2020-05-21 Liquor Adjudication Board Minutes

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Smith: A written Decision and Order shall be provided together with the Findings of Fact and Conclusions of Law. A written Decision and Order shall be prepared and served upon the Licensee which will be due and payable within thirty (30) days of the issuance. Smith: Thank you very much. We're going to move back to the next item. Item 3 (Hearings), which is Case No. 2020-007, Daylight Mind, Inc., dba Daylight Mind Coffee Company at Ali'i Drive. This is a different case than Case No. 2020-004 for Daylight Mind, Inc., dba Daylight Mind (Queens' MarketPlace) for Unfinished Business. There were two different locations that failed to submit percentage fees. The two cases overlap in time. 3. CASE NO. 2020-007 (10:25 A.M.) In the Matter of the Accusation Against Daylight Mind, Inc., dba Daylight Mind Coffee Company, formerly located at Waterfront Row, 75-5770 Ali'i Drive, Restaurant 1, Kailua-Kona, Hawaii. Formal Hearing (Alternative III) on violation of Rule 3-6(C) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawai'i, State of Hawai'i, for failure to submit its payment of percentage fees due for the license year by November 15, 2019. Smith: I believe the Licensee is not present. It is my understanding that after diligent search by the Department, the Licensee in this case cannot be found, resulting in this matter defaulting to Alternative III, Formal Hearing, pursuant to Rule 1.8(d). This is for violation of Rule 3-6(C) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawai'i, State of Hawai'i, for failure to submit its payment of percentage fees due for the license year by November 15, 2019. Smith: Ms. Schoen, are you ready to proceed with the case? Schoen: Yes, I am, Mr. Chair. Smith: Please proceed. Schoen: Mr. Chair, the complaint states that on or about the 15th day of November 2019, in the County and State of Hawai'i, the Licensee, Daylight Mind, Inc., dba Daylight Mind Coffee Company, did fail to submit its payment of percentage fees due for the license year, in violation of Rule 3-6(C) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawai'i. Schoen: I have exhibits that should have been emailed to the Board Members. They consist of Exhibits 1A through C, which documents the Department's efforts to serve Mr. Colin Finn at his last known residential and business addresses. You will see that Exhibits 1A and B show the proof that we mailed to him at the last known business address and residence MAY 21, 2020 - LIQUOR ADJUDICATION BOARD MINUTES 12