2023-04-20 Liquor Adjudication Board Minutes

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the bar, and two guests at the counter. No one had permission to be in active charge for that location, so they were required to eventually shut her down and close up. They had taken responsibility in this case, so we do recommend the $1,000.00 fine with $750.00 suspended. Fuke: Thank you very much, Ms. Frenz, for the explanation. May I have a motion on the penalty? Taniguchi: So moved. Raymond: Second. Mr. Taniguchi moved to accept the recommendation by the Department for penalty in Case No. 2023-005, that the Licensee be assessed a fine in the amount of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00), with SEVEN HUNDRED -FIFTY AND NO/100 DOLLARS ($750.00) to be suspended for one (1) year from the date of service of the Decision and Order, on the condition that there are no similar violations of Rule 5-2 within that period, and that TWO HUNDRED -FIFTY AND NO/100 DOLLARS ($250.00) is to be paid within 30 days upon receipt of the Decision and Order, payable to the Department of Liquor Control; Seconded by Mr. Raymond. Fuke: It's been moved and seconded. Any discussion among the Board Members on this? Taniguchi: Yes, I have a question. If the person behind serving drinks was there but not designated as a person in charge, so they have a card but they're not in charge, what would the penalty be? Or would there be a penalty or violation? Gonzalez: There would still be a violation, the penalty would be similar, more of the fine could be suspended, more than $750.00 suspended depending on the facts and circumstances. But rather than speculating, from the Department's perspective, the workers that were there were deceiving the Investigator, which made the situation worse. And so, that was taken into account as well during the course of the investigation, but we gave them credit. They're a first time licensee with this type of thing, and we're pretty sure that they won't make this mistake again. Hughes: Did they do anything corrective? Gonzalez: Yes they did, they added more staff and sent them to the training class to add on their list of Persons in Active Charge. Frenz: And hopefully they reminded their employees not to be dishonest and try to claim to take a class at a location where the classes are not even held. Fuke: Thank you very much for the explanation and the questions. Now, any more dialogue on this matter? There was no further discussion by Board Members. Fuke: If not, all those in favor of the motion as recommended by Ms. Frenz, say "Aye. MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, APRIL 20, 2023 - HILO PAGE 10 OF 25