2020-02-20 Liquor Adjudication Board Minutes

Home

and B105, Kailua-Kona, Hawai'i. This is an Informal Hearing (Alternative II) on violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawai'i, State of Hawaii, for failure to have a person duly approved by the Department of Liquor Control as a Person in Active Charge of the premises. Michael Armstrong, General Manager, was present. Smith: Mr. Armstrong, please state your appearance for the record. Armstrong: Mike Armstrong, I'm the General Manager of Umekes, LLC. Smith: Thank you very much. Mr. Gonzalez, can you please read the Complaint and Accusation and the Answer to the Complaint. Gonzalez: Yes. Mr. Chair and Members of the Board, the Complaint and Accusation reads that on or about the 4th day of November 2019, in the County and State of Hawai'i, the Licensee, Umekes, LLC, dba Umeke's Alii Plaza, did fail to have a person duly approved by the Department Liquor Control as a person in active charge of the premises at all times while the premises was open for business to provide supervision in the exercise of the liquor license in accordance with the liquor laws, in violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawai'i. The Licensee has selected Alternative II, they admitted the allegation and they waived their right to a hearing and appeal, but they request an informal hearing to present the circumstances surrounding the violation. Smith: Okay, thank you very much. Do I have a motion to find the Licensee in violation of the charge? Taniguchi: So move. Mukai: Second. Mr. Taniguchi moved that the Licensee in Case No. 2020-001, be found in violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, Person in Active Charge; seconded by Mr. Mukai. Smith: Thank you. Motion by Art, second by Dwayne. Is there any discussion from Board Members? If not, I'd like to vote on the question. There was no discussion from the Board Members. Smith: All those in favor of the motion please say, "Aye." The Board Members voted "Aye." FEBRUARY 20, 2020 - LIQUOR ADJUDICATION BOARD MINUTES 3