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Mukai: So move. <br />Taniguchi: Second. <br />Mr. Mukai moved that the Licensee in Case No. 2020-006, be <br />found in violation of Rule 3-6(C) of the Rules and Regulations <br />of the Liquor Commission of the Department of Liquor Control <br />of the County of Hawaii, State of Hawaii, Failure to Submit <br />Percentage Fees; seconded by Mr. Taniguchi. <br />Smith: Thank you, Dwayne and Art. Any discussion? <br />There was no discussion from the Board Members. <br />Smith: If not, all those in favor say, "Aye." <br />The Board Members voted "Aye." <br />Smith: Any opposition? <br />There was no opposition by the Board Members. <br />Smith: The motion is unanimously carried. Thank you very much. <br />The motion was carried unanimously. <br />Smith: Mr. Gonzalez, please provide the Department recommendation for penalty in this case. <br />Gonzalez: Mr. Chair, the Department is recommending a $100 fine as part of a settlement <br />agreement with the Licensee. There was a change in ownership; one owner going out and a <br />new owner coming in. The owner going out said they would take care of the percentage fees <br />that were owed while they owned it. As part of helping them, and working with them, and their <br />willingness to work with us, we decided for a hundred dollar fine and they have paid it already. <br />They did that as part of their closing. That, also, is what drove us to recommend a hundred <br />dollars in other cases, to be consistent. <br />Gonzalez: Since these people ultimately paid the percentage fee, and this gentleman called <br />and even though he was already done, he (admitted) that he missed the deadline and he <br />would pay the fine for it. So, we set it at a hundred dollars so he could close up the business, <br />wipe his hands of it and move on. They owed $1,809.55 which they paid by a hand -delivered <br />check on November 20th, within five days. They had no previous violations at the location, and <br />as I said, as part of a settlement agreement with the Department to assist them with their <br />closing, we agreed to a hundred dollar fine, subject to your ratification. <br />Smith: So, we're validating or confirming what's already be done? <br />Gonzalez: Yes. <br />FEBRUARY 20, 2020 -LIQUOR ADJUDICATION BOARD MINUTES 21 <br />