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Greenwell: It would be nice if these 12 months could be used in their defense when they go to
<br />Planning and say, "hey, I'm up against the wall with the Liquor Department," but I understand.
<br />Takase: Yes, so mostly we're dealing with lay people, they don't have attorneys, and they're
<br />just trying to get through the system, so they don't want to raise defenses, they're trying to play
<br />nice with everybody, so we try to keep them from getting into that situation.
<br />Ibarra: I think we all understand that, you know, you and your staff tries to help the applicants
<br />and licensees, but I guess what the concern is, sometimes as you know, that no matter how
<br />much you want to help, unfortunately, if the law says you don't have jurisdiction after a certain
<br />period of time, it's null and void, even if we approve it, we're doing more damage to the
<br />applicant later. But, if we have the discretion, that's what we're looking at, right? Mr. Okabe?
<br />Okabe: In that same note, does the Commission have the authorization to make it less? If the
<br />Commission decides to
<br />Takase: Well, you could give it any amount of time, so you could say 6 months, but we've kind
<br />of moved the latest ones out to one year to keep them from having to come back and reapply,
<br />you know, so to save them time and save us time, that's why we kind of pushed them out so
<br />far.
<br />Okabe: But does the Commission have the authority to ask the person to come before the
<br />Commission to explain the progress and things like that on the agenda?
<br />Takase: Yes, surely.
<br />Wilkinson: Do you have information as to when the initial application came in so we know
<br />how long this extension is for?
<br />Takase: Stacie, do you have the Kapapala Ranch file?
<br />Ibarra: So, while she's getting the file, maybe this is a good time to raise it, I know the
<br />atmosphere of this Commission is basically to help the people in the community, to get their
<br />license and businesses going. But yet on the other hand, we want to be sure to comply with
<br />the rules, because the rules have the force and effect of the law, and if we need to amend it to
<br />give the Commission discretion, maybe we should look at that with Corporation Counsel.
<br />Takase: And that's part of the amendments coming up. But you know, I guess in this
<br />situation, we're trying to help out the rest of the County, or else the complaints are always
<br />going to be back on Planning and Public Works. I think they're trying, but I don't want to add
<br />to their burden.
<br />Ibarra: And I would agree with that but, just looking at the protests that came in, the two, don't
<br />you think if we never had legal authority to extend any permits, the protestors would come and
<br />challenge our decision based on that? All I'm saying is if we get the discretion, let's get it and
<br />exercise it, versus you're illegal, you have no authority to extend even if you're using the
<br />discretion, the rule is the rule, it's black and white. So, if we need to change it to help the
<br />MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 24 OF 46
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