2023-04-20 Liquor Adjudication Board Minutes

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Board Member Hughes moved to find the Licensee in Case No. 2023-005, in violation of Rule 5-2 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 have a person duly approved by the Department of Liquor Control as a Person In Active Charge of the premises at all times while the premises was open for business to provide supervision in the exercise of the liquor license in accordance with the liquor laws; Seconded by Board Member Taniguchi. Fuke: It's been 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, "Nay." There was no opposition by Board Members. Fuke: Unanimously carried. The motion was carried unanimously Fuke: Okay, so the licensee is not here. Gonzalez: Mr. Chair, as noted, this is an informal hearing, the Licensee has already selected Alternative II, admitting to the allegation, they waived their right to a hearing and appeal, but they requested the informal hearing to present circumstances surrounding the violation. I did make three calls to see if they were present, they are not present. Since they already waived their right to a hearing and appeal, and we are still following the due process, the Department is okay to proceed without them present, and they were scheduled to start at 10:00 a.m., and will note that the time now is 10:14 a.m. Fuke: Thank you very much for the clarification. Any Board Members have questions of the Department? There was no discussion by Board Members. Fuke: Okay, Ms. Frenz, could you please read the recommendation and penalty for this case? Frenz: Yes, Chair. In this case, the Department is recommending a $1,000.00 fine. Of that $1,000.00 fine, we recommend that you suspend $750.00 for a period of one year provided there are no similar law violations of this nature. The $250.00 would be due and owed to the Department within 30 days of their receipt of the order in this case. They have no previous violations of this nature, they did take responsibility, and the penalty that the Department is recommending is in line with other similarly situated licensees of the same violation. In this case, when an Investigator went to the establishment, there were two people working behind MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, APRIL 20, 2023 - HILO PAGE 9 OF 25