HomeMy WebLinkAbout2022-08-04 Liquor Commission MinutesCOUNTY OF HAWAI`I
DEPARTMENT OF LIQUOR CONTROL
LIQUOR COMMISSION MEETING
MINUTES — AUGUST 4, 2022
WEST HAWAI`I CIVIC CENTER
74-5044 ANE KEOHOKALOLE HIGHWAY
KAI LUA-KONA, HAWAI `I
I. Call to Order
The meeting was called to order by Acting Chair Smith at 10:00 A.M., in
the Kona Council Chambers, West Hawaii Civic Center, 74-5044 Ane Keohokalole
Highway, Kailua-Kona, Hawaii.
The following were present and constituted a quorum:
Commissioners: Riley Smith, Acting Chair
Ronald Ibarra, Vice Chair
Doug Espejo, Commissioner
Laurisa Nishimoto, Commissioner
Paula Thomas, Commissioner
Absent and Excused: Dawn Raymond, Chair
Allen Salave`a, Commissioner
Jennifer Yadao, Commissioner
Brandon Gonzalez, Administrative Officer
Others Present: Gerald Takase, Director
Dakota Frenz, Deputy Corporation Counsel
Stacie Waltjen, Licensing Officer
Hau`oli Sayles, Commission Secretary
Smith: This meeting is being recorded, so speak loudly and clearly, one at a time so the
recording is clear. We are conducting the meeting in person only. Now, I'll ask Hau`oli
to do a roll call for members that are present.
Sayles: Vice Chair Ibarra.
Ibarra: Present.
Sayles: Commissioner Espejo.
Espejo: Present.
Sayles: Commissioner Nishimoto.
Nishimoto: Present.
Sayles: Commissioner Thomas.
Thomas: Present.
Sayles: Commissioner Smith presiding as Chair today.
Smith: Present.
Sayles: Absent and excused today are Commissioner Allen Salave`a, Commissioner
Jennifer Yadao, Chair Dawn Raymond, and Administrative Officer Brandon Gonzalez.
Others present are Director, Gerald Takase, Deputy Corporation Counsel, Cody Frenz,
Licensing Officer, Stacie Waltjen, and Commission Secretary, Hau`oli Sayles.
II. Approval of Minutes (10:01 AM)
Smith: The July 7, 2022, meeting minutes were circulated via email on August 1, 2022.
Do I have a motion to approve the minutes as circulated?
Espejo: Commissioner Espejo, motion to approve minutes.
Smith: Is there a second?
Ibarra: Commissioner Ibarra, second.
Commissioner Espejo moved to approve the July 7, 2022,
Liquor Commission meeting minutes as circulated;
Seconded by Commissioner Ibarra.
Smith: Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carries.
The motion was carried unanimously.
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III. Approval of Addendum and/or Supplemental Agenda (10:02 AM)
Smith: There is no Addendum and/or Supplemental Agenda.
IV. Public Statements on Agenda Items (10:02 AM)
Smith: Any public statements from members of the public at this time?
There was no reply from the public.
V. Public Hearings (10:03 AM)
1. APPLICATION NO.:
APPLICANT:
(10:03 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
21-42
Ti ki Guys LLC
Cheeky Tiki
75-5669 Ali`i Drive, No. 200, Kailua-Kona, Hawaii
7-5-006:025
Original Restaurant General liquor license,
Category B2
Mr. Thomas Worden, Co-owner, was present in person.
Smith: Can you please introduce yourself, sir?
Worden: Thomas Worden, owner.
Smith: Alright, thank you very much for being here. Can you describe your business?
Worden: Bar and restaurant on Ali`i Drive, on the second floor location, formerly
Paradise Brewing.
Smith: Thank you. You're also the applicant on the ground floor too, right?
Worden: Correct.
Smith: Thank you. Have you received the application report?
Worden: Yes.
Smith: Are there any changes?
Worden: No, sir.
Smith: Director, any report of protests?
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Takase: Mr. Chairman, the applicants mailed 6 out of 6 notices within 100 feet, 32 out
of 32 notices within 500 feet. There were 24 total properties entitled to protest. There
were no protests to this application.
Smith: Very good, thank you very much. Is there any public testimony?
There was no public testimony.
Smith: Seeing none, moving on to next item. Commission members, any discussion or
questions?
There was no discussion from Commissioners.
Smith: Seeing none, moving right along. Do I have a motion to close the public
hearing?
Thomas: Commissioner Thomas, move to close public hearing.
Smith: Is there a second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Thomas moved to close the public hearing;
Seconded by Commissioner Nishimoto.
Smith: Thank you very much, it's been moved and seconded. Any discussion?
There was no discussion from Commissioners.
Smith: Seeing none, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
Smith: Thank you very much. Do I have a motion to approve Application No. 21-42,
pending final inspection?
Ibarra: Commissioner Ibarra, I so move to approve Application No. 21-42, pending final
inspection.
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Smith: Is there a second?
Thomas: Commissioner Thomas, second.
Commissioner Ibarra moved to approve Application No. 21-42,
Tiki Guys LLC, dba Cheeky Tiki, for an original Restaurant
General liquor license, Category B2, located at 75-5669 Ali`i
Drive, No. 200, Kailua-Kona, Hawaii, TMK: 7-5-006:025,
pending final inspection; Seconded by Commissioner Thomas.
Smith: Any discussion?
There was no discussion from Commissioners.
Smith: Okay. If not, all those in favor of approving Application No. 21-42, say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
VI. Preliminary Hearings (10:05 AM)
1. APPLICATION NO.:
APPLICANT:
(10:05 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
21-48
Ohana Restaurant Group LLC
The Joint
235 Keawe Street, Hilo, H awa i `i
2-3-008:023
Original Restaurant General liquor license,
Category 131
Mr. Michael Lowe, Owner, was present in person.
Smith: Please introduce yourself.
Lowe: Michael Lowe, owner.
Smith: Thank you. Could you describe your business?
Lowe: It's a sushi restaurant, and also serving back -of -the -house items.
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Smith: Very good, thank you. Have you received your report?
Lowe: Yes, I have.
Smith: Any changes to that report?
Lowe: No.
Smith: Thank you. Is there any public testimony?
There was no public testimony.
Smith: Hearing or seeing none. Commissioners, any discussion or questions?
Thomas: I do have a question. Since you'll be opening quite late until midnight,
wondered how late into the night do you anticipate having live or recorded music?
Lowe: The live music is something probably usually mainly be more for brunch or
something, not necessarily expecting to go late night with that.
Thomas: Thank you.
Takase: Mr. Lowe, your facility is air-conditioned, right?
Lowe: We will have air conditioning.
Takase: Entertainment shouldn't be a problem.
Smith: I just had a comment. So, you're in the former Pescatore's location, right? On
the corner of Haili and Keawe Streets?
Lowe: Yes.
Smith: With air conditioning, you're going to have all your windows closed?
Lowe: If it's cooler, we'd like to be able to have windows open.
Smith: Okay, sounds good. Just so you know, a lot of times, the biggest issues that
have to do with an applicant are loitering, noise, smoking, parking, and those kind of
issues. And, as much as you would think, that serving alcohol is your business, it's
really making sure that your patrons are respectful to all of your neighbors, okay? So,
that's why we're asking some of these questions.
Lowe: Okay, I understand.
Smith: Alright. Any other questions from the Commission?
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There was no further discussion from Commissioners.
Smith: If not, do I have a motion on this application?
Nishimoto: Commissioner Nishimoto, move to approve Application No. 21-48. If
approved, public hearing to be held on October 6, 2022 in Kona.
Espejo: Commissioner Espejo, second.
Commissioner Nishimoto moved to approve Application No. 21-48,
Ohana Restaurant Group LLC, dba The Joint, for an original
Restaurant General liquor license, Category B1, located at 235
Keawe Street, Hilo, Hawaii, TMK: 2-3-008:023, with public hearing to
be held on October 6, 2022, in Kona, Hawaii; Seconded by
Commissioner Espejo.
Smith: Thank you very much. Any discussion of the motion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
2. APPLICATION NO.:
APPLICANT:
(10:09 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
21-49
MamaMaria L.L.C.
Waimea Coffee Company
65-1279 Kawaihae Road, #114, Kamuela, Hawaii
6-5-003:033
Original Restaurant General liquor license,
Category 131
Ms. Victoria Scott, Manager, was present in person.
Smith: Could you please state your name and relationship to the business?
Scott: Victoria Scott, I'm the manager.
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Smith: Could you describe your business?
Scott: Yes. It's a restaurant and coffee cafe.
Smith: Have you received the application report?
Scott: Yes, I have.
Smith: Has there been any changes to the report?
Scott: No, sir.
Smith: Okay, thank you. Is there any public testimony?
There was no public testimony.
Smith: Any questions from the Commission members?
There was no discussion from Commissioners.
Smith: So, I had a couple. I'm a resident of Waimea, and I periodically go to your
establishment, it's a really great business and you do a good service to the community.
think the drive-thru is a benefit for the folks that don't want to get out of their cars. So,
in the report, I understand how you intend to control your patrons to make sure they
don't leave the premises and all that. I don't clearly remember, but were you going to
have live music?
Scott: We did apply for live music, for morning times, we do it on Saturday mornings on
the inside.
Smith: Alright, sounds good. So, couple things I just want to comment on, and I'm sure
you're aware of it. We're putting this information into the record so it's clear what was
discussed here in the meeting. So, you know, across the street from your business is
Hawaii Preparatory Academy and Village Campus.
Scott: Yes.
Smith: And they have dorms in the back, so there's people who live there.
Scott: Yes.
Smith: Surrounding your business are a lot of residential uses in your neighborhood,
and I know you've been there a long time, you folks are a really good business, you're
an asset to the community. As I mentioned to the previous applicant, a lot of times,
some of the issues that come before the Commission, whether it's at the time we would
approve your application, or later when you're actually operating under the approved
license, have to do with things that really don't have to do with serving liquor. It's noise,
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it's smoking, it's loitering, it's parking, and things like that. So, you know, even though
you don't have total control of your customers once they leave your business, since they
left your business, you're still sort of personally responsible. So, just kind of reminding
you that you need to be cognizant of that, you don't want to overserve, things like that
can be problems. But anyway, those are just some of the concerns that sometimes
come up before with applicants during the actual operations. You're in a residential
neighborhood, so just be respectful of everybody else around you like you guys have
been all these years.
Scott: Absolutely, thank you for the acknowledgement.
Smith: Okay, if nothing further from the Commission members, do I have a motion to
approve or deny the application?
Nishimoto: Commissioner Nishimoto, motion to approve Application No. 21-49.
If approved, public hearing to be held on October 6, 2022 in Kona.
Smith: Thank you, Commissioner Nishimoto. Do I have a second?
Espejo: Commissioner Espejo, second.
Commissioner Nishimoto moved to approve Application No. 21-49,
MamaMaria L.L.C., dba Waimea Coffee Company, for an original
Restaurant General liquor license, Category B1, located at 65-1279
Kawaihae Road, #114, Kamuela, Hawaii, TMK: 6-5-003:033, with
public hearing to be held on October 6, 2022, in Kona, Hawaii;
Seconded by Commissioner Espejo.
Smith: Thank you very much, it's been moved and seconded. Any discussion?
There was no discussion from Commissioners.
Smith: All those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
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3. APPLICATION NO.:
APPLICANT:
(10:12 AM) TRADE NAME:
PLACE OF BUSINESS:
TM K:
LICENSE APPLIED FOR:
T22-01
Mauna Kea Resort LLC
Mauna Kea Market
Mauna Kea Beach Hotel, 62-100 Mauna Kea
Beach Drive, Kamuela, Hawaii
6-2-002:004
Sale and Transfer of the Retail General liquor
license, currently held by Food Pantry, Ltd.,
dba Mauna Kea Market
Mr. Robert Ueoka, Esq., Authorized Agent, and Mr. Todd Oldham, Director
of Food and Beverage, were present in person.
Ueoka: Good morning Chair, Members of the Commission, and Mr. Takase, Robert
Ueoka, on behalf of Mauna Kea Resort. Present to my right is Mr. Todd Oldham, he's
the Director of Food and Beverage. At this time, we have no changes to the
investigative report.
Smith: Wow, you answered all my questions before I asked them, very good. I don't
think there's any public testimony.
There was no public testimony.
Smith: Commissioners, do you have any questions?
There was no discussion from Commissioners.
Smith: Is there anything you'd like to add? Are you going to operate everything the
same?
Ueoka: Yes, I can describe the business, it's a resort -type sundries store located at
Mauna Kea Resort, currently operated by Food Pantry. We are taking over in late
August, hoping a temporary license can be issued at that time.
Smith: Okay, sounds good. Commissioners, any questions, comments?
There was no discussion from Commissioners.
Smith: Do I have a motion to approve Application No. T22-01 ?
Thomas: Commissioner Thomas, motion to approve Application No. T22-01.
If approved, public hearing to be held on September 1, 2022, in Hilo.
Smith: Thank you very much. Is there a second?
Nishimoto: Commissioner Nishimoto, second.
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Commissioner Thomas moved to approve Application No. T22-01,
Mauna Kea Resort LLC, dba Mauna Kea Market, for a Sale and
Transfer of the Retail General liquor license, currently held by Food
Pantry, Ltd., dba Mauna Kea Market, located at the Mauna Kea Beach
Hotel, 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii,
TMK: 6-2-002:004, with public hearing to be held on September 1,
2022, in Hilo, Hawaii; Seconded by Commissioner Nishimoto.
Smith: Any discussion on this item?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
VII. Unfinished Business (10: 14 AM)
Smith: There is no Unfinished Business at this time.
VIII. New Business (10:14AM)
1. Request to Extend the Time Issuance Submitted for Approval
(10: 14 AM) a. Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122,
approval of request to extend the time issuance of the liquor license for
good cause shown for an additional six months, from August 6, 2022,
to and including February 6, 2023, by letter dated June 30, 2022, of its
Restaurant General liquor license, Category B2, located at 74-5543 Kaiwi
Street, Suite 3-A185a and 3-A185b, Kailua-Kona, Hawaii.
Passage requires finding of good cause pursuant to Rule 4-2(M)
of the Rules and Regulations of the Liquor Commission of the
County of Hawaii. If the Commission finds good cause, state
what the good cause is when making the motion.
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Smith: Do I have a motion to approve or deny this request? And if so, please state
what the good cause reason is.
Ibarra: Commissioner Ibarra, I move to approve with good cause, the good cause
being stated in the correspondence from the Post Commander, that they're ready to
request the final Fire inspection, followed by plumbing and building inspections. There's
no way to know when their schedules will permit this to be done, given the status of
their project, I don't see any bad faith.
Smith: Thank you very much. Do I have a second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Ibarra moved to approve the request to extend the
time issuance of the liquor license for good cause shown for an
additional six months, from August 6, 2022, to and including
February 6, 2023, by letter dated June 30, 2022, of its Restaurant
General liquor license, Category B2, located at 74-5543 Kaiwi Street,
Suite 3-A185a and 3-A185b, Kailua-Kona, Hawai`i.; Seconded by
Commissioner Nishimoto.
Smith: Thank you very much. Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
(10:16 AM) b. Wailuku Brew Works Inc., dba Wailuku Brew Works, approval of
request to extend the time issuance of the liquor license for good cause
shown for an additional six months, from September 2, 2022, to and
including March 2, 2023) by letter dated July 15, 2022, of its Small Craft
Producer Pub liquor license, Category B2, located at 16-205 Wiliama
Place, Kea`au, Hawaii.
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Passage requires finding of good cause pursuant to Rule 4-2(M)
of the Rules and Regulations of the Liquor Commission of the
County of Hawaii. If the Commission finds good cause, state
what the good cause is when making the motion.
Smith: Do I have a motion to approve?
Nishimoto: Commissioner Nishimoto, motion to approve based on waiting on the final
building inspections and permits for their brewery.
Smith: Thank you very much. Is there a second?
Thomas: Commissioner Thomas, second.
Commissioner Nishimoto moved to approve the request to extend
the time issuance of the liquor license for good cause shown for an
additional six months, from September 2, 2022, to and including
March 2, 2023, by letter dated July 15, 2022, of its Small Craft
Producer Pub liquor license, Category B2, located at 16-205 Wiliama
Place, Kea`au, Hawaii; Seconded by Commissioner Thomas.
Smith: Thank you very much, Paula. Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
2. Change in Officers / Directors Submitted for Approval
(10: 17 AM) a. Waikoloa Village Association, dba Waikoloa Village Golf Course,
approval of Change in Officers/Directors as follows:
• Removal of Jeffrey Martin, President, Lisa Worrells, Vice President,
Robert Van Calcar, Treasurer, and Shelly Aina, Director;
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• Change in Title of David Berg from Director to President, and
Rebecca Sckrabulis from Secretary to Vice President;
• Election of William Cambell as Treasurer, Arlene Larrua as Secretary,
and Michael Konowicz and Robin Reschan, as Directors;
• Personal History and Affidavits for William Cambell, Treasurer, Arlene
Larrua, Secretary, and Michael Konowicz and Robin Reschan, Directors;
effective May 7, 2022, by letter dated June 21, 2022, to its Restaurant
General liquor license, Category B2, located at 68-1792 Melia Street,
Waikoloa, Hawaii.
b. Foodland Super Market, Limited, dba Foodland (Keaau), dba
Foodland Farms, dba Foodland Super Market — Waimea, dba
Sack `N Save (Kinoole), dba Sack `N Save (Kona), dba Sack `N
Save (Puainako), approval of Change in Officers as follows:
• Change in Title of Stacy Waiau-Omori, from Vice President to
Senior Vice President;
• Appointment of Keoni Chang, Benjamin Cooper, and Sheryl Toda,
as Vice President;
• Personal History and Affidavits for Keoni Chang, Benjamin Cooper,
and Sheryl Toda, Vice President;
effective June 20, 2022) by letter dated July 14, 2022; to its Retail General
liquor licenses, for all Hawaii Island store locations.
Smith: Do I have a motion to approve?
Thomas: Commissioner Thomas, move to approve.
Smith: Is there a second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Thomas moved to approve the Change in Officers /
Directors Submitted for Approval, Item Nos. 2(a) and 2(b), as stated
in the agenda; Seconded by Commissioner Nishimoto.
Smith: Thank you very much. Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
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Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
3. Request to Transfer Liquor Inventory Issued for Ratification
(10: 17 AM) a. Aloha Petroleum, Ltd., dba Aloha Island Mart Kailua-Kona, ratification
of request to transfer liquor inventory to Aloha Island Mart (Henry Street),
approved by Director Gerald Takase on July 25, 2022, of its Retail
General liquor license, located at 75-5700 Kuakini Highway,
Kailua-Kona, Hawaii.
Smith: Do I have a motion to ratify?
Thomas: Commissioner Thomas, motion to ratify.
Smith: Is there a second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Thomas moved to ratify Request to Transfer Liquor
Inventory Issued for Ratification, Item No. 3(a), as stated in the
agenda; Seconded by Commissioner Nishimoto.
Smith: Thank you very much. Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
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4. Temporary Increase in Licensed Premises Issued for Ratification
(10: 18 AM) a. Berj Corporation, dba My Bar, ratification of Application for
Temporary Increase in Licensed Premises, to include parking lot
for entertainment on August 6, 2022, approved by Administrative
Officer Brandon Gonzalez on July 1, 2022, of its Dispenser General
liquor license, Category B2, located at the Luhia Center I, 74-5606
Luhia Street, Spaces Al, A2, A3 and A413, Kailua-Kona, Hawaii.
b. KBXtreme, LLC, dba KBXtreme, ratification of Application for
Temporary Increase in Licensed Premises, to include parking lot for
a concert on August 27, 2022, approved by Director Gerald Takase
on July 11, 2022, of its Restaurant General liquor license, Category
B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii.
C. Kona Brewery, LLC, dba Kona Brewing Co., ratification of
Application for Temporary Increase in Licensed Premises, to include
parking lot for a 808 Day event on August 6, 2022, approved by
Director Gerald Takase on July 18, 2022, of its Small Craft Producer
Pub liquor license, Category B2, located at the Kona Industrial
Subdivision, 74-5612 Pawai Place, Kailua-Kona, Hawaii.
Smith: Do I have a motion to ratify?
Thomas: Commissioner Thomas, move to ratify.
Smith: Is there a second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Thomas moved to ratify Temporary Increases of
Licensed Premises Issued for Ratification, Item Nos. 4(a) through
4(c), as stated in the agenda; Seconded by Commissioner Nishimoto.
Smith: Thank you very much. Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
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Smith: Hearing none, motion carried.
The motion was carried unanimously.
5. Special Licenses Issued for Ratification
(10: 18 AM) a.
License No. SP-22-006, Christopher Camero Memorial VFW
Post 12122, dba Christopher Camero Memorial VFW Post 12122,
for a Special General liquor license, for events from July 1 — 31, 2022
held at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii.
b.
License No. SP-22-007, Kona, Hawaii, Lodge No. 2616,
Benevolent & Protective Order of Elks of the United States
of America, dba Kona Elks Club, for a Special General liquor
license for events from July 1 — 31, 2022, held at 75-170 Hualalai
Road, Suite E-100, Kailua-Kona, Hawaii.
C.
License No. SP-22-008, Japanese Chamber of Commerce & Industry
of Hawaii, dba Japanese Chamber of Commerce & Industry of Hawaii,
for a Special Beer and Wine liquor license for an event on July 6, 2022,
held at 714 Kanoelehua Avenue, Hilo, Hawaii.
d.
License No. SP-22-009, Volcano Art Center, dba Volcano Art Center,
for a Special Beer and Wine liquor license for an event on July 9, 2022,
held at 19-4074 Old Volcano Road, Volcano, Hawaii.
e.
License No. SP-22-010, Aloha Performing Arts Company, dba
Aloha Theatre, for a Special Beer and Wine liquor license for an
event on July 9, 2022, held at 79-7384 Mamalahoa Highway,
Kealakekua, Hawaii.
f.
License No. SP-22-011, The Friends of the Palace Theater, dba
The Friends of the Palace Theater, for a Special Beer and Wine liquor
license for an event on July 13, 2022, held at the Hilo Palace Theater,
38 Haili Street, Hilo, Hawaii.
g.
License No. SP-22-012, The Friends of the Palace Theater, dba
The Friends of the Palace Theater, for a Special Beer and Wine liquor
license for an event on July 15, 2022, held at the Hilo Palace Theater,
38 Haili Street, Hilo, Hawaii.
h.
License No. SP-22-013, Volcano Art Center, dba Volcano Art Center,
for a Special Beer and Wine liquor license for an event on July 17, 2022,
held at 19-4074 Old Volcano Road, Volcano, Hawaii.
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i. License No. SP-22-014, Kahilu Theater Foundation, dba
Kahilu Theater Foundation, for a Special Beer and Wine liquor
license for events on August 10, 12, 13, 19, 20, 27, 2022, held at
67-1186 Lindsey Road, Kamuela, Hawaii.
j. License No. SP-22-015, Kuikahi Mediation Center, dba
Kuikahi Mediation Center, for a Special Beer and Wine liquor
license for an event on July 28, 2022, held at the Edith Kanaka`ole
Stadium, 350 Kalanikoa Street, Hilo, Hawaii.
k. License No. SP-22-016, Aloha Performing Arts Company,
dba Aloha Theatre, for a Special Beer and Wine liquor license, for
events on July 22 - 24, 2022, held at 79-7384 Mamalahoa Highway,
Kealakekua, Hawaii.
I. License No. SP-22-017, Aloha Performing Arts Company,
dba Aloha Theatre, for a Special Beer and Wine liquor license, for
events on July 29 - 31, 2022, held at 79-7384 Mamalahoa Highway,
Kealakekua, Hawaii.
M. License No. SP-22-018, Aloha Performing Arts Company,
dba Aloha Theatre, for a Special Beer and Wine liquor license,
for events on August 19 - 20, 2022, held at 79-7384 Mamalahoa
Highway, Kealakekua, Hawaii.
n. License No. SP-22-019, Aloha Performing Arts Company,
dba Aloha Theatre, for a Special Beer and Wine liquor license,
for events on August 5 - 77 2022, held at 79-7384 Mamalahoa
Highway, Kealakekua, Hawaii.
o. License No. SP-22-020, The Friends of the Palace Theater, dba
The Friends of the Palace Theater, for a Special Beer and Wine
liquor license for an event on July 22, 2022, held at the Hilo Palace
Theater, 38 Haili Street, Hilo, Hawaii.
P. License No. SP-22-021, The Friends of the Palace Theater, dba
The Friends of the Palace Theater, for a Special Beer and Wine
liquor license for an event on July 29, 2022, held at the Hilo Palace
Theater, 38 Haili Street, Hilo, Hawaii.
q. License No. SP-22-022, The Friends of the Palace Theater, dba
The Friends of the Palace Theater, for a Special Beer and Wine
liquor license for an event on July 23, 2022, held at the Hilo Palace
Theater, 38 Haili Street, Hilo, Hawaii.
Smith: Do I have a motion to ratify these as a block?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 18 OF 31
Ibarra: Commissioner Ibarra, I so move.
Smith: Thank you very much. Is there a second?
Espejo: Commissioner Espejo, second.
Commissioner Ibarra moved to ratify Special Licenses Issued
for Ratification, Item Nos. 5(a) through 5(q), as stated in the
agenda; Seconded by Commissioner Espejo.
Smith: Thank you very much. Any discussion?
There was no further discussion from Commissioners.
Smith: All those in favor say "Aye."
The Commissioners voted "Aye."
Smith: Any opposition?
There was no opposition by Commissioners.
Smith: Hearing none, motion carried.
The motion was carried unanimously.
6. County of Hawaii, Cost of Government Commission, Communication
Dated July 18, 2022, to the Chairperson of a Hawaii County
(10:19 AM) Commission or Board, for Discussion and Action.
Smith: In your packets, all of you received comments from Chair Dawn Raymond
regarding her feedback for the Cost of Government Commission. Gerald, would you
like to walk us through this?
Takase: Yes. So, the Cost of Government Commission meets I think every four years,
and they are up and running right now. They are required to submit a report to the
Council, basically overlooking all County departments and operations, and seeing
where efficiencies can be made, or if there's problems that come up. So, they're asking
you folks for your input as Commission members. So, Dawn had given me her input.
She's gone, but she wanted it to be brought to the Commission to allow all of the
Commissioners to have any input that they want to share. So, if you look at the second
page of the letter, they list ten questions. So, maybe the easiest way is to just go
through them and if you guys have comments, you can make them and we will note
them, and return them to the Cost of Government Commission. If there's none, then
you can just say none. If they feel that it's important for them to come and meet with
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 19 OF 31
you, then they'll schedule a separate time to meet, which I don't really anticipate
because I don't see us as having lots of cost issues either from the Department, the
Commission, or the Board. So, maybe Riley, if you can just run through the questions,
and if there's any comments, we will record it.
Smith: Sounds good, thanks, Gerald. And so, just for my clarification, the Cost of
Government Commission is advisory to the Mayor's office?
Takase: Yes, it's advisory to the Mayor or the Council, I think. They're the ones going
through the budget.
Smith: So, they make recommendations to the Council, and the Council either listens
to them, implements them, or ignores them?
Takase: Correct.
Smith: Okay, alright, sounds good. So, let me just read through the 10 questions here,
and keep in mind the summary that Dawn provided in her July 31 St email, and the intent
is if any of us present here would like to add anything to what Dawn put together, be
ready to comment on that after we go through this, okay?
I'm going to go through each question, and if you guys have any feedback on any of
these, that we would add to Dawn's comments, let me know and we can add them, and
that would get provided to the Cost of Government Commission.
So, the first one: Can redundancy and waste be reduced by combining
boards/commissions that are like focused?
So, I think specifically for us, that's Adjudication Board, or any other Board or
Commission that exist for the County. Anybody have any input?
Ibarra: Yes. I'd just like to add an addition to Dawn's comments. I don't believe that
the Adjudication Board and the Liquor Commission should be combined because they
perform entirely different functions and responsibilities.
Smith: Okay. Anybody else?
Nishimoto: I agree with that because each has its specific purpose.
Smith: Okay, any other comments?
There were no further comments from Commissioners.
Smith: Moving on to the second question: Is the size of your board/commission
optimized? Is island -wide representation optimized?
Thomas: I agree with what Dawn said, absolutely.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 20 OF 31
Smith: Okay, any other comments?
There were no further comments from Commissioners.
Smith: If not, moving right along.
Item No. 3: Has your board/commission retained its value to the community and
achieved positive results?
Any feedback? I think it does, I agree with Dawn.
Nishimoto: I do too.
Smith: Item No. 4: Is your meeting frequency optimized?
Nishimoto: I believe it is. There are manageable items on the agenda each month, I
think it's optimized.
Smith: Yes, okay. I think the other part too is we need to be responsive to the
community, and to hold an applicant hostage by us not having a meeting impacts them,
so I agree that monthly is good. And, I think the other thing that the Department does
that's really good is that Gerald and Brandon are willing to approve things that we ratify
later, and not hold up an applicant when in their mind, we're compliant with the intent of
the rules, so I think that's very good.
Item No. 5: Has lack of quorums been a problem and affected effectiveness?
Thomas: Not since I've been here.
Smith: So far, no, but today was close. Just so it's clear to everybody, we need to
have unanimity when we vote today, otherwise we can't decide on an item, so typically
not, but today we were close.
Ibarra: Let me comment, I take it that we could have had this meeting as a hybrid, with
some of the Commissioners will appear by Zoom.
Takase: You know, we're kind of in a funny position right now because Zoom meetings
were allowed because of COVID (coronavirus disease), I'm not really sure, I don't know.
Cody might know, I'm not sure if we're still under any of the Governor's mandates?
Ibarra: Because I'm on the Governor's Prison Oversight Commission, and we do have
a hybrid type of meeting because most of the Commissioners are in Honolulu.
Takase: So, one of the Governor's things was that you could meet by Zoom, or you
could meet in person, but you had to choose one or the other. So, if you met in person,
the whole Board had to be there, so that's kind of what we've been operating under.
Now, it was going to get crucial today if you weren't able to make it, and I was just going
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 21 OF 31
to, not violate the rules but ignore the rule to get quorum, because I felt to cancel the
meeting would have been bad. So, in terms of this, I would say that we're usually able
to keep quorum, we don't usually have these many absences.
Ibarra: What would be required to your satisfaction that we have a hybrid type of
meeting if there is a need down the road?
Takase: I guess we will have to ask Cody to weigh in on that one, because I don't see
it, but I don't know.
Ibarra: You know, just in case.
Takase: I'm willing to roll the dice on it because I don't see anybody objecting to that.
Nishimoto: I think they're asking in Question No. 10, whether or not it's something that
should be allowed.
Takase: Okay, so we'll get to that.
Nishimoto: Yes.
Smith: While we're talking about that, I'm on the State Board of Natural Resources,
they run hybrid meetings.
Takase: You know, somehow the State exempts itself from all of their requirements, I
don't know why, they think the Counties aren't able to police themselves or something,
that's always been a problem.
Ibarra: I don't believe that, I think it's totally out of necessity or emergency. I think all of
us want's to be in person, or be with the rest of the Commission members, but for
instances if like today if we didn't have quorum.
Frenz: Director, to follow up on your inquiry, we would not have been able to have
done a hybrid today because, our agenda has already been published for Sunshine Law
purposes. If we say we're in person, we cannot thereafter do in -person and Zoom to
make the quorum, we would have to cancel the meeting. That's a Sunshine issue,
separate and apart from our ability to physically accommodate both. And under our
recent Act 220, if I recall correctly, our recent Sunshine Law violation amendments done
by the State which the Governor adopted, has certain notice requirements. So, if we do
in fact decide to do a hybrid, or if we are going to be 100% Zoom, then we have to
provide an in -person physical location for members of the public to join us by way of
Zoom, which would require an additional location, so all things to factor in. But for an
emergency, I believe it would require republication, depending on how we agendized
our physical appearance and/or a hybrid, for example.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 22 OF 31
Smith: So, Cody let me follow-up. So, to preserve our options, could we have
published an agenda that would allow hybrid method of having a meeting that would
give us the choice to do either?
Frenz: No. If you're going to do that, you need to state what it's going to be, you can't
say it's going to be this or this.
Takase: The problem is not so much for the public, it's for the Board. The way I read
the rules is that we have to choose one or the other and we can't have some members
not present.
Ibarra: Riley, you're on the State board, and I'm on the State board too, we published
the options on the agenda. The Commissioners may appear by hybrid, and there's a
place where the rest will be appearing, and they'll go to that place. But, I guess that's
the way we've been having it.
Takase: I haven't really looked at the State's one, so I don't know how they're
operating. I suspect since they're all on different islands, I hear they're never going to
go back, so they want to stay that way as much as possible because it saves them
money. I think they'll probably looking at the County, saying well you guys are all on the
same island so it shouldn't be the same problems. Only here it's a big problem because
of the distance.
Ibarra: Apparently, we're not the only Board and Commission going through these
questions, and it might come up with them.
Takase: It may come up with the other ones, and if you want to make a
recommendation that we think, you know we've done it and it's good to do because the
Council has pretty much adopted that, but they also set-up satellite sites for the public to
testify at. But, if you folks want to make that as one of your recommendations, that we
should always have the ability to be in- person or by Zoom, we always maintain that
option. I guess, this is a good place to bring it up at.
Ibarra: I'm sure if not us, somebody else will.
Takase: Everybody has the same problems.
Smith: I think it makes sense. Paula, did you want to add anything?
Thomas: No, I think my question is answered, but I didn't hear everything you said,
Gerald.
Takase: I said that, Riley and Ron both sit on State boards, Board of Land and Natural
Resources, and Prison Oversight Commission. So they have the ability to, and they
have been meeting by Zoom. Does anybody meet in person?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 23 OF 31
Ibarra: Yes. How it's set up is, the agenda states the meeting will be held at the place,
and there are Commissioners who will appear by Zoom, so some are here who is on
Zoom, and people come and testify in person or by Zoom.
Takase: So they're saying, the State is doing it, how come we can't do it? Well, from
what I see and what they've issued to us, we were not given that latitude, but you know,
the State always treats the Counties a little differently, so it's like I don't know why. But,
think it's something that we can bring up maybe through this and say that you know,
we want to have that ability too. And you know, it's subject to discussion, maybe the
Council will take it up and say as one of our packages, we want to have the ability to do
that as well. We've kind of moved through COVID (coronavirus disease), we're kind of
adept with setting up Zoom meetings now and having these facilities up. One of the
reasons we're not meeting at our West Hawaii new office yet is because we don't have
internet. So, we couldn't run Zoom out of there and we've been kind of harping on IT
(Information Technology), but I don't know, they haven't done anything yet. But we do
have the ability to do it, so it shouldn't be that bad. I know that you folks rather meet in
person, and it's easier especially with talking to the applicants, but if like today's
meeting, if Ron couldn't make it, we might of had to cancel. But he came through and
we were able to complete our business. I'll bring that up with the Cost of Government,
that that's one of the things that we want to look at.
Thomas: Just to comment, the Sunshine Law is the Sunshine Law but it doesn't make
sense to me that we would not be able to announce in advance that we would have
some Commissioners participating via Zoom and the rest of the people will be in
person, and also be the option for those applicants to either appear in person or by
Zoom, given the fact that if we don't have a quorum and we have to cancel the meeting,
we're also disrupting the business flow of all the applicants, and that seems an undue
burden that's placed on our business community. And technology solves that problem
instantly, and the Sunshine Law and the lack of appropriate announcements becomes a
real liability.
Smith: Thank you, Paula. Cody, you want to comment on that?
Frenz: Yes, just wanted to follow up briefly. So, it's not that it can't be done, it's just
that it's a little bit trickier and it requires more work by the Department. And, as you
already touched on, technology is our friend and our foe in the sense that, under the
Sunshine Law, amendments that passed earlier this year, should we lose an internet
connection and it can't be restored within 30 minutes, you must cancel the meeting no
matter how far in you are. So, there are pros and cons, so keep that in mind. If we
have that option, and our Director has made arrangements and agendized it for
Sunshine purposes as a hybrid, and they've sought out and found a physical location to
accommodate those that may need the public access, which is required by the
Sunshine Law, and then we lose the connection, we're back to square one. So, just
keep that in mind, there are pros and cons to all of it, and it can be done, it's just trickier.
Thomas: Thank you.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 24 OF 31
Smith: Cody, I have a couple follow up questions. So, I agree with Paula, I think it's a
burden on the community and the applicants if we had to cancel a meeting and they
have to wait a month because of things out of their control. I mean, they're trying to run
a business, get permits approved and everything to be able to open. So, just to provide
options, does Gerald have the opportunity to approve some of the applications that
come before us, and then we ratify them next month? If we cancelled today's meeting,
does he have the authority to approve it, and we ratify later?
Takase: The things that I have approval over are listed in the rules, and everything that
do have authority over I've taken action on them, so really it was just the liquor
licenses, I can't approve it without the Commission, so we would have that problem.
And, if we miss a meeting, it will probably be pushed back a month.
Smith: Two months, not until we come back to Kona again?
Takase: No. We can move it into the next month because all the notices were filed.
There's some questions about notices here, but I think even if the meeting got
cancelled, we would appear and notify anybody that appeared for the licensee or the
public, that we didn't have quorum so the Board is not going to meet. But we will
resend it to them, and I think we kind of treated that as meeting the requirements. So,
even if the meeting wasn't officially started, everybody was given notice as to, we
continued it till the next Board meeting. But I would say that it meets the requirements
in terms of carrying over our business meeting so that the applicants and the public,
they have notice when to appear again. And if they cannot appear, a lot of times, we
will let them give testimony on the record, and we will present it at the next hearing. So,
if we had members of the public that can't come to the next meeting and wanted to say
their peace here, we'll record them so it can be presented, to try and be as fair as
possible to all sides, and make the accommodations to them. That's how I think we
would deal with that.
Smith: Alright, thanks, Gerald. So, you know, just my feedback on this, I think it's not
only the cost of government, but it's a cost to the public to run their meetings. I mean,
you know as an example, Robert Ueoka flew in from Honolulu today. He probably
charged his client, Mauna Kea Market, from the time he got to Honolulu Airport, flew
over here, rented a car, drove up here, so that's probably 4-5 hours. He's billing them
at $500.00 an hour, so that cost Mauna Kea $2,500.00 for him to just be here today and
not prepare the application, so I'm very supportive of having hybrids, especially for the
applicants. For us, we're going to be here for the whole meeting, but some of these
folks, they waited 20 minutes and then they're on for a minute. You know, so I think we
need to be cognizant of the cost to the public too, so I would support hybrid meetings.
Okay, any other comments to Item No. 5?
There were no further comments from Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 25 OF 31
Smith: Okay, if not, we're going to move on to Item No. 6, and Gerald, for some of
these that have a lot of comments, you put something together that sort of reflects the
sentiment?
Takase: Yes. So, I'll draft something, and I'll send it out to you folks.
Smith: Okay, sounds good. Is there a deadline?
Takase: I think it's next week.
Smith: Tuesday, August 9t". Okay, so we're going to rely on you.
Takase: Yes.
Smith: Item No. 6: Is your board/commission conforming to the County Charter or
should any code changes to guidelines be suggested?
Gerald, any comment on that?
Takase: I think we're conforming with the Charter, I can't think of anything off -hand that
needs to be changed. Maybe clarifying the terms of Boards and Commissions. We've
had a question come up this year, I kind of disagreed with what they did with Mike
Hughes. Mike Hughes was our Commissioner from Puna and he termed out, but in the
interim, he also moved to Kona. So, I was going to put him on in the Kona slot, which
has been vacant for a couple years now. But, Corporation Counsel overruled us saying
that he couldn't serve, they said he couldn't succeed himself. I said he's not succeeding
himself, he's moving into a new position. So, I thought he would be okay with coming
on the Commission representing Kona now. But they said, "No", and they took him off
and they put him into the Liquor Adjudication slot, which I had actually slotted Claude to
take over. And so, Claude had been on that within two years, so he was going to be off,
but I thought they approved it, so it went forward. He was nominated, he went through
confirmation, and then in the 11 t" hour, they withdrew him after confirmation, which
caused a little bit of heartache with him and with the Council. But you know, other than
that, I don't think we had any real problems.
Smith: Is the two years being off the Board or Commission an issue?
Takase: In and of itself, no. I guess it's how we looked at eligibility, and it just
happened that Mike moved into the district that was vacant, so I thought that was a
good opportunity to fill it up. I still kind of disagree with Corporation Counsel that he's
not allowed, and you know it's a little gray, but so be it, we lived through it.
Smith: Sounds good, moving on.
I'm on Item No. 7: Would an audit of your board/commission be of any benefit?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 26 OF 31
Dawn's answer was, "I don't think so, as I haven't seen or heard any issues." Any
comments from anybody? I'm not concerned, are you guys all good?
There were no further comments from Commissioners.
Smith: Moving on to Item No. 8: Would employing a support staff of secretaries and
lawyers for the exclusive use of the Commissions and Boards so as to not distract the
workload of other county employees be prudent?
Takase: So, what they're talking about here is having pools of secretaries and a pool of
attorneys, I guess to serve all the Boards and Commissions. For us, Hau`oli has to do
all of the notices, not only noticing for the meeting, but she has to send it out to all the
applicants. There's quite a bit of work for her for this Department, and it's not only for
this Commission. When we have Adjudication Board, she has to coordinate getting the
complaints up to Corporation Counsel, having them approve it, and then having them
served, so for us, I would say it's not advisable. On the attorney side, almost the same
thing. I think it's good for Corporation Counsel to have their hands in all of it, because if
you have one pool of attorneys, and that's all they do is advise the Boards, I think they
really lose touch with what's going on with the Departments. So, they may be able to
advise properly in terms procedure, but you know, that's a very small portion of what
takes place. Having them knowledgeable with what's going on with the Departments is
more important in my mind. So, I don't see it as being that helpful, there are other
Boards and Commissions that the secretaries just come in, takes the minutes and that's
it. So, in those situations, it might work. I think Water, Police, and Fire, they pooled
their secretary, because I think they were finding that their secretary didn't have enough
work to do, and that's why they were doing it that way. And so, I would say it doesn't
work in every case, but we are able to keep Hau`oli fully occupied.
Smith: Paula, you had anything?
Thomas: Yes, just wanted to point out that, I agree with what you said, Gerald. I
mean, I don't perceive from my experience here that a pool of lawyers and secretaries
will be necessary, but I have observed, in terms of any Board or any leadership team,
the range of expertise that's brought forth by individuals varies depending on the
individuals. And, it's certainly helpful for this particular Commission, that we have some
legal expertise on our Board, we have people who have Planning expertise on our
Board, and they can ask questions of the applicants that are very relevant that not
everybody would think to ask because they don't have that background. And so, there's
a variability in the efficacy of the Board, of any Board, given the expertise that has been
brought to the table by the individuals, and that's more important and more relevant.
Smith: Okay, thank you, Paula. Any other comments?
Ibarra: So, I think this Commission is one of the most active Commissions in the
County, as far as the responsibilities and processing requests for licenses, it's a full-time
job, and Commissioners has to be on top of it, and depend on the staff. And, I don't
believe that the staff should could come out of a pool. The existing set-up is good
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 27 OF 31
enough, the staff is trained and like what Gerald said, they know what to do to provide
us with the information. As far as the lawyers, same thing. You know, Corporation
Counsel already has a pool, whose assigned to Council and certain Departments, and
we found in the past, that you get this pool and you get a different lawyer every time,
that lawyer has to come up to speed and just like Cody here fortunately, I was
impressed that she knew the Sunshine Law, she can give us the answer, versus "Wait,
got to go research." You know, so it has some benefits of having a lawyer dedicated,
even if it's outside of our Department, Corporation Counsel dedicating a lawyer to the
Commission to become up to speed, sort of speak, so that quickly when we have
hearings, we can ask Corporation Counsel. Of course, they prepare ahead of time for
the agenda, so I believe the existing set up is fine for our Commission. Now other
Commissions, they're not as active as our Commission, and they have a lot of time and
things like that, so we just don't want to be part of that same category. You know,
think the distinction is that we're an active Commission, as you can see, we serve the
public, and it involves a lot of public coordination also.
Smith: Thank you, Ron. Ron, just so you know, I checked with Cody, she's going to be
assigned to us all the time now, right?
Frenz: That's my understanding, I asked to be assigned and I will continue to fight to
keep my assignment with you as well.
Smith: We like you being here, thank you. We like consistency.
Frenz: And actually, just follow up as far as what Commissioner Ibarra is saying, as
well as everyone else has indicated, I completely agree with you as to the attorneys.
do hope Cost of Government will ask our other Boards and Commissions. I also
represent Board of Ethics, Police Commission, Board of Appeals, and Planning
Commission, and this is the first that I've seen of such a request, because I can tell you
that for Board of Ethics, Corporation Counsel's secretary is being used for Board of
Ethics, and has been for years, and that is quite tricky given her additional load. But,
think what is most relevant is what Commissioner Ibarra has already indicated, the
function of this particular Commission, which is your only kuleana as far as this inquiry
here today, and I think what you guys had already all touched on so far is accurate for
the purposes of Liquor Commission which is the only inquiry.
Smith: Sounds good. And I think to just add to my comments, I think having Gerald
and Brandon with legal backgrounds, as well as Judge Ibarra, you know we have plenty
legal advice that's sound and consistent.
Alright, let's move on to Item No. 9: What suggestions might you have for using
standard A/V equipment and resources across boards and commissions, as well as
standardizing how the community can interact with each board and commission
remotely and/or in -person? What equipment, systems and facilities are you using in this
regard?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 28 OF 31
Dawn didn't have any suggestions, but she said what we're doing works well, so you
folks have any feedback on that?
Nishimoto: I think I have one for this discussion. When finding out that Brandon
wasn't going to be here today because we utilize Zoom, so I would think that there
would be somebody else that would be able to setup the A/V (audio visual) equipment
in case Brandon is not here. What would happen if we needed the Zoom participation?
Takase: Brandon is critical to our needs, but we would operate without him. We have
liaison with Council Services, who opens and sets it up, so we would have had a fancy
set up. I think the two Council rooms are kind of the Cadillacs of the A/V (audio visual)
systems, so if we could all use that, you know that would be great. I think we're actually
pretty well equipped in terms of recording equipment and stuff, so it's probably not so
much a question for us, if we could all standardize, that be good. To me, that would
mean having all the meetings facilities one, having the County come in and provide the
equipment for everyone.
I'll tell you, when we renovated our Hilo office, we were going to have the whole
9-yards, but when it came back to me, the total renovation cost was about
$2,000,000.00. Just to put in the audio-visual, two TV's (televisions), and microphones,
they wanted $250,000.00. So, I cut it out of the contract, so we're not fully up, but you
know, the Council, this is probably their third system since we were there, so you know,
they're going to have the same cost every time, and it's just too much for meeting once
or twice a month. So, I think we're doing okay, we're probably ahead of most
Departments and Commissions in terms of our capabilities. We have the money to
finance our equipment, but you know, we're cognizant of overspending too. So, we will
spend when we need to, but I didn't think it was necessary.
I'll talk to Cost of Government. If they're going to standardize everybody, we'll
participate, but I think you're going to find that they're actually way behind us right now.
We're probably on the front-end.
Smith: So Gerald, as we get more complex responses to some of these questions, and
since the deadline is next Tuesday, you'd likely just summarize, send something to
them and give us copies?
Takase: Yes, well I'll finish it on Monday some time.
Smith: Okay, sounds good. Any other comments on Item No. 9?
There were no further comments from Commissioners.
Smith: Moving on to Item No. 10: Should all meetings be held both in -person
(as permitted) and via Zoom (or equivalent)?
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think we kind of talked about giving the hybrid option, yeah? I think it's better for the
applicants too, as well as for us, but more so for the applicant. So, any other additional
feedback on that item?
There were no further comments from Commissioners.
Smith: Okay, I think we're good on Item No. 6 on our agenda. We provided a lot of
feedback, we need to formulize that we approve, okay? Is there a motion from one of
our Commission members to delegate to Gerald to summarize everything that's been
said, and incorporate Dawn's written comments, to provide something by the deadline
that's requested? Is there a motion?
Ibarra: Commissioner Ibarra, I so move.
Smith: Second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Ibarra moved to delegate Director Gerald Takase,
to summarize Liquor Commission feedback, and incorporate Chair
Dawn Raymond's written comments, to provide response to the
Cost of Government Commission as requested by the deadline;
Seconded by Commissioner Thomas.
Smith: Thank you. Any discussion?
There was no discussion from Commissioners.
Smith: If not, all those in favor say "Aye."
The Commissioners voted "Aye." There was no opposition by Commissioners.
Smith: Motion carried.
The motion was carried unanimously.
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IX. Announcements (10:59 AM)
Meetings of the Liquor Commission
September 1, 2022, 10:00 A.M., Meeting Room, Department of Liquor
Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii.
October 6, 2022, 10:00 A.M., Kona Council Chambers, West Hawaii
Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii.
X. Adjournment
Meeting adjourned at 11:00 A.M.
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2d Takase
Director
The August 4, 2022 meeting minutes were approved as circulated, via email on
August 25, 202Z by the Liquor Commission of the County of Hawaii on September 1, 2022.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, AUGUST 4, 2022 - KONA PAGE 31 OF 31