2023-04-20 Liquor Adjudication Board Minutes

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Board Member Raymond moved to find the Licensee in Case No. 2023-011, in violation of Rule 3-6(A)(1) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit an Initial Gross Liquor Sales Report by the deadline of January 31, 2023; Seconded by Board Member Hughes. Fuke: It's been moved and seconded, that the Licensee be found in violation of the charge, any discussion among Board Members? There was no discussion by Board Members. Fuke: If not, all those in favor please say "Aye." The Board Members voted "Aye." Fuke: Opposed, "Nay." There was no opposition by Board Members. Fuke: Motion is unanimously carried. The motion was carried unanimously. Fuke: Board Members have any questions of the Department? There was no discussion by Board Members. Fuke: If not, Ms. Frenz, could you read the penalty? Frenz: A $100.00 fine, which has been paid in full as of April 12, 2023. Again, in this case, two email reminders were sent, information was not timely provided, it has been subsequently submitted to the Liquor Department. Rule 1.12 controls recommending again a $100.00 fine, they have no prior law violations of this nature and they have taken responsibility. Fuke: Thank you very much. May I have a motion on the penalty? Taniguchi: So moved. Raymond: Second. Board Member Taniguchi moved to accept the recommendation by the Department for penalty in Case No. 2023-011, that the Licensee be assessed a fine pursuant to Rule 1.12, in the amount of ONE HUNDRED AND NO/100 DOLLARS ($100.00), that was paid to the Department of Liquor Control on April 12, 2023; Seconded by Board Member Raymond. Fuke: It's been moved and seconded, any discussion on the penalty? MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, APRIL 20, 2023 - HILO PAGE 19 OF 25