2023-04-20 Liquor Adjudication Board Minutes

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COUNT 1 Informal Hearing (Alternative II) on violation of Rule 4-6(B) 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 notify the Liquor Commission of the Department of Liquor Control in writing within sixty (60) days of a change in officer or director. COUNT 2 Contested Hearing (Alternative III) on violation of Rule 4-6(B) 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 notify the Liquor Commission of the Department of Liquor Control in writing within sixty (60) days of a change in officer or director. Robert Ueoka, Esq., Authorized Agent, and Todd Oldham, Director of Food and Beverage, were present in person. Taniguchi: I believe Mr. Ueoka is here representing them. Can you identify yourself and your relationship to the business, please? Ueoka: Good morning, Mr. Vice Chair, Members of the Board, Mr. Gonzalez, Robert Ueoka, on behalf of Mauna Kea Beach Hotel. Present to my right, Mr. Todd Oldham, he's the Director of Food and Beverage at the Mauna Kea Beach Hotel. Taniguchi: Thank you. Ms. Frenz, can you please read the Complaint and Accusation, and the Answer to the Complaint? Frenz: Yes, Mr. Chair. The Complaint and Accusation in this case states multiple counts, Counts 1 and 2, however the Liquor Department is dismissing Count 2 of the Complaint and Accusation, and only proceeding with Count 1, which states the following, on or about the 24th day of May 2022, in the County and State of Hawaii, the Licensee, Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, dba Plumeria Market, failed to notify the Liquor Commission of the Department of Liquor Control in writing within sixty (60) days of January 1, 2022, of the appointment of Shigeki Yamane, as President; in violation of Rule 4-6(B) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii. Vice Chair, this is an informal hearing, the Licensee has selected Alternative II, admitting to the allegation and waiving its right to a hearing and appeal, but they did request an informal hearing to present some circumstances surrounding the violation. Taniguchi: Thank you. May I have a motion to find the Licensee in violation of the charge? Hughes: So moved. Raymond: Second. MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, APRIL 20, 2023 - HILO PAGE 3 OF 25