HomeMy WebLinkAbout2024-05-02 Liquor Commission Minutes HiloU 109:42 AM
COUNTY OF HAWAI`I
DEPARTMENT OF LIQUOR CONTROL
LIQUOR COMMISSION MEETING
MINUTES — MAY 29 2024
HILO LAGOON CENTRE
101 AU PU N I STREET, UNIT 230
H I LO, HAWAI `I
I. Call to Order
The meeting was called to order by Chair Nishimoto at 10:00 A.M., in the Hilo Meeting
Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Au pu n i Street, Unit 230, Hilo,
Hawaii.
The following were present and constituted a quorum:
Commissioners: Laurisa Nishimoto, Chair
Wil Okabe, Vice Chair
Doug Espejo, Commissioner
David Greenwell, Commissioner
Arthur Taniguchi, Commissioner
Jennifer Wilkinson, Commissioner
Jennifer Yadao, Commissioner
Absent and Excused: Brandon Gonzalez, Administrative Officer
Others Present: Gerald Takase, Director
Dakota `Cody' Frenz, Deputy Corporation Counsel
Stacie Waltjen, Licensing Officer
Hau`oli Sayles, Commission Secretary
Nishimoto: Please silence phones and other devices. This meeting is being recorded,
so speak loud and clear and one at a time. We will now do roll call, please say present
when your name is called.
Sayles: Vice Chair Okabe.
Okabe: Present.
Sayles: Commissioner Espejo.
Espejo: Present.
Sayles: Commissioner Greenwell.
/109:42 AM
Greenwell: Present.
Sayles: Commissioner Taniguchi.
Taniguchi: Present.
Sayles: Commissioner Wilkinson.
Wilkinson: Present.
Sayles: Commissioner Yadao.
Yadao: Present.
Sayles: Chair Nishimoto.
Nishimoto: Present.
Sayles: Absent and excused today is Administrative Officer Brandon Gonzalez.
Others present are Director Gerald Takase, Deputy Corporation Counsel Cody Frenz,
Licensing Officer Stacie Waltjen, and Commission Secretary Hau`oli Sayles.
II. Approval of Minutes —April 4, 2024 (10:01AM)
Nishimoto: The April 4, 2024, meeting minutes were circulated via email on
April 29, 2024. May I have a motion to approve meeting minutes as circulated?
Okabe: Okabe, so moved.
Greenwell: Greenwell, second.
Commissioner Okabe moved to approve the April 4, 2024,
Liquor Commission meeting minutes as circulated;
Seconded by Commissioner Greenwell.
Nishimoto: Is there any discussion?
There was no discussion by Commissioners.
Nishimoto: All those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed, "Nay."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 2 OF 42
/109:42 AM
There was no opposition by Commissioners.
Nishimoto: The minutes have been approved.
The motion was carried unanimously.
III. Approval of Addendum and/or Supplemental Agenda (10:01 AM)
Nishimoto: There's no addendum and/or supplemental agenda.
IV. Public Statements on Agenda Items (10:01 AM)
Nishimoto: Are there any public statements from the members of the public at this
time?
There were no statements from members of the public.
V. Public Hearings (10:02 AM)
NEXT TWO ITEMS WERE TAKEN AT ONCE
1. APPLICATION NO.:
APPLICANT:
(10: 02 AM) TRADE NAME:
PLACE OF BUSINESS:
TM K:
LICENSE APPLIED FOR:
AND
23-13
Volume Services, Inc.
Sodexo Live! - Hilo
Hilo International Airport, 2450 Kekuanao`a
Street, Bldg. 307, Room 145B, Hilo, Hawaii
2-1-012-009-0048
Original Restaurant General liquor license,
Category A
The following item was taken out of order
Vill. New Business (10:02AM)
1. Volume Services, Inc., dba Centerplate - Aloha, approval of Subcontract
Agreement Entered May 17, 2023, between Umekes Airport LLC, received
(10: 02 AM) April 12, 2024; of its Dispenser General liquor license, Category A, located
at the Ellison Onizuka Kona International Airport at Keahole, Aloha Airlines
Terminal, 73-200 Kupipi Street, Keahole, North Kona, Hawaii.
Neil Gota, Esq., Authorized Agent, was present.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 3 OF 42
/109:42 AM
Nishimoto: Good morning.
Gota: Good morning, Chair, Members of the Commission, Neil Gota, appearing on
behalf of Volume Services, Inc., doing business as Sodexo Live! — Hilo.
Nishimoto: Could you please describe the business.
Gota: This is a restaurant application for the space at Hilo International Airport.
Nishimoto: Have you received the application report?
Gota: Yes I have.
Nishimoto: Are there any changes to the report?
Gota: Yes, I do have a change to the Primary Decision -Maker, so we need to resolve
that issue.
Takase: They had designated somebody but that person had left, so we're in the
process of vetting the second person, so I think we can continue that matter until next
month.
Nishimoto: So, we will be kept up to date on that?
Takase: Yes.
Nishimoto: Director, are there any reports of protests?
Takase: Madame Chairman, the applicant mailed 137 out of 137 notices within 100
feet, 180 out of 180 notices within 500 feet. There were 93 total properties entitled to
protest, there were no protests to this application.
Nishimoto: Is there any public testimony?
There was no public testimony.
Nishimoto: Seeing that there are none. Commission, any discussion or questions?
Taniguchi: What kind of music is allowed?
Gota: I believe it may be recorded music.
Taniguchi: Just recorded?
Gota: Correct.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 4 OF 42
/109:42 AM
Taniguchi: It's kind of small that area.
Takase: I know they have music on Fridays, but I think that's actually the airport. But
they're going to expand into that area as well.
Gota: We can provide clarification at the next hearing.
Taniguchi: No, just curious because I know the airport, they usually I think Fridays they
have something.
Nishimoto: Any other questions or discussion?
There was no further discussion by Commissioners.
Nishimoto: Moving on, may I have a motion to close the public hearing?
Taniguchi: So moved.
Nishimoto: May I have a second?
Espejo: Espejo, second.
Commissioner Taniguchi moved to close the public
hearing; Seconded by Commissioner Espejo.
Nishimoto: Any discussion of the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: Those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: So, public hearing is closed.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. 23-13, pending
final inspection?
Okabe: Okabe, move to approve.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 5 OF 42
/109:42 AM
Wilkinson: Wilkinson, second.
Commissioner Okabe moved to approve Application No. 23-13,
Volume Services, Inc., dba Sodexo Live! - Hilo, for an Original
Restaurant General liquor license, Category A, located at the
Hilo International Airport, 2450 Kekuanao`a Street, Bldg. 307,
Room 145B, Hilo, Hawaii, TMK: 2-1-012-009-0048, pending
final inspection; Seconded by Commissioner Wilkinson.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Motion has been approved.
The motion was carried unanimously.
Nishimoto: Also, may I have motion to approve Subcontract Agreement entered
May 17, 2023?
Wilkinson: Wilkinson, so moved.
Nishimoto: May I have a second?
Okabe: Okabe, second.
Commissioner Wilkinson moved to approve the Subcontract Agreement
Entered May 17, 2023, between Umekes Airport LLC, received April 12, 2024;
of its Dispenser General liquor license, Category A, located at the Ellison
Onizuka Kona International Airport at Keahole, Aloha Airlines Terminal,
73-200 Kupipi Street, Keahole, North Kona, Hawaii; Seconded by
Commissioner Okabe.
Nishimoto: Any discussion on the motion? Go ahead.
Greenwell: I'm sure Corporation Counsel and the staff has reviewed it, this is kind of
lengthy for me to make a statement about it.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 6 OF 42
/109:42 AM
Takase: So, what it is, we're trying to find out exactly which location it is, but in the
Kona Airport, I think it's at the Aloha Terminal, they had a restaurant. I haven't been on
the Aloha side for a long time, so I don't even know if it's open but's it's going to open,
and Umeke's is going to run it. So, this is the subcontract for them to come in and be
the provider in that concession area.
Greenwell: Okay.
Takase: So, because it's the airport it's rather lengthy but looks okay, let's put it that
way.
Greenwell: It's just kind of between them and them, and we're approving something.
Takase: We're only approving it because Umeke's will become the licensee basically
under this agreement. So, Sodexo has the overall contract for all the airports now, and
they are subcontracting out to Umeke's to run that location.
Nishimoto: And, that's the Kona one?
Takase: One of the Kona ones.
Greenwell: Okay.
Nishimoto: Alright, any other discussion?
There was no further discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Alright, that subcontract agreement has been passed.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 7 OF 42
/109:42 AM
2. APPLICATION NO.: 23-16
APPLICANT: 4K Hawaii Pacific LLC
(10:08 AM) TRADE NAME: 4K Yakiniku Bar & Grill
PLACE OF BUSINESS: Waikoloa Plaza, 68-1820 Waikoloa Road,
#E104, Waikoloa, Hawaii
TM K: 6-8-003:015
LICENSE APPLIED FOR: Original Restaurant General liquor license,
Category B2
Kien Avero, Owner, and Keli`i Kahaopea, General Manager, were present.
Nishimoto: Good morning, please state your name and relationship to the business.
Avero: My name is Kien Avero, owner of 4K Yakiniku.
Kahaopea: Aloha, my name is Keli`i Kahaopea, General Manager.
Nishimoto: Can you please describe your business.
Avero: Yes, we're opening up a bar and restaurant where we will be serving Korean
barbecue. If you guys are familiar with yakiniku, where they have the hot grills and you
cook your own food.
Nishimoto: Have you received the application report?
Avero: Yes.
Nishimoto: Are there any changes to the report?
Avero: No changes.
Nishimoto: Director, are there any reports of protests?
Takase: Madame Chairman, the applicant sent 1 out of 1 notices within 100 feet, 7 out
of 7 notices within 500 feet. There were 7 total properties entitled to protest, we
received no protests to the application.
Nishimoto: Okay, thank you. Is there any public testimony?
There was no public testimony.
Nishimoto: Seeing that there's none. Commission, any questions or discussion?
There was no discussion by Commissioners.
Nishimoto: May I have a motion to close the public hearing?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 8 OF 42
/109:42 AM
Okabe: Okabe, move to close.
Greenwell: Greenwell, second.
Commissioner Okabe moved to close the public
hearing; Seconded by Commissioner Greenwell.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Public hearing is closed.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. 23-16, pending
final inspection?
Okabe: Okabe, move to approve.
Greenwell: Greenwell, second.
Commissioner Okabe moved to approve Application No. 23-16,
4K Hawaii Pacific LLC, dba 4K Yakiniku Bar & Grill, for an
Original Restaurant General liquor license, Category B2,
located at the Waikoloa Plaza, 68-1820 Waikoloa Road, #E104,
Waikoloa, Hawaii, TMK: 6-8-003:015, pending final inspection;
Seconded by Commissioner Greenwell.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed, "Nay."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 9 OF 42
/109:42 AM
There was no opposition by Commissioners.
Nishimoto: Alright, it has been approved.
The motion was carried unanimously.
3. APPLICATION NO.:
APPLICANT:
(10:10 AM) TRADE NAME:
PLACE OF BUSINESS:
TM K:
LICENSE APPLIED FOR:
T23-21
CK Foods, Inc.
Eunice Lounge & Bar
200 Kanoelehua Avenue, Space No. 106,
Hilo, Hawaii
2-2-032:095
Sale and Transfer of the Dispenser General
liquor license, Category B2, C, and D,
currently held by Oriental Garden, LLC,
d ba Club Rose
Chong Yoon, Owner, and Daniel Yoon, Manager, were present.
Nishimoto: Welcome, can you please state your name and relationship to the
business?
Yoon (Chong): My name is Chong Mi Yoon, I'm the owner.
Nishimoto: Okay, and you are?
Yoon (Daniel): Daniel Yoon, I'm the manager.
Nishimoto: Can you please describe the business?
Yoon (Daniel): Yes, our business is a bar and Korean food.
Takase: It'll be a restaurant and bar.
Yoon (Chong): A restaurant and bar, but we did not open the kitchen yet.
Nishimoto: Okay. Have you received the application report?
Yoon (Daniel): Yes.
Nishimoto: Are there any changes to the report?
Yoon (Daniel): No.
Nishimoto: Director, are there any reports of protests?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 10 OF 42
/109:42 AM
Takase: Madame Chairman, the applicant has mailed 2 out of 2 notices within 100 feet,
159 out of 159 notices within 500 feet. There were 88 total properties entitled to protest,
we received no protests to this application.
Nishimoto: Okay, thank you. Any public testimony?
There was no public testimony.
Nishimoto: Commission, any discussion or questions?
Espejo: I got a question. It says that you'll be keeping the kitchen open for the duration
of the hours of operation?
Yoon (Chong): No, I cannot hire employees right now, so I'm just temporarily open for
only the bar. The kitchen, not yet, just a little bit but it's not open for the full menu.
Takase: I think under their plan, they want to open a regular Korean restaurant, and
they have use of their kitchen up in Waimea, the Yum Yum. So, eventually they want to
have a full Korean restaurant down here, but I think she's having trouble getting people
for the restaurant.
Espejo: Thank you.
Taniguchi: I have a question, so the violation that's over here, that's for the previous
owner, yeah?
Takase: Yes.
Taniguchi: Okay, just clarifying, thank you.
Nishimoto: Is there a tentative opening date that you're shooting for?
Takase: They're actually already open.
Nishimoto: You're already open?
Yoon (Daniel): Yes.
Nishimoto: Okay, because I know last time you were doing renovations. Any other
discussion, questions, Commission?
There was no further discussion by Commissioners.
Nishimoto: Alright, may I have a motion to close the public hearing?
Taniguchi: So moved, Taniguchi.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 11 OF 42
/109:42 AM
Espejo: Espejo, second.
Commissioner Taniguchi moved to close the
public hearing; Seconded by Commissioner Espejo.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: All those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Public hearing has been closed.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. T23-21 ?
Okabe: Okabe, so moved.
Wilkinson: Commissioner Wilkinson, second.
Commissioner Okabe moved to approve Application No.
T23-219 CK Foods, Inc., dba Eunice Lounge & Bar, for a Sale
and Transfer of the Dispenser General liquor license, Category
B29 C, and D, currently held by Oriental Garden, LLC, dba Club
Rose, located at 200 Kanoelehua Avenue, Space No. 106, Hilo,
Hawaii, TMK: 2-2-032:095, pending final inspection; Seconded
by Commissioner Wilkinson.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Frenz: Just to clarify, the motion is to approve, right?
Okabe: Yes, approve.
Nishimoto: Yes. I have a note, final inspection was completed April 10t". Let's take a
vote to approve Application No. T23-21, all those in favor say "Aye."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 12 OF 42
/109:42 AM
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Motion approved.
The motion was carried unanimously.
VI. Preliminary Hearings (10: 15 AM)
NEXT TWO ITEMS WERE TAKEN AT ONCE
1. APPLICATION NO.:
APPLICANT:
(10: 15 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
AND
2. APPLICATION NO.:
APPLICANT:
TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
T23-29
MS Hamakua, LLC
Minit Stop (Hamakua)
45-3244 Mamalahoa Highway, Honoka`a, Hawaii
4-5-004-072
Sale and Transfer of the Retail Beer and Wine
liquor license, currently held by Convenience
Plus LLC, d ba Convenience Plus
23-30
MS Hamakua, LLC
Minit Stop (Hamakua)
45-3244 Mamalahoa Highway, Honoka`a, Hawaii
4-5-004-072
Change in Kind to General, from Retail Beer
and Wine
Alberta BJ Estrada, Operations Manager, was present.
Nishimoto: Welcome, could you please state your name and relationship to the
business.
Estrada: Sure, my name is Alberta Estrada, I'm the Retail Operations Manager for
Minit Stop convenience stores.
Nishimoto: So, BJ Estrada?
Estrada: Yes.
Nishimoto: Could you describe your business.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 13 OF 42
/109:42 AM
Estrada: We are a neighborhood convenience store, we sell hot foods, retail items, and
alcohol.
Nishimoto: Have you received the application reports?
Estrada: Yes, I did.
Nishimoto: Any changes to the reports?
Estrada: No.
Nishimoto: Any public testimony?
There was no public testimony.
Nishimoto: Seeing there are none. Commission, any discussion or questions?
There was no discussion by Commissioners.
Nishimoto: No discussion or questions. May I have a motion to approve or deny
Application No. T23-29? If approved, public hearing to be held on June 6, 2024 in
Kona.
Greenwell: Greenwell make the motion to approve.
Okabe: Okabe, second.
Commissioner Greenwell moved to approve Application No. T23-29,
MS Hamakua, LLC, dba Minit Stop (Hamakua), for a Sale and Transfer
of the Retail Beer and Wine liquor license, currently held by Convenience
Plus LLC, dba Convenience Plus, located at 45-3244 Mamalahoa Highway,
Honoka`a, Hawaii, TMK: 4-5-004-072, with public hearing to be held on
June 6, 2024, in Kona, Hawaii; Seconded by Commissioner Okabe.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 14 OF 42
/109:42 AM
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. 23-30? If
approved, public hearing to be held on July 3, 2024 in Hilo.
Okabe: Okabe, motion to approve.
Nishimoto: May I have a second?
Yadao: Yadao, second.
Commissioner Okabe moved to approve Application No. 23-30,
MS Hamakua, LLC, dba Minit Stop (Hamakua), for a Change in
Kind to General, from Retail Beer and Wine, located at 45-3244
Mamalahoa Highway, Honoka`a, Hawaii, TMK: 4-5-004-072,
with public hearing to be held on July 3, 2024, in Hilo, Hawaii;
Seconded by Commissioner Yadao.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: All those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
Nishimoto: May I have motion to ratify issuance of a Temporary License No.
T-RBW-569, effective April 15, 2024?
Taniguchi: So moved, Taniguchi.
Nishimoto: May I have a second?
Okabe: Okabe, second.
Commissioner Taniguchi moved to ratify issuance of
Temporary License No. T-RBW-569, effective April 15, 2024;
Seconded by Commissioner Okabe.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 15 OF 42
/109:42 AM
Nishimoto: Any discussion on the motion?
Greenwell: Chair, that temporary license is for how long?
Takase: It would be 120 days from now, so it runs past their final hearing.
Greenwell: Okay.
Nishimoto: Any further discussion?
There was no further discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Okay, so you're temporary license has been approved, as well as the
Application Nos. T23-29 and 23-30.
The motion was carried unanimously.
NEXT TWO ITEMS WERE TAKEN AT ONCE
3. APPLICATION NO.:
APPLICANT:
(10:19 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
AND
4. APPLICATION NO.:
APPLICANT:
TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
T23-32
Ohana Foods Inc.
Kilauea Shell
1104 Kilauea Avenue, Hilo, Hawaii
2-2-021:040
Sale and Transfer of the Retail Beer and
Wine liquor license, currently held by Duke's
Enterprises, Inc., dba Kilauea Shell Food Mart
23-33
Ohana Foods Inc.
Kilauea Shell
1104 Kilauea Avenue, Hilo, Hawaii
2-2-021:040
Change in Kind to General, from Retail
Beer and Wine
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 16 OF 42
/109:42 AM
Carl Okuyama, and Amy Okuyama, Co -owners, were present.
Nishimoto: Welcome. Can you please state your name and relationship to the
business?
Okuyama (Carl): Good morning. My name is Carl Okuyama, and I'm the President of
Ohana Foods.
Okuyama (Amy): Good morning, my name is Amy Okuyama, and I'm the Secretary,
Director, and also cook, I got promoted.
Nishimoto: Thank you. Could you please describe your business.
Okuyama (Carl): We have convenience stores on the island of Hawaii, and we have
three locations serving the neighborhood communities. We have gasoline, goods, and
hot foods, and we hope to open at this new station in Hilo on Kilauea Avenue up the
street that's currently Kilauea Shell.
Nishimoto: Thank you. Have you received the application reports?
Okuyama (Carl): Yes.
Nishimoto: Okay, are there any changes to the reports?
Okuyama (Carl): None.
Nishimoto: Any public testimony?
There was no public testimony.
Nishimoto: Seeing that there are none. Commission, any discussion or questions?
There was no discussion by Commissioners.
Nishimoto: No discussion or questions. Alright, may I have a motion to approve or
deny Application No. T23-32? If approved, public hearing to be held on June 6, 2024
in Kona.
Taniguchi: So moved, Taniguchi.
Nishimoto: May I have a second?
Espejo: Espejo, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 17 OF 42
/109:42 AM
Commissioner Taniguchi moved to approve Application No. T23-32,
Ohana Foods Inc., dba Kilauea Shell, for a Sale and Transfer of
the Retail Beer and Wine liquor license, currently held by Duke's
Enterprises, Inc., dba Kilauea Shell Food Mart, located at 1104
Kilauea Avenue, Hilo, Hawaii, TMK: 2-2-021:040, with public
hearing to be held on June 6, 2024, in Kona, Hawaii; Seconded
by Commissioner Espejo.
Nishimoto: Is there a discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Okay, let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Motion has been approved.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. 23-33? If
approved, public hearing to be held on July 3, 2024 in Hilo.
Okabe: Okabe, motion to approve.
Nishimoto: May I have a second?
Wilkinson: Wilkinson, second.
Commissioner Okabe moved to approve Application No. 23-33,
Ohana Foods Inc., dba Kilauea Shell, for a Change in Kind to
General, from Retail Beer and Wine, located at 1104 Kilauea Avenue,
Hilo, Hawaii, TMK: 2-2-021:040, with public hearing to be held on
July 3, 2024, in Hilo, Hawaii; Seconded by Commissioner Wilkinson.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 18 OF 42
/109:42 AM
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: So, it has been approved, Application No. 23-32 as well as 23-33.
The motion was carried unanimously.
VII. Unfinished Business (10:23 AM)
Nishimoto: There is no Unfinished Business at this time.
VIII. New Business (10:23AM)
THE FOLLOWING ITEM WAS ALREADY TAKEN OUT OF ORDER
2. Request to Extend the Time Issuance Submitted for Approval (10:23 AM)
(10:23 AM) a. Kapapala Ranch, dba Kapapala Ranch, RE: ,Application No. 19-24,
approval of request to extend the time issuance of the liquor license
for good cause shown for an additional 12 months, from May 7, 2024, to
and including May 7, 2025, ,,,,,,,,, �� i['ts,,,,,,,,,,Dispenser Beer and Wine liquor license,
Category B2, located at 98-1900 Hawaii Belt Road, Pahala, Hawaii
Passage requires finding of good cause pursuant to Rule 4-2(M) of
the Rules and Regulations of the Liquor Commission of the County
of Hawaii. If the Commission finds good cause, state what that
good cause is when making the motion.
Nishimoto: May I have a motion to approve with good cause?
Okabe: Okabe, motion to approve with good cause.
Nishimoto: Okay, what is the good cause?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 19 OF 42
/109:42 AM
Greenwell: I read this, and I know a little bit about the history and stuff. It's basically
two State departments cannot agree on the ownership of this land, and that's why they
cannot commensurate a lease agreement.
Nishimoto: So, the good cause would be to give them time to work it out.
Greenwell: The act was passed over 20 years ago, and the Department of Ag
(Agriculture) and DLNR (Department of Land and Natural Resources) cannot agree on
how they're going to divide the pie.
Nishimoto: So, they have a year, they're asking for 12 months. Are you seconding?
Greenwell: I can second it.
Commissioner Okabe moved to approve the request to extend
the time issuance of the liquor license for good cause shown, for an
additional 12 months, from May 7, 2024, to and including May 7, 2025,
by letter received May 1, 2024, of its Dispenser Beer and Wine liquor
license, Category B2, located at 98-1900 Hawaii Belt Road, Pahala,
Hawaii; Seconded by Commissioner Greenwell.
Nishimoto: Is there any further discussion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
b. Paradise Express LLC, dba Paradise Express, RE: Application
No. 19-18, approval of request to extend the time issuance of the
(10:25 AM) liquor license for good cause shown for an additional 12 months, from
May 7, 2024, to and including May 7, 2025, of its Retail General liquor
license, located at 84-4811 Hawaii Belt Road, Captain Cook, Hawaii.
Passage requires finding of good cause pursuant to Rule 4-2(M) of
the Rules and Regulations of the Liquor Commission of the County
of Hawaii. If the Commission finds good cause, state what that
good cause is when making the motion.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 20 OF 42
/109:42 AM
Nishimoto: May I have a motion to approve with good cause?
Taniguchi: So moved, Taniguchi. The good cause is that they have not been able to
make progress in getting the permits with the Planning Department. I think we can all
empathize with that.
Nishimoto: May I have a second?
Greenwell: Greenwell, second.
Commissioner Taniguchi moved to approve the request to extend
the time issuance of the liquor license for good cause shown for an
additional 12 months, from May 7, 2024, to and including May 7,
2025, by letter received May 1, 2024, of its Retail General liquor
license, located at 84-4811 Hawaii Belt Road, Captain Cook, Hawaii;
Seconded by Commissioner Greenwell.
Nishimoto: Any discussion of the motion? Go ahead.
Wilkinson: So, this is another extension, this is not the first one, and it indicates that
now the store doesn't generate enough income to perform the repairs that are required,
so now they're, looks like a last-ditch effort to try to get grandfathered-in. I would just
suggest that we don't provide another extension after we pass the one we're going to.
Nishimoto: For this one in a year? Okay, so noted. Alright, any other discussion?
Okabe: So, you're saying that when it comes to the one year, we wouldn't be
recommending any more extensions?
Wilkinson: No, because we were looking at 18-24 months while they kind of try to
figure out if they want to even stay in business, I think that's a long time to keep the
hope and determine to do it.
Nishimoto: Hopefully this is it.
Okabe: And, Director?
Takase: Well, you know I kind of feel for all these guys because they're stuck in a
process, and really if they could sell liquor, I'm pretty sure they could make enough
money to solve all their problems. So, you know it's not only their fault, they're trying to
do what they can, but you know they thought they were going to be grandfathered in,
they weren't, so now they're going through the permitting process. So, I think from our
standpoint is that the Department, we would still support an extension, there's a lot of
extenuating circumstances, so for us to turn them down, and that's why I would
probably recommend not doing that. It's kind of bad I think, under one hand, we're
going to turn you down because you didn't comply with another Department's wishes.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 21 OF 42
/109:42 AM
mean, I think if you put yourself in their position, it's just a nightmare. And you know,
don't want to be part of adding to their nightmare dealing with the County.
Okabe: I think that Commissioner Wilkinson is basically saying that every time it comes
up, it's just extended, extended, extended. So, can that communication be expressed
to them?
Takase: Yes, and we'll
Okabe: And how we as a Commission we can help the process along so that doesn't
happen? You know what I mean, so we try to be proactive in a sense that we
understand that an extension is needed, but then you know I think that Commissioner
Wilkinson is saying that, you know like I mentioned before, she just wasn't keep on
extending, extending, extending it, right? I think.
Wilkinson: Where do you draw the line, especially when each of their doors that
they're trying to go through keeps getting closed on them, how long do we just keep this
open, especially when it looks like there's going to need to be some major revisions
done to the application as it is, just for you know conversation. Plus, I don't feel in this
letter, I don't feel the sense of, we're going to get it done no matter what, knowing that
once we do get approved, we'll make money. It's sort of like the "cart before the horse"
here, if we can do this, we can make enough money to do it, but we can't do it, so
where do you draw the line in terms of extensions?
Frenz: I just want to clarify for Commissioner Okabe, it's great discussion points but
that's where it stops, right? You can't project, I think it would be unfair to the party to
project whether or not they'll have a sufficient basis for good cause. These will be noted
for the record, that Liquor Department will converse with the applicant, and we'll see
what a year brings, and what their basis is then, if any because it may be different, it
may be greater, it may be worse, right? And you will assess at that time, but it would be
premature to add conditions now, I think.
Okabe: Yes, it's just for discussion. But I think that the Commission needs to
understand that if this situation continues to come out, this conversation that we're
having today will have some impact when the next time comes up.
Taniguchi: Chair, so you know, I can see their point but being on the side helping
businesses all these years, it's not easy. You know, you don't want to put anybody out
of business. And, you know dealing with these Departments, I've seen many, many,
many, many customers that just, I mean you hitting your head against the wall a lot of
times. So, I know Mr. Okabe was our Managing Director, you know they try to help
things go along too, but it's not easy. And the thing I like about this Department is our
Director always looks at trying to help people, you don't want to put them out of
business. Even when Luquin's went down with the fire, we had to approve a temporary
just so they could sell liquor by the food truck. But they're great points, but it's easy to
sit back and say we not going do it the next time, but I'm not in favor of saying that, I just
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 22 OF 42
/109:42 AM
say do your best, if we can help in anyway, and Director has in the past, given potential
licensees direction as to what they can do. But we really got to be careful when we say
that kind of stuff, we don't want to discourage people and they close up and go away,
you know.
Okabe: I don't think our discussion was to say that, I think it was to have the
conversation that this Commission can not be a Commission that just rubber stamps
every request for extension. So, that is a healthy discussion, not saying that we want to
prevent people from getting their business, but we cannot be taking the opposite side of
what you're saying too, and just approving everything for that particular justification, so
think this discussion is healthy.
Taniguchi: Yes, it's a healthy discussion.
Wilkinson: So, I have a question. If we were to extend over and over and over again,
and say it goes three or four years of extensions, and the law changes in the meantime,
does a pending application revert back to the laws it was when they applied?
Frenz: Completely depends on the law.
Takase: Yes.
Wilkinson: But if the law applies to that particular application, then the final approval,
they would have to qualify under the new rules?
Frenz: It depends on the law.
Takase: I'll tell you, the only problem I see with continually extending something is you
may get a whole new neighborhood in there, and not so much for retail stores, but if it
was a night club at the time they got it. But in time things change, and could they still
come in? Yes, as long as we're extending them, they can still come in, but you may
have a whole new neighborhood out there that's going to say, " How come we were
never informed about this?" Well, it was on the books for 10 years, you know, but that's
the kind of stuff we'll watch for and hopefully it will strike a balance to not get stuck in
those types of situations.
Wilkinson: So, if an applicant were to say, make these required changes, but in the
interim, they figure they're going to spend a lot of money to make these changes
anyway, lets add a space or change the character of the place that has already been
through the process, if it changes in a substantial way, I'm assuming the Department is
going to say that this needs to go through the proper process again?
Takase: Well, it would kind of depend on how much because the only way it would
come back on that kind of scenario is that they would have to change the square
footage or do more alterations, other than that, it doesn't really come back to us.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 23 OF 42
/109:42 AM
Wilkinson: So, square footage would be something that I would think, you decide to
double the size?
Takase: But, I don't want to make it sound that hopeless because you know as a
Commission, you have the ability every year to review all of the licensees, and anytime
a complaint comes up, even if it was good then, you can still say we got problems now,
and add restrictions to it, or if there's nothing done, you could always revoke the license.
Wilkinson: And, that's where the concern for me is with kicking this out so far past the
public comment period. If something is going on three years just like you said, the
neighborhood changes, are the neighbors fully aware of what's about to open? That's
my concern.
Nishimoto: Any other discussion?
There was no further discussion by Commissioners.
Nishimoto: Thank you Commissioners, and Director for enlightening us on the issue, I
think this is good food for thought, we have one more to look at, but I think each time we
take a look at these extensions, we will be mindful of this discussion, and hopefully like
Corporation Counsel said, it could be better, it could be worse, it could be resolved.
You know, so at the time when we do take a look at it again, we will see what the
reasonings are and be able to make a wise decision based on that, and always being
mindful of being proactive, encouraging, and supportive of our community and the
business, so thank you very much. Okay, so I think we are going to take a vote on the
motion to approve with good cause, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
C. RLS1 Mauna Lani, LLC, dba Torsap Thai Kitchen, RE: Applicaton
No. 21-31, approval of request to extend the time issuance of the
(10:37 AM) liquor license for good cause shown for an additional 12 months, from
June 2, 2024, to and including June 2, 2025, of its Restaurant General
liquor license, Category B1, located at The Shops at Mauna Lani,
68-1330 Mauna Lani Drive, Suite 122, Kamuela, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 24 OF 42
/109:42 AM
Passage requires finding of good cause pursuant to Rule 4-2(M) of
the Rules and Regulations of the Liquor Commission of the County
of Hawaii. If the Commission finds good cause, state what that
good cause is when making the motion.
Nishimoto: May I have a motion to approve with good cause?
Greenwell: This is Greenwell, I'll make the motion, the project is delayed due to The
Shops at Mauna Lani went into receivership, they are working with the managers. I'd
like to put something else in play here, I appreciate the Commissioners on all their input
on the last item, because of the three items, the good cause was harder find in that last
item, and you people all looked it over, you all discussed it, everybody had an idea, so
think you did a good job.
Nishimoto: Very good, alright, may I have a second?
Taniguchi: Second, Taniguchi.
Commissioner Greenwell moved to approve the request to extend
the time issuance of the liquor license for good cause shown for
an additional 12 months, from June 2, 2024, to and including June 2,
20259 by letter received May 1, 2024, of its Restaurant General liquor
license, Category B1, located at The Shops at Mauna Lani, 68-1330
Mauna Lani Drive, Suite 122, Kamuela, Hawaii; Seconded by
Commissioner Taniguchi.
Nishimoto: Any discussion on the motion?
Espejo: Can we shed some light on what this receivership is all about?
Takase: I think they went into foreclosure, The Shops at Mauna Lani. They kind of lost
the ownership entity, and now these guys have been waiting for the new entity to come
around so they can finalize their agreement with them, so it's again it's not them, it's
their ownership went out, and I think it's something we should be kind of concerned
about because you know, The Shops at Mauna Lani were kind of upscale, but you now
if they can go out of business, anybody can.
Nishimoto: Thank you for that explanation, any other discussion?
There was no further discussion by Commissioners.
Nishimoto: Now we'll take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed, "Nay."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 25 OF 42
/109:42 AM
There was no opposition by Commissioners.
Nishimoto: That has been approved.
The motion was carried unanimously.
3. Change in Members/Officers/Directors Submitted for Approval
(10:40 AM) a. Big Island Alehouse, LLC, dba Humpy's Big Island Alehouse,
approval of Change in Members and Application for Transfer of
Membership Interest as follows:
• Removal of Lisa Fink, Member; 9% Transfer of Membership
Interest from Lisa Fink to Arnold Arellano, Member; effective
December 31, 2023;
• Removal of Kevin Joaquin, Member; 1 % Transfer of Membership
Interest from Kevin Joaquin to Arnold Arellano, Member; effective
February 6, 2024;
by form received March 11, 2024; of its Restaurant General liquor license,
Category B2, located at the Coconut Grove Marketplace, 75-5815 Ali`i
Drive, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to approve?
Taniguchi: So moved, Taniguchi.
Nishimoto: May I have second?
Espejo: Espejo, second.
Commissioner Taniguchi moved to approve the Change in Members and
Application for Transfer of Membership Interest as follows: Removal of
Lisa Fink, Member; 9% Transfer of Membership Interest from Lisa Fink to
Arnold Arellano, Member; effective December 31, 2023; Removal of Kevin
Joaquin, Member; 1 % Transfer of Membership Interest from Kevin Joaquin
to Arnold Arellano, Member; effective February 6, 2024; by form received
March 11, 2024; of its Restaurant General liquor license, Category B2,
located at the Coconut Grove Marketplace, 75-5815 AIN Drive, Kailua-Kona,
Hawaii; Seconded by Commissioner Espejo.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 26 OF 42
/109:42 AM
Nishimoto: Let's take a vote. All those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Motion has been approved.
The motion was carried unanimously.
b. Kohola LLC, dba Laverne's Sports Bar, approval of Change in
Members and Applicaton for Transfer of Membership Interest as follows:
(10:40 AM)
• Removal of Lisa Fink, Member; 9% Transfer of Membership
Interest from Lisa Fink to Arnold Arellano, Member; effective
December 31, 2023;
• Removal of Kevin Joaquin, Member; 1 % Transfer of Membership
Interest from Kevin Joaquin to Arnold Arellano, Member; effective
February 6, 2024;
by form received March 11, 2024; of its Dispenser General liquor license,
Category B2, located at the Coconut Grove Marketplace, 75-5819 Ali`i
Drive, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to approve?
Okabe: Okabe, motion to approve.
Greenwell: Greenwell, second.
Commissioner Okabe moved to approve the Change in
Members and Application for Transfer of Membership Interest
as follows: Removal of Lisa Fink, Member; 9% Transfer of
Membership Interest from Lisa Fink to Arnold Arellano,
Member; effective December 31, 2023; Removal of Kevin
Joaquin, Member; 1 % Transfer of Membership Interest from
Kevin Joaquin to Arnold Arellano, Member; effective February
6, 2024; by form received March 11, 2024; of its Dispenser
General liquor license, Category B2, located at the Coconut
Grove Marketplace, 75-5819 Ah'i Drive, Kailua-Kona, Hawaii;
Seconded by Commissioner Greenwell.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 27 OF 42
/109:42 AM
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote. All those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
C. Stay Dream LLC, dba Sushi Cocoro & Udon Noodle, approval
of Change in Members, and Application for Transfer of Membership
Interest, as follows:
(10:40 AM)
• Appointment of Misako Sanada, as Member; effective March 11, 2024,
by form received March 25, 2024;
• 50% Transfer of Membership Interest from Yoshito Sanada to Misako
Sanada, effective March 11, 2024) by form received April 1, 2024;
• Personal History and Affidavit for Misako Sanada, Member;
of its Dispenser General liquor license, Category A, located at 75-5699
Ali`i Drive, Suite F, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to approve?
Okabe: Okabe, motion to approve.
Taniguchi: Second, Taniguchi.
Commissioner Okabe moved to approve the Change in Members, and
Application for Transfer of Membership Interest as follows: Appointment
of Misako Sanada, as Member; 50% Transfer of Membership Interest from
Yoshito Sanada to Misako Sanada; effective March 11, 2024, by form
received March 25, 2024; 50% Stock Transfer from Yoshito Sanada to
Misako Sanada; effective March 11, 2024, by form received April 1, 2024;
Personal History and Affidavit for Misako Sanada, Member; of its Dispenser
General liquor license, Category A, located at 75-5699 Ah'i Drive, Suite F,
Kailua-Kona, Hawaii; Seconded by Commissioner Taniguchi.
Nishimoto: Any discussion on the motion?
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 28 OF 42
/109:42 AM
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
Takase: I wanted to bring up, if you look at the Personal History, it was not notarized.
So, I made a decision that we're not going to require it because the notarization
requirements in Japan are very cumbersome. They need to go to the U.S. (United
States) Embassy, I think she's in Tokyo, the embassy is in Osaka, so for us it's like
going to the West Coast to get a document notarized. For the amount of trouble it is,
said I'm going to waive it in this case because it's her son, so I don't think we're going to
have a big problem with it. It's because I'm a little familiar, when I was upstairs, we
were doing notarization of legal real property documents, I found out how difficult the
process is there. You know, here I can just go anywhere, and I can get it notarized, but
there it's a very formalized and serious process and it's very hard for them, so I felt it
was unnecessary but just to let you folks know that.
Nishimoto: Thank you for that, any discussion on that?
There was no further discussion by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 29 OF 42
U 109:42 AM
d. Hilo Lodge, No. 759, of the Benevolent and Protective Order of
Elks of the United States of America, dba B.P.O. Elks No. 759,
approval of Change in Officers/Directors as follows:
(10:43 AM)
• Change in Title of Elizabeth Moore, from President to Trustee,
and Lily Chan -Harris, from Treasurer to President;
• Removal of Dawn Sumida, Vice President; Richard Davis,
Vice President; and Kyle Usui, Trustee;
• Appointment of Loren Pabila, as Vice President, Pamela Paulo,
as Vice President; Tantra Bates, as Trustee; Gary Larson, as
Vice President, Marva Lynn Chew, as Secretary, and Sandra Walker,
as Treasurer;
• Personal History and Affidavits for Loren Pabila, Vice President,
Pamela Paulo, Vice President; and Tantra Bates, Trustee;
effective April 1, 2024, by forms received March 27, 2024; of its
Club liquor license, located at 150 Kino`ole Street, Hilo, Hawaii.
Nishimoto: May I have a motion to approve?
Greenwell: Greenwell, make the motion to approve.
Wilkinson: Wilkinson, second.
Commissioner Greenwell moved to approve the Change in
Officers/Directors as follows: Change in Title of Elizabeth Moore, from
President to Trustee, and Lily Chan -Harris, from Treasurer to President;
Removal of Dawn Sumida, Vice President; Richard Davis, Vice President;
and Kyle Usui, Trustee; Appointment of Loren Pabila, as Vice President,
Pamela Paulo, as Vice President; Tantra Bates, as Trustee; Gary Larson,
as Vice President, Marva Lynn Chew, as Secretary, and Sandra Walker, as
Treasurer; Personal History and Affidavits for Loren Pabila, Vice President,
Pamela Paulo, Vice President; and Tantra Bates, Trustee; of its Club liquor
license, located at 150 Kino`ole Street, Hilo, Hawaii; Seconded by
Commissioner Wilkinson.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 30 OF 42
/109:42 AM
There was no opposition by Commissioners.
The motion was carried unanimously.
e. Hale Inu, Inc., dba Hale Inu Sports Bar, approval of Change in
Officers/Directors, and Application for Transfer of Stock as follows:
(10:44 AM)
• Removal of Geraldine Bibilone, President, Treasurer, and Director;
Appointment of Clark Bibilone, as Secretary and Director;
Change in Title of Saizzean Miguel-Saturnio, from Vice President,
Secretary, and Director, to President, Vice President, Treasurer, and
Director; effective February 29, 2024, by form received April 10, 2024;
• 50% Stock Transfer from Geraldine Bibilone to Saizzean Miguel-
Satu rn io, effective June 8, 2023) by form received April 10, 2024;
• Personal History and Affidavits for Saizzean Miguel-Saturnio, President,
Vice President, Treasurer, and Director; and Clark Bibilone, Secretary
and Director;
of its Dispenser General liquor license, Category B2, located at
400 Hualani Street, Hilo, Hawaii.
Nishimoto: May I have a motion to approve?
Taniguchi: So moved, Taniguchi.
Nishimoto: May I have a second?
Espejo: Espejo, second.
Commissioner Taniguchi moved to approve the Change in
Officers/Directors, and Application for Transfer of Stock as follows:
Removal of Geraldine Bibilone, President, Treasurer, and Director;
Appointment of Clark Bibilone, as Secretary and Director; Change in
Title of Saizzean Miguel-Saturnio, from Vice President, Secretary, and
Director, to President, Vice President, Treasurer, and Director; effective
February 29, 2024, by form received April 10, 2024; 50% Stock Transfer
from Geraldine Bibilone to Saizzean Miguel-Saturnio, effective June 8,
2023, by form received April 10, 2024; of its Dispenser General liquor
license, Category B2, located at 400 Hualani Street, Hilo, Hawaii;
Seconded by Commissioner Espejo.
Nishimoto: Any discussion of the motion?
There was no discussion by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 31 OF 42
U 109:42 AM
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
f. Accor Management US Inc., dba The Fairmont Orchid, Hawaii,
approval of Change in Officers/Directors as follows:
(10:44 AM)
• Appointment of Benjamin Caldwell, as Director and Chief Operating
Officer (COO), United States, effective August 31, 2021;
• Change in Title of Barbara Kilner, from Senior Vice President, Secretary,
Director, and General Counsel, North & Central America, to Senior Vice
President, Secretary, Director, and General Counsel, Fairmont & Luxury
North America; Appointment of Mark Willis, as President; and Matthew
Blackmore, as Director; effective March 31, 2023;
• Appointment of Salaheddine Fouissi, as Treasurer, effective
April 30, 2023;
• Removal of Mark Willis, President; Change in Title of Benjamin
Caldwell, from Director and Chief Operating Officer (COO), United
States, to President, Director, and Chief Operating Officer (COO),
North & Central America; effective December 31, 2023;
• Change in Title of Salaheddine Fouissi, from Treasurer, to Treasurer
and Director; and Barbara Kilner, from Senior Vice President, Secretary,
Director, and General Counsel, North & Central America, to Senior Vice
President, Secretary, and General Counsel, Fairmont & Luxury North
America; effective January 1, 2024;
• Personal History and Affidavits for Matthew Blackmore, Director;
Benjamin Caldwell, President, Director, and Chief Operating Officer,
(COO), North & Central America; Salaheddine Fouissi, Treasurer and
Director; and Barbara Kilner, Senior Vice President, Secretary, and
General Counsel, Fairmont & Luxury North America;
by forms received April 12, 2024; of its Hotel liquor license, located
at One North Kaniku Drive, Kohala Coast, Hawaii.
Onaona Thoene, Esq., Authorized Agent, was present.
Nishimoto: Hi, good morning.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 32 OF 42
/109:42 AM
Thoene: Aloha, Chair. I just wanted to introduce myself, my name is Onaona Thoene,
here on behalf of Accor. If you folks have any questions, please let me know, it is a little
bit of a complicated change in officers.
Nishimoto: So, do you want to explain a little bit about the change in officers
directors?
Thoene: Sure, I'm sure you folks noticed there's a little bit of a delay in some of the
changes of these officers, and I'm here just to explain a little bit about why that
happened. Accor has hotels both in Waikoloa, and there's another hotel on Maui, so
this is Fairmont if you folks are familiar with them. The Maui liquor license requirement
require fingerprinting, and Accor is a Canadian company. So, for the fingerprinting that
was done back for one of the officers in 2020, the law enforcement agency that you
know certifies the fingerprinting is the Canadian Mounties, right? The certification that
was provided said it was authorized to do digital fingerprinting, however the
fingerprinting was actually regular ink fingerprinting. So, when that came back to Maui
County, Maui County said, "Eh, you gotta redo it." But the Mounties were like, "We
gave you a letter, that's what you're gonna get." So, we in an effort to kind of resolve
that with Maui County, unfortunately that did take some time on their end which we just
recently resolved. Throughout that process, Accor with these hotels, a big company,
they got people coming in and out, changing officers kind of frequently, but because we
had to do the license renewals both for Maui and for Big Island, we had to keep the
DCCA (Department of Commerce and Consumer Affairs) list the same, and guidance
from Maui County was to keep the existing people until they could figure out how to
resolve the fingerprinting certification. So, you know apologies that for the delay in the
formal notice of change in officers, but that's the explanation, and that's the information
that I have for you, so apologies to you folks for that. Right now, everything is up to
date, matches DCCA (Department of Commerce and Consumer Affairs), so that's why
there's so many different changes for the last few years.
Nishimoto: Thank you for that explanation, Commission, do you have any discussion
or questions?
There was no discussion by Commissioners.
Nishimoto: Could I have a motion to approve the change in officers and directors?
Taniguchi: So moved, Taniguchi.
Greenwell: Second, Greenwell.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 33 OF 42
/109:42 AM
Commissioner Taniguchi moved to approve the Change in
Officers/Directors as follows: Appointment of Benjamin Caldwell, as
Director and Chief Operating Officer (COO), United States, effective
August 31, 2021; Change in Title of Barbara Kilner, from Senior Vice
President, Secretary, Director, and General Counsel, North & Central
America, to Senior Vice President, Secretary, Director, and General
Counsel, Fairmont & Luxury North America; Appointment of Mark
Willis, as President; and Matthew Blackmore, as Director; effective
March 31, 2023; Appointment of Salaheddine Fouissi, as Treasurer,
effective April 30, 2023; Removal of Mark Willis, President; Change
in Title of Benjamin Caldwell, from Director and Chief Operating
Officer (COO), United States, to President, Director, and Chief
Operating Officer (COO), North & Central America; effective
December 31, 2023; Change in Title of Salaheddine Fouissi, from
Treasurer, to Treasurer and Director; and Barbara Kilner, from Senior
Vice President, Secretary, Director, and General Counsel, North &
Central America, to Senior Vice President, Secretary, and General
Counsel, Fairmont & Luxury North America; effective January 1,
2024; Personal History and Affidavits for Matthew Blackmore,
Director; Benjamin Caldwell, President, Director, and Chief Operating
Officer, (COO), North & Central America; Salaheddine Fouissi,
Treasurer and Director; and Barbara Kilner, Senior Vice President,
Secretary, and General Counsel, Fairmont & Luxury North America;
by forms received April 12, 2024; of its Hotel liquor license, located
at One North Kaniku Drive, Kohala Coast, Hawaii; Seconded by
Commissioner Greenwell.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Okay, let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 34 OF 42
/109:42 AM
4. Permits Issued for Ratification (10:48 AM)
a. Trevor La Torre, dba Trevor La Torre, ratification of Application for
Alcohol Purchase Permit, for 5 gallons of corn, cane, and grape organic
alcohol from Organic Alcohol Company, for industrial use, approved by
Director Gerald Takase on March 27, 2024, located at 73-4412 Huehue
Street, Kailua-Kona, Hawaii.
b. Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122,
ratification of Applications for Game Permits, for an event every Monday
in April 2024, approved by Director Gerald Takase on April 3, 2024; for an
event on April 18, 2024, approved by Director Gerald Takase on April 8,
2024; and for events on May 4, 6, 13, 20, and 27, 2024, approved by
Director Gerald Takase on April 22, 2024; of its Special General liquor
license, located at 74-5543 Kaiwi Street, Suite 3-A185a and
3-A185b, Kailua-Kona, Hawaii.
C. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks
of the United States of America, dba Kona Elks Club, ratification of
Application for Game Permit, for an event on April 10, 2024; approved
by Director Gerald Takase on April 5, 2024; of its Club liquor license,
Category B2, located at 75-170 Hualalai Road, Suite E-100, Kailua-Kona,
Hawaii.
d. Kona Beach Hotel Management, LLC, dba Courtyard by Marriott
King Kamehameha's Kona Beach Hotel, ratification of Application for
Alteration Permit, for renovations to pool and spa, approved by Director
Gerald Takase on April 5, 2024, of its Hotel liquor license, located at
75-5660 Palani Road, Kailua-Kona, Hawaii.
e. Volcano Vineyards, LLC, dba Volcano Winery, ratification of Application
for Entertainment Permit, for an event on April 14, 2024, approved by
Director Gerald Takase on April 8, 2024, of its Winery liquor license,
Category A, located at the Volcano Golf Course Subdivision, 35 Pi`i
Mauna Drive, Volcano, Hawaii.
Nishimoto: May I have a motion to ratify?
Taniguchi: So moved, Taniguchi.
Nishimoto: May I have a second?
Okabe: Okabe, second.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 35 OF 42
/109:42 AM
Commissioner Taniguchi moved to ratify Permits Issued
for Ratification, Item Nos. 4(a) through 4(e), as stated in
the agenda; Seconded by Commissioner Okabe.
Nishimoto: Any discussion on the motion?
Wilkinson: I just had a question, it is not for consumption but is it food grade? The
nature of use is solvent extraction for perfume.
Takase: I think it still is food grade but they're not buying it for consumption.
Wilkinson: Right, so if it's not food grade, is it something we would have to approve?
Takase: No, I think it is food grade.
Wilkinson: I mean if it wasn't.
Takase: If it wasn't, no they still come in, because I know the telescopes come in for
alcohol to clean their lenses, so I think you could convert from one to the other.
Wilkinson: Now, that would be distilling, right?
Takase: Well, yeah.
Nishimoto: Any other discussion?
There was no further discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed, "Nay."
There was no opposition by Commissioners.
Nishimoto: Alright, that all has passed.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 36 OF 42
/109:42 AM
5. Temporary Increase in Licensed Premises Issued for Ratification
(10: 50 AM) a. Honokaa Public House LLC, dba Honokaa Public House, ratification
of Application for Temporary Increase in Licensed Premises, for an event
on May 24, 2024, approved by Director Gerald Takase on March 25, 2024,
of its Restaurant General liquor license, Category B2, located at 45-3490
Mamane Street, Units G & F, Honoka`a, Hawaii.
b. Kawaihae Pizza, Inc., dba Cafe Pesto Hilo Bay, ratification of Application
for Temporary Increase in Licensed Premises, for an event on April 7, 2024)
approved by Director Gerald Takase on March 25, 2024, of its Restaurant
General liquor license, Category A, located at the S. Hata Building, 308
Kamehameha Avenue, Hilo, Hawaii.
C. Napua Hilo LLC, dba Lehua Restaurant at Imiloa, ratification of Application
for Temporary Increase in Licensed Premises, for an event on April 2, 2024)
approved by Director Gerald Takase on March 28, 2024, of its Restaurant
General liquor license, Category B2, located at 600 Imiloa Place, Hilo, Hawaii.
d. Krislada, LLC, dba Royal Thai Cafe, ratification of Application for Temporary
Increase in Licensed Premises, for an event on April 21, 2024, approved by
Director Gerald Takase on April 11, 2024, of its Restaurant General liquor
license, Category B1, located at the Keauhou Shopping Center, 78-6831
Ali`i Drive, Suite 402, Kailua-Kona, Hawaii.
e. KBXtreme, LLC, dba KBXtreme, ratification of Application for Temporary
Increase in Licensed Premises, to include parking lot for a concert on
May 4, 2024, approved by Administrative Officer Brandon Gonzalez on
April 19, 2024, of its Restaurant General liquor license, Category B2,
located at 75-5591 Palani Road, Kailua-Kona, Hawaii.
f. Kuleana Spirits, Inc., dba Kuleana Rum Shack, ratification of
Application for Temporary Increase in Licensed Premises, for an event on
April 20, 2024, approved by Administrative Officer Brandon Gonzalez on
April 17, 2024, of its Small Craft Producer Pub liquor license, Category B1,
located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive,
Spaces H5, H6 and H7, Waikoloa, Hawaii.
g. Waikoloa Shrimp Co WBR LLC, dba Waikoloa Shrimp Co., ratification
of Application for Temporary Increase in Licensed Premises, for events on
June 13, 27; July 11, 25; August 8, 22; September 12, 26; October 10, 24;
November 14, 28; and December 12, 26, 2024; approved by Director
Gerald Takase on April 23, 2024, of its Restaurant Beer & Wine liquor
license, Category A, located at the Queens' Marketplace, 69-201 Waikoloa
Beach Drive, Suite F-6, Waikoloa, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 37 OF 42
/109:42 AM
Nishimoto: May I have motion to ratify?
Taniguchi: So moved, Taniguchi.
Okabe: Okabe, second.
Commissioner Taniguchi moved to ratify Temporary
Increase in Licensed Premises Issued for Ratification,
Item Nos. 5(a) through 5(g), as stated in the agenda;
Seconded by Commissioner Okabe.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Okay, let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
6. Special Licenses Issued for Ratification (10:51 AM)
a. License No. SP-23-112, Hawaii Rangeland Stewardship Foundation,
dba Hawaii Rangeland Stewardship Foundation, for a Special General
liquor license, for an event on May 6, 2024, held at The Club at Hokuli'a,
81-6636 Pu'u Oahu Place, Kealakekua, Hawaii.
b. License No. SP-23-132, The Waiakea High School Foundation,
dba The Waiakea High School Foundation, for a Special General liquor
license, for an event on April 19, 2024, held at 1099 Waianuenue Avenue,
Hilo, Hawaii.
C. License No. SP-23-133, The Kahilu Theatre Foundation, dba
The Kah i l u Theatre Foundation, for a Special Beer and Wine liquor
license, for events on April 5, 6, 13, 14, 18, 28, 2024, held at 67-1186
Lindsey Road, Kamuela, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 38 OF 42
/109:42 AM
d. License No. SP-23-134, Aloha Performing Arts Company, dba
Aloha Theatre, for a Special Beer and Wine liquor license, for an event
on March 23, 2024, held at 79-7384 Mamalahoa Highway, Kealakekua,
Hawaii.
e. License No. SP-23-135, Hawaii Hotel Industry Foundation, dba
Hawaii Lodging & Tourism Association, for a Special General liquor
license, for an event on April 20, 2024, held at the Mauna Lani Golf
Course, 68-1050 Makaiwa Place, Waimea, Hawaii.
f. License No. SP-23-136, Kona Elks Club, dba Kona Elks Club,
for a Special General liquor license, for events from April 1 - 30, 2024,
held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawai`I.
g. License No. SP-23-137, Knights of Columbus Council No 13227 St.
Michael The Archangel, dba Knights of Columbus Council No 13227
St. Michael The Archangel, for a Special Beer and Wine liquor license,
for an event on April 20, 2024, held at 75-5769 Ali`i Drive, Kailua-Kona,
Hawaii.
h. License No. SP-23-138, Volcano Art Center, dba Volcano Art Center,
for a Special Beer and Wine liquor license, for an event on April 13, 2024,
held at 19-4074 Old Volcano Road, Volcano, Hawaii.
i. License No. SP-23-139, Hawaii Island Adult Care, Inc., dba Hawaii
Island Adult Care, Inc., for a Special General liquor license, for an event
on April 27, 2024, held at Sangha Hall, 424 Kilauea Avenue, Hilo, Hawaii.
j. License No. SP-23-140, Penn Hawaii Youth Foundation, dba Penn
Hawaii Youth Foundation, for a Special Beer liquor license, for an event
on April 20, 2024, held at 777 Kinoole Street, Hilo, Hawaii.
k. License No. SP-23-141, Kona Cacao Association Inc., dba Kona
Cacao Association Inc., for a Special General liquor license, for an event
on April 27, 2024, held at 69-275 Waikoloa Beach Drive, Waikoloa Beach,
Hawaii.
I. License No. SP-23-142, Kona Elks Club, dba Kona Elks Club, for a
Special General liquor license, for events from May 1 - 31, 2024, held
at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to ratify?
Okabe: So moved.
Taniguchi: Second, Taniguchi.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 39 OF 42
/109:42 AM
Commissioner Okabe moved to ratify Special Licenses Issued for
Ratification, Item Nos. 6(a) through 6(I), License No. SP-23-112 AND
License Nos. SP-23-132 through SP-23-142, as stated in the agenda;
Seconded by Commissioner Taniguchi.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
7. Transient Vessel Licenses Issued for Ratification (10:51 AM)
a. License No. TV-23-047, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Celebrity Solstice, for a Transient Vessel liquor
license, in port at Hilo Harbor, Hilo, Hawaii, on April 27-28, 2024.
b. License No. TV-23-048, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Celebrity Solstice, for a Transient Vessel liquor
license, in port at Kona Harbor, Kailua-Kona, Hawaii, on April 29-30,
2024.
C. License No. TV-23-049, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Quantum of the Seas, for a Transient Vessel liquor
license, in port at Kona Harbor, Kailua-Kona, Hawaii, on April 21-22,
2024.
d. License No. TV-23-050, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Ovation of the Seas, for a Transient Vessel liquor
license, in port at Kona Harbor, Kailua-Kona, Hawaii, on May 2-3, 2024.
e. License No. TV-23-051, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Brilliance of the Seas, for a Transient Vessel liquor
license, in port at Hilo Harbor, Hilo, Hawaii, on April 29, 2024.
f. License No. TV-23-052, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Celebrity Edge, for a Transient Vessel liquor license,
in port at Kona Harbor, Kailua-Kona, Hawaii, on May 5, 2024.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 40 OF 42
/109:42 AM
g. License No. TV-23-053, Intercruises as agents for Royal Caribbean
Cruise Lines, dba Celebrity Edge, for a Transient Vessel liquor license,
in port at Hilo Harbor, Hilo, Hawaii, on May 3-4, 2024.
Nishimoto: May I have a motion to ratify?
Okabe: Okabe, so moved.
Wilkinson: Wilkinson, second.
Commissioner Okabe moved to ratify Transient Vessel Licenses
Issued for Ratification, Item Nos. 7(a) through 7(g), License Nos.
TV-23-047 through TV-23-053, as stated in the agenda; Seconded
by Commissioner Wilkinson.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Let's take a vote, all those in favor say "Aye."
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Alright, that has been approved.
The motion was carried unanimously.
IX. Announcements (10:52 AM)
Meetings of the Liquor Commission
June 6, 2024, 10:00 A.M., Kona Meeting Room, Department of
Liquor Control, Hanama Place, 75-5706 Kuakini Highway, Suite 107,
Kailua-Kona, Hawaii.
July 3, 2024, 10:00 A.M., Hilo Meeting Room, Department of Liquor
Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, MAY 21 2024 - HILO PAGE 41 OF 42
Okabe: Just like on the V, because it's a Wednesday, you have to let the people
know, so how does that work?
Takase: We just have to agendize it and post it a day earlier.
Frenz: I'll have coverage for the June hearing, I won't be in town.
Nishimoto: Any other announcements?
11-11mil
1 11 q 11 p -
1111 11, 1 5114-11
Gilld Takasee
Director
The May Z 2024 meeting minutes were approved as circulated, via email on
May 31,, 2024,1 by the Liquor Commission of the County of Hawai'i on June 6. 2024.
MINUTES ® LIQUOR COMMISSION MEEI liwao_,J ® THURSDAY, MAY 2.,2024 - HILO PAGE 42 OF 42
V