2023-04-20 Liquor Adjudication Board Minutes

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There was no discussion by Board Members. Fuke: If not, Ms. Frenz, the Department's recommendation? Frenz: Yes, again Chair, in this case pursuant to Rule 1.12, a $100.00 fine. In this case, the Department did send again, two reminders prior to the deadline, they failed to timely submit, they since have submitted. This particular establishment and licensee does have prior violations with the Department, there was one in 2013 but not within five years, hence the Department's recommendation is still a $100.00 fine, otherwise it may have increased to $200.00. They also had a 2011 overcrowding offense that was resolved as well, but again, first violation within five years pursuant to the rule is a $100.00 fine. We ask that you impose that $100.00 fine at this time, they made payment on March 28, 2023. Fuke: May I have a motion on the penalty? Hughes: So moved, to accept the recommendation of the Department. Raymond: Second. Board Member Hughes moved to accept the recommendation by the Department for penalty in Case No. 2023-013, 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 March 28, 2023; Seconded by Board Member Raymond. Fuke: Moved and seconded, any discussion among the 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 say "Nay." There was no opposition by Board Members. Fuke: Motion carried unanimously. The motion was carried unanimously. Fuke: Okay, a Decision and Order will be served to the Licensee, indicating the penalty and that the payment was received. Thank you very much. IV. Unfinished Business (10:29 AM) Fuke: Mr. Gonzalez, any Unfinished Business? Gonzalez: Mr. Chair, there is no Unfinished Business. MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, APRIL 20, 2023 - HILO PAGE 23 OF 25