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 7, Ocled Pacific LLC, dba Bianelli's Gourmet Pizza & Pasta. 7. Ocled Pacific LLC, dba Bianelli's Gourmet Pizza & Pasta, ratification of Application for Temporary Increase in Licensed Premises to the east end of outside lanai on October 11, 2019, approved by Director Gerald Takase on October 7, 2019, to its Restaurant General liquor license, Category B2, located at the Keauhou Shopping Center, 78-6831 Ali`i Drive, Space B106, Kailua-Kona, Hawaii. Salave`a: Move to ratify. Greenwell: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises to the east end of outside lanai on October 11, 2019, submitted by Ocled Pacific LLC, dba Bianelli's Gourmet Pizza & Pasta, approved by Director Gerald Takase on October 7, 2019, to its Restaurant General liquor license, Category B2, located at the Keauhou Shopping Center, 78-6831 Alii Drive, Space B106, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 31 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. 8, Hatch Enterprises Incorporated, dba The Temple. 8. Hatch Enterprises Incorporated, dba The Temple, ratification of Application for Temporary Increase in Licensed Premises to the Kaikodo Ballroom on November 1, 2019, approved by Director Gerald Takase on October 11, 2019, to its Restaurant General liquor license, Category B1, located at 64 Keawe Street, Space 102, Hilo, Hawaii. Salave`a: Move to ratify. Greenwell: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises to the Kaikodo Ballroom on November 1, 2019, submitted by Hatch Enterprises Incorporated, dba The Temple, approved by Director Gerald Takase on October 11, 2019, to its Restaurant General liquor license, Category B1, located at 64 Keawe Street, Space 102, Hilo, 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? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 32 There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 9, Accor Management US Inc., dba Fairmont Orchid, Hawaii (The). 9. Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), ratification of Application for Game Permit on October 24 and 25, 2019, approved by Director Gerald Takase on October 10, 2019, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii. Salave`a: Move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify the Application for Game Permit on October 24 and 25, 2019, submitted by Accor Management US Inc., dba Fairmont Orchid, Hawaii (The), approved by Director Gerald Takase on October 10, 2019, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii; seconded by Mr. Arakaki. 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 10, JTJ Enterprises, Inc., dba Quinn's. 10. JTJ Enterprises, Inc., dba Quinn's, ratification of Application for Temporary Increase in Licensed Premises to the front parking area on October 12, 2019, approved by Director Gerald Takase on NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 33 October 10, 2019, to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawaii. Salave`a: Move to ratify. Hughes: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises to the front parking area on October 12, 2019, submitted by JTJ Enterprises, Inc., dba Quinn's, approved by Director Gerald Takase on October 10, 2019,to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawaii; seconded by Mr. Hughes. Nahale-a: 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. 11, Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United State of America, dba Kona Elks Club. 11. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United State of America, dba Kona Elks Club, ratification of Application for Game Permit for Texas Hold'em dinner on November 18, 2019, approved by Director Gerald Takase on October 15, 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 ratify. Greenwell: Second. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 34 Mr. Salave`a moved to ratify the Application for Game Permit for Texas Hold'em dinner on November 18, 2019, submitted by Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United State of America, dba Kona Elks Club, approved by Director Gerald Takase on October 15, 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." Nahale-a: Any opposed? There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 12, KHI, Inc., dba Waiakeawaena Texaco. 12. KHI, Inc., dba Waiakeawaena Texaco, ratification of Application for Alteration Permit for renovation to interior of existing structure with no repair area, approved by Director Gerald Takase on October 17, 2019, to its Retail Beer and Wine liquor license, located at 2188 Kino`ole Street, Hilo, Hawaii. Salave`a: Move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify the Application for Alteration Permit for renovation to interior of existing structure with no repair area submitted by KHI, Inc., dba Waiakeawaena Texaco, approved by Director Gerald Takase on October 17, 2019, to its Retail Beer and Wine liquor license, located at 2188 Kino`ole Street, Hilo, Hawai`i; seconded by Mr. Arakaki. Nahale-a: Moved and seconded. Question? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 35 Greenwell: Yes, this is another one of those, Gerald's not here but, I still don't understand why we're getting involved in alterations of the building. Gonzalez: I'm not sure if (your packets) have a copy of the alteration permit and the exhibit attached. Our rules require that liquor licensees, if they are altering the footprint of their licensed area or if they have to pull a permit from the Building Division or the Electrical Section or Plumbing Section, must notify our Department. The way they notify our Department is by submitting an Application for Alteration Permit. That's as a general rule. In this case, the Waiakeawaena Texaco, which is located on the corner of Kino`ole and Kawailani, they are getting rid of their two or three repair bays and they're actually going to increase their licensed area. They are going to expand the small convenience retail store that was maybe a third of the building into the repair bays. So, their footprint for their place where they're going to sell alcohol is going to get bigger. We're going to have to update our drawings for the licensed area. In this case, there is even more of a reason for them to notify us. They're going to have to change their area that they sell their alcohol to include those bays. Greenwell: Thank you, Brandon. Gonzalez: Good question. Masuda: This one was hard to (understand). When you say `no repair area,' at first I thought if there's no repair to the area, why do we care? It's 'no repair area' not no repair to the area. Thomas: It's worded a little bit ambiguously. Gonzalez: The only way I knew is by looking at the drawing and using a magnifying glass. Greenwell: Thank you again. Gonzalez: Thank you. Thomas: So, as a clarification then, will they be able to expand the amount of alcohol they sell because of this expanded area, or is that a separate...? Gonzalez: Based on the drawings they submitted, they are increasing their retail space. It looks like they are installing additional refrigeration units and actually more food service areas. It looks like overall, they're going to have larger volume across the board of what they can offer. Thomas: Okay. Nahale-a: Any further discussion? NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 36 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. 13, was already addressed. No. 14, Special Licenses Issued for Ratification. Can I please get a motion for ratification for Special Licenses, Application Nos. SP-19-42 to SP-19-57, Item Nos. 14(a) to 14(p)? Greenwell: I will give you that motion. Nahale-a: Thank you. Salave`a: Second. Mr. Greenwell moved to ratify the following Special Licenses: 14. Special Licenses Issued for Ratification a. Application No. SP-19-42, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on September 27, 2019, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii. b. Application No. SP-19-43, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on October 2-4, 6, 11-12, 17-20, 22, and 26, 2019, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii. c. Application No. SP-19-44, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on October 12, 2019, from 11:00 a.m.-3:00 p.m., at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 37 d. Application No. SP-19-45, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on October 12,2019, from 5:30 p.m.-9:00 p.m., at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii. e. Application No. SP-19-46, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on October 14, 2019, at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii. f. Application SP-19-47, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special General liquor license on October 19, 2019, at the Donkey Mill Art Center, located at 78-6670 Mamalahoa Highway, HOlualoa, Hawaii. g. Application SP-19-48, Hilo Women's Club, dba Hilo Women's Club, for a Special Beer and Wine liquor license on October 26, 2019, at The Hilo Women's Club, 7 Lele Street, Hilo, Hawaii. h. Application SP-19-49, Friends of the Children's Justice Center of East Hawaii, Inc., dba Friends of the Children's Justice Center of East Hawaii, Inc., for a Special General liquor license on October 26, 2019, at Nani Mau Gardens, located at 421 Makalika Street, Hilo, Hawaii. i. Application No. SP-19-50, West Hawaii Community Health Center, Inc., dba West Hawaii Community Health Center, Inc., for a Special Beer and Wine liquor license on October 25, 2019, at the West Hawaii Community Health Center, located at 74-5214 Keanalehu Drive, Kailua-Kona, Hawaii. j. Application No. SP-19-51, Mala'ai: The Culinary Garden of Waimea Middle School, dba Mala'ai: The Culinary Garden of Waimea Middle School, for a Special Beer and Wine liquor license on October 25, 2019, at the Anna Ranch Heritage Center, located at 65-1480 Kawaihae Road, Kamuela, Hawaii. k. Application No. SP-19-52, Mala'ai: The Culinary Garden of Waimea Middle School, dba Mala'ai: The Culinary Garden of Waimea Middle School, for a Special Beer and Wine liquor license on November 1, 2019, at the Parker Ranch Pukalani Stables, located at 67-139 Pukalani Road, Kamuela, Hawaii. I. Application No. SP-19-53, Japanese Chamber of Commerce and Industry of Hawaii, dba Japanese Chamber of Commerce NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 38 and Industry of Hawaii, for a Special General liquor license on October 20, 2019, at The Sangha Hall, located at 424 Kilauea Avenue, Hilo, Hawaii. m. Application No. SP-19-54, Ku`ikahi Mediation Center, Inc., dba Ku'ikahi Mediation Center, for a Special Beer and Wine liquor license on November 10, 2019, at Nani Mau Gardens, located at 421 Makalika Street, Hilo, Hawaii. n. Application No. SP-19-55, Hawaii Island Humane Society, dba Hawaii Island Humane Society, for a Special General liquor license on October 26, 2019, at The Shops at Mauna Lani, located at 68-1330 Mauna Lani Drive, Kamuela, Hawaii. o. Application No. SP-19-56, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on November 1 and 8, 2019, at the Palace Theater (Lobby and Auditorium), located at 38 Haili Street, Hilo, Hawaii. p. Application No. SP-19-57, West Hawaii Dance Theatre, dba West Hawaii Dance Theatre, for a Special Beer and Wine liquor license on October 25, 2019, at the Lanihau Shopping Center, located at 75-5595 Palani Road, 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. 15, Transient Vessel Licenses Issued for Ratification. Can I get a motion for ratification of Transient... NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 39 Thomas: I moved to ratify the following Transient Vessel Licenses: Nahale-a: Thank you. Is there a second? Salave`a: Second. Ms. Thomas moved to ratify the following Transient Vessel License: 15. Transient Vessel License Issued for Ratification a. Application No. TV-19-33, Oceania Cruises S. de R. L., dba Regatta, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on November 9, 2019, and April 23, 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 Nahale-a: The next meeting of the Liquor Commission will be: 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. January 2, 2020, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. Gonzalez: Before you adjourn, I would like to make a small correction to what I said earlier about the public hearing. I believe it's forty-five days for certain types. For us, NOVEMBER 7, 2019—LIQUOR COMMISSION MINUTES 40 we don't meet every forty-five days, we meet every month, so that's why it works out to about sixty days. Salave`a: But that's a minimum. Gonzalez: Yes, that's a minimum by Statute for certain types of applications. Greenwell: Okay, thank you, Brandon. X. Adjournment Greenwell: I'll make the motion to close the meeting. Salave`a: Second. Nahale-a: Moved and seconded to adjourn. 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 10:47 A.M. - Takase Director The November 7, 2019, meeting minutes were approved as circulated via e-mail/mail on, December 23, 2019, by the Liquor Commission of the County of Hawaii, on January 2, 2020. NOVEMBER 7, 2019-LIQUOR COMMISSION MINUTES 41