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HomeMy WebLinkAbout2021-01-07 Liquor Commission Minutes COUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — JANUARY 7, 2021 WEBEX I. Call To Order The meeting was called to order by Chair Hughes at 10:02 A.M., via WebEx (tele/video conferencing). The following were present and constituted a quorum: Commissioners: Michael Hughes, Chair Dawn Raymond, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Ronald Ibarra, Commissioner Allen Salave`a, Commissioner Paula Thomas, Commissioner Absent and Excused: Claude Onizuka, Commissioner Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Danny Patel, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Hau`oli Sayles, Secretary to the Board and Commission Dorsi Lim, Clerk Hughes: I'd like to call the meeting to order, my name is Mike Hughes, I'm the Chairman of the Commission. The time is 10:02 a.m. Participants, set their device microphones to mute when we're conducting the meeting via WebEx. Some of you have both audio and video, some just have audio. We are recording the meeting, so please remember a couple of things. Speak one at a time, and number 2, if you do speak, unmute your microphones, state your name, proceed with your statement or question, and when done, mute your microphone. We'll now do roll call, Brandon if you would go ahead, please? Gonzalez: Thank you, Mr. Chair. Dawn Raymond, Vice Chair. Raymond: Present. Gonzalez: Warren Arakaki, Commissioner. Arakaki: Present. Gonzalez: David Greenwell, Commissioner. Greenwell: Present. Gonzalez: Ronald Ibarra, Commissioner. Ibarra: Present. Gonzalez: Allen Salave`a, Commissioner. Salave`a: Present. Gonzalez: Paula Thomas, Commissioner. Thomas: Present. Gonzalez: Michael Hughes, Chair. Hughes: Present. Gonzalez: Present from the staff, Mr. Chair, is Gerald Takase, the Director, Brandon Gonzalez, the Administrative Officer, Danny Patel, Deputy Corporation Counsel, Stacie Waltjen, the Licensing Officer, Hau`oli Sayles, the Secretary to the Board and Commission, and Dorsi Lim, Clerk. We have one absent and excused, Commissioner Claude Onizuka. Thank you. II. Approval of Minutes (10:04 A.M.) Hughes: Okay, moving on to approval of the minutes for December 3, 2020, circulated via email or mail on December 31, 2020. 1 ask for a motion to approve the minutes? Greenwell: This is David, I'll make the motion. Hughes: And a second on that? Raymond: This is Dawn, I will second. Mr. Greenwell moved to approve the December 3, 2020, Liquor Commission minutes as circulated; seconded by Ms. Raymond. Hughes: Okay, moved and seconded. Any discussion on the minutes? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 2 There was no discussion from the Commissioners. Hughes: None heard, we'll go ahead and we'll vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Hughes: There is no addendum and/or supplemental agenda at this time. IV. Public Statements on Agenda Items Hughes: Due to the COVID-19 pandemic, and the Governor orders to stay at home and practice social distancing, the public was informed that public testimony may be submitted in writing by email or fax by noon, Wednesday, January 6, 2021. All written testimony, regardless of time of receipt, will be made a part of the permanent record for each application. Do any members of the public wish to make any statements at this time? There was no reply from the public. Hughes: None heard, we'll move on to our first public hearing. V. Public Hearings Hughes: Item 1, Application No. 20-11, MS Honokaa, LLC, dba Minit Stop (Honoka'a), applying for an original Retail General liquor license. 1. APPLICATION NO.: 20-11 (10:06 A.M.) APPLICANT: MS Honokaa, LLC TRADE NAME: Minit Stop (Honoka'a) PLACE OF BUSINESS: 45-3550 Mamane Street, Honokaa, Hawaii TM K: 4-5-016:009 LICENSE APPLIED FOR: Original Retail General liquor license Diane Kennedy, Manager, was present. Hughes: Call for the applicant or the representative, are they present? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 3 Kennedy: Yes, Diane Kennedy. Hughes: Okay. If you would state your relationship to the business, please? Kennedy: I am the Manager of the LLC, and I'm also the controller. Hughes: Okay. Are there any changes to the report? Kennedy: No, there is not. Hughes: Okay. If you would describe the business, please? Kennedy: We are a convenience store. We sell gas, and our famous chicken. Hughes: Okay. Director, are there any reports of protest? Gonzalez: Mr. Chairperson, the applicant mailed 11 out of 13 notices within 100 feet, 67 out of 70 within 500 feet, there were 68 properties entitled to protest, and we did not receive protest to this application. Thank you. Hughes: Thank you. Is there any public testimony for this applicant? There was no public testimony. Hughes: None heard. Commission, open for discussion, questions? There were no discussion from the Commissioners. Hughes: If none, I'd ask for a motion to close public hearing? Greenwell: I'll make the motion to close the public hearing, this is David. Raymond: This is Dawn, I will second. Mr. Greenwell moved to close the public hearing; seconded by Ms. Raymond. Hughes: Thank you, moved and seconded. Go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: None heard, motion carries. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 4 The motion was carried unanimously. Hughes: Ask for a motion to approve Application No. 20-11, pending final inspection? Greenwell: This is David, I'll make the motion to approve Application 20-11, pending final inspection. Hughes: Thank you. Thomas: Commissioner Thomas, I second. Mr. Greenwell moved to approve Application No. 20-11, MS Honokaa, LLC, dba Minit Stop (Honoka'a), for an original Retail General liquor license, located at 45-3550 Mamane Street, Honoka`a, Hawaii, TMK: 4-5-016:009, pending final inspection; seconded by Ms. Thomas. Hughes: Moved and seconded, any further discussion? There was no discussion from the Commissioners. Hughes: None heard, we'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: None heard, motion carries. The motion was carried unanimously. Hughes: Okay, moving on to Item 2, Application No. 20-12, Tabaraka LLC, dba Tabaraka, applying for an original Restaurant General liquor license, Category B1. 2. APPLICATION NO.: 20-12 (10:09 A.M.) APPLICANT: Tabaraka LLC TRADE NAME: Tabaraka PLACE OF BUSINESS: 272 Waianuenue Avenue, Hilo, Hawaii TM K: 2-3-014:015 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Fares Boughanem, Owner, and Olivia Grodzka, Manager, was present. Hughes: Is the applicant present? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 5 Grodzka: Yes, present. My name is Olivia Grodzka, and I am the lead manager. Hughes: Okay, wonderful. Are there any changes to your report? Grodzka: No. Hughes: If you would briefly describe your business, please? Grodzka: Yes, we are a Lebanese restaurant, family-owned. Hughes: Director, are there any reports of protest? Gonzalez: Mr. Chair, the applicant mailed 9 out of 11 notices within 100 feet, 50 out of 54 notices within 500 feet, there were 49 properties entitled to protest, and we did not receive protest to this application. Hughes: Thank you. Is there any public testimony for this applicant? There was no public testimony. Hughes: None heard. Commission, open for discussion and questions? Hughes: Just a quick question, what type of food would you be serving? Grodzka: So we have, if you're familiar, falafel, and shawarma, and kababs. And we have mazy plates, and baklava, and more food coming down the pike. Hughes: Oh nice, yummy. Thomas: Chairman, I have a question. What's the range of alcohol that you intend to be serving or making available? Grodzka: We intend to have a full bar down the line. But in the near future, will likely just be wine and beer. And no mix cocktails or anything like that, no hard liquor. But believe that our application was for all forms of alcohol. Hughes: Any other further questions? There was no discussion from the Commissioners. Hughes: I would ask for a motion to close public hearing? Thomas: This is Commissioner Thomas, I move to close public hearing. Raymond: This is Dawn, I will second. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 6 Ms. Thomas moved to close the public hearing; seconded by Ms. Raymond. Hughes: Motion moved and seconded. Any further discussion? There was no discussion from the Commissioners. Hughes: None heard. We'll go ahead and vote. "Aye?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: I would ask for a motion to approve or deny Application No. 20-12, pending final inspection? Thomas: This is Commissioner Thomas, I move to approve Application No. 20-12, pending final inspection. Greenwell: David, second. Ms. Thomas moved to approve Application No. 20-12, Tabaraka LLC, dba Tabaraka, for an original Restaurant General liquor license, Category 131, located at 272 Waianuenue Avenue, Hilo, Hawaii, TMK: 2-3-014:015, pending final inspection; seconded by Mr. G re e n we I I. Hughes: It's been moved and seconded. Any further discussion? There was no discussion from the Commissioners. Hughes: None heard. We'll go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: None heard, motion carries. Thank you so much. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 7 The motion was carried unanimously. Grodzka: Alright, see you at the restaurant. Hughes: Wonderful. Hughes: Item 3, Application No. 20-13, Blue Prince, Inc., dba Sunflower Karaoke Bar & Grill, applying for an original Dispenser General liquor license, Category B2 and D. 3. APPLICATION NO.: 20-13 (10:13 A.M.) APPLICANT: Blue Prince, Inc. TRADE NAME: Sunflower Karaoke Bar & Grill PLACE OF BUSINESS: 74-5467 Kaiwi Street, Suite 6, Kailua-Kona, Hawaii TM K: 7-4-015:017 LICENSE APPLIED FOR: Original Dispenser General liquor license, Category B2 and D Miho Yoneyama, Authorized Representative, and Sun Hui Yim, Owner, was present. Hughes: Do we have representatives online? Yoneyama: Yes, we are here. This is Miho Yoneyama, speaking on behalf of Sun Hui Yim. She is also here on WebEx. Hughes: Okay, are there any changes to the report, Miho? Yoneyama: No. Hughes: Okay. And if you would describe the business to us, please? Yoneyama: It is a karaoke bar, with a little bit of pupus. Hughes: Director, any reports of protest? Gonzalez: Thank you, Chair. The applicant mailed 2 out of 2 notices within 100 feet, 20 out of 20 notices within 500 feet. There were 10 properties entitled to protest, we did not receive protest to this application. Thank you. Hughes: Thank you very much. Commission, any discussion, questions to the testifier? There was no discussion from the Commissioners. Hughes: None heard. Asking for a motion to close public hearing? Ibarra: This is Ron, I move. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 8 Hughes: Motion was made by Ron. Do I have a second? Raymond: This is Dawn, I'll second. Mr. Ibarra moved to close the public hearing; seconded by Ms. Raymond. Hughes: Thank you. Discussion on the motion? There was no discussion from the Commissioners. Hughes: Any questions? I just have one question. Category 132 and D, can you tell me what D is? Takase: Mike, this is Gerald. Category D is a hostess designation. So they can have hostesses sit with customers. Hughes: Okay. Any further questions from the Commission? There was no discussion from the Commissioners. Hughes: None heard. Ask for a motion to approve or deny Application No. 20-13, pending final inspection? Greenwell: This is David, I'll make that motion to approve Application 20-13, pending final inspection. Hughes: Do I have a second on the motion? Arakaki: Warren, second. Mr. Greenwell moved to approve Application No. 20-13, Blue Prince, Inc., dba Sunflower Karaoke Bar & Grill, for an original Dispenser General liquor license, Category B2 and D, located at 74-5467 Kaiwi Street, Suite 6, Kailua-Kona, Hawaii, TMK: 7-4-015:017, pending final inspection; seconded by Mr. Arakaki. Hughes: Motion moved and seconded. We'll go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries, thank you very much. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 9 The motion was carried unanimously. Yoneyama: Thank you very much. Hughes: You're welcome. Gonzalez: Mr. Chair? Hughes: Yes? Gonzalez: I'm sorry to interject here. I might have missed it, but was there a formal vote on closing the public hearing? Hughes: Yes, I believe. Yeah I checked it off, so we must've. Gonzalez: Alright, thank you. Hughes: Thank you. Okay, moving onto Item 4, Application No. 20-14, The Club at Discovery Harbour LLC, dba The Club at Discovery Harbour LLC, applying for an original Club liquor license, Category B1. 4. APPLICATION NO.: 20-14 (10:16 A.M.) APPLICANT: The Club at Discovery Harbour LLC TRADE NAME: The Club at Discovery Harbour PLACE OF BUSINESS: 94-1581 Kaulua Circle, N5'51ehu, Hawaii TM K: 9-4-001:019 LICENSE APPLIED FOR: Original Club liquor license, Category B1 Sharon Shining, Member, was present. Hughes: Is there a representative for this business? Shining: Yes, this is Sharon Shining. Hughes: Okay, if you would state your relationship to the business. Shining: I'm a member of the LLC. Hughes: Okay. Are there any changes to the report? Shining: No. Hughes: Okay, and if you would briefly describe your business, please? Shining: Yes, it is a members-only bar and social club. Hughes: Okay. Director, are there reports of protest? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 10 Gonzalez: Thank you, Mr. Chair. The applicant mailed 10 out of 11 notices within 100 feet, 42 out of 44 notices within 500 feet. There were 44 properties entitled to protest, and we have received 1 protest to the application, submitted by Christopher and Karen Baker, by letter dated December 20, 2020. The main concerns, as contained within the letter that has been provided to the Commissioners, are regarding loudness of music, hours of operation of music, days of week of music, and a question of whether it is outside music, or limited to inside the premises. also believe that the protester has joined the meeting, along with a couple other individuals from the neighborhood. Mr. Cliff Moon, and there's an unregistered phone number. Thank you. Hughes: Okay. At this time, do we have any public testimony? Baker (Karen): Yes. We're concerned about the noise in the neighborhood. Can you hear me? Hughes: Ma'am? If you would start by stating your name, please? Baker (Karen): Okay. I'm Karen Baker, I'm co-owner of this property at 94-1555 Kaulua Circle, and we just have a concern about noise in the neighborhood. We had been part of the group that had not really wanted to have the other liquor license approved, and it was approved. We did have a lot of noise in the neighborhood. First, that was more like a public bar, and we don't know, or have experience with the members-only bar at this point in time. We just want to make sure our concerns are addressed. Baker (Chris): My name is Chris Baker, and I'm Karen's husband. And it's the same address, 94-1555 Kaulua Circle. We are not totally opposed to club members having drinks within the club. I had concerns because, isn't this application for about 3 or 4 acres, or something like that? And, within that, the noise is terrible, and even recently, I've heard music coming from that direction again. And cars burning out, and I mean I don't know if it was a concert guys, I'm not saying that. I'm just saying, I can hear the music in that club. The last time that was operational, it was horrible, and then cars wheeling out from the parking lot. I can hear people outside arguing and talking, and blank this and blank that. It was horrible the last time, and I'm not over here seeing these new people, I don't know them. But I'm just saying, we would like to see some kind of our solution to the noise and from the music. Something attached, that would be solid, and I don't know the people that are doing it. I don't have the agenda, I just, the noise is just horrible, coming from that, and I don't know if people realize that. We're the first house on the right hand side of Kaulua, to the club. So basically, that's my thing. Hughes: Thank you very much. Baker (Chris): Thank you, guys. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 11 Hughes: Are there any other public testimony for this applicant? Hughes: None heard. I'll open it up to the Commissioners for discussion. Gonzalez: You're on mute. Mr. Chair, I'm sorry for the interruption. It looks like the other community member, Mr. Moon, is talking. Moon: Can you hear me? Hughes: Yes, go ahead please. Moon: My name is Cliff Moon, 93-1367 Kaulua Circle. My concern is somewhat like the Baker's, because there was a lot of noise previously. In talking with people that are volunteering to work at the club, they'd promised to keep the noise down, and I really do believe they were trying to do that. But, there again, we didn't work, make it known where, and avoid the difficulty. Because, really what goes on over there, it's almost just as loud over here. And the other thing is, you probably wouldn't realize, or something that you wouldn't realize, is that there used to be a basketball hoop in that front driveway, that you all had taken out now. Not only is a pool in there, but also the basketball hoop, is the bar in there after the pool, they shoot baskets there. But whenever the basketball hit the pavement or the backboard, it just was a huge noise over here, and they are constant, constant, constant. Even just trying to work out in my own yard, it was such an annoyance from the neighbors from the basketball. I love yard work, it's bothering me. The basketball noise was really a nuisance. I know that you're considering putting in a basketball court along by the tennis court. I would just really ask that maybe possibly reconsider that. And the fact that you are going to be open 7 days a week, even on Sundays. I just want them to be good neighbors and start at least noon. Hughes: Okay, thank you very much. Commissioners, open up for a discussion and questions, please? Salave`a: Yes, this is Commissioner Salave`a. Can the applicant describe to us, the hours, and types of music that is being played? Is it live, is it recorded music? Can you give us a sense, or more detail as to the type of music being played, and when it's being played? Shining: Well, the building is open only for the golfers to check in. We have had no music activities in the whole year of COVID, and we have not had any type of music or any type of thing, other than golfers using the building to check in to play golf, and the pickle ball people, which are also members being allowed to come and check in, use the restrooms and play pickle ball. There has been no musical activities in this whole timeframe of COVID, or and before that even. This building never has music. There is music played on Wednesdays and Sundays in Mark Twain that we can hear all over the subdivision. And, I have no idea who those people are or where they're coming from, but it is not coming from this property. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 12 Hughes: Thank you. Salave`a: Thank you. Mr. Chair, if I may again? Hughes: Yes. Salave`a: So, moving forward here, it isn't planned, or the functions are not planned to occur, including live music in the building? It's not a thing that occurs there, especially outside of the building? Shining: No. We maybe will have a local ukulele player for background music. You know, there's a lot of, our members. But maybe we'll be doing that, but we don't have no plans. This is for golf and social members only, inside would be whatever. Salave`a: Thank you. Mr. Chair, I yield. Hughes: Thank you. Are there any other questions from the Commission? Arakaki: Yes, this is Commissioner Arakaki, I had a couple questions. For the club membership, approximately how many members do you have, and what is the capacity of the building that you have the liquor served? Shining: We have approximately 120 club members, 58 golf members of that 120, and the building capacity inside the building is 75. There is an outside covered tent area, we do not plan on having large gatherings. Also, members come play pickle ball in the mornings on Monday, Wednesday, Friday. The golfers come out and play until about 3:00 in the afternoon and it's just a golfers' private club. Thank you. Thomas: I have a question, this is Commissioner Thomas. The Baker's had indicated that they were concerned about the arguments and swearing. Is that activity coming from your property, or somewhere else in the subdivision? Shining: There has been no musical anything going on here except for golfers and social pickle members signing in. The music that they Thomas: I didn't ask about music, I asked about Shining: There has been nothing in the parking lot. The golfers park anytime of the day, there's maybe 2 or 3 cars in the parking lot that are the volunteers that are here checking in the golfers. Before, it's golfers who drive here, or the pickle ball people that drive here after 4:00 in the afternoon. There is no activities going on here, and those hours after dark. We have the building lit up for safety reasons, but there is no activity going, and the local police community has been making sure there is no activity here going anywhere after about 4:00. Hughes: Christopher, you have a statement? You're on mute, sir. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 13 Baker (Chris): My statement before, if I meant, it was this group right now. I'm saying, in the past, when we had a bar there, we had bands outside playing music. And so, we heard them playing music out behind the place, and as you guys know, that sound really travels. I mean, when that was in operation, we always had to close our windows on that side of the house to get through it. That's number one, I mean I totally, I don't know what they had out there, I'm not that snoopy. But I do know that recently, I've heard cars up there revving their engines, I've heard people swearing, blank blank blank. And recently and in the past, when the other club thing they had, it was horrible. The swearing, and people fighting, I mean, you guys know what I'm talking about, how people get at parties and bars, and the loud voices. I just don't understand, I don't mind them having their cocktails in the clubhouse, that's all fine. But, all I'm saying is I don't understand why we need 3 acres that way, does that mean that they can put band music outside? I would like to speak to the Commissioners on the noise and the alcohol use, that's all. Okay, I don't have an understanding with these people, and I understand the golf, it's too late to have a social. That's it. Hughes: Thank you, Christopher. Commissioners, are there any further questions for the applicant? Salave`a: Yes, if I may, just to clarify? For the applicant, just to confirm, going forward with the liquor license, a plan that you folks will be having organized music, or anything both inside or in the parking lot? If you could just respond to that. Shining: No. This is not a music based bar, I don't know where they're no. There will be nothing, this is private, this is members only. Any members that are part of this, all rules clearly state, if you are doing anything to disrupt the community in any form, you will be asked to remove yourself. You will no longer be allowed to be a member. This is members only, it's background music, ukulele playing, and playing Hawaiian music while you're visiting. But, there is no organized, we're not hiring bands, not any of that scenario. Hughes: Thank you. Salave`a: Thank you, Mr. Chair. I yield. Hughes: Any further discussion from the Commission? There was no discussion from the Commissioners. Hughes: At this time, I would ask for a motion to close public hearing. Thomas: This is Commissioner Thomas, I move to close public hearing. Hughes: Do I have a second on that motion? Salave`a: Second. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 14 Ms. Thomas moved to close the public hearing; seconded by Mr. Salave`a. Hughes: Moved and seconded. Discussion from the Commission on this applicant? Hughes: Question to Gerald. If we approve this applicant, your inspectors would be supervising, or they would be inspecting, if there were issues that arose, correct? Takase: Yes, Mr. Chairman. The department will continue to monitor the situation. For the community members that have participated today, if you do have problems with noise or other things in the future, please feel free to call the department, and we will work both with the applicant and the members of the public, to try to make sure that there are no problems. Hughes: Gerald, another question. You know, that was mentioned, 3 acres. Actually, the liquor license just pertains to the building itself, correct? Takase: I don't have the file in front of me, but I think it was the clubhouse area, as well as, the tennis courts in that area as well. So, that kind of constitutes the 3 acres, but we can get a better understanding of where. Usually with clubhouses and clubs, they license the adjacent areas as well, in case they have outdoor functions, weddings, and other parties and things of that nature. But we can work with them and determine exactly where they want to have the license. I don't believe we're licensing the course in this case, so it's just the area immediately surrounding the clubhouse. Gonzalez: Mr. Chair, Mr. Director, this is Administrative Officer Gonzalez. The Director is correct. The proposed licensed premises, according to the Licensing Officer's report, is it encompasses approximately 3.69 acres of land, which means the clubhouse, the tennis, pickle ball, basketball court, the open covered concrete slab area, and the pool. And like the Director described, the grassy area around that so that members can go from one area to another. And when we do the final inspection, we will clarify, as the Director said, the areas of consumption with the licensee. Thank you. Hughes: Thanks, Brandon. Okay, are there any further questions from the Commission? There was no discussion from the Commissioners. Hughes: None heard. I'd ask for a motion to approve or deny Application No. 20-14 Patel: Mr. Chair, this is Danny Patel. I think you have to vote on the motion to close the public hearing, correct? Hughes: You're right. Thank you. We'll go ahead and vote on the motion. "Ayes?" The Commissioners voted "Aye." JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 15 Hughes: "Nays?" There was no opposition by the Commissioners. The motion was carried unanimously. Hughes: Any further discussion? There was no discussion from the Commissioners. Hughes: None. I'd ask for a motion to approve Application No. 20-14, pending final inspection? Salave`a: This is Salave`a, I so move. Hughes: Mr. Salave`a. Greenwell: Chair, this is David. Hughes: Yes. Greenwell: In this motion of approval, should there be any stipulation on further inspections being done? Or is that just going to happen automatically? Hughes: The way the motion is made right now, is to approve the application, pending final inspection. Must we decide to amend that? Takase: David, this is Gerald. We do have investigators out in the field, and they routinely cover the Ka`u area as well. So, we will try to monitor the situation down there as part of that routine. Greenwell: Gerald? Takase: Yes. Greenwell: I think the subject was brought up about 3 plus acres, is very, very broad, and I would hate to set a precedent of allowing people to have such a large area. Takase: We'll look at that again, but I think when we looked at it originally, those were all the kind of amenities that they had down in that area. So, it just encompassed all of those things. As Brandon talked about, the swimming pool, the pickle ball and tennis courts. They also have kind of a big open area behind the club, if I remember correctly. So, we will try to work with them, but you know, those were the typical areas where we would expect to see serviced. Greenwell: Thank you. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 16 Hughes: So, we have a motion on the floor to approve Application No. 20-14. Do I have a second on that motion? Arakaki: Second. Mr. Salave`a moved to approve Application No. 20-14, The Club at Discovery Harbour LLC, dba The Club at Discovery Harbour LLC, for an original Club liquor license, Category B1, located at 94-1581 Kaulua Circle, Na`alehu, Hawaii, TMK: 9-4-001:019, pending final inspection; seconded by Mr. Arakaki. Hughes: It was moved and seconded. Any further discussion? There was no discussion from the Commissioners. Hughes: None heard. We'll go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: None heard, motion carries. Thank you very much. The motion was carried unanimously. Shining: Thank you, and our goal is to be a good neighbor to all the community here, so please reach out to us. Hughes: Appreciate it, thank you very much. Good luck. Moving on. Hughes: Item 5, Application No. 20-15, Your Secret Cellar, LLC, dba Your Secret Cellar, applying for an original Retail General liquor license. 5. APPLICATION NO.: 20-15 (10:41 A.M.) APPLICANT: Your Secret Cellar, LLC TRADE NAME: Your Secret Cellar PLACE OF BUSINESS: 64 Keawe Street, Space 302, Hilo, Hawaii TM K: 2-3-005:007 LICENSE APPLIED FOR: Original Retail General liquor license Ian Hatch, Member, was present. Hughes: Is the representative present? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 17 Hatch: Yes, Ian Hatch. Hughes: If you would state your relationship to the business, please? Hatch: Member of the LLC. Hughes: Okay. Are there any changes to the report? Hatch: No. Hughes: If you would briefly describe the business. Hatch: Sure, it's an online specialty whiskey and wine retail. Hughes: Okay. Director, are there any reports of protest? Gonzalez: Mr. Chair, this is an application for an original license. The applicant mailed 8 out of 8 notices within 100 feet. 56 out of 56 notices within 500 feet. There were 49 properties entitled to protest. We have 0 protests for this application. Thank you. Hughes: Is there any public testimony on this applicant? There was no public testimony. Hughes: None heard. Commission, any discussion or questions for the testifier? There was no discussion from the Commissioners. Hughes: None heard. I'd ask for a motion to close public hearing? Thomas: This is Commissioner Thomas. I move to close public hearing. Raymond: This is Dawn, I'll second. Ms. Thomas moved to close the public hearing; seconded by Ms. Raymond. Hughes: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Hughes: None heard, go ahead and vote. "Aye?" The Commissioners voted "Aye." JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 18 Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: I'd ask for a motion to approve or deny Application 20-15, pending final inspection? Greenwell: This is David, I'll make that motion to approve 20-15, pending final inspection. Hughes: Do I have a second? Salave`a: Second, Commissioner Salave`a. Mr. Greenwell moved to approve Application No. 20-15, Your Secret Cellar, LLC, dba Your Secret Cellar, for an original Retail General liquor license, located at 64 Keawe Street, Space 302, Hilo, Hawaii, TMK: 2-3-005:007, pending final inspection; seconded by Mr. Salave`a. Hughes: It was moved and seconded. Any further discussion? There was no discussion from the Commissioners. Hughes: None heard. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: Alright, so that is the end of our Public Hearings. Now we go to Preliminary Hearings. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 19 Hughes: Item 1, Application No. T20-19, HI Boba Daddy, Inc., dba Kona Reef Liquor & Deli, applying for a sale and transfer of the Retail General liquor license, currently held by Manna Express, Inc., dba Kona Reef Liquor & Deli. 1. APPLICATION NO.: T20-19 (10:44 A.M.) APPLICANT: HI Boba Daddy, Inc. TRADE NAME: Kona Reef Liquor & Deli PLACE OF BUSINESS: Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii TM K: 7-5-020-007-0108 LICENSE APPLIED FOR: Sale and Transfer of the Retail General liquor license, currently held by Manna Express, Inc., dba Kona Reef Liquor & Deli Michael Lee, President, and Allan Lee, Vice President, was present. Hughes: Is there a representative online? Lee: Mike Lee. Hughes: Hello? Do we have a representative online? Gonzalez: Mr. Chair, there is a representative online, Allan Lee, but it looks like they're having signal issues. Hughes: I think he's on mute. Gonzalez: There's that caution triangle sign which usually means their data, and then Mr. Lee, you need to unmute yourself so we can hear you. Hughes: Brandon? Gonzalez: Yes, sir? Hughes: Should we move on to the others, until they can get a better connection? Gonzalez: Yes, that would be a good idea. Hughes: Okay Gonzalez: Mr. Lee? Try and sorry, Mr. Chair. I'm going to try, I think he can hear us. Mr. Lee, try disconnect and reconnect. And we'll take your matter up when you reconnect. Mr. Chair, go ahead, thank you. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 20 Hughes: Alright, we're going to move on to Item 2, Application No. 20-20, Aloha Vibes Bar & Grill LLC, dba Aloha Vibes Bar & Grill, applying for an original Restaurant General liquor I icense, Category B2. 2. APPLICATION NO.: 20-20 (10:47 A.M.) APPLICANT: Aloha Vibes Bar & Grill LLC TRADE NAME: Aloha Vibes Bar & Grill PLACE OF BUSINESS: Kona Inn Shopping Village, 75-5744 Alii Drive, Space No. 120, Kailua-Kona, Hawaii TM K: 7-5-007:021 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B2 Clement "CJ"Kanuha 111, Manager, was present. Hughes: Do we have a representative for that business? Kanuha: Aloha Commission, Aloha Kakahiaka. Clement Kanuha, Managing Member, Aloha Vibes LLC. Hughes: Alright, is there any changes to the report? Kanuha: No. Hughes: Okay, if you'd briefly describe your business, please? Kanuha: Yes, we're going to be a local bar and grill. We're going to serve pacific fusion type of food, and feature our local farmers and ranchers here. Hughes: Is there any public testimony on this applicant? There was no public testimony. Hughes: None heard. Commission, any discussion or questions for the testifier? There was no discussion from the Commissioners. Hughes: None heard. I'd ask for a motion to approve or deny Application No. 20-20. If approved, public hearing to be held on March 4, 2021, in Hilo, Hawaii. Raymond: This is Dawn, so moved. Hughes: Do I have a second on the motion? Arakaki: Warren, second. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 21 Ms. Raymond moved to approve Application No. 20-20, Aloha Vibes Bar & Grill LLC, dba Aloha Vibes Bar & Grill, for an original Restaurant General liquor license, Category B2, located at Kona Inn Shopping Village, 75-5744 Alii Drive, Space No. 120, Kailua-Kona, Hawaii, TMK: 7-5-007:021, with public hearing to be held on March 4, 2021, in Hilo, Hawaii; seconded by Mr. Arakaki. Hughes: It was moved and seconded. Any further discussion? There was no discussion from the Commissioners. Hughes: None heard. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: Okay. We'll go on to Item 3, Application No. 20-21, Ulu Development LLC, dba Magics Beach Grill, applying for increase in Licensed Premises to its Restaurant General liquor license, Category B2. 3. APPLICATION NO.: 20-21 (10:48 A.M.) APPLICANT: Ulu Development LLC TRADE NAME: Magics Beach Grill PLACE OF BUSINESS: Kona Magic Sands, 77-6452 Alii Drive, Kailua-Kona, Hawaii TM K: 7-7-008-022-0038 LICENSE APPLIED FOR: Increase in Licensed Premises to its Restaurant General liquor license, Category B2, located at Kona Magic Sands, 77-6452 Alii Drive, Kailua-Kona, Hawaii Mattson Davis, Member, was present. Hughes: Do we have a representative for this business? Davis: Yes, we do. Mattson Davis, President, Managing Member of the LLC. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 22 Hughes: Thank you. Are there any changes to your report? Davis: No, there's not. Hughes: Thank you. Would you briefly describe your business? Davis: We have a restaurant and grill in the old Jameson's location right on the ocean, there. And, with COVID, we've lost about 40% of our seating, and we were granted a temporary liquor increase of premises for a picnic area that we have, overseeing the beach. It's an enclosed area, and we see this going on for some time, and we also enjoy serving people a beer, or a beverage in that area right there. So, we just see it as a good business opportunity, and why kind of take care of it for now. Hughes: Okay. Do we have any public testimony on this applicant? There was no public testimony. Hughes: None heard. Commission, open for discussion and questions to the testifier? There was no discussion from the Commissioners. Hughes: No questions? Ask for a motion to approve or deny Application No. 20-21. If approved, public hearing to be held on March 4, 2021, in Hilo, Hawaii. Thomas: This is Commissioner Thomas, I so move. Hughes: Do I have a second on the motion? Patel: Sorry Chair, to clarify, is that move to approve or deny? Thomas: I'm sorry, move to approve. Arakaki: Warren, second. Ms. Thomas moved to approve Application No. 20-21, Ulu Development LLC, dba Magics Beach Grill, for an increase in licensed premises to its Restaurant General liquor license, Category B2, located at Kona Magic Sands, 77-6452 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-7-008-022-0038, with public hearing to be held on March 4, 2021, in Hilo, Hawaii; seconded by Mr. Arakaki. Hughes: Moved and seconded. Any further discussion? There was no further discussion from the Commissioners. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 23 Hughes: None heard. We'll go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: Thank you. Davis: Thank you. Hughes: Brandon, are we back to 1? Gonzalez: Mr. Chair, looks like Mr. Allan Lee has reconnected, yes. Hughes: We'll move back to Item 1, Application No. T20-19, HI Boba Daddy, Inc., dba Kona Reef Liquor & Deli, applying for a sale and transfer of the Retail General liquor license, currently held by Manna Express, Inc., dba Kona Reef Liquor & Deli. 1. APPLICATION NO.: T20-19 (10:51 A.M.) APPLICANT: HI Boba Daddy, Inc. TRADE NAME: Kona Reef Liquor & Deli PLACE OF BUSINESS: Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii TM K: 7-5-020-007-0108 LICENSE APPLIED FOR: Sale and Transfer of the Retail General liquor license, currently held by Manna Express, Inc., dba Kona Reef Liquor & Deli Michael Lee, President, and Allan Lee, Vice President, was present. Hughes: Representative is present, please state you name. Lee (Michael): My name is Michael Lee. Hughes: Let me ask, are there any changes to your report? Lee (Allan): No changes. We still have the liquor, deli, and convenience store. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 24 Hughes: Okay. So describing your business, it's just a deli that serves liquor? Is that correct? Lee (Allan): Yes, deli and convenience store, as well as, hard liquor and beer. Hughes: Okay, thank you very much. Lee (Allan): And cigarettes as well, or tobacco. Hughes: Okay. Is there any public testimony for this applicant? There was no public testimony. Hughes: None heard. Commission, if you have any questions for the testifier, please? There was no questions from the Commissioners. Hughes: No questions? Ask for a motion to approve or deny Application No. T20-19. If approved, public hearing to be held on February 4, 2021, in Kona, Hawaii. Arakaki: This is Warren, I'll move to approve. Hughes: Do I have a second on the motion? Salave`a: Commissioner Salave`a, second. Mr. Arakaki moved to approve Application No. T20-19, HI Boba Daddy, Inc., dba Kona Reef Liquor & Deli, for sale and transfer of the Retail General liquor license, currently held by Manna Express, Inc., dba Kona Reef Liquor & Deli, located at Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii, TMK: 7-5-020-007-0108; public hearing to be held on February 4, 2021, in Kona, Hawaii; seconded by Mr. Salave`a. Hughes: Thank you very much, we've moved and seconded. Any further discussion? There was no further discussion from the Commissioners. Hughes: None heard. Ask for a motion to ratify issuance of temporary license T-RG-421, effective December 22, 2020? Actually, you know what? Before we do that, sorry, we need to vote. Voting on the motion, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 25 There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: Okay, ask for a motion to ratify issuance of temporary license T-RG-421, effective December 22, 2020? Salave`a: Salave`a, move to ratify. Hughes: Do I have a second on the motion? Arakaki: Second. Mr. Salave`a moved to ratify issuance of temporary license T-RG-421, effective December 22, 2020; seconded by Mr. Arakaki. Hughes: Moved and seconded. Go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: So we're now onto number 4, correct? Gonzalez: That's what I got, Mr. Chair. Hughes: Thank you. Hughes: Okay, Item 4, Application No. 20-22, Big Kahuna Beach Grill LLC, dba Big Kahuna Beach Grill, applying for an original Restaurant General liquor license, Category B1. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 26 4. APPLICATION NO.: 20-22 (10:55 A.M.) APPLICANT: Big Kahuna Beach Grill LLC TRADE NAME: Big Kahuna Beach Grill PLACE OF BUSINESS: 75-5663 Palani Road, Kailua-Kona, Hawaii TM K: 7-5-006:017 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Jeffrey Foster, was present. Hughes: Do we have a representative? Foster: Yes, my name is Jeffrey Foster, I'm the owner. Hughes: Thank you, Jeffrey. Are there any changes to the report? Foster: No, sir. Hughes: Could you briefly describe your business, please? Foster: Yes, we're going to do a family-style, casual restaurant. Breakfast, lunch, and dinner, with a full bar. Have live music, more like solo artists, no bands or anything like that. Hughes: Okay. Is there any public testimony? There was no public testimony. Hughes: None heard. Commission, open for discussion or questions? There was no discussion from the Commissioners. Hughes: No questions? I'd ask for a motion to approve or deny Application No. 20-22. If approved, public hearing to be held on March 4, 2021, in Hilo, Hawaii. Raymond: This is Dawn, move to approve. Hughes: Do I have a second on the motion? Salave`a: Second, Commissioner Salave`a. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 27 Ms. Raymond moved to approve Application No. 20-22, Big Kahuna Beach Grill LLC, dba Big Kahuna Beach Grill, for an original Restaurant General liquor license, Category B1, located at 75-5663 Palani Road, Kailua-Kona, Hawaii, TMK: 7-5-006:017; with public hearing to be held on March 4, 2021, in Hilo, Hawaii; seconded by Mr. Salave`a. Hughes: Thank you. Moved and seconded. Any further discussion? There was no discussion from the Commissioners. Hughes: None. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: Thank you very much. Foster: Mahalo, have a great day. Hughes: Moving onto Item 5, Application No. 20-23, Bite the Eye LLC, dba Bite the Eye, applying for an original Dispenser General liquor license, Category B1. 5. APPLICATION NO.: 20-23 (10:57 A.M.) APPLICANT: Bite the Eye LLC TRADE NAME: Bite the Eye PLACE OF BUSINESS: Kea`au-Pahoa Road, approximately 463 square feet past Ainaloa Boulevard, on the makai side of the highway, Pahoa, Hawaii TM K: 1-5-015:184 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Kaiana Trask, Owner, was present. Hughes: Do we have a representative? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 28 Gonzalez: Mr. Chair, I do believe that Kaiana Trask is in the meeting, he might be muted though. Hughes: Hello? Hey Brandon, is there any way to get ahold of him? Gonzalez: I can try calling him separately on the side, if you want to skip this and go to something else? Hughes: Yes, we can keep moving forward. Gonzalez: Okay, thank you. I'll try and get in touch with him. VII. Unfinished Business Hughes: Is there any unfinished business? None heard. We'll go on to New Business. VIII. New Business Hughes: 1. A-Bay's Cantina LLC, dba A-Bay's Island Grill, ratification of Application for Outside Storage Permit for storage of alcohol at 69-250 Waikoloa Beach Drive, Space K103, Waikoloa, Hawaii, approved by Director Gerald Takase on December 7, 2020, to its Restaurant General liquor license, Category B1, located at The Kings' Shops, 69-250 Waikoloa Beach Drive, Space J 106, Waikoloa, Hawaii. Hughes: Motion to ratify? Salave`a: Commissioner Salave`a, move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify Application for Outside Storage Permit for storage of alcohol at 69-250 Waikoloa Beach Drive, Space K103, Waikoloa, Hawaii, approved by Director Gerald Takase on December 7, 2020, to its Restaurant General liquor license, Category 131; seconded by Mr. Arakaki. Hughes: Just curious, do we have to vote on these? Takase: Yes. Hughes: Okay, thanks Gerald. Sorry, I'm a little new at this. Go ahead and vote, "AyeS?„ The Commissioners voted "Aye." Hughes: "Nays?" JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 29 There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: 2. Mai Grille By Chef Allen Hess, Inc., dba Mai Grille By Chef Allen Hess, ratification of Application for Temporary Increase in Licensed Premises to include the Waikoloa Kings' and Beach Golf Courses at Waikoloa Beach Resort, from November 171 2020, to March 1, 2021, for "to go" service, approved by Director Gerald Takase on November 25, 2020, to its Restaurant General liquor license, Category B2, located at 600 Waikoloa Beach Drive, Waikoloa, Hawaii. Hughes: Ask for a motion to ratify? Salave`a: Commissioner Salave`a, move to ratify. Thomas: This is Commissioner Thomas, I second. Mr. Salave`a moved to ratify Application for Temporary Increase in Licensed Premises, to include the Waikoloa Kings' and Beach Golf Courses at Waikoloa Beach Resort, from November 17, 2020, to March 1, 2021, for "to go" service, approved by Director Gerald Takase on November 25, 2020, to its Restaurant General liquor license, Category B2, located at 600 Waikoloa Beach Drive, Waikoloa, Hawaii; seconded by Ms. Thomas. Hughes: Alright, we'll go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 30 Hughes: 3. Kona Crust, LLC, dba Kona Crust Pizza, approval to extend the time issuance of its approved Restaurant Beer and Wine liquor license, Category A, located at 74-5586 Palani Road, Space #7, Kailua-Kona, Hawai'i, for an additional six months, from January 3, 2021, to and including July 3, 2021, by letter dated December 3, 2020. Passage requires finding of good cause pursuant to Rule 4-2-M, of the Hawaii County Liquor Commission Rules and Regulations. If the Commission finds good cause, please state what that good cause reason is when making the motion. Hughes: Is there a motion to approve? Takase: Mr. Chairman? The licensee submitted a letter explaining what the problems were with, them not being able to move forward yet. So, we would ask that be considered as a good cause. Hughes: Okay. Is there a motion to approve? Salave`a: Chair, I move to approve, based on the applicant's request and letter, clarifying the issues they're facing. Raymond: This is Dawn, I will second. Mr. Salave`a moved to approve request to extend the time issuance, for good cause shown, of its approved Restaurant Beer and Wine liquor license, Category A, located at 74-5586 Palani Road, Space #7, Kailua-Kona, Hawai'i, for an additional six months, from January 3 2021, to and including July 3, 2021, by letter dated December 3, 2020; seconded by Ms. Raymond. Hughes: Thank you, motion moved and seconded. We'll go ahead and vote. "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Gonzalez: Mr. Trask? Sorry, Mr. Chair. Hughes: Yes, Brandon? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 31 Gonzalez: We got Mr. Trask back, Mr. Chair. Hughes: Okay. Gonzalez: Item 5, this was Application No. 20-23, Bite the Eye, LLC, dba Bite the Eye, applying for an original Dispenser General liquor license. I think we were able to re- establish contact with Mr. Kaiana Trask, the owner. 5. APPLICATION NO.: 20-23 (11:02 A.M.) APPLICANT: Bite the Eye LLC TRADE NAME: Bite the Eye PLACE OF BUSINESS: Kea`au-Pahoa Road, approximately 463 square feet past Ainaloa Boulevard, on the makai side of the highway, Pahoa, Hawaii TM K: 1-5-015:184 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category B1 Kaiana Trask, Owner, was present. Hughes: Okay. Are there any changes to the report? Trask: No, there isn't. Hughes: Okay. Can you briefly describe the business again, please? Trask: Yes, we are a retail food establishment, running out of a food truck. We serve local, fresh fish, and other locally produced farm-raised products. Hughes: Okay. Is there any public testimony on this application? There was no public testimony. Hughes: None heard. Commission, open for discussion and questions to the testifier? Any questions? None? Okay. There was no discussion from the Commissioners. Hughes: Motion to approve or deny Application No. 20-23. If approved, public hearing to be held on March 4, 2021, in Hilo, Hawaii. Can I have a motion? Salave`a: Commissioner Salave`a, so move to approve. Hughes: Do we have a second to the motion? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 32 Arakaki: Second. Mr. Salave`a moved to approve Application No. 20-23, Bite the Eye LLC, dba Bite the Eye, for an original Dispenser General liquor license, Category B1, located at Kea`au-Pahoa Road, approximately 463 square feet past Ainaloa Boulevard, on the makai side of the highway, Pahoa, Hawaii, TMK: 1-5-015:184; with public hearing to be held on March 4, 2021, in Hilo, Hawaii; seconded by Mr. Arakaki. Hughes: Moved and seconded. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: Thank you very much. Trask: Thank you. Hughes: Moving back to New Business. Hughes: 4. Hawaiian Ola Brewing Corporation, dba Ola Brew Co., approval of the change in officers/directors with the election of Christopher Paul Gayde, John Edward Hays, and Derek Raymond Masterson Pittman as Directors, effective August 10, 2020, by email dated August 11, 2020; and the Personal History and Affidavits for Christopher Paul Gayde, John Edward Hays, and Derek Raymond Masterson Pittman, Directors, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii. Hughes: Is there a motion to approve? Thomas: This is Commissioner Thomas, I move to approve. Salave`a: Second, Commissioner Salave`a. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 33 Ms. Thomas moved to approve request for change in officers/directors with the election of Christopher Paul Gayde, John Edward Hays, and Derek Raymond Masterson Pittman as Directors, effective August 10, 20209 by email dated August 11, 2020; and the Personal History and Affidavits for Christopher Paul Gayde, John Edward Hays, and Derek Raymond Masterson Pittman, Directors, to its Small Craft Producer Pub liquor license, Category 131, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Hughes: Moved and seconded. Go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nay?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: 5. Papaaloa Market & Cafe LLC, dba Papa`aloa Market & Cafe (Cafe), dba Papa`aloa Market & Cafe, ratification of transfer of remaining alcohol inventory from its cafe to its retail premises, approved by Director Gerald Takase on December 14, 2020, to its Dispenser General liquor license, Category B2, and Retail General liquor license, respectively, located at 35-2032 Old Mamalahoa Highway, Papa`aloa, Hawaii. Hughes: Motion to ratify? Thomas: This is Commissioner Thomas, I move to ratify. Salave`a: Commissioner Salave`a, second. Ms. Thomas moved to ratify transfer of remaining alcohol inventory from its cafe to its retail premises, approved by Director Gerald Takase on December 14, 2020, to its Dispenser General liquor license, Category B2, and Retail General liquor license, respectively, located at 35-2032 Old Mamalahoa Highway, Papa`aloa, Hawaii; seconded by Mr. Salave`a. Hughes: Moved and seconded. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 34 Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: 6. Foodland Super Market, Limited, dba Foodland Super Market — Waimea, Foodland Farms, Foodland (Keaau), Sack `N Save (Kinoole), Sack `N Save (Kona), Sack `N Save (Puainako), approval of changes to the ownership of 640 shares of Preferred (Non-Voting) Shares, as follows: • Maurice Sullivan Trust, For the Benefit of Kathleen Wo, Kathleen Wo, Trustee; • Maurice Sullivan Trust, For the Benefit of M. Jenai Sullivan Wall, M. Jenai Sullivan Wall, Trustee; • Maurice Sullivan Trust, For the Benefit of Collen H. Sullivan, Colleen H. Sullivan, Trustee; and, • Maurice Sullivan Trust, For the Benefit of Patrick J. Sullivan, Patrick J. Sullivan, Trustee; effective September 30, 2020, by letter dated December 14, 2020, to its Retail General liquor licenses. Hughes: Is there a motion to approve? Salave`a: Commissioner Salave`a, move to approve. Hughes: Thank you. Do I have a second? Arakaki: Second, Arakaki. Mr. Salave`a moved to approve changes to ownership of 640 shares of Preferred (Non-Voting) Shares, as follows: Maurice Sullivan Trust, For the Benefit of Kathleen Wo, Kathleen Wo, Trustee; Maurice Sullivan Trust, For the Benefit of M. Jenai Sullivan Wall, M. Jenai Sullivan Wall, Trustee; Maurice Sullivan Trust, For the Benefit of Collen H. Sullivan, Colleen H. Sullivan, Trustee; and, Maurice Sullivan Trust, For the Benefit of Patrick J. Sullivan, Patrick J. Sullivan, Trustee, effective September 30, 2020, by letter dated December 14, 2020, to its Retail General liquor licenses; seconded by Mr. Arakaki. Hughes: Thank you, moved and seconded. We'll go ahead and vote, "Ayes?" JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 35 The Commissioners voted "Aye." Hughes: "Nay?" No "Nays." There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: 7. Volume Services, Inc., dba Centerplate, Centerplate —Aloha, and Centerplate — Hawaiian, approval of change of officers/directors with the appointment of Steven Pangburn as President and CEO, effective December 1, 2020; and the Personal History and Affidavit for Steve Brice Pangburn, President/CEO, effective December 1, 2020, to its Dispenser General liquor licenses, Category A, located at 2450 Kekuanao`a Street, Hilo, Hawaii; 73-200 Kupipi Street, Keahole, North Kona, Hawaii, respectively. Hughes: Motion to approve? Arakaki: This is Warren, I move to approve. Hughes: Is there a second? Thomas: I second. Mr. Arakaki moved to approve change of officers/directors with the appointment of Steven Pangburn as President and CEO, effective December 1, 2020; and the Personal History and Affidavit for Steve Brice Pangburn, President/CEO, effective December 1, 2020, to its Dispenser General liquor licenses, Category A, located at 2450 Kekuanao`a Street, Hilo, Hawaii; 73-200 Kupipi Street, Keahole, North Kona, Hawaii, respectively; seconded by Ms. Thomas. Hughes: Moved and seconded. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 36 Hughes: 8. Anheuser-Busch Sales of Hawaii, Inc., dba Anheuser-Busch Sales of Hawaii (Kailua-Kona), dba Anheuser-Busch Sales of Hawaii (Keaau), approval of change of officers/directors as follows: • Resignation of John F. Godar, President, Secretary, And Director; and John J. Dueker, Treasurer, effective November 30, 2020; • Election of Benjamin A. Halpert as President, Secretary, and Director; and Thomas D. Larson as Treasurer and Director, effective December 1, 2020; and, • Personal History and Affidavits for Benjamin A. Halpert, President, Secretary, and Director; and Thomas D. Larson, Treasurer and Director, effective December 1, 2020) to its Wholesale General liquor licenses located at 75-5563 Kauhola Street, Kailua- Kona, Hawaii, and 16-211 Wiliama Place, Kea`au, Hawaii, respectively. Hughes: Is there a motion to approve? Salave`a: Motion to approve, Commissioner Salave`a. Hughes: Thank you. Thomas: Second, Commissioner Thomas. Mr. Salave`a moved to approve change of officers/directors as follows: Resignation of John F. Godar, President, Secretary, and Director; and John J. Dueker, Treasurer, effective November 30, 2020; Election of Benjamin A. Halpert as President, Secretary, and Director; and Thomas D. Larson as Treasurer and Director, effective December 1, 2020; and Personal History and Affidavits for Benjamin A. Halpert, President, Secretary, and Director; and Thomas D. Larson, Treasurer and Director, effective December 1, 2020, to its Wholesale General liquor licenses, located at 75-5563 Kauhola Street, Kailua-Kona, Hawaii, and 16-211 Wiliama Place, Kea`au, Hawaii, respectively; seconded by Ms. Thomas. Hughes: Moved and seconded. Thank you. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 37 The motion was carried unanimously. Hughes: 9. Manna Express, Inc., dba Kona Reef Liquor & Deli, approval to transfer liquor inventory to HI Boba Daddy, Inc., dba Kona Reef Liquor & Deli, to its pending Retail General liquor license, located at Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii. Hughes: Is there a motion to approve? Thomas: This is Commissioner Thomas, I approve transfer of liquor inventory. Hughes: Thank you. Salave`a: Second, Commissioner Salave`a. Ms. Thomas moved to approve transfer of liquor inventory to HI Boba Daddy, Inc., dba Kona Reef Liquor & Deli, to its pending Retail General liquor license, located at Casa De Emdeko, 75-6082 AIN Drive, Suite #101, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Hughes: Thank you. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: 10. Mo's Fish and Chips LLC, dba Mohala's Bayfront Fish and Chips, ratification of Application for Live Entertainment and Dancing, one time only trial period not to exceed 90 days, from January 1, 2021, to April 1, 2021, approved by Director Gerald Takase on December 29, 2020, to its Restaurant Beer and Wine liquor license, Category A, located at 50 Waianuenue Avenue, Hilo, Hawaii. Hughes: Motion to ratify? Arakaki: This is Warren, I'll move to ratify. Hughes: Do I have a second? JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 38 Raymond: This is Dawn, I'll second. Mr. Arakaki moved to ratify Application for Live Entertainment and Dancing, one time only trial period not to exceed 90 days, from January 1, 2021, to April 1, 2021, approved by Director Gerald Takase on December 29, 2020, to its Restaurant Beer and Wine liquor license, Category A, located at 50 Waianuenue Avenue, Hilo, Hawaii; seconded by Ms. Raymond. Hughes: Thank you. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Hughes: 11. Puna Plantation Hawaii, Limited, dba KTA Super Stores, ratification of Application for Outside Storage Permit, at the warehouse at KTA Super Stores #3 (Puainako), 50 E. Puainako Street, Hilo, Hawaii, effective December 29, 2020, to its Retail General liquor licenses. Hughes: Motion to ratify? Thomas: So move to ratify. Salave`a: This is Salave`a, I second. Ms. Thomas moved to ratify Application for Outside Storage Permit, at the warehouse at KTA Super Stores #3 (Puainako), 50 E. Puainako Street, Hilo, Hawaii, effective December 29, 2020, to its Retail General liquor licenses; seconded by Mr. Salave`a. Hughes: Okay, thank you so much. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 39 The motion was carried unanimously. Hughes: 12. Special Licenses Issued for Ratification a. Application No. SP-20-013, Christopher Camero Memorial VFW Post 12122, dba Christopher Camero Memorial VFW Post 12122, Inc., for a Special General liquor license, from December 1-31, 2020, located at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii. b. Application No. SP-20-014, Hilo Community Players, dba Hilo Community Players, for a Special General liquor license, on December 18, 20, and 24, 2020, for a virtual online event. Hughes: Do I have a motion? Salave`a: Motion to approve, Commissioner Salave`a. Hughes: Thank you, do I have a second? Thomas: Second, Commissioner Thomas. Mr. Salave`a moved to ratify Application for Special Licenses, a. Application No. SP-20-013, Christopher Camero Memorial VFW Post 12122, dba Christopher Camero Memorial VFW Post 12122, Inc., for a Special General liquor license, from December 1-31, 2020, located at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii; and b. Application No. SP-20-014, Hilo Community Players, dba Hilo Community Players, for a Special General liquor license, on December 18, 20, and 24, 2020, for a virtual online event; seconded by Ms. Thomas. Hughes: Moved and seconded. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 40 IX. Announcements Hughes: Meetings of Liquor Commission February 4, 2021, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. March 4, 2021, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. Hughes: Anything else? Takase: Mr. Chairman? This is Gerald. I wanted to poll the Commissioners, as to whether they'd like to start meeting in person again. Most of the Commissions have gone back to live meetings. The department is ready to start, therefore I wanted to get a feeling from you folks as to your desires. Raymond: This is Dawn, I'm open to whatever the majority wants. Takase: Let me ask it this way, is there anybody that objects to going back to live meetings? Hughes: No. Takase: Okay, I'll work on it with our staff. We're going to have to see, at least for Kona, if we have adequate space to do it, but if nothing else, maybe we will look at the March 4t" meeting as going back to a live meeting format. Hughes: Alright, thank you very much. X. Adjournment Hughes: Okay, may I have a motion for adjournment? Thomas: This is Commissioner Thomas, I move to adjourn. Arakaki: This is Warren, I'll second. Ms. Thomas moved to adjourn the meeting; seconded by Mr. Arakaki. Takase: Oh sorry, one more news. JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 41 Hughes: Yeah? Takase: I wanted to introduce Hau'oli Sayles, who will be the new Commission Secretary, starting January 1st. Also, I'm not sure if Danny Patel is going to be our new Counsel, as Craig retired as of last year, however, welcome to those two. Hughes: Thank you. We'll go ahead and vote, "Ayes?" The Commissioners voted "Aye." Hughes: "Nays?" There was no opposition by the Commissioners. Hughes: Motion carries. The motion was carried unanimously. Meeting adjourned at 11:14 A.M. G= . f Takase Dire or The January 7, 2021 meeting minutes were approved as circulated, via email/mail on January 29, 2021, by the Liquor Commission of the County of Hawaii on February 4, 2021, JANUARY 7, 2021 -LIQUOR COMMISSION MINUTES 42