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Smith: Mr. Gonzalez, please read the Complaint and Accusation and the Answer to the
<br />Complaint.
<br />Gonzalez: The Complaint and Accusation, in this case, reads that on or about the 15th day of
<br />November 2019, in the County and State of Hawai'i, the Licensee, Daylight Mind, Inc., dba
<br />Daylight Mind, did fail to submit its payment of percentage fees due for the license year by
<br />November 15, 2019, in violation of Rule 3-6(C) of the Rules and Regulations of the Liquor
<br />Commission of the Department of Liquor Control of the County of Hawai'i, State of Hawaii.
<br />There is no answer to the Complaint, since the Licensee, to the knowledge of the Department,
<br />has left the jurisdiction. By default, it moves to Alternative III.
<br />Gonzalez: Mr. Chair, my offer of proof of sufficient notice, in this case, would be as follows if
<br />you would allow me.
<br />Smith: Yes, go ahead.
<br />Gonzalez: I would like to submit as Exhibits 1 A, 1 B, and 1 C. One set is yours, Dorsi, and one
<br />set is for the Chair.
<br />Exhibits 1 A, 1 B, and 1 C were entered and provided to Mr. Smith.
<br />Gonzalez: The Exhibits are the Department's efforts to contact Mr. Colin Finn, the owner of
<br />Daylight Mind. Exhibit 1A, for the record, is the timeline of us contacting Mr. Colin Finn from
<br />October 18th in person, notifying him to pay his percentage fees, all the way through
<br />November 7, 2019, where we did a residence check, and the neighbors said that (Mr.) Finn
<br />moved out and moved to Australia. The Department also attempted to notify Mr. Finn via
<br />certified mail, and that is Exhibits 1 B and 1 C. The ones accepted into evidence, those are
<br />returned certified mail documents that we mailed out on January 29th with the Complaint and
<br />Accusation; returned to our office on February 7, 2020. You will note that we mailed it to the
<br />last known place of business and also his last know residential address.
<br />Gonzalez: The Department also emailed Mr. Finn at his last known working email, a copy of
<br />the Complaint and Accusation, on or about January 29, 2020. There has been no response.
<br />Smith: Did you want to go over the other Exhibits, too?
<br />Gonzalez: For the Exhibits relating to us providing him sufficient notice of the hearing, that's
<br />all I want to do now. Exhibit 2 will be for the basis of the violation.
<br />Smith: There's another Daylight Mind on Ali'i Drive, right?
<br />Gonzalez: Yes.
<br />Smith: Are you going through similar gyrations on that location?
<br />Takase: No, he sold it and they followed the proper procedures. Everything was paid up in
<br />that case. We missed this. When I spoke with him about it, he said he just needed to sell that
<br />location to capitalize on the location. The next thing I know, he was gone.
<br />FEBRUARY 20, 2020 - LIQUOR ADJUDICATION BOARD MINUTES 23
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