2023-12-21 Liquor Adjudication Board Minutes

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Frenz: Yes, Chair. On or about the 10th day of July 2023, in the County and State of Hawaii, the Licensee, Crossroads Fireart LLC, dba Fireart Cuisine, failed to notify the Commission in writing within 30 days of October 7, 2022, of the appointment of Dexiang He, and Fen MacCarley (aka Fen He), as Members; in violation of Section 281-41(i) of the Hawaii Revised Statutes, as amended. also notify this Board, Chair, that the Licensee has in fact selected Alternative I, admitting to the allegation, stipulating that disciplinary action may be taken without their presence, and waiving its right to a hearing and an appeal. Fuke: Thank you very much. Could I have a motion to find the Licensee in violation of the charge? Kelly: So moved. Taniguchi: Second. Board Member Kelly moved to find the Licensee in Case No. 2023-015 in violation of Section 281-41(i) of the Hawaii Revised Statutes, as amended, for failure to notify the Commission in writing within 30 days of a change in members or managers of a Limited Liability Company; Seconded by Board Member Taniguchi. Fuke: 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: Do Board Members have any questions of the Department or its attorney? There was no discussion by Board Members. Fuke: If not, Ms. Frenz, could you please provide the Department's recommendation for penalty? Frenz: Recommendation is a $100.00 fine, I don't have any indication about payment made to date, Chair. Fuke: Thank you very much, is there a motion on the penalty of $100.00? MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 21, 2023 - HILO PAGE 5 OF 17