HomeMy WebLinkAbout2023-05-04 Liquor Commission MinutesCOUNTY OF HAWAI`I
DEPARTMENT OF LIQUOR CONTROL
LIQUOR COMMISSION MEETING
MINUTES — MAY 49 2023
HILO LAGOON CENTRE
101 AU PU N I STREET, UNIT 230
H I LO, HAWAI `I
I. Call to Order
The meeting was called to order by Chair Ibarra at 10:02 A.M., in the Meeting
Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Au pu n i Street, Unit 230,
Hilo, Hawaii.
The following were present and constituted a quorum:
Commissioners: Ronald Ibarra, Chair
Laurisa Nishimoto, Vice Chair
Doug Espejo, Commissioner
David Greenwell, Commissioner
Wil Okabe, Commissioner
Paula Thomas, Commissioner
Jennifer Wilkinson, Commissioner
Jennifer Yadao, Commissioner
Absent and Excused: None
Others Present: Gerald Takase, Director
Brandon Gonzalez, Administrative Officer
Dakota Frenz, Deputy Corporation Counsel
Stacie Waltjen, Licensing Officer
Hau`oli Sayles, Commission Secretary
Ibarra: This meeting is being recorded, so speak loud and clear and one at a time so
the recording is good. We're conducting this meeting via Zoom and in person. Zoom
participants, set your device microphone to mute. When it's time to speak, unmute your
microphone, proceed with your statements, and when done, mute your microphone. You
may log out when your item is done. Commissioners, state your name first so Zoom
participants know who is speaking. We will now do roll call, please say present when
your name is called.
Sayles: Vice Chair Nishimoto.
Nishimoto: Present.
Sayles: Commissioner Espejo.
Espejo: Present.
Sayles: Commissioner Greenwell.
Greenwell: Present.
Sayles: Commissioner Okabe.
Okabe: Present.
Sayles: Commissioner Thomas.
Thomas: Present.
Sayles: Commissioner Wilkinson.
Wilkinson: Present.
Sayles: Commissioner Yadao.
Yadao: Present.
Sayles: Chair Ibarra.
Ibarra: Present.
Sayles: Others present are Director Gerald Takase, Administrative Officer Brandon
Gonzalez, Deputy Corporation Counsel Cody Frenz, Licensing Officer Stacie Waltjen,
and Commission Secretary Hau`oli Sayles.
II. Approval of Minutes —April 6, 2023 (10:03 AM)
Ibarra: The April 6, 2023, meeting minutes were circulated via email on May 2, 2023.
There is a note on the correction, on pages 12-13 to Preliminary Hearings Item No. 4,
Application No. T22-29, JNB Investment Corporation, dba Barcode Karaoke & Grill, for the
Sale and Transfer of the Dispenser General liquor license. The Public Hearing date and
location of May 4, 2023, in Hilo was incorrect. The correct Public Hearing date and location
is June 1, 2023, in Kona.
Greenwell: This is Commissioner Greenwell, I'll make a motion to approve the
corrected minutes.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 2 OF 46
Thomas: Second, Commissioner Thomas.
Commissioner Greenwell moved to approve the April 6, 2023,
Liquor Commission meeting minutes as corrected;
Seconded by Commissioner Thomas.
Ibarra: It's moved and seconded, any discussion?
There was no discussion from Commissioners.
Ibarra: No discussion. All those in favor of approving the minutes as corrected, say
"Aye."
The Commissioners voted "Aye."
Ibarra: Opposed please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is carried.
The motion was carried with 7-Ayes and 1-Abstain (Wilkinson).
III. Approval of Addendum and/or Supplemental Agenda (10:04 AM)
Ibarra: There is no Addendum and/or Supplemental Agenda.
IV. Public Statements on Agenda Items (10:04 AM)
Ibarra: Any public statements from members of the public at this time on the agenda
items, either via Zoom or in person?
There were no statements from members of the public.
V. Public Hearings (10:05 AM)
1. APPLICATION NO.:
APPLICANT:
(10:05 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
22-20
A-Bay's Cantina LLC
Mauka Bar and Grill
69-600 Waikoloa Beach Drive, Waikoloa, Hawaii
6-9-008:025
Original Restaurant General liquor license,
Category B2
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Brian Flynn, Co-owner, was present in person.
Ibarra: Your name, sir?
Flynn: I'm Brian Flynn.
Ibarra: And what is your position?
Flynn: One of the owners of A -Bays Cantina LLC (Limited Liability Company).
Ibarra: Okay, and please describe your business.
Flynn: Yes, so Mauka Bar and Grill is going to be a clubhouse bar and grill at the
Waikoloa Resort Beach Golf Course in the daytime, and then nighttime, we're going to
open up as a steakhouse.
Ibarra: Did you receive the application report?
Flynn: Yes.
Ibarra: Any changes to the report?
Flynn: No.
Ibarra: Mr. Director, any report of protests?
Takase: Mr. Chairman, the applicant mailed 1 out of 1 notice within 100 feet, 4 out of 4
notices within 500 feet. There were 4 total properties entitled to protest, there were no
protests to this application.
Ibarra: Okay, thank you. Any public testimony on this matter either from Zoom or in
person?
There was no public testimony.
Ibarra: Negative response. Commissioners, any questions or discussion?
There was no discussion from Commissioners.
Ibarra: Negative response. Any motion to close the public hearing, Commissioners?
Thomas: Commissioner Thomas, move to close public hearing.
Nishimoto: Commissioner Nishimoto, second.
Commissioner Thomas moved to close the public
hearing; Seconded by Commissioner Nishimoto.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 4 OF 46
Ibarra: Okay, any discussion of the motion to close?
There was no discussion from Commissioners.
Ibarra: No discussion by Commissioners. All those in favor of closing the public
hearing, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: The motion to close public hearing is approved.
The motion was carried unanimously.
Ibarra: Any motion to approve or deny Application No. 22-20, pending final inspection,
Commissioners?
Okabe: Commissioner Okabe, move to approve.
Thomas: Commissioner Thomas, second.
Commissioner Okabe moved to approve Application No. 22-20, A-Bay's
Cantina LLC, dba Mauka Bar and Grill, for an original Restaurant General
liquor license, Category B2, located at 69-600 Waikoloa Beach Drive,
Waikoloa, Hawaii, TMK: 6-9-008:025, pending final inspection;
Seconded by Commissioner Thomas.
Ibarra: Okay, it's been moved and seconded that Application No. 22-20 be approved
pending final inspection. Any discussion of the motion?
There was no discussion from Commissioners.
Ibarra: There is none. All those in favor please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 5 OF 46
2. APPLICATION NO.:
APPLICANT:
(10:07 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
22-23
Kuakini Operations LLC
Kona Distillery, Co.
75-6099 Kuakini Highway, Kailua-Kona, Hawaii
7-5-017:002
Original Small Craft Producer Pub liquor license,
Category 131
Newton Chu, Esq., Authorized Agent, was present in person.
Tom Conzelman, Project Manager, was present via Zoom.
Chu: Good morning, Chairman Ibarra, and Members of the Commission, Newton Chu
on behalf of the applicant.
Ibarra: Mr. Chu, anybody else attending on Zoom?
Chu: I believe on Zoom, we have Tom Conzelman and Mark Hall.
Ibarra: Mr. Conzelman, are you on Zoom?
Conzelman: Yes, sir.
Ibarra: Okay, and Mr. Hall, are you on Zoom? Mr. Hall?
Chu: He might not be on, it's okay.
Ibarra: Mr. Chu, could you tell us about the business?
Chu: Yes. The goal of this project is to produce specialty liqueurs made initially from
coffee, there will also be coffee roasting. As you know, Kona coffee is an international
renowned product, and the creation of this distillery to distill Kona coffee into specialty
liqueurs, my client believes it will be a very, very interesting and welcomed product to
our island. There'll be tasting rooms, they'll be able to see the distillery, the distill will be
behind glass. And, to support this unique experience, we'll be offering tours and show
videos on how coffee is raised, produced, and then distilled. So, there'll be a tasting
room, and an opportunity for customers to purchase the items.
Ibarra: And, Mr. Chu, did you or your client receive the application report?
Chu: Yes.
Ibarra: Any changes?
Chu: No changes.
Ibarra: Mr. Director, are there any reports of protests?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 6 OF 46
Takase: Mr. Chairman, the applicant mailed 1 out of 1 notice within 100 feet, 1 out of 1
notice within 500 feet. There was 1 property entitled to protest, there were no protests
to this application.
Ibarra: Thank you. Any public testimony on this matter?
There was no public testimony.
Ibarra: There be none. Commissioners, any questions or discussion?
Wilkinson: Commissioner Wilkinson, I have a question.
Chu: Sure.
Wilkinson: How far along are you with this building, it looks like it hasn't been built. I'm
just curious when?
Chu: Yes, it's still under construction. Maybe I'll let Tom, who is the Project Manager,
update us on when you anticipate completion of the build out.
Conzelman: That's a great question. We are picking up speed, the building is now
watertight, interior walls are going in, all the infrastructure is done, site improvements
are happening, and if you'd like, I can give you a 30 second video of what the latest
looks like, if you're interested in seeing it.
Wilkinson: Yes, please.
Chu: Yes, they would, Tom.
Conzelman: Alright, standby one second. You can see the roof is on, the lanai at the
bottom of the screen is covered and out, those columns you see in white are locally
sourced ohia columns. They are covered now for protection, the building has been
waterproofed, and probably not as visible from this video, but the grading for the site
improvements are done, the retaining wall in the back and the decorative wall is done.
Wilkinson: So, when do you estimate it will be complete?
Conzelman: September of this year.
Wilkinson: I also noticed you said they plan to cultivate a lot of the ingredients on the
property. Are those plants already there, or will you be sourcing outside for that to
start?
Conzelman: That's a great question, it's the latter, the actual coffee plant itself is still
TBD'ers (to be determined), and different types of plants, and while we have the
infrastructure for irrigation, and we have some very sophisticated water reuse systems
for irrigation, the actual plant itself is still TBD (to be determined). Thank you.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 7 OF 46
Wilkinson: Thank you.
Chu: TBD is to be determined.
Ibarra: Commissioners, any other questions or discussion?
Thomas: What will be the maximum capacity in terms of visitors at any given time?
Conzelman: I believe we are limited to 25 people, the touring and the visitor, I guess,
program is still to be determined, but we can shuttle in much like Kona Brewing and
their tours, we can shuttle in folks in groups of up to 25, for a couple hours tour, and
then get another group in there.
Thomas: Thank you.
Ibarra: Commissioner Greenwell.
Greenwell: Tom, I appreciate the video, thank you.
Ibarra: Commissioners, any other questions or discussion?
There was no further discussion from Commissioners.
Ibarra: There be none. Commissioners, any motion to close the public hearing?
Wilkinson: Commissioner Wilkinson, motion to close the public hearing.
Greenwell: Commissioner Greenwell, I'll second.
Commissioner Wilkinson moved to close the public
hearing; Seconded by Commissioner Greenwell.
Ibarra: It's been moved and seconded that the public hearing be closed. Any
discussion of the motion to close?
There was no discussion from Commissioners.
Ibarra: Negative response. All in favor of closing the public hearing, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: No opposition, the public hearing is closed.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 8 OF 46
The motion was carried unanimously.
Ibarra: Any motion to approve or deny Application No. 22-23, pending final inspection,
Commissioners?
Nishimoto: Commissioner Nishimoto, move to approve Application No. 22-23, pending
final inspection.
Greenwell: Commissioner Greenwell, second.
Commissioner Nishimoto moved to approve Application No. 22-23,
Kuakini Operations LLC, dba Kona Distillery, Co., for an Original
Small Craft Producer Pub liquor license, Category B1, located at
75-6099 Kuakini Highway, Kailua-Kona, Hawaii, TMK: 7-5-017:002,
pending final inspection; Seconded by Commissioner Greenwell.
Ibarra: It's been moved and seconded on the motion to approve Application No. 22-23,
pending final inspection. Any discussion of the motion?
There was no discussion from Commissioners.
Ibarra: There be none. Voting on the motion to approve, all in favor please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
3. APPLICATION NO.:
APPLICANT:
(10: 15 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
22-24
Big Island Meadery LLC
Big Island Meadery
16-313 Shipman Road, Kea`au, Hawaii
1-6-141:015
Original Small Craft Producer Pub liquor license,
Category B 1
Vanessa Houle, Owner, was present in person.
Ibarra: Ma'am, please state your name.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 9 OF 46
Houle: Hi there, I'm Vanessa Houle, Owner and Manager of Big Island Meadery LLC
(Limited Liability Company).
Ibarra: Please tell us about the business.
Houle: So, we are using locally raised honey to ferment into a product known
as honey wine. We can also purchase locally grown fruits and spices to add as
ingredients, and our facility is right there in Kea`au, we'll have a tasting room for the
public as well.
Ibarra: Thank you. Did you receive the application report?
Houle: I did.
Ibarra: Are there any changes?
Houle: No.
Ibarra: Mr. Director, any report of protests?
Takase: Mr. Chairman, the applicant mailed 2 out of 2 notices within 100 feet, 15 out of
16 notices within 500 feet, and 1 notice to a condominium or cooperative apartment
manager. There were 15 total properties entitled to protest, we received no protests to
this application.
Ibarra: Thank you. Any public testimony regarding this matter either via Zoom or in
person?
There was no public testimony.
Ibarra: I see none. Commissioners, any discussion or questions of the applicant?
There was no discussion from Commissioners.
Ibarra: No? Okay. Is there a motion, then Commissioners, to close the public
hearing?
Okabe: Commissioner Okabe, so moved.
Ibarra: Any second to close the public hearing?
Greenwell: Commissioner Greenwell, second.
Commissioner Okabe moved to close the public
hearing; Seconded by Commissioner Greenwell.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 10 OF 46
Ibarra: It's been moved and seconded that the public hearing be closed. Any
discussion on the motion to close the public hearing?
There was no discussion from Commissioners.
Ibarra: Okay, there be none. All in favor of closing the public hearing, please say
"Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition please say "Nay."
There was no opposition by Commissioners.
Ibarra: No opposition, the motion is carried.
The motion was carried unanimously.
Ibarra: Is there a motion to approve or deny Application No. 22-24, pending final
inspection, Commissioners?
Wilkinson: Commissioner Wilkinson, motion to approve.
Nishimoto: Commissioner Nishimoto, second.
Commissioner Wilkinson moved to approve Application No. 22-24,
Big Island Meadery LLC, dba Big Island Meadery, for an Original
Small Craft Producer Pub liquor license, Category B1, located at
16-313 Shipman Road, Kea`au, Hawaii, TMK: 1-6-141:015, pending
final inspection; Seconded by Commissioner Nishimoto.
Ibarra: It's been moved and seconded that Application No. 22-24 be approved, pending
final inspection. Any discussion of the motion?
There was no discussion from Commissioners.
Ibarra: There's no discussion, voting on the motion, please say "Aye" if you're in favor.
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 11 OF 46
The motion was carried unanimously.
VI. Preliminary Hearings (10:17 AM)
1. APPLICATION NO.:
APPLICANT:
(10: 17 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
22-30
Maurice Thomas
Thai Thai Bistro & Bar
19-4084 Old Volcano Road, Volcano, Hawaii
1-9-004:014
Increase in Licensed Premises to its Restaurant
General liquor license, Category B1, to include
an additional room adjacent to its existing
licensed premises
Maurice Thomas, Owner, was present in person.
Ibarra: Please state your name, sir.
Thomas: Maurice Thomas.
Ibarra: And what is your relationship to the business?
Thomas: I'm the owner of Thai Thai Bistro & Bar.
Ibarra: Okay, and please describe the business.
Thomas: Basically, we're just a Thai Restaurant, my wife is from Thailand, so we've
been operating since 1999.
Ibarra: Okay, and did you receive the application report?
Thomas: Yes.
Ibarra: Are there any changes to the report?
Thomas: None.
Ibarra: Thank you. Any public testimony on this matter either via Zoom or in person?
There was no public testimony.
Ibarra: There's no public testimony. Commissioners, any questions or discussion on
this matter?
There was no discussion from Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 12 OF 46
Ibarra: No questions or discussion. Is there a motion to approve or deny?
Okabe: Commissioner Okabe, move to approve.
Thomas: Commissioner Thomas, second.
Commissioner Okabe moved to approve Application No. 22-30,
Maurice Thomas, dba Thai Thai Bistro & Bar, for an Increase in
Licensed Premises to its Restaurant General liquor license, Category
B1, to include an additional room adjacent to its existing licensed
premises, located at 19-4084 Old Volcano Road, Volcano, Hawaii,
TMK: 1-9-004:014, with public hearing to be held on July 6, 2023, in
Hilo, Hawaii; Seconded by Commissioner Thomas.
Ibarra: It's been moved to approve Application No. 22-30, with public hearing to be
held July 6, in Hilo. Any discussion on this motion?
There was no discussion from Commissioners.
Ibarra: There be none. All in favor of the motion to approve, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is carried or passed.
The motion was carried unanimously.
Ibarra: Please wait, Mr. Thomas, there's another matter on the agenda. This is New
Business, Item No. 6(a), which will now be taken out of order.
Changed the Order of Business: The following item was taken out of order.
VIII. New Business (10:19AM)
6. Permits Issued for Ratification (10: 19 AM)
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 13 OF 46
a. Maurice Thomas, dba Thai Thai Bistro & Bar, ratification of
Application for Alteration Permit, to add new extention of approximately
(10:19 AM) 2,880 square feet, approved by Director Gerald Takase on April 24, 2023,
of its Restaurant General liquor license, Category B1, located at
19-4084 Old Volcano Road, Volcano, Hawaii, TMK: 1-9-004:014.
Ibarra: Is there any motion to ratify?
Thomas: Commissioner Thomas, move to ratify.
Greenwell: Commissioner Greenwell, second.
Commissioner Thomas moved to ratify the Application for Alteration
Permit, to add new extension of approximately 2,880 square feet,
approved by Director Gerald Takase on April 24, 2023, of its Restaurant
General liquor license, Category B1, located at 19-4084 Old Volcano
Road, Volcano, Hawaii, TMK: 1-9-004:014; Seconded by Commissioner
Greenwell.
Ibarra: It's been moved and seconded on the motion to ratify. Any discussion of the motion
to ratify?
Takase: Mr. Thomas, can you give us an update on how the alteration is going?
Thomas: You mean, is it done?
Takase: You're still trying to get it done, or get it through Building?
Thomas: For the?
Takase: Increase.
Thomas: Oh, that's already been, everything there is
Takase: It's completed now?
Thomas: Yes, it's all been what you call, we've gotten our Certificate of Occupancy.
Takase: Okay, very good.
Ibarra: Any other questions or discussion on the motion to ratify?
Wilkinson: Just a real quick question, how many people are licensed or authorized to sell
liquor?
Thomas: In Thai Thai premises, I think we have about three cardholders.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 14 OF 46
Wilkinson: Thank you.
Ibarra: Any other questions or discussion, Commissioners?
There was no further discussion by Commissioners.
Ibarra: No further questions or discussion. Voting on the motion to ratify, all those in favor
please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
Returned to the Order of Business
VI. Preliminary Hearings (10:21 AM)
2. APPLICATION NO.:
APPLICANT:
(10:22 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
T22-31
Ohana Foods Inc.
Mizuno Superette
96-3167 Pi kake Street, Pahala, Hawaii
9-6-016:035
Sale and Transfer of the Retail General
liquor license, currently held by H H & S, Inc.,
dba Mizuno Superette
Carl Okuyama, Co-owner, was present in person.
Ibarra: Sir, please state your name.
Okuyama: Good morning, my name is Carl Okuyama.
Ibarra: And, Mr. Okuyama, what is your relationship to the business?
Okuyama: I am the President of the company.
Ibarra: Describe the business, please.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 15 OF 46
Okuyama: Yes. Mizuno Superette is located in Pahala, and it's in the center of the
town. The current owner, who is Rochell Hara, who's the President of H H & S, Inc., is
retiring, and so the property is being bought by Olson Trust No. 2, and I signed a lease
with Olson Trust No. 2, which is effective May 12t"
Ibarra: Did you receive the application report?
Okuyama: Yes, I have.
Ibarra: Are there any changes?
Okuyama: No.
Ibarra: Any public testimony either via Zoom or in person on this matter?
There was no public testimony.
Ibarra: There be none. Commissioners, any questions or discussion?
There was no discussion from Commissioners.
Ibarra: No questions or discussion by the Commissioners. Commissioners, any motion
to approve or deny Application No. T22-31 ? If approved, public hearing to be held
June 1, 2023, in Kona.
Okabe: Commissioner Okabe, move to approve.
Greenwell: Commissioner Greenwell, second.
Commissioner Okabe moved to approve Application No. T22-31,
Ohana Foods Inc., dba Mizuno Superette, for a Sale and Transfer of
the Retail General liquor license, currently held by H H & S, Inc., dba
Mizuno Superette, located at 96-3167 Pikake Street, Pahala, Hawaii,
TMK: 9-6-016:035, with public hearing to be held on June 1, 2023, in
Kona, Hawaii; Seconded by Commissioner Greenwell.
Ibarra: It's been moved and seconded that the motion to approve Application No.
T22-31, with public hearing on June 1, 2023, in Kona. Any discussion on this motion,
Commissioners?
There was no discussion from Commissioners.
Ibarra: There's no discussion. Okay, voting on the motion to approve, all in favor
please say "Aye."
The Commissioners voted "Aye."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 16 OF 46
Ibarra: Any opposition please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is carried or passed.
The motion was carried unanimously.
3. APPLICATION NO.:
APPLICANT:
(10: 24 AM) TRADE NAME:
PLACE OF BUSINESS:
TM K:
LICENSE APPLIED FOR:
22-32
Moa Kitchen LLC
Aka Sushi
Waimea Center, 65-1158 Mamalahoa Highway,
Suite 813, Kamuela, Hawaii
6-5-005:002
Original Restaurant General liquor license,
Category A
Etsuko Ji, Co-owner, was present via Zoom.
Ibarra: Ms. A are you on Zoom?
Ji: Yes, I am.
Ibarra: Okay, please state your full name, ma'am.
Ji: My name is Etsuko Nomura Ji.
Ibarra: What is your relationship to the business?
Ji: I'm the Manager.
Ibarra: Okay, and please describe this business.
Ji: Aka Sushi is a small Japanese restaurant, serving traditional Japanese -style sushi,
udon noodles, and some Japanese dishes.
Ibarra: Did you receive the application report?
Ji: I did, yes.
Ibarra: Are there any changes in the report?
Ji: No changes.
Ibarra: Is there any public testimony either in person or by Zoom on this matter?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 17 OF 46
There was no public testimony.
Ibarra: There's no public testimony. Commissioners, are there any questions or
discussion on this matter? Mr. Greenwell.
Greenwell: In our handout, there was only one Personal History and Affidavit on this
Manager, there was nothing on this Manager that was listed, Horii.
Takase: Mr. Greenwell, Moa Kitchen is a current licensee of ours, so everybody else 's
Personal Histories, we should have probably included it, but we have all the Personal
Histories from Moa Kitchen on file, and they're already in our system.
Greenwell: Yes, because they already have a license?
Takase: Yes, so they're already in our system.
Greenwell: Oh, okay.
Ibarra: Ms. A can you hear the discussion?
Ji: Yes, I did.
Ibarra: Commissioners, any other questions or discussion?
There was no further discussion from Commissioners.
Ibarra: There's no further questions or discussion. Any motion to approve or deny
Application No. 22-32? If approved, public hearing to be held July 6, 2023 in Hilo.
Wilkinson: Commissioner Wilkinson, motion to approve Application No. 22-32, with
public hearing to be held July 6, 2023, in Hilo.
Nishimoto: Commissioner Nishimoto, second.
Commissioner Wilkinson moved to approve Application No. 22-32,
Moa Kitchen LLC, dba Aka Sushi, for an Original Restaurant General
liquor license, Category A, located at the Waimea Center, 65-1158
Mamalahoa Highway, Suite 8B, Kamuela, Hawaii, TMK: 6-5-005:002,
with public hearing to be held on July 6, 2023, in Hilo, Hawaii;
Seconded by Commissioner Nishimoto.
Ibarra: Any discussion on the motion to approve, Commissioners?
There was no discussion from Commissioners.
Ibarra: No discussion. Voting on the motion to approve, all those in favor say "Aye."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 18 OF 46
The Commissioners voted "Aye."
Ibarra: Opposed please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed or carried.
The motion was carried unanimously.
Ibarra: Ms. A there's another matter on the agenda. The next matter will be taken out
of order, New Business, Item No. 3(a).
Changed the Order of Business: The following item was taken out of order
VIII. New Business (10:27AM)
3. Change in Members /Managers Submitted for Approval (10:27 AM)
a. Moa Kitchen LLC, dba Moa Kitchen Restaurant, approval of
Change in Managers as follows:
(10:27 AM)
• Appointment of Etsuko Ji, as Manager, effective January 6, 2023;
• Appointment of Akinao Horii, as Manager, effective April 11, 2023,
• Personal History and Affidavit for Etsuko Ji, Manager;
by form received April 11, 2023; of its Restaurant General liquor license,
Category A, located at 65-1298 Kawaihae Road, Kamuela, Hawaii.
Ibarra: Any motion to approve the change as stated in the agenda?
Wilkinson: Commissioner Wilkinson, so moved.
Thomas: Commissioner Thomas, second.
Commissioner Wilkinson moved to approve the Change in Managers
as follows: Appointment of Etsuko Ji, as Manager, effective January 6,
2023; Appointment of Akinao Horii, as Manager; effective April 11, 2023;
Personal History and Affidavit for Etsuko Ji, Manager; by form received
April 11, 2023; of its Restaurant General liquor license, Category A,
located at 65-1298 Kawaihae Road, Kamuela, Hawaii; Seconded by
Commissioner Thomas.
Ibarra: Any discussion of the motion to approve?
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There was no discussion by Commissioners.
Ibarra: There be none. Voting on the motion to approve, all in favor please say "Aye."
The Commissioners voted "Aye."
Ibarra: Opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
Returned to the Order of Business
VII. Unfinished Business (10:28 AM)
Ibarra: There is no Unfinished Business.
Vill. New Business (10:28AM)
1. Hawaiirish LLC, dba Spinners Daiquiri Lounge, approval of Application
for an Increase in Licensed Premises, to include approximately 224
(10:28 AM) square feet of outdoor space adjacent to its current licensed premises,
TMK: 7-5-006:025; of its Restaurant General liquor license, Category B1,
located at 75-5669 Ali`i Drive, Suite 1104, Kailua-Kona, Hawaii.
Ibarra: Any motion to approve, Commissioners?
Greenwell: Commissioner Greenwell, I'll make the motion to approve.
Thomas: Commissioner Thomas, second.
Commissioner Greenwell moved to approve the of Application
for an Increase in Licensed Premises, to include approximately
224 square feet of outdoor space adjacent to its current licensed
premises, TMK: 7-5-006:025, of its Restaurant General liquor license,
Category B1, located at 75-5669 Ah'i Drive, Suite 1104, Kailua-Kona,
Hawaii; Seconded by Commissioner Thomas.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 20 OF 46
Ibarra: It's been moved and seconded that we approve the Application for an Increase
in Licensed Premises, as stated in the agenda. Any discussion of the motion,
Commissioners?
There was no discussion by Commissioners.
Ibarra: There's no discussion or comments. In voting on the motion to approve, all in
favor please say "Aye."
The Commissioners voted "Aye."
Ibarra: Opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
2. Request to Extend the Time Issuance Submitted for Approval (10:29 AM)
a. Paradise Express LLC, dba Paradise Express, approval of request to
extend the time issuance of the liquor license for good cause shown for
(10:29 AM) an additional 12 months, from May 7, 2023, to and including May 7, 2024,
by letter received April 10, 2023, of its Retail General liquor license,
located at 84-4811 Hawaii Belt Road, Captain Cook, 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 that
good cause is when making the motion.
Ibarra: Any motion for approval?
Nishimoto: Commissioner Nishimoto, motion to approve with good cause based on the
need for them to have to start over in working on clearing some of their issues that were
not up to code, and possibly considering applying for a permit to renovate to address
bringing the building up to code.
Ibarra: Okay, any second of the motion?
Wilkinson: Commissioner Wilkinson, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 21 OF 46
Commissioner Nishimoto moved to approve the request to
extend the time issuance of the liquor license for good cause
shown for an additional 12 months, from May 7, 2023, to and
including May 7, 2024, by letter received April 10, 2023, of its
Retail General liquor license, located at 84-4811 Hawaii Belt Road,
Captain Cook, Hawaii; Seconded by Commissioner Wilkinson.
Ibarra: It's been moved and seconded that the request to extend the time issuance of
the liquor license for good cause shown as stated in the agenda be approved. Any
discussion of the motion?
There was no discussion from Commissioners.
Ibarra: There's no discussion. All those in favor of the motion to approve the request
with good cause as stated, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, motion is passed.
The motion was carried unanimously.
b. Kapapala Ranch, dba Kapapala Ranch, approval of request to extend
the time issuance of the liquor license for good cause shown, for an
(10:31 AM) additional 12 months, from May 7, 2023, to and including May 7, 2024)
by letter received April 11, 2023, of its Dispenser Beer and Wine liquor
license, Category B2, located at 98-1900 Hawaii Belt Road,
Pahala, 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 that good cause is when
making the motion.
Ibarra: Any motion to approve with good cause?
Okabe: Commissioner Okabe, motion to approve with good cause.
Ibarra: Any second?
Wilkinson: I have a question. How long is the extension for?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 22 OF 46
Ibarra: Twelve months, it says, right? An additional 12 months, from May 7t", 2023, to May
7t"7 2024. Mr. Greenwell?
Greenwell: Gerald, do we have anything in the rules or the by-laws that says how long we
can grant an extension, because both of these are for 12 months, and that seems like kind of a
long time.
Takase: I think you're entitled to extend up to 18 months, but we've kind of been I guess, a
little lax with our applicants now because they're all having a hard time, and really a lot of it
comes back to us. I mean, maybe not so much this one, but because of the problems we're
having with our EPIC (Electronic Processing and Information Center) System, we have
probably extended a lot of them past that deadline. We're kind of in a different time now,
and the way I see it, it's really collectively our fault as a County for kind of being a roadblock
in there, and that's why I'm not really trying to enforce that. If they're having trouble with some
of the other Departments, you know it's like, we kind of understand, I don't want to add to their
burden, they're stuck. You know, they came here, they got their liquor license, but everybody
else is tying them up, and if we come back and say, "well, sorry, you missed your 12 months,
you know you're out," I mean, I don't think it's fair to the applicants. There's nothing really that
they did to incur this problem, but rather than trying to add to it, we're trying to be
understanding and help them work through it. So, like in this case, she's kind of stuck in this
changeover between the Department of Land and Natural Resources, and the Department of
Agriculture. And so, kind of extending that, trying to help them because I understand how
slowly government works, so you know, I don't see it as a problem that we are trying to
prevent, so trying to keep them running is the fair thing to do.
Greenwell: I understand exactly what you're saying, but I don't want to be accused of being
someone that, oh we can just go apply for an extension, and we'll get a 12-month extension, or
an 18-month extension, I mean, there's got to be some pressure to keep it going, and it's not
from this Department.
Takase: Yes, well you know, they all want to open, I mean, they've invested time and money
into it, so I don't see it as they trying to stall it, there's really no upside for them to stall it. So,
you know, they're trying to meet all of their requirements, and that's what we try to help them
accomplish, rather than to kind of just come and say, "okay we're going by the law, and you're
out, you start all over," I think is kind of unfair. So, if we get complaints, I'll deal with them.
Ibarra: I guess to follow up on Mr. Greenwell's question, do we have the authority because
of the rule? I can understand their problem, because in this case, you have the DLNR
(Department of Land and Natural Resources), and other agencies, and in the past, Public
Works issues, and other government agencies, but does the rule allow us or does it say, "at
the end of whatever period, it's a drop dead sorry," as a matter of law?
Takase: No, it doesn't. It just says that the matter has to come back to the Commission. Prior
to that, I can give them extensions, and just come back to you to ratify. But, as we get farther
and farther along, then it has to come back to the Commission to decide whether an extension
should be granted.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 23 OF 46
Greenwell: It would be nice if these 12 months could be used in their defense when they go to
Planning and say, "hey, I'm up against the wall with the Liquor Department," but I understand.
Takase: Yes, so mostly we're dealing with lay people, they don't have attorneys, and they're
just trying to get through the system, so they don't want to raise defenses, they're trying to play
nice with everybody, so we try to keep them from getting into that situation.
Ibarra: I think we all understand that, you know, you and your staff tries to help the applicants
and licensees, but I guess what the concern is, sometimes as you know, that no matter how
much you want to help, unfortunately, if the law says you don't have jurisdiction after a certain
period of time, it's null and void, even if we approve it, we're doing more damage to the
applicant later. But, if we have the discretion, that's what we're looking at, right? Mr. Okabe?
Okabe: In that same note, does the Commission have the authorization to make it less? If the
Commission decides to
Takase: Well, you could give it any amount of time, so you could say 6 months, but we've kind
of moved the latest ones out to one year to keep them from having to come back and reapply,
you know, so to save them time and save us time, that's why we kind of pushed them out so
far.
Okabe: But does the Commission have the authority to ask the person to come before the
Commission to explain the progress and things like that on the agenda?
Takase: Yes, surely.
Wilkinson: Do you have information as to when the initial application came in so we know
how long this extension is for?
Takase: Stacie, do you have the Kapapala Ranch file?
Ibarra: So, while she's getting the file, maybe this is a good time to raise it, I know the
atmosphere of this Commission is basically to help the people in the community, to get their
license and businesses going. But yet on the other hand, we want to be sure to comply with
the rules, because the rules have the force and effect of the law, and if we need to amend it to
give the Commission discretion, maybe we should look at that with Corporation Counsel.
Takase: And that's part of the amendments coming up. But you know, I guess in this
situation, we're trying to help out the rest of the County, or else the complaints are always
going to be back on Planning and Public Works. I think they're trying, but I don't want to add
to their burden.
Ibarra: And I would agree with that but, just looking at the protests that came in, the two, don't
you think if we never had legal authority to extend any permits, the protestors would come and
challenge our decision based on that? All I'm saying is if we get the discretion, let's get it and
exercise it, versus you're illegal, you have no authority to extend even if you're using the
discretion, the rule is the rule, it's black and white. So, if we need to change it to help the
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 24 OF 46
people in the community to start their business, I'm all in favor of that, but I just don't want to
see people come forward and say, "You folks have no discretion to extend, the rule is clear."
So, that's all I'm saying but you know I appreciate Gerald, just you and your staff, and I think
this body has taken the attitude too that we want to help people in the community start their
business.
Nishimoto: And it appears even from their letter that they're willing to, they're asking for
advice on how to proceed with their application. So, it's not as if they're trying to get you know
favors from us, they're willing to go with what is set forth by the Commission. There is that
willingness, but maybe in what they need to accomplish, they might need to file again at a later
date because it seems as though there is a lot to accomplish in regards to transferring the
lease from one department to another, as well as, spending money to upgrade before their site
could have approvals, therefore needing a longer term lease to make up for the expenses. So,
there's kind of like a whole lot of things that needs to be done there, but they seem open to
reapply if they need to, because it says for us to advise.
Wilkinson: And that's why I questioned this one specifically, most of them asked for a specific
length of extension, and this one didn't, so it sounded like they were asking us for our
suggestion, so I was wondering.
Takase: Yes. They were granted their license, looks like back in April of 2020, but they were
also stone walled for a long time because they did have to make some changes, because
there were some questions about whether their intended use fit with the Planning Department.
So, they kind of were going back and forth with them, and they finally gotten it straightened
out, Planning said okay but they had to make all of these changes. And, I think they were
given a five-year lease, and they said they really couldn't make it fiscally feasible to do with a
five-year lease, so they went back and got a lease extension. And so that's kind of where we
are today, and then you got to remember that through this time was during COVID
(coronavirus disease), so everything moved very slowly. So, you know, I got to give them
credit, they've been very understanding, and so I wanted to offer them as much assistance as
we can to keep them moving forward, because I feel like they're trying to do something versus,
they've sat around doing nothing for the last 3-4 years.
Ibarra: Any other comments?
Thomas: I just have a question about, is the Planning Department aware that whatever they
are doing is affecting Liquor Control and the other departments that are having to do
extensions or doing adjustments because they're slow? So, I don't know, in terms of our
organization communicating with Planning to say, "Hey, this licensee has now come up twice
for an extension," you know what I mean? Not so much pressure, but just awareness that this
is just a bottleneck.
Takase: Yes, I think there is some. Part of the problem is, most businesses will come to us
first because if they don't get their liquor license, then their whole plan is kind of shot. And so,
they will come to us when this is their idea, and they get the license, and then everything else
starts to fall into place, now I can go to the bank and get a loan and stuff like that. So, we're
probably a little premature in the whole process, but it's important for a business because
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 25 OF 46
that's what the bank is going to do. Do you want to have a bar? Are you sure you're going to
get a liquor license? So, they will come up front and ask. Maybe we got to look at our
process, maybe we got to extend the initial process out a little farther. Planning, you know I'll
say they've gotten much better, but they probably had a whole changeover in staff within this
administration, so it's been a little tough for them as well, and they try to move as fast as they
can. Public Works, I don't know what's going on with their system but you know, they're trying.
So within the administration, we're not here to throw stones at each other.
Thomas: No, of course not. I just wondered about in terms of pacing, like what is the domino
effect in a sense for any given plan?
Takase: That's the primary one, is they'll always come to us first because that's key to their
business operating.
Thomas: I see, yeah, okay.
Greenwell: To the other Commissioners, I don't mean to open up a can of worms, but the first
time they came here on this particular license was when I was on the Commission the last
time, that's how long it's been, that's why I was asking about the extension.
Nishimoto: And, you know this Kapapala Ranch, is it that dairy house, is that the location?
Because it says, "Kapapala Ranch." Is it the dairy house that's in the back? I remember the
house that was in there because I had an uncle that used to live in that house, so I was
wondering if that was the structure that they're trying to bring up to code and fix.
Greenwell: It is way off the road, you cannot see it from the highway, it's way, way off the
road, mauka side as you're going out of Volcano, going down into the Ka`u desert, all that
ranch land, before you get to Pahala after you pass the volcano, it's way inside, it's about half
a mile up the road.
Takase: It's up off the main highway, so I think there was an airfield there before where they
had the crop dusters and stuff, I think it's on the old Wood Valley Road.
Ibarra: Any other questions? Corporation Counsel?
Frenz: I just wanted to follow up on what Director Takase said. So while this particular
application may have been outstanding for a period of time, again just to clarify, this one is not
Planning, this is not County of Hawaii with the hold up, it is DLNR (Department of Land and
Natural Resources), so I just wanted to clarify that. Under Rule 4-2M, specifically to go to the
Chair's question, the end of the rule says, "Thereafter, the approval of the application may be
cancelled and the applicant may be required to apply for a new license following extensions."
It says, "may" not "shall", right? So, in other words, this Commission has the legal authority
and ability to continue granting extensions. If you feel, for example, as Commissioner Okabe
had indicated, you could ask them to come in and give you an update as to where things stand
today, or at the next hearing. For example, to get updates on whether or not they have
communicated this information to DLNR (Department of Land and Natural Resources), and
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 26 OF 46
maybe if they can find out in advance where things are at if at all, if you think that that's
necessary.
Wilkinson: Do we have any authority to ask for that information from DLNR (Department of
Land and Natural Resources) directly?
Frenz: You can ask for anything from DLNR (Department of Land and Natural Resources) but
doubt they're going to give it to you, and quite frankly, I doubt that they are going to care that
the liquor license is being held up because of them. I mean, it's a completely separate entity,
they have their priorities, policy and procedures, and then we have ours, so you can ask.
Wilkinson: I was just wondering if it would help the applicant if the Commission requested it.
Ibarra: So, good to hear that we have the discretion, but how do you interpret the 12 months?
Frenz: I interpret that the Commission is able to do any period of time, you could do six
months if you wanted to.
Ibarra: I'm talking about beyond 12 months.
Frenz: There's nothing expressly saying that you could not, if you want to keep it at six
months, you can keep it at six months.
Ibarra: How do you interpret the 12-month limitation, what does it mean?
Frenz: I don't know that it's specific to a 12-month limitation, if you want to do 6-month
increments, you can do that, I think there's a lot of flexibility this Commission has.
Takase: It used to be, we gave 12 months to start, then 6-month intervals after that, but
seeing how all of these keep coming up, we just give them 12 months and send them to the
Commission that way.
Ibarra: If our lawyers says it's defensible, that's fine, we rely on our lawyers.
Frenz: If the Commission would prefer to do a shorter period of time and maybe keep them on
their toes knowing that we would like to see, we can do six months. You could ask them to
come into our next Hilo or Kona hearing because Kapapala is kind of in the middle, right?
Ibarra: I would agree, certainly, my concern was just beyond 12. If you were given 12
months, I believe the Commission can give anything less than 12, but my question was, does
the 12 months prohibit us from giving beyond 12 months?
Frenz: Under the rule, you could probably to play safe, do six months at this point and at the
point that we're at now.
Ibarra: And bring them in if we want to extend them for another six or whatever?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 27 OF 46
Frenz: Depending on what actions and where things are at. The reality is, I think Director
Takase has already touched on it, too, for lay people trying to get through the process, the last
thing you want to do is ruffle feathers, for example, with the agency in which you are seeking
permission to do something or to receive permission from, such as DLNR (Department of Land
and Natural Resources) and/or DOA (Department of Agriculture), so they're between a rock
and a hard place.
Gonzalez: The other thing too is, they have taken care of everything with us, so to put them
back on the hamster wheel with us, that's a distraction I think in this case.
Ibarra: And I would agree, all I'm looking at, as they say sometimes, you're going to pay at the
front end or the back end. So, if you have an applicant that comes in and we help them, and
we did not have the authority and there's a protest, we're doing more harm to that applicant
later on because they went through it all only to find out we never had the authority to extend,
that's all I'm concerned about.
Frenz: In that sense, if you want to be squeaky clean, do six months and or bring them in
shorter than 6 months and see where things are at.
Ibarra: Okay, any other questions or comments?
Wilkinson: One more question. The applicant indicates that they're actually going to be
entering into a new lease, does our application, is it specific to their lease that they stated they
were going to make changes to?
Takase: No, our requirements in terms of licensees, they have to show that they have control
of the premises, so if they come in with a new lease, that will satisfy us that they are still in
control of it. And we've had long-term licensees where they've gone through multiple leases,
when they get a new lease, they'll come in and file it with us.
Wilkinson: Okay, thank you, no more questions.
Ibarra: Any other questions or comments?
There was no further discussion from Commissioners
Ibarra: No more questions or comments, thank you. We have a motion to approve with good
cause, the request to extend the time issuance of the liquor license as stated in the agenda.
Frenz: Just to clarify, are you keeping it at the period of time recommended as part of the
motion?
Ibarra: That's from May 7t", 2023, to May 7t", 2024, Mr. Okabe?
Okabe: Yes.
Ibarra: Any second to that motion?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 28 OF 46
Wilkinson: Second.
Commissioner Okabe moved to approve the request to extend the time
issuance of the liquor license for good cause shown, for an additional
12 months, from May 7, 2023, to and including May 7, 2024, by letter
received April 11, 2023, of its Dispenser Beer and Wine liquor license,
Category B2, located at 98-1900 Hawaii Belt Road, Pahala, Hawaii;
Seconded by Commissioner Wilkinson.
Ibarra: It's been moved and seconded that the request to extend the time issuance of the
liquor license for good cause shown as stated in the agenda be approved for an additional
12 months up to May 7, 2024. Any discussion on the motion?
There was no discussion from Commissioners.
Ibarra: No discussion. All in favor of the motion to extend as stated previously, please say
"Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: No opposition, the motion is carried.
The motion was carried unanimously.
Ibarra: Item No. 3(a) was already taken out of order.
4. Change in Officers /Directors Submitted for Approval (10:54 AM)
a. South Side Shaka Restaurant & Bar Inc., dba South Side Shaka
Restaurant & Bar, approval of Change in Officers/Directors, with the
(10: 54 AM) removal of Rick Polido, Director and CEO, effective March 30, 2023,
by form received April 12, 2023, of its Restaurant General liquor license,
Category B2, located at 95-5673 Mamalahoa Highway, N5'51ehu, Ka`u,
Hawaii.
Ibarra: Any motion?
Thomas: Commissioner Thomas, move to approve.
Greenwell: Commissioner Greenwell, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 29 OF 46
Commissioner Thomas moved to approve the Change in
Officers/Directors, with the removal of Rick Polido, Director
and CEO, effective March 30, 2023, by form received April 12,
2023; of its Restaurant General liquor license, Category B2,
located at 95-5673 Mamalahoa Highway, Na`alehu, Ka`u,
Hawaii; Seconded by Commissioner Greenwell.
Ibarra: Any discussion of the motion?
There was no discussion by Commissioners.
Ibarra: There's no discussion of the motion. All in favor of the motion, please say
"Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is carried.
The motion was carried unanimously.
b. Puna Plantation Hawaii, Limited, dba KTA Super Stores #1 (Keawe),
dba KTA Super Stores #2 (Kailua-Kona), dba KTA Super Stores #3
(10: 54 AM) (Puainako), dba KTA Super Stores - Keauhou (#7), dba KTA Super
Stores - Kamuela (#8), dba KTA Super Stores #9 (Waikoloa), dba KTA
Express Kealakekua (#11), approval of Change in Officers as follows:
• Appointment of Leslie Hanano, as Vice President, and Jeremy Chong,
as Vice President, effective April 17, 2023;
• Removal of Richard Chinen, Jr., Vice President, effective June 2, 2023;
• Personal History and Affidavits for Leslie Hanano, Vice President, and
Jeremy Chong, Vice President;
by form received April 17, 2023; of its Retail General liquor licenses, for
all Hawaii Island store locations.
Ibarra: Any motion to approve?
Okabe: Commissioner Okabe, motion to approve.
Greenwell: Second, Greenwell.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 30 OF 46
Commissioner Okabe moved to approve the Change in Officers as follows:
Appointment of Leslie Hanano, as Vice President, and Jeremy Chong, as
Vice President, effective April 17, 2023; Removal of Richard Chinen, Jr.,
Vice President, effective June 2, 2023; Personal History and Affidavits for
Leslie Hanano, Vice President, and Jeremy Chong, Vice President; by form
received April 17, 2023; of its Retail General liquor licenses, for all Hawaii
Island store locations; Seconded by Commissioner Greenwell.
Ibarra: It's been moved and seconded that the request be approved, any discussion on
the motion?
There was no discussion by Commissioners.
Ibarra: No discussion, no questions. All in favor of the motion to approve, please say
"Aye."
The Commissioners voted "Aye."
Ibarra: Opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: No response on the opposition, the motion is passed.
The motion was carried unanimously.
C. Food Pantry, Ltd., dba Holo Holo Market, dba Mauna Kea Market, dba
Whalers General Store #230, approval of Change in Officers as follows:
(10: 55 AM)
• Removal of Kimberly Yoshimura, Vice President, and the appointment
of Maxine Parker, as Vice President, effective March 23, 2023) by form
received April 19, 2023;
• Personal History and Affidavit for Maxine Parker, Vice President;
of its Retail General liquor licenses, for all Hawaii Island store locations.
Ibarra: Any motion to approve?
Okabe: Commissioner Okabe, motion to approve.
Nishimoto: Commissioner Nishimoto, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 31 OF 46
Commissioner Okabe moved to approve the Change in Officers as follows:
Removal of Kimberly Yoshimura, Vice President, and the appointment
of Maxine Parker, as Vice President, effective March 23, 2023, by form
received April 19, 2023; Personal History and Affidavit for Maxine Parker,
Vice President; of its Retail General liquor licenses, for all Hawaii Island
store locations; Seconded by Commissioner Nishimoto.
Ibarra: It's been moved and seconded, any discussion on the motion to approve?
There was no discussion by Commissioners.
Ibarra: None. All in favor of the motion to approve, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: No opposition, the motion is carried.
The motion was carried unanimously.
d. Foodland Super Market, Limited, dba Foodland (Keaau), dba
Foodland Farms, dba Foodland Super Market — Waimea, dba
(10: 56 AM) Sack `N Save (Kinoole), dba Sack `N Save (Kona), dba Sack `N
Save (Puainako), approval of Change in Officers as follows:
• Removal of Kimberly Yoshimura, Vice President, and the appointment
of Maxine Parker, as Vice President, effective March 23, 2023) by form
received April 19, 2023;
• Personal History and Affidavit for Maxine Parker, Vice President;
of its Retail General liquor licenses, for all Hawaii Island store locations.
Ibarra: Any motion to approve?
Okabe: Commissioner Okabe, motion to approve.
Ibarra: Any second?
Greenwell: Greenwell, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 32 OF 46
Commissioner Okabe moved to approve the Change in Officers as follows:
Removal of Kimberly Yoshimura, Vice President, and the appointment
of Maxine Parker, as Vice President, effective March 23, 2023, by form
received April 19, 2023; Personal History and Affidavit for Maxine Parker,
Vice President; of its Retail General liquor licenses, for all Hawaii Island
store locations; Seconded by Commissioner Greenwell.
Ibarra: It's been moved and seconded that we approve the request for change in
officers. Any discussion?
There was no discussion by Commissioners.
Ibarra: No discussion. All in favor of the motion, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion to approve is passed.
The motion was carried unanimously.
e. The Kalama Beach Corporation, dba Anytime Bar, dba Malama
Market (Honokaa), dba Malama Market — Ocean View, dba Malama
(10:57 AM) Market Pahoa, approval of Change in Officers as follows:
• Removal of Kimberly Yoshimura, Vice President, and the appointment
of Maxine Parker, as Vice President, effective March 23, 2023) by form
received April 19, 2023;
• Personal History and Affidavit for Maxine Parker, Vice President;
of its Retail and Restaurant General liquor licenses, for all Hawaii Island
store locations.
Ibarra: Any motion to approve?
Okabe: Commissioner Okabe, motion to approve.
Ibarra: Any second?
Wilkinson: Commissioner Wilkinson, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 33 OF 46
Commissioner Okabe moved to approve the Change in Officers as follows:
Removal of Kimberly Yoshimura, Vice President, and the appointment
of Maxine Parker, as Vice President, effective March 23, 2023, by form
received April 19, 2023; Personal History and Affidavit for Maxine Parker,
Vice President; of its Retail and Restaurant General liquor licenses, for
all Hawaii Island store locations; Seconded by Commissioner Wilkinson.
Ibarra: Any discussion of the motion?
Nishimoto: So, this person has 13 stores, from Food Pantry, Foodland, to Kalama,
that's 13 stores.
Takase: They're all a part of the Foodland chain, so Foodland has Food Pantry, Sack
N Saves, and all the different ones.
Nishimoto: That's a big job for Maxine Parker, Vice President of 13 stores.
Ibarra: Any other discussion or questions?
There was no discussion by Commissioners.
Ibarra: Negative response. All in favor of the motion to approve, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 34 OF 46
f. Aloha Petroleum, Ltd., dba Aloha Island Mart (Captain Cook),
dba Aloha Island Mart (Henry Street), dba Aloha Island Mart (Honalo),
(10: 58 AM) dba Aloha Island Mart Kailua-Kona, dba Aloha Island Mart Keauhou,
dba Aloha Island Mart Kona, dba Aloha Island Mart (Waiakea), dba
Aloha Island Mart (Waimea), approval of Officers/Directors as Primary
Decision -Makers as follows:
• Designation of Robert Hood, Vice President and Director,
as Primary Decision -Maker, effective March 15, 2023;
• Removal of Timothy Lum, Vice President and Treasurer,
as Primary Decision -Maker, effective April 6, 2023;
• Personal History and Affidavit for Robert Hood, Vice President
and Director;
by form received April 19, 2023, of its Retail General liquor licenses,
for all Hawaii Island store locations.
Ibarra: Any motion to approve?
Greenwell: Greenwell, I'll approve.
Ibarra: Any second?
Nishimoto: Commissioner Nishimoto, second.
Commissioner Greenwell moved to approve the Change in
Officers/Directors as Primary Decision -Makers as follows: Designation
of Robert Hood, Vice President and Director, as Primary Decision -Maker,
effective March 15, 2023; Removal of Timothy Lum, Vice President and
Treasurer, as Primary Decision -Maker, effective April 6, 2023; Personal
History and Affidavit for Robert Hood, Vice President and Director; by form
received April 19, 2023, of its Retail General liquor licenses, for all Hawaii
Island store locations; Seconded by Commissioner Nishimoto.
Ibarra: Any discussion of the motion?
There was no discussion by Commissioners.
Ibarra: There be none. Voting on the motion to approve, all in favor, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 35 OF 46
Ibarra: There's no opposition, the motion is carried.
The motion was carried unanimously.
g. The Club at Hokuli`a, Inc., dba The Club at Hokuli`a, dba The Club
at Hokuli`a (Retail), approval of Change in Officers/Directors as follows:
(10: 59 AM)
• Removal of Preston Clay Thomas, Vice President and Director, and
Clark Gustafson, Director; and the appointment of Edson Clark, as
Director, Conrad Tirre, as Director, and John Lopez, as Vice President,
effective March 21, 2022;
• Removal of Stephen Ewing, Secretary; and the appointment of
Timothy Graff, as Secretary and Director, effective March 20, 2023;
• Personal History and Affidavits for Edson Clark, Director; Conrad Tirre,
Director; and Timothy Graff, Secretary and Director;
by form received April 21, 2023; of its Restaurant General, Category B2,
and Retail General liquor licenses, located at 81-6636 Pu`u Ohau Place,
Kealakekua, Hawaii.
Ibarra: Any motion to approve?
Okabe: Commissioner Okabe, motion to approve.
Ibarra: Any second?
Thomas: Commissioner Thomas, second.
Commissioner Okabe moved to approve the Change in Officers/Directors
as follows: Removal of Preston Clay Thomas, Vice President and Director,
and Clark Gustafson, Director; and the appointment of Edson Clark, as
Director, Conrad Tirre, as Director, and John Lopez, as Vice President,
effective March 21, 2022; Removal of Stephen Ewing, Secretary; and the
appointment of Timothy Graff, as Secretary and Director, effective March
20, 2023; Personal History and Affidavits for Edson Clark, Director; Conrad
Tirre, Director; and Timothy Graff, Secretary and Director; by form received
April 21, 2023; of its Restaurant General, Category B2, and Retail General
liquor licenses, located at 81-6636 Pu`u Ohau Place, Kealakekua, Hawaii;
Seconded by Commissioner Thomas.
Ibarra: Any discussion of the motion to approve?
There was no discussion by Commissioners.
Ibarra: No discussion. Voting on the motion to approve, all in favor, please say "Aye."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 36 OF 46
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is carried.
The motion was carried unanimously.
5. Acceptance of Report of Gross Revenues of Food and Beverage Sales
for Class 2 Restaurant Licensees showing food sales are at least 30%
(10: 59 AM) of total gross revenues for the period July 1, 2022 through March 31, 2023,
pursuant to Rule 3-1-C and 4-7-A-5 of the Rules and Regulations of the
Liquor Commission of the County of Hawaii: A-Bay's Cantina LLC, dba
A-BAY'S ISLAND GRILL; Anthony's Catering Inc., dba ANTHONY'S CATERING;
The Kalama Beach Corporation, dba ANYTIME BAR; Ohana Lea, Incorporated, dba
BAMBOO RESTAURANT & GALLERY; Yummy Pineapple Beer Co. LLC, dba
BIANELLIS PIZZA; Big Island Grill Inc., dba BIG ISLAND GRILL INC.; Big Island
Pizza Inc., dba BIG ISLAND PIZZA; Big Island Tokyo Table, Inc., dba BIG ISLAND
TOKYO TABLE; Big Kahuna Beach Grill LLC, dba BIG KAHUNA BEACH GRILL;
Maluhia Nahele Enterprises, LLC, dba BLACK ROCK CAFE; Black Rock Pizza, LLC,
dba BLACK ROCK PIZZA; Cafe it Mondo, LLC, dba CAFE IL MONDO; Kawaihae
Pizza, Inc., dba CAFE PESTO HILO BAY; Charley's Thai Cuisine Inc., dba
CHARLEY'S THAI CUISINE (WAIKOLOA); Tiki Guys LLC, dba CHEEKY TI KI;
Cheers Tapas Bar LLC, dba CHEERS TAPAS BAR; Cipriano's Kitchen Kawaiahe
LLC, dba CIPRIANO'S KITCHEN KAWAIAHE; The Club at Hokuli`a, Inc., dba CLUB
AT HOKULI`A (THE); Coco Cantina Puna Kai LLC, dba COCO CANTINA; Coco
Cantina Hilo LLC, dba COCO CANTINA HILO; Paradise Hospitality Group, Inc., dba
COCONUT GRILL; Layne T. Oki, Inc., dba CRONIES; Ohana Q Limited Liability
Company, dba DA TASTE BY OHANA Q; Wishard Enterprises, LLC, dba DOM DE
LUCA'S RESTAURANT; DCH, Inc., dba DON'S GRILL; MCM Group LLC, dba
FAIRWAY GRILL; Fishhopper LLC, dba FISHHOPPER (THE); FORC LLC, dba
FORC; MF Waikoloa LLC, dba FOSTER'S KITCHEN WAIKOLOA; Fumi's Kitchen,
LLC, dba FUMI'S KITCHEN; Hana Hou Restaurant, Inc., dba HANA HOU
RESTAURANT; Harbor House Kona, LLC, dba HARBOR HOUSE; Hawaii High
Country Lounge, LLC, dba HAWAII HIGH COUNTRY LOUNGE; HSC Hilo LLC, dba
HAWAIIAN STYLE CAFE - HILO; JDForsberg, LLC, dba HICO HAWAIIAN COFFEE;
Hilo Trading Co., Ltd., dba HILO BAY CAFE; Hilo Burger Joint LLP, dba HILO
BURGER JOINT; The Other Bar LLC, dba HILO TOWN TAVERN; Lam Yim Sin
Corporation, dba HONG KONG CHOP SUEY; Honokaa Public House LLC, dba
HONOKAA PUBLIC HOUSE; Olu Kai, Ltd., dba HUGGO'S; Big Island Alehouse,
LLC, dba HUMPY'S BIG ISLAND ALEHOUSE; Aiona Foods, LLC, dba IPPY'S
HAWAIIAN BBQ; Maruhiro, Inc., dba IZAKAYA SHIONO; JROG, LLC, dba
JACKI E REY'S OHANA GRILL HILO; Grand 88, LLC, dba JADE PALACE CHIN ESE
RESTAURANT; O&J LLC, dba JOHNNY'S AT WAIKOLOA VILLAGE; J's Fish & Grill
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 37 OF 46
Kona, Hawaii, LLC, dba J'S FISH & GRILL KONA, HAWAII; Kai Kona Eats, LLC,
dba KAI EATS+DRINKS; Pahoa Productions LLC, dba KALEO'S BAR AND GRILL;
Pahoa Productions LLC, dba KALEO'S ORCHIDLAND; Pashmina's & Gift Inc., dba
KAMANA I N D IAN CUISINE #2 (HILO); KBXtreme, LLC, dba KBXTREM E; Kona
Stop `N Shop, Inc., dba KEEI CAFE; Kenichi Pacific, Inc., dba KENICHI PACIFIC;
Wind & Sea Restaurants, Inc., dba KONA CANOE CLUB; The Kona Coffee & Tea
Company, Inc., dba KONA COFFEE & TEA COMPANY; Wind & Sea Restaurants,
Inc., dba KONA INN RESTAURANT; A-Bay's Cantina LLC, dba KONA PASTA CO.;
Kona Taeng-On Thai Food, dba KONA TAENG-ON THAI FOOD; ANAHKAHNA,
Inc., dba KORNER POCKET BAR & GRILL (THE); Lava Lava, LLC, dba LAVA
LAVA BEACH CLUB; Los Habaneros, Inc., dba LOS HABANEROS; Luquin's
Mexican Restaurant, Inc., dba LUQUIN'S CANTINA; Ulu Development LLC, dba
MAGICS BEACH GRILL; KOS GLOBAL USA, Inc., dba MAKALEI GOLF CLUB;
Contemporary Restaurant Corporation, dba MERRIMAN'S; Louis Pauole at Miyos
Restaurant LLC, dba MIYO'S RESTAURANT; Moa Kitchen LLC, dba MOA
KITCHEN RESTAURANT; Mo's Fish and Chips LLC, dba MOHALA'S BAY FRONT
FISH AND CHIPS; Hilo Sunrise LLC, dba MOMS HILO; Honoka`a Brothers, LLC,
dba NAPUA AT THE MAUNA LANI BEACH CLUB; Limberg Inc., dba OCEANS
SPORTS BAR AND GRILL; Ohana Q Limited Liability Company, dba OHANA Q;
`Ohelo Cafe LLC, dba `OHELO CAFE; Outback Steakhouse of Florida, LLC, dba
OUTBACK STEAKHOUSE; Kailua-Kona Restaurants, Inc., dba PANCHO AND
LEFTY'S CANTINA & RESTAURANTE; Papa Kona Coffee & Events, LLC, dba
PAPA KONA COFFEE & EVENTS (RESTAURANT); Pau Restaurant & Catering,
LLC, dba PAU PIZZA; Kim Anh 88, Inc., dba PHO KIM AN (WAIMEA); Grand 88,
LLC, dba PHO KIM ANH; Pineapples Island Fresh Cuisine, LLC, dba PINEAPPLES,
LLC; Ponds Hilo, Inc., dba PONDS HILO; Pueo's Osteria, LLC, dba PUEO'S
OSTERIA; Puna Chocolate Company, dba PUNA CHOCOLATE COMPANY; JTJ
Enterprises, Inc., dba QUINN'S; Rebel Kitchen LLC, dba REBEL KITCHEN; Hawaii
Gourmet Society LLC, dba RED WATER CAFE (THE); Reuben's Mexican
Restaurant I, LLC, dba REUBEN'S MEXICAN RESTAURANT; Mac Acquisition of
Hawaii LLC, dba ROMANO'S MACARONI GRILL; Krislada, LLC, dba ROYAL THAI
CAFE; RY-5, Inc., dba ROY'S WAIKOLOA BAR & GRILL; Kona Daze, LLC, dba
SAM CHOY'S KAI LANAI; Scicchitano's Pizzeria LLC, dba SCICCHITANO'S
PIZZERIA; The Seaside, Inc., dba SEASIDE RESTAURANT (THE); Chie Mizukami,
dba SEIJI'S SUSHI; Jasmin International LLC, dba SKY GARDEN RESTAURANT
AT IMILOA; Sodexo America, LLC, dba SODEXO AMERICA, LLC; South Side
Shaka Restaurant & Bar Inc., dba SOUTH SIDE SHAKA RESTAURANT & BAR;
TTG, LLC, dba SUNSET TERRACE; Sam's Sushi Inc., dba SUSHI SAM; Maruhiro,
Inc., dba SUSHI SH IONO; Taka Sushi Inc., dba TAKA SUSHI; Maurice Thomas, dba
THAI THAI BISTRO & BAR; Big Island Booch Inc., dba THE BOOCH BAR; Hatch
Enterprises Incorporated, dba THE TEMPLE; Tommy Bahama Beverages, LLC, dba
TOMMY BAHAMA'S TROPICAL CAFE; Umekes, LLC, dba UMEKE'S FISH
MARKET BAR & GRILL; Vibe Cafe L.L.C., dba VIBE CAFE; Waikoloa Shrimp Co
WBR LLC, dba WAIKOLOA SHRIMP CO.; Waikoloa Village Association, dba
WAIKOLOA VILLAGE GOLF COURSE; AJ & Sons Catering, LLC, dba WHITE
GUAVA CAFE; Big Hitter Enterprises, LLC, dba WILLIE'S HOT CHICKEN.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 38 OF 46
Ibarra: Any motion to approve?
Okabe: Commissioner Okabe, motion to approve.
Ibarra: Second?
Greenwell: Second, Greenwell.
Commissioner Okabe moved to accept the Report of Gross Revenues
of Food and Beverage Sales for Class 2 Restaurant Licensees, showing
food sales are at least 30% of total gross revenues for the period July 1,
2022 through March 31, 2023, pursuant to Rule 3-1-C and 4-7-A-5 of the
Rules and Regulations of the Liquor Commission of the County
of Hawaii; Seconded by Commissioner Greenwell.
Ibarra: Any discussion of the motion to approve?
There was no discussion by Commissioners.
Ibarra: No discussion. Voting on the motion to approve, all in favor, please say "Aye."
The Commissioners voted "Aye."
Ibarra: Any opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
Takase: Mr. Chairman, for the benefit of our new Commissioners, what this is doing is, under
Restaurant licenses, one of the requirements is that they have at least 30% sales in food
items, so all this is doing is showing that they all met that requirement. So, as we come up on
renewal, they'll be ready to go for next year.
Nishimoto: I have a question about that, because then I saw on one of these pages that have
submitted their gross sales report and have not met the requirement of the 30% food sales,
and one of them was Spinners Daiquiri Lounge, they're at 4%, and they're applying for the
increase.
Takase: Well, they're a little bit of a special case because I think they just started maybe a
couple months ago, and I don't know if they're fully functional, but they plan to put in a bakery
and some other stuff there.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 39 OF 46
Nishimoto: So, at the starting gate.
Takase: Yes.
Nishimoto: So, do they have an opportunity to bring this up?
Takase: Yes. So, they still have one more quarter, so hopefully by the end of the last quarter,
they'll be in compliance.
Nishimoto: I was just curious about that.
Ibarra: So, do they have 12 months from the start of business?
Takase: Yes, and they got to send us a report every quarter, so if they fall behind on one
quarter, we kind of give them the next quarter to catch up, and most of them are not close, you
know, they're all up in the 40-50% or higher, so it's not usually a problem.
Ibarra: Any other questions or comments?
There was no further discussion by Commissioners.
Ibarra: Negative response.
6. Permits Issued for Ratification (11:02 AM)
b. Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, ratification of
Application for Game Permit, for an event on May 26, 2023, approved
by Director Gerald Takase on April 11, 2023, of its Hotel liquor license,
located at 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii.
C. Hilo Burger Joint LLP, dba Hilo Burger Joint, ratification of Application
for Temporary Increase in Licensed Premises, to include adjacent patio
for an event on April 14, 2023, approved by Director Gerald Takase on
April 12, 2023; of its Restaurant General liquor license, Category B1,
located at 776 Kilauea Avenue, Hilo, Hawaii.
d. Honokaa Public House LLC, dba Honokaa Public House, ratification
of Application for Temporary Increase in Licensed Premises, to include
tent out front for an event on May 20, 2023, approved by Director
Gerald Takase on April 13, 2023, of its Restaurant General liquor
license, Category B2, located at 45-3490 Mamane Street, Units G & F,
Honokaa, Hawaii.
Ibarra: Any motion to ratify?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 40 OF 46
Okabe: Commissioner Okabe, motion to ratify.
Ibarra: Any second?
Greenwell: Greenwell, second.
Commissioner Okabe moved to ratify Permits Issued for Ratification,
Item Nos. 6(b) through 6(d), for b) Mauna Kea Beach Hotel, Game Permit,
c) Hilo Burger Joint, Temporary Increase in Licensed Premises, and
d) Honoka`a Public House, Temporary Increase in Licensed Premises,
as stated in the agenda; Seconded by Commissioner Greenwell.
Ibarra: Any discussion on the motion to ratify?
There was no discussion from Commissioners.
Ibarra: This again, the game permit, as I've taken the position previously, for game
permits, we do not determine the validity whether it complies with the gambling laws,
that's for another agency to determine, either the Police or Prosecutor's Office. So with
that, any other discussion?
There was no further discussion from Commissioners.
Ibarra: There being none. On voting on the motion to ratify, all in favor, please say
"Aye."
The Commissioners voted "Aye."
Ibarra: Opposition, please say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion is carried or passed.
The motion was carried unanimously.
Ibarra: We are moving on to Item No. 7, Item No. 6(a) was already taken out of order.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 41 OF 46
7. Special Licenses Issued for Ratification (11:03 AM)
a. License No. SP-22-127, Kahilu Theatre Foundation, dba Kahilu
Theatre Foundation, for a Special General liquor license, for events
on April 4, 7, 8, 20 22, 23, 29, 2023, held at 67-1186 Lindsey Road,
Kamuela, Hawaii.
b. License No. SP-22-128, Hawaii Rangeland Stewardship Foundation
Inc., dba Hawaii Rangeland Stewardship Foundation Inc., for a
Special General liquor license, for an event on May 8, 2023, held at
The Club at Hokuli`a, 81-6636 Pu`u Ohau Place, Kealakekua, Hawaii.
C. License No. SP-22-129, 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
April 1 - 30, 2023, held at 75-170 Hualalai Road, Suite E-100,
Kailua-Kona, Hawaii.
d. License No. SP-22-130, Volcano Art Center, dba Volcano Art Center,
for a Special Beer and Wine liquor license, for an event on April 29, 2023,
held at 19-4074 Old Volcano Road, Volcano, Hawaii.
e. License No. SP-22-131, The Friends of the Palace Theater, dba
The Friends of the Palace Theater, for a Special General liquor
license, for an event on April 13, 2024, held at 38 Haili Street, Hilo,
Hawaii.
f. License No. SP-22-132, Fraternal Order of Eagles, dba Fraternal
Order of Eagles, for a Special Beer and Wine liquor license, for events
on May 5, 6, 12, 13, 19, 20, 26, 27, 2023, held at 16-111 `Opukaha`ia
Street, Kea`au, Hawaii.
g. License No. SP-22-133, Kona Cacao Association Inc., dba Kona
Cacao Association Inc., for a Special General liquor license, for an
event on April 29, 2023, held at the Waikoloa Beach Marriott Resort &
Spa, 69-275 Waikoloa Beach Drive, Waikoloa, Hawaii.
h. License No. SP-22-134, Hilo High School Foundation, dba Hilo High
School Foundation, for a Special Beer and Wine liquor license, for an
event on June 2, 2023, held at the Sangha Hall, 424 Kilauea Avenue,
Hilo, Hawaii.
Ibarra: Any motion to ratify?
Okabe: Commissioner Okabe, motion to ratify.
Greenwell: Greenwell, I'll second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 42 OF 46
Commissioner Okabe moved to ratify Special Licenses Issued
for Ratification, Item Nos. 7(a), through 7(h), License Nos.
SP-22-127 through SP-22-134, as stated in the agenda;
Seconded by Commissioner Greenwell.
Ibarra: It's been moved and seconded. Any discussion on the motion?
Greenwell: Mr. Chair? Gerald, just on the side, special permits, do they pay for them
or not?
Takase: No, they do not pay for them.
Greenwell: Okay, in our rules and bylaws, isn't there a $25.00 charge for special
permits?
Takase: These are special licenses.
Greenwell: Okay, but for a special permit, is there a $25.00 charge?
Takase: The State Legislature went and granted, said that we're not going to charge
any special licensees anything.
Greenwell: Okay, keep going.
Takase: So, that's why, I don't think it was still in our rules, but if it is, we have not been
charging. So, we haven't charged for probably over five years. People that hold a
license already, they're paid for. The special licensers are limited to two groups, one is
non -profits, and the other is politicians, so I don't know how they excuse themselves,
but they have. So, we used to charge them previously, I think they could have 4 or 6
free, and then we used to charge them after that. But I'm going to say five or six years
ago, the Legislature changed it so that all special licenses were free and unlimited.
Ibarra: So, it's basically State law preempts the County Code and the rules. So, even if
you folks didn't change the rules to meet the State law, the State law prevails.
Takase: So, we've implemented it. So about five or six years ago, the Legislature
changed the law with regard to special licenses. Previous to that, we were allowed to
do what we wanted to do, so I think we gave either 4 or 6 a year to each applicant, they
could get 4 or 6 for free, whatever it was, and then after that they had to pay, and
didn't think it was $25.00, 1 thought it was $10.00. So, the Legislature changed that law
and they exempted them completely from any requirements, so they can apply for as
many as they want and at no charge. So, you remember there's a couple that we have
kind of on a continuing special license, the VWF Post and Kona Elks Club. So, those
are kind of special because they're trying to get a license, but they're getting held up by
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 43 OF 46
our afore "not to be" mentioned Planning Department. So, they were excluded, now
that's kind of where we're at. We tried to encourage them but, I'm kind of worried
because if these non -profits figure it out, they would not even apply for a license, they
can just keep coming in for special licenses.
Okabe: Yes, so is that a violation if they don't get a license?
Takase: If they don't get a license, yes, but it's kind of simple for them to get one and
there's no charge to them.
Okabe: So, if they get a license, because I saw educational venues in one of the areas,
they can have it at a school and everything and sell alcohol?
Takase: Well, they would have to get approval from the school to do it.
Okabe: The Principal or the District?
Takase: DOE (Department of Education) I guess.
Okabe: So, does the liability fall on the State, not on the Commission for giving the
license?
Takase: Yes, correct.
Okabe: Okay.
Takase: So, we have seen some changes lately. Back in the day, the County required
that the applicant had police protection if they had alcohol at a public venue, say like the
Civic or something. But they were kind of a Catch-22 because the police said they were
not going to provide special duty officers for any event that has alcohol, so they were
kind of foreclosed from going to use a lot of the County facilities, but they've since
changed and now they allow private security to provide that function, so we have been
seeing events. We've been granting licenses at the Civic and the baseball stadium,
mostly for UH (University of Hawaii) athletic events, and it seems to have worked pretty
well, they're not really rowdy or anything. It's providing a need for them, it's allowing
them to raise some more funds, we're kind of moving in that direction right now.
Ibarra: Any other questions or comments?
There was no further discussion from Commissioners.
Ibarra: Negative response. All those in favor say "Aye."
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The Commissioners voted "Aye."
Ibarra: All opposed say "Nay."
There was no opposition by Commissioners.
Ibarra: There's no opposition, the motion has passed.
The motion was carried unanimously.
8. Transient Vessel Licenses Issued for Ratification (11:11AM)
a. License No. TV-22-046, Oceania Cruises S. de R. L., dba Regatta, for
a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on
April 25, 2023, and at Kona Harbor, Kailua-Kona, Hawaii, on April 28, 2023.
b. License No. TV-22-047, NCL (Bahamas) Ltd., dba Norwegian Spirit,
for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii
on April 20 & 28, 2023, and at Kona Harbor, Kailua-Kona, Hawaii, on
April 25, 2023.
C. License No. TV-22-048, Holland America Line N.V., dba my
Odyssey, for a Transient Vessel liquor license, in port at Kona Harbor,
Kailua-Kona, Hawaii, on April 29, 2023, and at Hilo Harbor, Hilo, Hawaii
on May 1, 2023.
d. License No. TV-22-049, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Celebrity Eclipse, for a Transient Vessel liquor license,
in port at Kona Harbor, Kailua-Kona, Hawaii, on May 13, 2023, and at
Hilo Harbor, Hilo, Hawaii, on May 14, 2023.
e. License No. TV-22-050, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Quantum of the Seas, for a Transient Vessel liquor
license, in port at Kona Harbor, Kailua-Kona, Hawaii, on on April 27,
and May 1, 2023.
f. License No. TV-22-051, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Ovation of the Seas, for a Transient Vessel liquor
license, in port at Kona Harbor, Kailua-Kona, Hawaii, on May 5, 2023.
Ibarra: Any motion to ratify?
Wilkinson: Commissioner Wilkinson, so moved.
Ibarra: Okay, any second?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 41 2023 - HILO PAGE 45 OF 46
Thomas: Commissioner Thomas, second.
Commissioner Wilkinson moved to ratify Transient Vessel
Licenses Issued for Ratification, Item Nos. 8(a), through 8(f),
License Nos. TV-22-046 through TV-22-051; as stated in the
agenda; Seconded by Commissioner Thomas.
on
lbarra: It's been moved and seconded that we ratify licenses as stated in the agenda.
Any discussion of the motion?
There was no discussion from Commissioners.
lbarra: No discussion. Voting on the motion to ratify, all in favor please say "Aye."
The Commissioners voted "Aye."
lbarra: Opposition, please say "Nay."
There was no opposition by Commissioners.
lbarra: There's no opposition, the motion is passed.
The motion was carried unanimously.
IX Announcements (11:12 AM)
Meetings of the Liquor Commission
June 1, 2023, 10:00 A.M., Building G Meeting Room, West Hawaii
Civic Center, 74-5044 Ane Keohok5lole Highway, Kailua-Kona, Hawaii.
July 6, 2023, 10:00 A.M., Meeting Room, Department of Liquor
Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii.
Meeting adjourned at 11: 13 A. M.
e aid Takase
Director
The May 4, 2023 meeting minutes were approved as circulated, via email on
May 25, 2023, by the Liquor Commission of the County of Hawaii on June 1., 2023.
MINUTES -LIQUOR COMMISSION MEETING -THURSDAY, MAY 4.,2023- HILO PAGE 46 OF 46