2023-12-21 Liquor Adjudication Board Minutes

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I'd further note, Chair, that the Licensee has in fact selected Alternative IV, admitting to the allegation, stipulating that disciplinary action may be taken without their presence, waiving its right to a hearing and appeal, subjecting itself to the penalties pursuant to Rule 1.12, which is a $100.00 fine for the first offense. I'd further note finally that the Licensee has in fact made payment of the $100.00 fine to the Department on November 24, 2023. Fuke: Thank you very much. May I have a motion to find the Licensee in violation of the charge? Taniguchi: So moved. Kelly: Second. Board Member Taniguchi moved to find the Licensee in Case No. 2023-016, in violation of Rule 3-6(A)(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 submit a Final Gross Liquor Sales Report by the deadline of July 31, 2023; Seconded by Board Member Kelly. 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: Board Members have any questions of the Department or its attorney? There was no discussion from Board Members. Fuke: Okay, moving on. Ms. Frenz, could you please provide the Department's recommendation for penalty in this case. Frenz: Yes, so as the complaint and accusation alleges, the Licensee in this case failed to submit its final report of gross liquor sales to the Department by July 31St, 2023. In this case, there were reminders provided to the Licensee on June 15, 2023, July 28, 2023, and in fact, an in -person reminder to the Licensee on July 28, 2023, they nevertheless failed though to file that report. The $100.00 is a recommendation and as it previously indicated, they made payment on November 24, 2023. MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 21, 2023 - HILO PAGE 7 OF 17