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HomeMy WebLinkAbout2020-01-02 Liquor Commission Minutes COUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — JANUARY 2, 2020 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII I. Call To Order The meeting was called to order by Chair Claude Onizuka at 10:00 A.M., in the Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. The following were present and constituted a quorum: Commissioners: Claude Onizuka, Chair Michael Hughes, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Ronald Ibarra, Commissioner Dawn Raymond, Commissioner Paula Thomas, Commissioner Absent and Excused: Shelby Nahale-a, Commissioner Allen Salave`a, 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 Onizuka: Good morning, I'd like to call this meeting of the Liquor Commission to order. First of all, I'd like to remind everyone to put their phones on vibrate or silent mode. We are recording this meeting so speak individually and loud enough into the microphone; it's not an amplifier, it's just to be recorded. At this time, we'll begin with introductions of the staff and Commission starting from Brandon. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. Waltjen: Good morning, Stacie Waltjen, Licensing Officer. Takase: Gerald Takase, Director. Ibarra: Good morning, Ron Ibarra, Commissioner. Hughes: Mike Hughes, Commissioner. Onizuka: Claude Onizuka, Commissioner, Chairman. Masuda: Craig Masuda, Commission Counsel. Raymond: Dawn Raymond, Commissioner. Arakaki: Warren Arakaki, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Lim: Dorsi Lim, Secretary for the Board and Commission. Onizuka: We have Commissioner Thomas joining us now. We just did introductions, please introduce yourself. Thomas: Paula Thomas, Commissioner. Onizuka: Thank you. II. Approval of Minutes Onizuka: Approval of the minutes of November 7, 2019. Hughes: So moved. Greenwell: Second. Mr. Hughes moved to approve the November 7, 2019, Liquor Commission minutes as circulated; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted"Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 2 The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Onizuka: We have an addendum to the agenda. Pursuant to Section 92-7, Hawaii Revised Statutes, as amended, Item 1 is the proposed amendment to the agenda and has been determined not to be of reasonably major significance nor does it affect a significant number of persons, and is proposed for placement on the agenda by a two-thirds vote of the Commission. 1. New Business, ADD Item No. 10: 10. Mauna Kea Resort LLC, dba The Westin Hapuna Beach Resort, ratification of Application for Alteration Permit, for renovation of the former Hakone Restaurant into a Wellness Center, approved by Director Gerald Takase on December 31, 2019, to its Hotel liquor license, located at 62-100 Kauna'oa Drive, Kamuela, Hawaii. Onizuka: Do I have a motion? Hughes: Motion to approve the addendum to the January 2, 2020, Liquor Commission agenda. Thomas: Second. Mr. Hughes moved to approve the addendum to the January 2, 2020, Liquor Commission agenda; seconded by Ms. Thomas. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: May I have a roll call vote, please? Lim: Commissioner Arakaki? Arakaki: Aye. Lim: Commissioner Greenwell? Greenwell: Aye. Lim: Commissioner Hughes? Hughes: Aye. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 3 � r Lim: Commissioner Ibarra? Ibarra: Aye. Lim: Chair Onizuka? Onizuka: Aye. Lim: Commissioner Raymond? Raymond: Aye. Lim: Commissioner Thomas? Thomas: Aye. Lim: Chair, we have 7 Ayes, no Nays. The Ayes have it. Onizuka: Thank you. IV. Public Statements on Agenda Items Onizuka: At this time, do we have any public statements to the agenda items? There was no reply from the public. Onizuka: Seeing none, we'll move forward with Public Hearings. V. Public Hearings Onizuka: Application 19-10, Papa Kona Coffee & Events LLC, trade name Papa Kona Coffee & Events (Restaurant). APPLICATION NO.: 19-10 (10:04 A.M.) APPLICANT: Papa Kona Coffee & Events LLC TRADE NAME: Papa Kona Coffee & Events (Restaurant) PLACE OF BUSINESS: 75-5770 AIi`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, III, Esq.; Derek Proudian, Member/Manager; and Anna White, CFO, were present. Onizuka: Do we have any applicants present? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 4 Fagundes: Good morning, Mr. Chair. Joseph Fagundes, Attorney for the applicant Papa Kona Restaurant; also present, the Manager of Papa Kona, Mr. Derek Proudian, and the CFO, Anna White. Onizuka: Thank you. At this time, are there any changes to the report that was filed, the application that was filed, any changes? Fagundes: The only change to the application that was filed is an alteration request that was submitted to the Director with regard to utilizing the downstairs bar, a pre- existing downstairs bar that's part of the... Proudian: ...facilities for... Fagundes: ...for serving alcohol. We have just received from the architect the plans which I delivered to Stacie this morning. The DPW has not been able to come out and do an inspection yet because we didn't have a plan. We should be able to get that all accomplished. Apart from that, that's the only change to our application. Onizuka: At this time, can we have the applicant describe the business? Proudian: Sure. Papa Kona Coffee & Events operates a full-service restaurant on Ali'i Drive. We serve breakfast, lunch, and dinner and we operate an events business on the second floor and the restaurant on the first floor. Onizuka: Thank you. At this time, I ask the Director for any report of protests? Takase: Yes, Mr. Chairman, the applicant mailed 2 out of 2 notices within 100 feet, 377 out of 378 notices within 500 feet, and 2 notices to condominium/cooperative apartment owners. There were 361 properties entitled to protest; we received 10 protests to this application. Onizuka: Thank you. At this time, do we have any public testimony? There was no reply from the public. Onizuka: Seeing none, we'll move forward. Commissioners, discussion and/or questions? Hughes: Question to Director Takase. I see in a complaint that noise has been an issue. Is that with the previous establishment or...? Takase: Yes. We didn't have any complaints with the previous Licensee which was Daylight Mind. There had been previous complaints from Licensees within that complex, but they've actually all been (from) a while ago. I want to say the last ones were about Michaelangelo's, which ran a nightclub there, which is now Mi's Bistro. We haven't had any problems for a while. We've had lots of concerns from the Kona Ali'i apartment building for all the places. It seems it may be a standard question, but maybe you can ask what JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 5 the applicant has gone through. They have sent a letter and contacted all of the protestors. They also provided some decibel readings that they've done on their own. Although there's been talk of prior complaints, most of them were (from) quite a while ago. Fagundes: Mr. Hughes, if I may? Hughes: Sure. Fagundes: I provided to the Director's staff copies of Ms. White's response to the protestors. That was submitted immediately upon receiving the first protest and it was also disseminated to the management company of the Kona Ali'i Condominium and all owners. We attempted to respond to these particular complaints and distinguished ourselves to welcome any kind of interaction that they had, questions or concerns. Also provided to you is a copy of decibel readings that were taken yesterday in the premises. Yesterday was the first day that there was live music as part of the restaurant operations. It was New Year's Day and there was a band. These decibel readings were taken by Ms. White, supervised by me, both before the music started at 5:00 P.M. and after the music started. Fagundes: These decibel readings were taken in the premises at the front door and at the Waterfront door, as well as on the front steps to Waterfront Row from Ali'i Drive, and on the Ali'i Drive sidewalk fronting the Kona Ali'i Condominium. We brought copies to be distributed; I assume you received those in your packets. Each of these figures is an average of three separate readings in each location both before and during the music. What it shows us is the noise generated is well within, based on the ambient noise, the maximum permitted sounds levels under Rule 6.4 of the Liquor Commission rules. And, that the majority of the noise generated is within the premises, not outside the Waterfront Row property and... Hughes: So, typically, with the exception of New Year's Eve say, how late would the music be on a typical night? White: We have our bands booked from 5:00 P.M. to 9:00 P.M. Hughes: And what type of music? White: It's going to be an array. It'll be someone sitting there with, perhaps, an acoustic guitar all the way up to the band we had performing yesterday, just playing classic rock and roll, all types of genres. Hughes: Okay. Thank you so much. Ibarra: I have a question, Mr. Chair, after Mr. Greenwell. Onizuka: Mr. Greenwell? Greenwell: In your application you talk about breakfast, brunch from 7:00 to 11:00 in the morning, and lunch at 11:00 A.M. to 3:00 in the afternoon. The music starts at what time? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 6 White: Typically, 5:00 P.M. Greenwell: Five P.M.? White: Yes. Greenwell: Looking at these decibel readings, does it get higher or greater as you later on through the evening? The decibel readings here are taken around 5:00. Does it get (even) more lively in the evening as it gets later? Is that what people are concerned about? Proudian: I don't think the sound volumes...the sound volumes were set at the beginning of the evening. They did sound checks of what kind of volume they wanted to be playing at. I don't notice any appreciable change in decibels or band volume during the evening. White: Exactly. During the day there will not be any live music or any extra type of noise that would be added. It would just be during the live music performances from 5:00 to 9:00. Fagundes: I think Mr. Greenwell's question is: as the night progresses between 5:00 and 9:00 P.M., does it get louder? I think what Mr. Proudian just stated is that the sound levels were checked and the decibel metered at the soundcheck prior to commencement. Those sound levels were not changed throughout the performance. White: Right. Fagundes: The sound is constant so far as what's generated from the musicians. Thomas: I have a question. Is there a difference between what happens in the restaurant in terms of live music and, you mentioned you have an events venue upstairs? What's the difference between the two and then if the events venue is higher, chances are more of that sound is going to carry across the properties behind. But, what's the difference in terms of monitoring between what goes on in the restaurant and what happens in the events venue? Proudian: In the events business upstairs, we typically do weddings and wedding receptions. We will have primarily "deejayed" music upstairs. Occasionally, there will be a live performer as well. The thing that is new, because the events business upstairs has been going on for three years continuously and there has been no change in that structure or the music or the levels that have been performed there, is that the restaurant downstairs now has live music on Wednesdays, which was not the change. Proudian: In terms of what I would assume that the folks at the (Kona) Ali`i Condominium are concerned about is, are we adding something new to the sound level as a result of this application? In our application, we did apply for a dancing permit which is for a dance floor downstairs. The best I can answer the question is, 'yes, we have music upstairs. There's been no change in the music program upstairs that's been going on for three years. As far JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 7 as I know, we haven't had any complaints or the former tenant didn't have any complaints. We've been operating that since we took over operation of the catering operation in September, and we were permitted for that and we didn't have any complaints. What's new is that we've taken over the restaurant and we're having live music downstairs and that's what we address here.' Thomas: And is the decibel level monitored upstairs the same way as downstairs? Proudian: Yes. White: Absolutely. Everything is angled out across the ocean. Proudian: We have six speakers that angle out towards the ocean so that, basically there's no reflection wall to send the sound back into town. Thomas: Thank you. Ibarra: I had a question answered by your question. Greenwell: Chair? Onizuka: Yes? Greenwell: Is there a possibility that there's a misunderstanding with the people that are writing these protests as to what you're doing? Because it sounds like upstairs has been going on for, as you say, years; and now you're providing a restaurant downstairs and because it's something new, is there a misunderstanding with your neighbors? Proudian: I can't speak to that. Fagundes: Let Ms. White...she's been in personal contact with one of the protestors and with the board. White: Yes. Upon receipt of the protest letter, I immediately reached out had they provided their phone number or email address. To those who only signed the letter and sent it in, I was able to distribute that through their property management company. Their concern was just that we are not going to be good neighbors and we're not going to be sensitive to our surrounding neighbors. In the letter that I wrote, and (when I) spoke with personally, I ensured them that we were going to be positioning the speakers going out towards the ocean and that we would be in constant monitoring of the decibel levels as well. We have two new meters and we will be going around to check the levels of the sound and they know they can reach out to me personally if there's ever a concern so that we can address it immediately, and they were very happy to hear that and said they were happy to come in and have us right next door. This is the response that I got. They just wanted to do a preemptive strike, not against our business, but just making sure we were sensitive to the noise levels, which we of course are. Greenwell: So there's dialog between you folks? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 8 White: Absolutely, straight dialog. Yes. Onizuka: Commissioners, any other questions? If not, before we go any further, I'd like to express my opinions as a Commissioner from Kona. This area is surrounded by condominiums and in past practice with Licensees, we've given them until 10:00 P.M. to play music. Ten o'clock, considering that as a decent hour. It's unfortunate for the protestors, as far as I'm concerned, that they can hear this music; but typically in Kona, the wind comes off the mountain and blows out to the ocean. That's the carry of the music, out. But if you're too close, you're going to hear it anyway. It's unfortunate that they live in this area. No matter what you do, you live in a resort area, and personally, I think that 10:00 P.M. is a decent hour for music in that resort area. We feel for them, we hope that they can somehow get together with the Licensees and work out a good solution. When you live in a resort area, the music comes with the resort area. That's my personal opinion. Ibarra: If there are no further comments, I'd move to close the public hearing, Mr. Chairman. Raymond: Second. Mr. Ibarra moved to close the public hearing; seconded by Ms. Raymond. Onizuka: Moved and seconded that we close the public hearing. Any discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Hughes: Motion to approve Application No. 19-10, pending final inspection. Raymond: Second. Mr. Hughes 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 and Consolidation of Caterer's liquor license with Restaurant General liquor license, Category B2, located at JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 9 75-5770 AIi`i Drive, Kailua-Kona, Hawai`i, TMK: 7-5-008:009, pending final inspection; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor of approving Application No. 19-10, pending final inspection say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Proudian: Thank you very much. White: Thank you so much. Onizuka: Before we move on to the next application, I want to wish everybody a Happy New Year. The next application, APPLICATION NO.: 19-12 (10:23 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. Onizuka: Can you introduce yourself and your relationship to the business, please? Roberts: My name is Brendan Roberts. I'm the CEO of Big Island Booch, Conscious Culture Cafe. Onizuka: Thank you. Are there any changes to your report? Roberts: We will be adopting a new dba. I have submitted the appropriate paperwork and licenses (for) dba The Booch Bar. Onizuka: That's been filed with the Department? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 10 Roberts: Yes. Onizuka: Can you describe your business? Roberts: We are primarily a breakfast and lunch café. We're also open in the evenings, currently until 8:00. We plan on staying open a little later til 9:00 and possibly 10:00 on the weekends. We serve mostly food and also sell our drinks, kombucha that we make, and some other coffee and teas and things like that. We've been open for about five years, a little more than five years. Onizuka: Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 5 out of 5 notices within 100 feet and 74 out of 80 notices within 500 feet. There were 69 properties entitled to protest; we received no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application at this time? There was no public testimony. Onizuka: Seeing none, Commissioners, questions? Ibarra: I have a question for Counsel. He mentioned he just submitted a change of dba, so what are we addressing today? The change? Takase: Yes, he's going to change from... Ibarra: Conscious Culture... Takase: Yes, that's on the application but he'll be changing his dba to The Booch Bar. Ibarra: Yes, so today we're addressing dba The Booch Bar? Takase: Yes, so it would be an amendment to the application. Onizuka: Any further questions? Takase: I have a question. Is the kombucha you're selling alcoholic? Roberts: No, it's not alcohol. We do have some plans in the future to possibly make alcoholic kombucha; but as of now, we do know...our kombucha is tested out as less than the competition. Onizuka: Any further questions? Discussion? Thomas: I recall at some point, you wanted to also start serving beer and wine. Is that something that's going to... JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 11 Roberts: Yes, we're going to be doing that. That's what this license is for. That's this application. In order for us to manufacture, obviously, we have a lot of other hoops to jump through and we haven't started that process yet. This application is just to serve beer and wine now, in our café. Thomas: Is there a long-term intention to change the configuration inside? Roberts: No, it's going to be pretty much the same. I don't think we're going to be doing anything else. We made some small changes like we got bar stools with backs. We had bar stools without backs, but it seemed safer, so we chose to do that. No real changes. Onizuka: Anymore questions? There were no questions from the Commissioners. Hughes: Motion to close the public hearing. Greenwell: Second. Mr. Hughes moved to close the public hearing; seconded by Mr. Greenwell. Onizuka: Moved and seconded to close the public hearing. Any discussion? There was no discussion from the Commissioners Onizuka: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously Hughes: Motion to approve Application No. 19-12, pending final inspection. Thomas: Second. Mr. Hughes moved to approve Application No. 19-12, Big Island Booch Inc., dba Conscious Culture Cafe, for an original Restaurant General liquor license, Category B1, and change of dba to The Booch Bar, located at 110 Keawe Street, Hilo, Hawaii, TMK: 2-3-005:008, pending final inspection; seconded by Ms. Thomas. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 12 Onizuka: Moved and seconded that we approve Application No. 19-12. Any discussion? Ibarra: I just want to clarify that this would include the new dba? Takase: Yes. Onizuka: All those in favor of approving Application No. 19-12 say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Roberts: Thank you. Thomas: Thank you. Onizuka: APPLICATION NO.: 19-14 (10:26 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 Robert Alan Wilson, Owner, was present. Onizuka: Can you introduce yourself and your relationship to the business? Wilson: Hi. Yes, sir, Robert Alan Wilson, Owner of Big Hitter Enterprises, Willie's Hot Chicken. Onizuka: Thank you. Any changes to your report? Wilson: No, sir. Onizuka: Can you describe your business, please? Wilson: We are a fast, casual dining experience with a full bar. We are going to be serving Nashville Hot Chicken. It's a type of chicken from the southeast. We'll have different levels of spices, tenders, sandwiches, bone-in with multiple sides and JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 13 alternating desserts. We'll be doing 11:00 A.M. to around 9:00 P.M. on weekdays for food and we were planning on keeping the bar open probably until around 11:00 P.M. during the weekdays for just alcohol after we finish serving food. On Saturdays and Sundays we'll be doing breakfast and brunch, so we'll be opening around 7:00 or 8:00 A.M., depending on football scheduling. We'll be doing a brunch there and the same thing during the afternoon. Onizuka: Thank you. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 4 out of 4 notices within 100 feet, 221 out of 225 notices within 500 feet, and 1 notice to a condominium or cooperative property manager. There were 113 properties entitled to protest and we received no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, discussion or questions? Greenwell: Is there anybody else on the island serving that Nashville Hot Chicken? Wilson: Not that I'm aware of. Greenwell: It's something that is brand new to the island? Wilson: As I'm aware, yes sir. Obviously, there's multiple fried chicken, but the Nashville style is a unique style, a unique concept. It's really popular on the mainland. Obviously, with the name, it did start in Nashville. It was a wife's way to get back to her philandering husband. One night he came home, she didn't appreciate where he was, she spiced up his meal that night in order to get him back, and that is where the idea stems from. Unfortunately, he loved it and fortunately for us he loved it, and it has turned into what we have today. I think it's something that is going to be a great concept for Kona, especially where we're located, and will add a lot of value to that area. I think it will be received well. Greenwell: Good luck. Wilson: Thank you. Onizuka: Any further questions or discussion? Takase: Your kitchen is going to stay open until after your dinner hours? Wilson: They will stay open as far as...they'll be cleaning and getting all that stuff done. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 14 Takase: You won't be serving? Wilson: We're in the process of deciding what time we want that to...we want to be open for a lot of the manta ray and a lot of the boats that come in. There's not a lot of options for those guys. I used to be a boat captain and I know that it's an issue. We want to weigh that out and decide...it might be 9:00, we might stay open until 10:00 if the demand is there. But we're not going to be a 2:00 A.M. type of bar. We're going to shut down everything around 11:00, maybe 11:30 or 12:00, if it's an event night or something's going on in town where it warrants the demand. We want to let everybody go home early, about 11:00 or 12:00 at the latest. Onizuka: It's in the industrial area, right? Wilson: Yes, sir. Onizuka: Any further questions or discussion? There were no further questions or discussion from the Commissioners. Onizuka: Call for the motion. Ibarra: Motion to close the public hearing. Hughes: Second. Mr. Ibarra moved to close the public hearing; seconded by Mr. Hughes. Onizuka: Moved and seconded that we close the public hearing. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Hughes: Motion to approve Application No. 19-14, pending final inspection. Greenwell: Second. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 15 Mr. Hughes moved to approve Application 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, pending final inspection; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. 19-14, pending final inspection. All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Wilson: Thank you, guys. Greenwell: Good luck. Wilson: Thank you. Onizuka: APPLICATION NO.: 19-15 (10:32 A.M.) APPLICANT: Kona Brewery LLC TRADE NAME: Kona Brewing Co. PLACE OF BUSINESS: 74-5588 Pawai Place, Kailua-Kona, Hawai`i TMK: 7-4-010:004 LICENSE APPLIED FOR: Original Manufacturer Beer and Wine liquor license Terrence Lee, Esq.; and Billy Smith, Director of Operations, were present. Onizuka: Good morning. Can you introduce yourself and your relationship to the business? Lee: Good morning, Chair, Commissioners. Terry Lee, Counsel for the applicant. To my left is Billy Smith. He's the General Manager for the Hawaii operations for the applicant. No changes to the final report. Onizuka: Thank you. Can you describe the business, please? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 16 Lee: Yes, this is an off-shoot of Kona Brewing Company. Currently, we have our establishment which is a pub and a brewery. This new establishment will be focused on production and producing beer for Hawaii, Craft Beer of Hawaii. Onizuka: Thank you. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 7 out of 7 notices within 100 feet, and 45 out of 45 notices within 500 feet. There were 24 properties entitled to protest, and there were no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, discussion or questions? There was no discussion or questions from the Commissioners. Onizuka: Seeing none, call for a motion. Hughes: Motion to close the public hearing. Greenwell: Second. Mr. Hughes moved to close the public hearing; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we close the public hearing. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Hughes: Motion to approve Application No. 19-15, pending final inspection. Greenwell: Second. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 17 Mr. Hughes 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; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. 19-15, pending final inspection. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Thank you. Lee: Thank you very much. Thomas: Thank you. VI. Preliminary Hearings Onizuka: APPLICATION NO.: 18-21 (10:34 A.M.) APPLICANT: Pacific Aqua Beverages, LLC TRADE NAME: Hilo Brewing Company PLACE OF BUSINESS: 29-2306 Old Mamalahoa Highway, Bldg. A, Hakalau, Hawaii TMK: 2-9-002:079 LICENSE APPLIED FOR: Original Small Craft Producer Pub liquor license, Category B1 Marcus Bender, Owner, was present. Onizuka: Good morning. Bender: Good morning. Onizuka: Can you introduce yourself and your relationship to the business? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 18 Bender: My name is Marcus Bender; I'm the Owner. Onizuka: Are there any changes to your report? Bender: No. Onizuka: Can you describe your business, please? Bender: Yes, I'm manufacturing beer. Onizuka: Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? Hughes: Marcus, this is the old brewery in Hilo? Mehana? Bender: Formerly Mehana, and now it's Hilo Brewing. Hughes: You're just relocating into a different location? Bender: We're actually going to have two locations. One will be at the current location where it is today at 275 East Kawili, and this will be another location to be able to retail the beer. Onizuka: Any other questions or discussion? Thomas: You'll retail the beer and also have a restaurant there? Bender: We will not have a restaurant. We'll have a food truck--independent, separately operated. I don't want to be in the food business. Onizuka: Any other discussion? There was no other discussion. Onizuka: Call for a motion. Raymond: Motion to approve Application No. 18-21; if approved, public hearing to be held on March 5, 2020, in Hilo. Ibarra: Second. Ms. Raymond moved to approve Application 18-21, Pacific Aqua Beverages, LLC, dba Hilo Brewing Company, for an original Small Craft Producer Pub liquor license, Category B1, located at 29-2306 Old Mamalahoa Highway, Bldg. A, Hakalau, JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 19 Hawaii, TMK: 2-9-002:079; if approved, public hearing to be held on March 5, 2020, in Hilo; seconded by Mr. Ibarra. Onizuka: Moved and seconded that we approve Application No. 18-21; if approved, public hearing to be held March 5, 2020, in Hilo. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Bender: Happy New Year to you all. Hughes: Thank you. Onizuka: APPLICATION NO.: 19-21 (10:39 A.M.) APPLICANT: DHL Mahi Liquor, LLC TRADE NAME: The Market PLACE OF BUSINESS: 68-1400 Mauna Lani Drive, South Kohala, Hawaii TMK: 6-8-022:015 LICENSE APPLIED FOR: Original Retail General liquor license Terrence Lee, Esq.; and Maggie Stith, Market Manager, were present. Onizuka: Good morning. Can you introduce yourself and your relationship to the business? Lee: Good morning, Mr. Chair, Commissioners. Terry Lee, counsel for the applicant. To my left is Maggie Stith who is one of the Managers for the applicant. Her responsibility is directly related to the retail liquor establishment that we're applying for. Onizuka: Thank you. Any changes to the report? Lee: No. Onizuka: No changes. Can you briefly describe the business that you have? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 20 Stith: Yes, we are a classic market that includes a New York-style deli component, gift shop (with items) from local vendors, and grab and go coffee beverages, wine, beer, and alcohol, as well as a specialty coffee shop all in one. Onizuka: Clear? Any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? There were no questions or discussion from the Commissioners. Onizuka: Seeing none, call for a motion. Hughes: Motion to approve Application No. 19-21; if approved, public hearing to be held on March 5, 2020, in Hilo. Ibarra: Second. Mr. Hughes moved to approve Application No. 19-21, DHL Mahi Liquor, LLC, dba The Market, for an original Retail General liquor license, located at 68-1400 Mauna Lani Drive, South Kohala, Hawaii, TMK: 6-8-022:015; if approved, public hearing to be held on March 5, 2020, in Hilo; seconded by Mr. Ibarra. Onizuka: Moved and seconded that we approve Application No. 19-21; if approved, public hearing to be held March 5, 2020, in Hilo. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Lee: Thank you very much. Hughes: Wait a minute, I'm sorry. Motion to ratify issuance of temporary license T-RG-942, effective December 20, 2019. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 21 Ibarra: Second. Mr. Hughes moved to ratify the issuance of temporary license T-RG-942, effective December 20, 2019; seconded by Mr. Ibarra. Onizuka: Moved and seconded that we ratify issuance of temporary license T-RG-942, effective December 20, 2019. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Onizuka: APPLICATION NO.: 19-22 (10:41 A.M.) APPLICANT: A-Bay's Cantina LLC TRADE NAME: A-Bay's Island Cafe PLACE OF BUSINESS: Alii Sunset Plaza, 75-5799 Ali`i Drive, Building A, Units 1 & 2, Kailua-Kona, Hawaii TMKS: 7-5-009:030 and 031 LICENSE APPLIED FOR: Original Dispenser General liquor license, Category B1 Brian Flynn, CEO/Owner; and Raymond McLaughlin, Owner, were present. Onizuka: Good morning. Can you introduce yourself and your relationship to the business, please? Flynn: Good morning, yes. Brian Flynn, CEO, Owner. McLaughlin: I'm Ray McLaughlin, Owner. Onizuka: Thank you. Are there any changes to the report that was filed? Flynn: No. McLaughlin: No. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 22 Onizuka: Can you describe your business, please? Flynn: Currently we are an Asian Pacific American restaurant. We serve breakfast, lunch, dinner on weekdays until midnight. We're currently located in the Waikoloa Resort and we'll be running a very similar concept in Kona. Onizuka: Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? There were no questions or discussion from the Commissioners. Onizuka: Seeing none, call for a motion. Hughes: Motion to continue Application No. T-19-...wait a minute... Masuda: Can you rephrase that? Hughes: Sorry about that. Raymond: Move to approve Application No. 19-22; if approved, public hearing to be held on March 5, 2020, in Hilo. Hughes: Thank you. Greenwell: Second. Ms. Raymond moved to approve Application No. 19-22, A-Bay's Cantina LLC, dba A-Bay's Island Café,for an original Dispenser General liquor license, Category B1, located at Alii Sunset Plaza, 75-5799 Alii Drive, Building A, Units 1 & 2, Kailua-Kona, Hawaii, TMKS: 7-5-009:030 and 031; if approved, public hearing to be held on March 5, 2020, in Kona, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. 19-22; if approved, public hearing to be held March 5, 2020, in Hilo. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 23 There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Flynn: Thank you very much. Thomas: Good luck. McLaughlin: Thank you. Onizuka: Application... Takase: Application No. T19-23, Outrigger Kona Resorts; the applicant is requesting continuance to February 6th. Onizuka: Okay. Application No. T19-23, requesting continuance. Greenwell: I make the motion to continue Application No. T19-23, Outrigger Kona Resort LLC, dba Outrigger Kona Resort and Spa, to February 6, 2020, in Kona. Raymond: Second. Mr. Greenwell moved to approve the request to continue Application No. T19-23, Outrigger Kona Resort LLC, dba Outrigger Kona Resort and Spa for a Sale and Transfer of Hotel liquor license currently held by Kona Surf Partners LLC dba Sheraton Kona Resort & Spa at Keauhou located at 78-128 `Ehukai Street, Kailua-Kona, Hawaii, TMKS: 7-8-010:038, 039, 059 and 7-8-012:058, to February 6, 2020, in Kona; seconded by Ms. Raymond. Onizuka: Moved and seconded that we continue Application No. T19-23, Outrigger Kona Resort LLC, dba Outrigger Kona Resort and Spa to February 6, 2020, in Kona, Hawai'i. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 24 The motion was carried unanimously. VII. Unfinished Business Onizuka: Move on to Unfinished Business. There was no Unfinished Business. VIII. New Business Onizuka: Seeing none, we move on to New Business. 1. Mauna Kea Resort LLC, dba Westin Hapuna Beach Resort (The), ratification of Application for Game Permit for an event on December 14, 2019, approved by Director Gerald Takase on November 26, 2019, to its Hotel liquor license, located at 62-100 Kaunaba Drive, Kamuela, Hawai'i. Greenwell: Move to ratify. Raymond: Second. Mr. Greenwell moved to ratify the Application for Game Permit for an event on December 14, 2019, submitted by Mauna Kea Resort LLC, dba Westin Hapuna Beach Resort (The), approved by Director Gerald Takase on November 26, 2019, to its Hotel liquor license, located at 62-100 Kauna`oa Drive, Kamuela, Hawai`i; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? lbarra: Yes, thank you, Mr. Chair. Again, it is my position that this body is not the final determination of whether an event is gambling or not. I would move to ratify provided that determination is left to the appropriate authority. Onizuka: All those in favor of the ratification? Hughes: I'll second it. Onizuka: She seconded it. It's moved and seconded. Any other discussion? There was no other discussion from the Commissioners. Onizuka: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 25 There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Item 2. 2. A-Bay's Cantina LLC, dba A-Bay's Island Grill, approval of Application for Temporary Increase in Licensed Premises to the Kings' Shops Center Stage on December 13, 2019, approved by Director Gerald Takase on November 26, 2019, to its Restaurant General liquor license, Category B1, located at the Kings' Shops, 250 Waikoloa Beach Drive, Space #J-106, Waikoloa, Hawaii. Hughes: Move to approve. Raymond: Second. Mr. Hughes moved to approve the Application for Temporary Increase in Licensed Premises to the Kings' Shops Center Stage on December 13, 2019, submitted by A-Bay's Cantina LLC, dba A-Bay's Island Grill, approved by Director Gerald Takase on November 26, 2019, to its Restaurant General liquor license, Category B1, located at the Kings' Shops, 250 Waikoloa Beach Drive, Space #J-106, Waikoloa, Hawaii; seconded by Ms. Raymond. Onizuka: Moved and seconded that we approve the Application for Temporary Increase. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: No. 3. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 26 3. The View Restaurant Bar & Grill Corp., dba The View Restaurant Bar & Grill, ratification of Application for Game Permit for an event on December 5, 2019, approved by Director Gerald Takase on December 4, 2019, to its temporary Dispenser General liquor license, Category B1, located at 78-7000 Ali`i Drive, Kailua-Kona, Hawaii. Hughes: Move to ratify. Onizuka: Do I have a second? Arakaki: Second. Mr. Hughes moved to ratify the Application for Game Permit for an event on December 5, 2019, submitted by The View Restaurant Bar & Grill Corp., dba The View Restaurant Bar & Grill, approved by Director Gerald Takase on December 4, 2019, to its temporary Dispenser General liquor license, Category B1, located at 78-7000 Alii Drive, Kailua-Kona, Hawaii; seconded by Mr. Arakaki. Onizuka: Moved and seconded. Any discussion? Ibarra: Again, Mr. Chair, I'm concerned about the determination of the gambling issue to be left to the appropriate government entity. Onizuka: Mr. Director, the ratification is only to the license, right? We're not saying whether it's legal or illegal? Takase: No, technically, the game permits are being issued for gambling-type games; they're going to use cards, dice, whatever. We don't make a determination as to whether it's gambling or not. Although, I will ask them what the mechanics of what they're doing are. As long as they don't...that's why we are signing off on these. We know that it meets with our approval. Commissioners are a...bodies. They couldn't use our ratification if they were running a gambling operation, to say that it was sanctioned by us. Ibarra: That's clear, Mr. Chair. Just in case, which I'm not sure it would happen, the police or prosecutor would then bring the case into court and they would say that the Liquor Commission issued the permit and therefore start to prosecute us and that's the argument. We're not the final authority to determine whether it's gambling or not. Greenwell: Mr. Chair... Ibarra: For any other permit you expect the Licensee to comply with the law, whether it's Fire or Building. Greenwell: Mr. Chair, could we get the Director to give us an update on what the other counties do in situations like this? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 27 Takase: I'll try to find out for sure, but I think everybody operates similarly to us. We have at least two counties with former prosecutors on it, so they know more or less what the elements of gambling are. Kauai, similarly, has a judge sitting on their panel. It's typically the ones that are running the operation that involve liquor because it adds more scrutiny to their operations. These are, I don't know if you want to call it social gambling, just games for parties or other events who will come to us when they want to do casino nights and things of that nature. We had one State conference, I believe it was Maui that put it on, had a casino night for all of the Commissions and guests. I can find out what they do specifically, but in general, they all operate similarly to us. Greenwell: What I think Mr. Ibarra is alluding to is we don't want to make it in the paper as Hawaii County is either lax or not following... Ibarra: Like the Chair said, we're not determining whether it's gambling or not. It's up to them to be sure to comply with the law with the other enforcing agencies. Takase: When they come in for it, I do ask them how they're doing it or to describe it. Basically, there are three elements to gambling; you risk something of value to gain something of value in a game of chance. If you eliminate one of those three, technically, you shouldn't be involved in gambling. What we see, typically, there's no buy-in for these games. You show up at my party, I'll give everybody chips. You may win something, but you didn't have to spend any money to enter the game. That's how they avoid getting into gambling. There is a game of chance, fundamentally, but usually when we look at it; say your organization or you are hosting this event, you don't charge anybody and you give everybody x-amount of chips to start the game and then they play. They may be entitled to win some prizes at the end, but usually, they are nominal prizes; they're not big money events. Gonzalez: In addition, our gaming permit specifically says that the event shall be in compliance with 712-1220 and 712-1231, which are the criminal sections of our Hawaii law pertaining to gambling. So, it's also on the... Onizuka: Any other discussion? There was no other discussion from the Commissioners. Onizuka: All those in favor of ratification of Item 3 on The View Restaurant Bar & Grill say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 28 Onizuka: Items 4 and 5 are Glory Nani Mau LLC, dba Nani Mau Gardens, ratification of a game permit, Items 4 and 5 have different dates. Item 4 is for December 13, 2019; Item 5 is for December 21, 2019, and we'll take them together. 4. Glory Nani Mau LLC, dba Nani Mau Gardens, ratification of Application for Game Permit for an event on December 13, 2019, approved by Director Gerald Takase on December 9, 2019, to its Restaurant General liquor license, Category B2, located at 421 Makalika Street, Hilo, Hawaii. 5. Glory Nani Mau LLC, dba Nani Mau Gardens, ratification of Application for Game Permit for an event on December 21, 2019, approved by Director Gerald Takase on December 11, 2019, to its Restaurant General liquor license, Category B2, located at 421 Makalika Street, Hilo, Hawaii. Greenwell: Motion to ratify. Arakaki: Second. Mr. Greenwell moved to ratify the Application for Game Permit for an event on December 13, 2019, and December 21, 2019, submitted by Glory Nani Mau LLC, dba Nani Mau Gardens, approved by Director Gerald Takase on December 9, 2019, and December 11, 2019, respectively, to its Restaurant General liquor license, Category B2, located at 421 Makalika Street, Hilo, Hawai`i; seconded by Mr. Arakaki. Onizuka: Moved and seconded that we ratify. Any discussion? Ibarra: Mr. Chairman, my same position regarding the gambling issue. Onizuka: When we have gaming permit applications or requests, and you give the approval, do you periodically send the inspectors out? Takase: I don't send them specifically to check on their operations, but that's usually part of their standard checks. The gaming permit is so that if they happen upon a game, they know that it's taking place rather than reviewing the whole...so I haven't directed them to check. Gonzalez: As the Director says, it's more to notify the investigators when they do their nightly checks, that there may be gaming activity going on; so that they know. Onizuka: Okay. Gonzalez: They check everybody, but not specifically for gaming. Onizuka: Thank you. All those in favor say, "Aye." JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 29 The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Items 4 and 5 are ratified. The motion was carried unanimously. Onizuka: No. 6, JTJ Enterprise, Inc., dba Quinn's, ratification of Application for Temporary Increase in Licensed Premises. 6. JTJ Enterprises, Inc., dba Quinn's, ratification of Application for Temporary Increase in Licensed Premises for an event on December 14, 2019, approved by Director Gerald Takase on December 12, 2019, to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawaii. Raymond: Move to ratify. Thomas: Second. Ms. Raymond moved to ratify the Application for Temporary Increase in Licensed Premises for an event on December 14, 2019, submitted by JTJ Enterprises, Inc., dba Quinn's, approved by Director Gerald Takase on December 12, 2019, to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawaii; seconded by Ms. Thomas. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carries. The motion was carried unanimously. Onizuka: Item 7, ratification of Application for Individual Importation of Liquor Permit. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 30 7. Chris E. Duval, ratification of Application for Individual Importation of Liquor Permit for various liquors (inventory on file) as part of household goods to be delivered to 603 Ho'omalu Place, Hilo, Hawaii, approved by Director Gerald Takase on December 10, 2019. Greenwell: Move to ratify. Raymond: Second. Mr. Greenwell moved to ratify the Application for Individual Importation of Liquor Permit for various liquors (inventory on file) as part of household goods to be delivered to 603 Ho`omalu Place, Hilo, Hawaii, submitted by Chris E. Duval, approved by Director Gerald Takase on December 10, 2019; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? Thomas: Do you have the list? Takase: Yes, it should be in your packet. Masuda: It's in the back of the application. It's three pages long. Onizuka: Any other discussion? Thomas: Is there a household? Takase: There's a lot, but there's... Thomas: Is this a household? Gonzalez: It's his personal liquor collection. Takase: If you look at the amounts, some of them are very small. Onizuka: Commissioner Thomas, are you okay with that? Thomas: Yes. Onizuka: Moved and seconded. Any other discussion? There was no other discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 31 Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carries. The motion was carried unanimously. Onizuka: No. 8, Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club. 8. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, acceptance of the notice of change of officer, with the resignation of Teri Cooper, Treasurer; and the appointment of Barbara Nance as Acting Treasurer, effective November 14, 2019, and November 21, 2019, respectively, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Raymond: Move to accept. Greenwell: Second. Ms. Raymond moved to accept the notice of change of officer, with the resignation of Teri Cooper, Treasurer; and the appointment of Barbara Nance as Acting Treasurer, effective November 14, 2019, and November 21, 2019, respectively, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any other discussion? There was no other discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 32 Onizuka: Kona Surf Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay. 9. Kona Surf Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay, ratification of request to allow a band to play at Ray's on the Bay from 10:00 P.M., December 31, 2019, until 12:30 A.M., January 1, 2020, approved by Director Gerald Takase on December 20, 2019, to its Hotel liquor license, located at 78-128 'Ehukai Street, Kailua-Kona, Hawaii. Thomas: Move to ratify. Raymond: Second. Ms. Thomas moved to ratify the request submitted by Kona Surf Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay, to allow a band to play at Ray's on the Bay from 10:00 P.M., December 31, 2019, until 12:30 A.M., January 1, 2020, submitted by Kona Surf Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay, approved by Director Gerald Takase on December 20, 2019, to its Hotel liquor license, located at 78-128 `Ehukai Street, Kailua-Kona, Hawai`i; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Item No. 10, which was added on. 10. Mauna Kea Resort LLC, dba The Westin Hapuna Beach Resort, ratification of Application for Alteration Permit, for renovation of the former Hakone Restaurant into a Wellness Center, approved by Director Gerald Takase on December 31, 2019, to its Hotel liquor license, located at 62-100 Kaunaba Drive, Kamuela, Hawai'i. Onizuka: Motion to ratify? JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 33 Ibarra: So move. Raymond: Second. Mr. Ibarra moved to ratify the Application for Alteration Permit, for renovation of the former Hakone Restaurant into a Wellness Center, submitted by Mauna Kea Resort LLC, dba The Westin Hapuna Beach Resort, approved by Director Gerald Takase on December 31, 2019, to its Hotel liquor license, located at 62-100 Kauna`oa Drive, Kamuela, Hawaii; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Special Licenses Issued for Ratification; requesting a motion for ratification of Special Licenses, Application Nos. SP-19-71 to SP-19-81, Item Nos. 11(a) to 11(k). Raymond: Move to ratify. Hughes: Second. Ms. Raymond moved to ratify the following Special Licenses: 11. Special Licenses Issued for Ratification a. Application No. SP-19-71, Hospice of Hilo, dba Hawaii Care Choices, for a Special Beer and Wine liquor license on December 2, 2019, at Hilo Hawaiian Hotel, located at 71 Banyan Drive, Hilo, Hawai'i. b. Application No. SP-19-72, Alexander & Duke De Rego Foundation, dba Alexander& Duke De Rego Foundation, for a Special Beer and Wine liquor license on December 6, 2019, at 64-783 Paeli Alanui, Kamuela, Hawaii. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 34 c. Application No. SP-19-73, Hawaii Rangeland Stewardship Foundation Inc., dba Hawaii Rangeland Stewardship Foundation Inc., for a Special Beer and Wine liquor license on December 2, 2019, at The Club at Hokuli'a, located at 81-6636 Pu'u Ohau Place, Kealakekua, Hawaii. d. Application No. SP-19-74, Kona Dance & Performing Arts, Inc., dba Kona Dance & Performing Arts, Inc., for a Special Beer and Wine liquor license on December 7, 2019, in the parking lot, located at 81-973 Haleki'i Street, Kealakekua, Hawai'i. e. Application No. SP-19-75, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on December 7, 8, 13, 14, 21-23, and 27, 2019, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawai'i. f. Application No. SP-19-76, Hawaiian Islands Land Trust, dba Hawaiian Islands Land Trust, for a Special General liquor license on December 7, 2019, at Merriman's, located at 65-1227 Opelo Road, Waimea, Hawai'i. g. Application No. SP-19-77, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on December 14, 2019, at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii. h. Application No. SP-19-78, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on December 19, 2019, at the Palace Theater (Lobby), located at 38 Haili Street, Hilo, Hawai'i. Application No. SP-19-79, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license on December 27, 2019, at Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii. j. Application No. SP-19-80, Na Leo '0 Hawaii, Inc., dba Na Leo TV, for a Special Beer and Wine liquor license on December 20, 2019, in Sangha Hall, located at 424 Kilauea Avenue, Hilo, Hawaii. k. Application No. SP-19-81, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license on January 5, 10-12, 14, 17, 19, 26, and 31, 2020, at Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 35 The motion was seconded by Mr. Hughes. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Transient Vessel Licenses Issued for Ratification; requesting a motion for ratification of Transient Vessel License, Application Nos. TV-19-43 to TV-19-48, Item Nos. 12(a) to 12(f). Raymond: Move to ratify. Hughes: Second. Ms. Raymond moved to ratify the following Transient Vessel Licenses: 12. Transient Vessel Licenses issued for ratification a. Application No. TV-19-43, Seabourn Cruise Line Limited, dba Seabourn Sojourn, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on May 18, 2020. b. Application No. TV-19-44, Holland America Line N.V., dba ms Eurodam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawai'i on March 11 and 26, 2020. c. Application No. TV-19-45, Holland America Line N.V., dba ms Eurodam, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on March 7 and 29, 2020, and April 25, 2020. d. Application No. TV-19-46, Holland America Line N.V., dba ms Maasdam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on March 25, 2020. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 36 e. Application No. TV-19-47, Holland America Line N.V., dba ms Maasdam, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on March 26, 2020. f. Application No. TV-19-48, Holland America Line N.V., dba ms Oosterdam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on March 27, 2020. The motion was seconded by Mr. Hughes. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. IX. Announcements Onizuka: Liquor Commission meetings. February 6, 2020, 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. March 5, 2020, 10:00 A.M., Meeting Room, Department of Liquor Control, Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. Onizuka: Any other (announcements)? There were no other announcements. X. Adjournment Onizuka: Call for adjournment. Thomas: Move to adjourn. JANUARY 2, 2020—LIQUOR COMMISSION MINUTES 37 Raymond: Second. Ms. Thomas moved to adjourn; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition from the Commissioners. Onizuka: Motion carried. The meeting is adjourned. The motion was carried unanimously. The meeting adjourned at 11:01 A.M. .Id Takase Di -ctor The January 2, 2020, Liquor Commission minutes were approved as circulated via email/mail on January 30, 2020, by the Liquor Commission of the County of Hawaii on February 6, 2020. JANUARY 2, 2020-LIQUOR COMMISSION MINUTES 38