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GONZALES: Mr. Mooers, do you and your applicant understand that if you are going to be
<br />engaging in the sale of alcohol and liquors it’s not the Planning Commission that gives you guys
<br />the licenses for that?
<br />MOOERS: We understand that. We will not be providing alcohol. All right? If people put on
<br />an event, it would be up to them; and that’s one of the things if you look at the conditions that I
<br />proposed there is a standard condition that the, 8, that the Commission puts in which says “The
<br />applicant shall comply with all applicable County, State and Federal laws, rules, regulations and
<br />requirements. Because of the, Ms. Frederick’s concern about alcohol, I did put in an additional
<br />language, an additional sentence, which says, “Alcohol use shall be regulated by and complied
<br />with all State and county regulations and permit requirements.” We are not seeking a liquor
<br />license to serve alcohol at these events. Again, the arena for these events would be, essentially,
<br />leased to people that would be putting on events. Whether it’s American Cancer society,
<br />whether it’s Mr. Domingo and his grandson’s wedding, or whatever, that person, that group
<br />would then be responsible for complying with all regulations. The Andersons, Brad and Cord,
<br />are not going to be selling alcohol. They do not have a liquor license, and are not applying for a
<br />liquor license.
<br />WOODWARD: All right, any further questions? Madam Director?
<br />LEITHEAD TODD: I did want to clarify something that, you know, we did meet with the
<br />applicant and in part, and I’ve done this with another farmers market on the island and bazaar
<br />that’s held out in Puna , that we have tried to, try and accommodate the fact that we have a down
<br />economy and that, you know, a number of people are relying on various venues. And we do this
<br />in other violations, too, where, you know, when we find people in violation of the Code we issue
<br />them notices, we give them an opportunity to correct the violation by becoming legal. And that’s
<br />whether it’s a use or whether it’s a building, we frequently try to work with people rather than
<br />just being punitive.
<br />In the case of this particular country market and the one that we have in Puna, because of the
<br />concern that we’ve had from vendors who are relying on the income to support themselves and
<br />their families, we decided, or rather I decided, to be a little bit more flexible and allow the
<br />continued use, provided that the property owner submitted an application for a special permit to
<br />try and make the activity legal. And it’s the same thing that we’re doing with another one. So I
<br />just wanted to clarify that, you know, they did consult with us and we did agree to allow them to
<br />continue on that limited basis, just be -. And it’s particularly because it’s kind of a unique time
<br />in our economy and I was very concerned about impacting the farms. Some farmers had
<br />contacted us, and they felt like they needed as many outlets, and there were also vendors. And
<br />so we were just trying to accommodate not so much the property owner but the people who were
<br />using the facility. And this has been coming to us from different parts of the island, because
<br />what we’re finding is the problem is not just unique to the Anderson’s property. It’s that
<br />throughout the island people have been looking for venues where they can host occasional events
<br />such as farmers markets or bazaars. And the places where you can do this are somewhat limited,
<br />and so they’re gravitating towards places that have established buildings and facilities or
<br />adequate space. And what we’re just trying to do in this case and working with the Andersons is
<br />to try and make the use legal, and then also to try and mitigate impacts. So I just wanted to let
<br />you know that Mr. Mooers’s letter is consistent with the meeting that we had.
<br />WOODWARD: Thank you very much. Do we have any other questions? Okay, thank you very
<br />much, folks. You may be seated. Would anybody like to make a motion? Commissioner
<br />Domingo.
<br />KERN: I have more of a -. I have a question.
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<br /> EXHIBIT D
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