2019-09-05 Liquor Adjudication Board Minutes

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Smith: Second. Mr. Mukai moved that the Licensee in Case No. 2019-008, be found in violation of Section 281-78(b)(1)(A) of the Hawaii Revised Statutes, as amended, Sale to a Minor; seconded by Mr. Smith. Giffin: It has been moved and seconded that, in fact, the Licensee has been in violation of the charge. All those in favor please say, "Aye." The Board Members voted "Aye." Giffin: All those opposed, "Nay." There was no opposition by the Board Members. Giffin: The Chair also votes in approval. The motion is carried. The motion was carried unanimously. Giffin: Prior to assessing a penalty, you may proceed with your presentation of the circumstances surrounding the violation. Boteilho: So, my name's Melissa and I work at the Hilo Burger Joint. That evening, Erika Boyd was the bartender on duty when this operation happened. I looked back on our cameras and I did see that she was busy in the moment the decoy sat next to one of our regulars. Not thinking, and I know it's no excuse, but it happens. She went over and asked him what he wanted. Apparently, our customer, jokingly, said `oh, that's my friend.' I know that's no excuse, but she thought she remembered serving somebody similar along with our customer that was there. Unfortunately, it wasn't. While I was looking on the camera, I saw the decoy leave and that's when the investigators came in and asked to see her license and her blue card, which was expired at the time. She looked surprised as to why they were there and they explained. I could hear vague verbal conversations through our camera system. That's why I saw and that's what she told me. She was surprised and when they asked her if she knew what was going on, she responded she didn't. They told her she served someone under age, and she was like, `where?' She misunderstood them, thinking that they said somebody brought in a bottle of liquor and said, "Where? Who is it?" But she misunderstood them. They were trying to tell her that she served an underage person. So, therefore, this is why we are here. Giffin: Any other questions of the Licensee? Mukai: I have a question in regards to this information (referring to the investigator's report), Ms. Chair. Giffin: Yes, Mr. Mukai? Mukai: Under the job title of Erika Boyd, it says expiration date "12/2017." What does that expiration date refer to? SEPTEMBER 5, 2019-LIQUOR ADJUDICATION BOARD MINUTES 20