2020-05-21 Liquor Adjudication Board Minutes

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COUNT 2 Violation of Rule 5-3 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 current list of persons in active charge of the premises posted within the licensed premises; and, COUNT 3 Violation of Rule 5-10(B) 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 post signs regarding (1) illegal sales of alcohol to minors; (2) any signs as required by the Commission; and (3) any other signs required by law. Please state your appearance for the record. Renee? Schoen: Good morning, Mr. Chair and members of the Board, Renee Schoen, Assistant Corporation Counsel on behalf of the Department. Smith: Ms. Schoen, could you please read the Complaint and Accusation, and the Answer to the Complaint? Schoen: In the Matter of the Accusation Against WHR LLC, dba Sundries Store (The), located at 93 Banyan Drive, Hilo, Hawaii, there are three counts. Count 1 states that on or about the the 15th day of January 2020, in the County and State of Hawaii, the Licensee, WHR LLC, dba Sundries Store (The), violated Section 281-44(a) of the Hawaii Revised Statutes, as amended, for failure to post a sign in or about the premises containing and notifying all customers and other persons of the possible sanctions that may be imposed for operating a vehicle under the influence of an intoxicant under Sections 291 E-41 and 291 E-61, more commonly known as a "D.U.I. poster." Count 2 states that on or about the 15th day of January 2020, in the County and State of Hawaii, the Licensee, WHR LLC, dba Sundries Store (The), violated Rule 5-3 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 current list of persons in active charge of the premises posted within the licensed premises. Count 3 states that on or about the 15th day of January 2020, in the County and State of Hawaii, the Licensee, WHR LLC, dba Sundries Store (The), violated Rule 5-10(B) 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 post signs regarding: (1) illegal sales of alcohol to minors; (2) any signs as required by the Commission; and (3) any other signs required by law. The Licensee, WHR LLC, dba Sundries Store (The), has selected Alternative II, admitting to the allegations and waives its right to a hearing and appeal, but requested an informal hearing to present the circumstances surrounding the violations. MAY 21, 2020 - LIQUOR ADJUDICATION BOARD MINUTES 4