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Rule 3-6(A)(2) of the Rules and Regulations of the Liquor Commission of the Department of <br />Liquor Control of the County of Hawaii, State of Hawaii. <br />would further note Chair, that the Licensee has in fact selected Alternative IV, admitting to <br />the allegation, stipulating that disciplinary action may be taken without their presence, they're <br />waiving their right to a hearing and an appeal, subjecting themselves to the penalties pursuant <br />to Rule 1.12, which is a $100.00 fine for the first offense. I'd further note that the Licensee has <br />already made payment, Chair, as of December 5, 2023, in the amount of $100.00. <br />Fuke: Okay, thank you very much. May I please have a motion to find the Licensee in <br />violation of the charge? <br />Taniguchi: So moved. <br />Kelly: Second. <br />Board Member Taniguchi moved to find the Licensee in Case No. <br />2023-017, in violation of Rule 3-6(A)(2) of the Rules and Regulations <br />of the Liquor Commission of the Department of Liquor Control of the <br />County of Hawaii, State of Hawaii, for failure to submit a Final Gross <br />Liquor Sales Report by the deadline of July 31, 2023; Seconded by <br />Board Member Kelly. <br />Fuke: Any discussion among the Board Members? <br />There was no discussion by Board Members. <br />Fuke: If not, all those in favor please say "Aye." <br />The Board Members voted "Aye." <br />Fuke: Opposed, "Nay." <br />There was no opposition by Board Members. <br />Fuke: Motion is unanimously carried. <br />The motion was carried unanimously. <br />Fuke: Board Members have any questions of the Department or its attorney? <br />Taniguchi: Yes, I have a question for Gerald, so if they don't send in this gross sales report, <br />does that affect their assessment? <br />Takase: Well, eventually it will because what happens is, we get all of the gross sale reports, <br />and then that helps determine our budget for the year. So it really doesn't affect us until when <br />we try to collect it which is in November, but we'll get it before then, and individually, unless <br />they're one of the big ones like Costco, or Hilton, their percentage would probably not change <br />that much. So, they've done better, the investigators have been very good about getting them <br />out, but some of them I don't know why, because we send the notice about 30 days out, and <br />MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 21, 2023 - HILO PAGE 9 OF 17 <br />