2019-09-05 Liquor Adjudication Board Minutes

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Giffin: A written Decision and Order will be prepared and served upon you, the Licensee, which shall be due and payable within thirty (30) days of its receipt. Thank you for coming. Giffin: Ms. Schoen? Schoen: No. 4, Case No. 2019-009, In the Matter of the Accusation Against Banyan Mini Mart, LLC, dba Banyan Mini Mart, located at 71 Banyan Drive, Cabana #3, Hilo, Hawaii. This is an adjudication and waiver of presence, so Alternative I. 4. CASE NO. 2019-009 (2:28 P.M.) In the Matter of the Accusation Against Banyan Mini Mart, LLC, dba Banyan Mini Mart, located at 71 Banyan Drive, Cabana #3, Hilo, Hawaii. COUNT 1 Informal hearing (Alternative I) on violation of HRS 281-78(b)(1)(A), of the Hawaii Revised Statutes, as amended, Sale to a Minor. COUNT 2 Informal hearing (Alternative I) on violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to have a Person in Active Charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws. Gonzalez: The only thing about Alternative I is they've informed us that they're not going to be here, and you can take action without the Licensee's physical presence. Schoen: So we'll go ahead. Count 1 states that on or about the 20th day of June 2019, in the County and State of Hawaii, the Licensee, Banyan Mini Mart, LLC, dba Banyan Mini Mart, did sell, serve or furnish liquor to a minor(age 20), in violation of Section 281-78(b)(1)(A) of the Hawaii Revised Statutes, as amended. Schoen: Count 2 states that on or about the 20th day of June, 2019, in the County and State of Hawaii, the Licensee, Banyan Mini Mart, LLC, dba Banyan Mini Mart, did fail to have a person duly approved by the Department of Liquor Control as a person in active charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws, in violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii. Schoen: As stated earlier, Alternative I was chosen. The Licensee is waiving their right to a hearing and appeal on Counts 1 and 2, stipulates that disciplinary action may be taken without their presence, and so we ask the Board to find the Licensee in violation of both charges. SEPTEMBER 5, 2019-LIQUOR ADJUDICATION BOARD MINUTES 23