Loading...
HomeMy WebLinkAbout2024-06-06 Liquor Commission Minutes KonaCOUNTY OF HAWAI`I DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MEETING MINUTES —JUNE6, 2024 HANAMA PLACE 75-5706 KUAKINI HIGHWAY SUITE 107 KAI LUA-KONA, HAWAI `I I. Call to Order The meeting was called to order by Chair Nishimoto at 10:00 A.M., in the Kona Meeting Room, Department of Liquor Control, Hanama Place, 75-5706 Kuakini Highway, Suite 107, Kailua-Kona, 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 Keyra Wong, 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. 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 Keyra Wong, Licensing Officer Stacie Waltjen, and Commission Secretary Hau`oli Sayles. II. Approval of Minutes— May 2, 2024 (10:01AM) Nishimoto: The May 2, 2024, meeting minutes were circulated via email on May 31, 2024. May I have a motion to approve meeting minutes as circulated? Okabe: So moved. Greenwell: Second, Greenwell. Commissioner Okabe moved to approve the May 2, 2024, Liquor Commission meeting minutes as circulated; Seconded by Commissioner Greenwell. Nishimoto: Thank you, is there any 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." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 2 OF 38 There was no opposition by Commissioners. Nishimoto: Motion has been approved. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda (10:01 AM) Nishimoto: There is no addendum and/or supplemental agenda. IV. Public Statements on Agenda Items (10:01 AM) Nishimoto: Any statements from members of the public at this time? There were no statements from members of the public. V. Public Hearings (10:02 AM) THE NEXT TWO ITEMS WERE TAKEN AT ONCE (10:02AM) AND 1. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 2. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-23 GNHI Associates LLC Grand Naniloa Hotel Hilo 93 Banyan Drive, Hilo, Hawaii 2-1-001:012; 2-1-005:013; 016; 017; 027; 032; 046 Original Hotel liquor license 23-24 GNHI Associates LLC The Sundries Store 93 Banyan Drive, Hilo, Hawaii 2-1-005: 016 Original Retail General liquor license Kenneth Hoo, Esq., Authorized Agent, was present. Nishimoto: Good morning. Hoo: Good morning, Madame Chair, and Commission Members, I am Kenneth Hoo, am the authorized agent for the applicant. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 3 OF 38 Nishimoto: Thank you. Could you please describe your business? Hoo: Sure, this is a takeover of the Grand Naniloa Hotel, it was taken over back in February, same operation, still operating as a hotel, they have the restaurant on the bottom floor. There is also a retail store which is a separate retail license, just continuing operations, everything stays the same. Nishimoto: Have you received the application reports? Hoo: Yes. Nishimoto: Are there any changes to the reports? Hoo: Other than the changes made at the preliminary hearing, none. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, the applicant mailed 45 out of 45 notices within 100 feet, 246 out of 246 notices within 500 feet. There were 155 properties entitled to protest, we received no protests to this application. I did receive one call from a Mr. Inouye at the Reeds Bay, and he didn't want to file a formal protest because I said I don't think they're going to do it, but he was just concerned that there would be no night club open at the golf course where there previously was. So, I told them I don't think they're currently able to do it. Hoo: We have no plans. Takase: But I said, I'll make a note of it so it's on the record. I said I'm pretty sure they don't have any intentions to. Hoo: Well, it is a hotel license, so we're allowed to sell up until 4:00 am, but we don't have any present plans to do so. Takase: In the hotel he's fine with it, it's across the street at the old golf course clubhouse property. But I said, it's kind of in disarray, they don't have a roof on it anymore, I don't think they're going to spend money to fix it up to do that. Hoo: Right? Nishimoto: They have that cosmic golf, yeah? Hoo: Cosmic golf driving range. Takase: Between the driving range and club house, there used to be a Hoo: I'm sorry, did you say Mr. Inouye from where? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 4 OF 38 Takase: Reeds Bay Hotel. Hoo: Reeds Bay Hotel, okay. Takase: So, he did protest the other license as well, but he was satisfied with their operation. Hoo: I'll inform the General Manager to reach out to Mr. Inouye. Takase: I think that was his only concern, but I told him I don't know but I don't think they're going to redevelop that area. Hoo: We won't put in a night club in the golf course or the driving range. Takase: The driving range operation is fine, we asked him about that. Nishimoto: Okay, are there any public testimony? There was no public testimony. Nishimoto: None at this time, Commission, any discussion or questions? Espejo: Got a question on the old Poly Room, in its day it was one of the happening places in Hilo, and it says it's closed indefinitely. Is there any plans at all to open that? Hoo: You know, I can't say for now, I mean it's a new owner and they took over in a very short period of time, so they need to make their plans as to what needs to be improved and fixed. So, I can't say for sure at this moment but I'll bring it up with the General Manager. Espejo: Thank you. Nishimoto: Any other questions, discussion? There was no discussion by Commissioners. Nishimoto: Okay, moving on. May I have a motion to close the public hearing? Greenwell: This is Greenwell, I'll make the motion to close public hearing for 23-23 and 23-24. Nishimoto: May I have a second? Espejo: Espejo, second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 5 OF 38 Commissioner Greenwell moved to close the public hearings for Application Nos. 23-23 and 23-24; Seconded by Commissioner Espejo. 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. Nishimoto: May I have a motion to approve or deny Application Nos. 23-23 and 23-24, pending final inspections? Taniguchi: So moved to approve. Greenwell: Greenwell, second. Commissioner Taniguchi moved to approve Application No. 23-23 and Application No. 23-24, GNHI Associates LLC, dba Grand Naniloa Hotel Hilo, dba The Sundries Store, for an Original Hotel and Retail General liquor licenses, located at 93 Banyan Drive, Hilo, Hawaii, TMK: 2-1-001:012; 2-1-005:013; 016; 017; 027; 032; 046, pending final inspections; Seconded by Commissioner Greenwell. 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: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Your motion has been passed for Application Nos. 23-23 and 23-24. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 6 OF 38 3. (10:07 AM) The motion was carried unanimously. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-25 Dizzle's Karaoke Lounge LLC Dizzle's Karaoke Lounge 74-5563 Kaiwi Street, Space No. 112, Kailua-Kona, Hawaii 7-4-010:005 Original Cabaret liquor license Edwina Yuen, and Edwina Young, Co -owners, were present. Nishimoto: Good morning, can you state your name and relationship to the business? Young: Good morning, Aloha. My name is Edwina Young, I am doing the administrative portion of Dizzle's. Yuen: Edwina Wong Yuen, owner. Nishimoto: Can you please describe the business? Young: Sure, it's a full -service restaurant with bar, we're open to all public, families. We'll be serving local foods, you know some of the common and some of it will be our own, similar the kalbi, teriyaki, and local moco. We got a little fusion foods that we want to present as well, and incorporate some other ethnic foods. You know, have a Filipino food day, and tacos day. Nishimoto: And this is the one where you will have karaoke during family hours and after for adults? Young: Yes. After 10:00 p.m. we will close the restaurant side, and we do reduced menu for the karaoke bar side, and it would be just be only 21 and over after that. Nishimoto: Alright, have you received the application report? Young: Yes. Nishimoto: Are there any changes to the report? Young: No. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, the applicant mailed 1 out of 1 notice within 100 feet, 25 out of 25 within 500 feet. There were 20 total properties entitled to protest, we received no protests to this application. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 7 OF 38 Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Commission, are there any discussion or questions? Taniguchi: Yes, I have a question. Where is it on Kaiwi Street? I'm looking at the picture, I cannot picture it. Young: It's where Cheers used to be, the last restaurant was Cheers, right there. Taniguchi: Oh okay. Nishimoto: The old Umeke's, yeah? Young: Yes, Umeke's too. Nishimoto: Any other discussion or questions? Wilkinson: Did you finalize your lease yet? Young: We're going to be doing that, yeah. They definitely wanted to see that we were getting through this process. Nishimoto: May I have a motion to close the public hearing? Okabe: Okabe, so moved to close public hearing. Nishimoto: May I have a second? Espejo: Espejo, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Espejo. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Alright, 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, JUNE 61 2024 - KONA PAGE 8 OF 38 Nishimoto: Public hearing has been closed. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. 23-25, pending final inspection? Taniguchi: So moved to approve. Nishimoto: May I have a second? Greenwell: Greenwell, second. Commissioner Taniguchi moved to approve Application No. 23-25, Dizzle's Karaoke Lounge LLC, dba Dizzle's Karaoke Lounge, for an Original Cabaret liquor license, located at 74-5563 Kaiwi Street, Space No. 112, Kailua-Kona, Hawaii, TMK: 7-4-010:005, pending final inspection; Seconded by Commissioner Greenwell. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Alright, 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: Application No. 23-25 has been approved pending final inspection. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 9 OF 38 4. APPLICATION NO.: APPLICANT: (10:12 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-27 Kona Crust, LLC Kona Crust Pizza Kona Coast Shopping Center, 74-5586 Palani Road, Suite 7, Kailua-Kona, Hawaii 7-4-015:001 Original Restaurant Beer and Wine liquor license, Category A Rennell Saro, Co-owner, was present. Nishimoto: Could you please state your name and relationship to the business. Saro: Good morning. My name is Rennell Saro, I'm the founder, operator of Kona Crust Pizza. Nishimoto: Thank you, can you describe your business? Saro: We sell New York -style pizza. Nishimoto: Have you received the application report? Saro: I have, yes. Nishimoto: Are there any changes to the report? Saro: There are none. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, the applicant mailed 2 out of 2 notices within 100 feet, 202 out of 203 within 500 feet, and one notice to a condominium or cooperative apartment owners. There were 104 total properties entitled to protest, we received no protests to this application. Nishimoto: Okay, thank you very much. Are there any public testimony? There was no public testimony. Nishimoto: Seeing that there are none. Commissioners, is there any discussion or questions? There was no discussion by Commissioners. Nishimoto: If none, may I have a motion to close the public hearing? Okabe: Okabe, so moved. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 10 OF 38 Nishimoto: May I have a second? Wilkinson: Wilkinson, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Wilkinson. 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: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The public hearing has been closed. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. 23-27, pending final inspection? Okabe: Okabe, so moved to approve. Nishimoto: May I have a second? Greenwell: Greenwell, second. Commissioner Okabe moved to approve Application No. 23-27, Kona Crust, LLC, dba Kona Crust Pizza, for an Original Restaurant Beer and Wine liquor license, Category A, located at the Kona Coast Shopping Center, 74-5586 Palani Road, Suite 7, Kailua-Kona, Hawaii, TMK: 7-4-015:001, pending final inspection; Seconded by Commissioner Greenwell. 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." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 11 OF 38 Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Application No. 23-27 has been approved pending final inspection. The motion was carried unanimously. 5. APPLICATION NO.: APPLICANT: (10: 14 AM) 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 Alberta `BX Estrada, Operations Manager, was present. Nishimoto: Good morning, please state your name and relationship to the business. Estrada: Good morning, my name is BJ Estrada, and I'm the Operations Retail Manager. Nishimoto: Could you please describe your business? Estrada: We're a local convenience store, and we sell hot and cold food. Nishimoto: Have you received the application report? Estrada: Yes. Nishimoto: Has there been any changes to the report? Estrada: No. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, this is a sale and transfer, notification was made by publication on May 12t", we received no protests to this application. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Seeing none, Commission, any discussion or questions? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 12 OF 38 Greenwell: Where did Minit Stop start their business and how did they get big, because I noticed they seem to get bigger and bigger and bigger? Estrada: It started in Maui. Greenwell: They started in Maui? Estrada: Yes, Mr. Hanes. Greenwell: Is it on Kauai and Oahu? Estrada: No, we're only on Maui and the Big Island. Nishimoto: Any other questions or discussion? Espejo: Is all your chicken cooked the same way? Estrada: Yes, it definitely is. Espejo: So, every one of your 40 stores have it? Estrada: We have 19. Greenwell: They going get 40. Espejo: Thank you. Nishimoto: Any other discussion, questions? There was no discussion by Commissioners. Nishimoto: May I have a motion to close the public hearing? Taniguchi: So moved. 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: Okay, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 13 OF 38 Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The public hearing has been closed. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. T23-29? Greenwell: This is Greenwell, I'll make the motion to approve Application No. T23-29. Nishimoto: May I have a second? Okabe: Okabe, second. Commissioner Greenwell moved to approve Application No. T23-299 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 final inspection completed on May 23, 2024; Seconded by Commissioner Okabe. 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: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Application No. T23-29 has been approved, and final inspection has been completed already on May 23rd The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 14 OF 38 6. APPLICATION NO.: APPLICANT: (10: 17 AM) 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 Carl Okuyama, Co-owner, was present. Nishimoto: Good morning. Please state your name and relationship to the business. Okuyama: Good morning. My name is Carl Okuyama, and I'm the President of Ohana Foods Inc. Nishimoto: Can you please describe your business? Okuyama: We're a local retailer, and we have a group of convenience stores and gas stations, and we operate in Hilo, Pahala, and Na`alehu. Nishimoto: Have you received the application report? Okuyama: Yes. Nishimoto: Are there any changes to the report? Okuyama: None. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, this is a sale and transfer, notification was made by publication on May 12t", 2024, we received no protests to this application. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Commission, any discussion or questions? There was no discussion by Commissioners. Nishimoto: Seeing there are none, may I have a motion to close the public hearing? Taniguchi: So moved. Nishimoto: May I have a second? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 15 OF 38 Espejo: Espejo, second. Commissioner Taniguchi moved to close the public hearing; Seconded by Commissioner Espejo. Nishimoto: Thank you, 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: 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. T23-32, pending final inspection? Okabe: Okabe, move to approve. Greenwell: Greenwell, second. Commissioner Okabe 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, pending final inspection; Seconded by Commissioner Greenwell. 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: All those opposed say "Nay." There was no opposition by Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 16 OF 38 Nishimoto: Application No. T23-32 has been approved, pending final inspection. The motion was carried unanimously. VI. Preliminary Hearings (10:20 AM) 1. (10:20 AM) APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-34 Original Thai Cuisine LLC Original Thai Cuisine Ilima Court, 75-5629 Kuakini Highway, Suite 175, Kailua-Kona, Hawaii 7-4-010:039 Original Restaurant Beer and Wine liquor license, Category A Saing Schueler, Owner, and Metsai Schueler, General Manager, were present. Nishimoto: Welcome, can you please state your name and your relationship to the business? Schueler (Saing): My name is Saing Schueler, I'm the owner. Schueler (Metsai): And I'm Metsai Schueler, I'm the GM (General Manager). Nishimoto: Could you please describe your business? Schueler (Metsai): We're adine-in and take-out restaurant that specializes in Thai cuisine. Nishimoto: Have you received the application report? Schueler (Metsai): Yes. Nishimoto: Are there any changes to the report? Schueler (Metsai): No. Nishimoto: Is there any public testimony? There was no public testimony. Nishimoto: Seeing there are none. Commission, any discussion or questions? There was no discussion by Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 17 OF 38 Nishimoto: Seeing there are none, may I have a motion to approve or deny Application No. 23-34? If approved, public hearing to be held August 1, 2024, in Kona. Okabe: Okabe, so moved to approve. Nishimoto: May I have a second? Wilkinson: Wilkinson, second. Commissioner Okabe moved to approve Application No. 23-34, Original Thai Cuisine LLC, dba Original Thai Cuisine, for an Original Restaurant Beer and Wine liquor license, Category A, located at the (lima Court, 75-5629 Kuakini Highway, Suite 175, Kailua-Kona, Hawaii, TMK: 7-4-010:039, with public hearing to be held on August 1, 2024, in Kona, 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." There was no opposition by Commissioners. Nishimoto: Application No 23-34 has been approved. The motion was carried unanimously. 2. APPLICATION NO.: APPLICANT: (10:22 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 23-35 Happiness Kona LLC Happiness Kona Kailua Bay Inn, 75-5699 Ali`i Drive, Unit 201, Kailua-Kona, Hawaii 7-5-006:010 Original Restaurant General liquor license, Category B2 Chaitan Ward, and Dylan Ward, Co -owners, were present. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 18 OF 38 Nishimoto: Good morning. Could you please state your name and relationship to the business? Ward (Dylan): Good morning. My name is Dylan Ward, Co-owner. Ward (Chaitan): Good morning. Chaitan Ward, Co-owner. Nishimoto: Can you please describe your business? Ward (Dylan): Yes, we're a family -friendly restaurant on Ali`i Drive. We'll be serving breakfast, lunch, and dinner, and running live entertainment in the evenings. Nishimoto: Have you received the application report? Ward (Dylan): Yes. Nishimoto: Are there any changes to the report? Ward (Dylan): No. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Seeing none, Commission, any discussion or questions? Espejo: I got a question, I didn't hear what kind of food you were going to sell? Ward (Dylan): It'll be Americana food mostly, just your basic fish n chips, hamburgers, sandwiches, and doing breakfast as well. Espejo: Thank you. Nishimoto: Any other discussion or questions? Taniguchi: This is upstairs? Ward (Dylan): It is. Wilkinson: It's the old Gertrude's. Nishimoto: Any other questions, discussion? There was no discussion by Commissioners. Nishimoto: If not, may I have a motion to approve or deny Application No. 23-35? If approved, public hearing to be held on August 1, 2024, in Kona. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 19 OF 38 Okabe: Okabe, so moved to approve. Wilkinson: Wilkinson, second. Commissioner Okabe moved to approve Application No. 23-35, Happiness Kona LLC, dba Happiness Kona, for an Original Restaurant General liquor license, Category B2, located at the Kailua Bay Inn, 75-5699 Ali`i Drive, Unit 201, Kailua-Kona, Hawaii, TMK: 7-5-006:010, with public hearing to be held on August 1, 2024, in Kona, Hawaii; Seconded by Commissioner Wilkinson. 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: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Application No. 23-35 has been approved with public hearing to be held August 1, 2024, in Kona. The motion was carried unanimously. VII. Unfinished Business (10:25 AM) Nishimoto: There is no Unfinished Business. VIII. New Business (10:25AM) 1. Request to Extend the Time Issuance Submitted for Approval (10:25 AM) a. South Kona Stills LLC, dba South Kona Stills LLC, RE: Application No. 22-27, approval of request to extend the time issuance of the liquor license for good cause shown for an additional 12 months, from June 1, 2024) to and including June 1, 2025, by letter received May 24, 2024, of its Small Craft Producer Pub liquor license, Category A, located at 82-6061 Captain Cook Village Road, Captain Cook, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 20 OF 38 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 a motion to approve, and the good cause is based on this letter of May 24, 2024, that's in front of us from Mr. Tepper, has not had progressive communication with the Building Department. This here is I guess a follow-up, some of you might remember that Gerald was sort of taken to the task when one of the neighbors couldn't get her way and accused him of rubber stamping, and she went to the media and tried to plead her case with the media? It's kind of disappointing that maybe the Planning Department or the Building Department is not here to give their side of the story, because we're giving an extension on basically one side of the story, which is a continuing saga. So, that's why I'm basing my good cause on this letter only, this letter, that's what we're giving the extension for. Nishimoto: Thank you, may I have a second? Taniguchi: I second. 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 1, 2024, to and including June 1, 20259 by letter received May 24, 2024, of its Small Craft Producer Pub liquor license, Category A, located at 82-6061 Captain Cook Village Road, Captain Cook, Hawaii; Seconded by Commissioner Taniguchi. Nishimoto: Any discussion of the motion? Takase: If you read the letter that Mr. Tepper provided, he's actually provided a very thorough explanation of what's going on, and I'll say this is pretty common for all of our applicants. It's frustrating for them, they don't want to have to go through this, but other departments just have different priorities, and a lot of times getting your liquor license is not their priority. Mr. Greenwell suggested that we call these Departments to task so I'll look into it, but I don't know that they're going to be happy to answer questions about their inefficiencies. Taniguchi: It might delay things more. Takase: And then now they're mad at us. But I mean that's something I think the Administration should take care of and not have the Departments fighting with each other. Espejo: It does seem like he's comes up with all these roadblocks at every turn. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 21 OF 38 Takase: And that's kind of the reports we get from most of our people applying for it, it's just like you guys were so fast, and now we're just like stuck in it. And we kind of warn them of what's going to happen, but as much as possible we try to get rid of the red tape. We've kind of gotten away from having to do a full inspection by Building, if they provide us with the Certificate of Occupancy, is which is what they need to get the building approved, we will accept that and not make them turn around and go back through the process again. We can't just ignore all the requirements, so we're kind of stuck, but I will raise it with those Department heads. I'm sure they have that complaint not only from our liquor applicants, but I think the public in general is up and arms about it. Greenwell: Ms. Chair, as pro -business as Gerald is, and looking at these people that are trying to start businesses, I don't want to get to the point where we are rubber- stamping all the extensions, and giving extensions out to everybody that comes with some justified reason on their behalf. We haven't heard from the other side, but yet we give extensions on their behalf and not the other side. So, I don't want to be considered just giving them a one-year extension just for the asking. Nishimoto: So, it has been an issue more common than not, and in recognizing it, if we go to speak to Department heads to see what might be going on, maybe they might have some defense, I'm not sure. You know, maybe there is something else like you said, that we're not able to hear as well. So I think that would be like the first step in trying to resolve the issue of the extensions that have been requested. And we have been approving based on, like you know Mr. Tepper's letter, has shown like dates and requests after requests, and it's almost like a runaround of things that he needed to do, which is unfortunate, and we are pro -business. So, in trying to work with everyone, think our next step would be like Director Takase said, to talk with them to see what might be the issue, because it is something that we are facing, and we would like to resolve or bring some resolution to. So, I think that would be our next steps, and they are good next steps because we would like to work amicably within all the Departments, as well as all our applicants. Okay, any other discussion? Okabe: I think maybe we should contact the Deputy Managing Director, and then you set up a meeting with the various groups to see, I think the best way to do it is to see how we can better communicate the situation that we have. So, the meeting is not to point fingers at one specific Department, but as we move forward, how could we make the process better so that we don't have this kind of complaints? So, if you use it in that context, I think it might be more acceptable by the Departments in regards to your statement that they don't want to be blamed with certain things. We just want to be proactive so that moving forward, because we can see a pattern that they have delays and things like that with the liquor applications. Nishimoto: It's a little bit difficult because it's obvious the reasons why we are being asked to extend is solely towards that Department, but there might be others. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 22 OF 38 Okabe: If you point it out as to how we can brainstorm it so that we can be more positive to move forward, I think it might be more palatable for acceptance in the administration side. Taniguchi: But, I think in this particular case though, it's more a management thing, because on top of all this delays, then you got this person that was telling them what to do, they saying that was wrong, that's not correct. What if it was you? You'd go crazy, it's ridiculous. You know, but I think to what Mr. Greenwell said, in a perfect world it makes perfect sense, you get two sides. These guys are trying to open a business, why would they not want to hurry up? You know, they want to open, and he's pointing out, and this one here is very well laid out, but when I read the last part, I couldn't believe it. You know, it's just something that if it was me, I'm the Department head and I see this, I'm going to say, "Hey wait a minute, come back in here, let's put this on the top of the pile, we not treating this guy properly." But that's in the real world, outside in regular business, not government, so it's a lot different. But I think this one here was really something that it's not pointing finger, it is their fault but we cannot go and tell them that, you know. So, it's really a tough one for these guys, but they want to open, these guys like open their business. Takase: You as the Commission need to recognize, that's their primary focus, they're paying money to keep their leases going and stuff. Taniguchi: Yes, or borrowing money, right? Paying interest. Takase: Yes, and every month they cannot open it's just money lost to them. Taniguchi: Exactly. Takase: I don't think they're trying to delay it. Nishimoto: Right, but definitely they're pointing out an issue that needs to be resolved or looked at, yes. Okabe: When you look at it, it's a systemic issue not only on businesses, but could be on permits to just try to get a home, right? So, you talking about the loan, you talking about the property taxes, you know all these things are all intertwined but I guess the communication has to improve, that's all. Nishimoto: Thank you very much, 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." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 23 OF 38 There was no opposition by Commissioners. Nishimoto: So, we have approved the 12-month extension with some action items. The motion was carried unanimously. 2. Change in Managers/Members/Officers/Directors Submitted for Approval (10:36 AM) a. Seven -Eleven Hawaii, Inc., dba 7-Eleven Stores (Kaumana) #54136, dba 7-Eleven Stores (Kawili) #54258, dba 7-Eleven Stores (Keaau) #54284, dba 7-Eleven Stores (Kilauea) #54138, dba 7-Eleven Stores (Kinoole) #54222, dba 7-Eleven Stores (Kurtistown) #54277, dba 7-Eleven Stores (Pahoa) #54209, approval of Change in Officers/Directors as follows: • Removal of Shuji Karaki, and Shinju Abe, Directors; • Appointment of Terutaka Kuretani, Yusuke Kato, and Yoshihiro Hatsuno, as Directors; • Change in Title of Masae Ebert, from CFO (Chief Financial Officer), and Primary Decision -Maker, to Treasurer, CFO (Chief Financial Officer), and Primary Decision -Maker; effective March 14, 2024) by form received May 6, 2024; of its Retail General liquor licenses, for all Hawaii Island store locations. Nishimoto: May I have a motion to approve? Taniguchi: So moved. Greenwell: Second, Greenwell. Commissioner Taniguchi moved to approve the Change in Officers/Directors as follows: Removal of Shuji Karaki, and Shinju Abe, Directors; Appointment of Terutaka Kuretani, Yusuke Kato, and Yoshihiro Hatsuno, as Directors; Change in Title of Masae Ebert, from CFO (Chief Financial Officer), and Primary Decision -Maker, to Treasurer, CFO (Chief Financial Officer), and Primary Decision -Maker; effective March 14, 2024, by form received May 6, 2024; of its Retail General liquor licenses, for all Hawaii Island store locations; 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." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 24 OF 38 The Commissioners voted "Aye." Nishimoto: All those opposed? There was no opposition by Commissioners. Nishimoto: It has been passed. The motion was carried unanimously. b. TTG LLC, dba Sunset Terrace, approval of Change in Members, and Application for Transfer of Membership Interest as follows: (10:37 AM) • Removal of Jonathan Alford, as Member; • 50% Transfer of Membership Interest from Jonathan Alford to Michael Berardinelli; effective January 3, 2024) by forms received May 16, 2024; of its Temporary Restaurant General liquor license, Category B2, located at the Kona Coast Resort, Recreation Building, Portion of Building 22A, 78-6842 Ali`i Drive, Kailua-Kona, Hawaii. Nishimoto: Any motion to approve? Okabe: Okabe, so moved to approve. Yadao: Yadao, second. Commissioner Okabe moved to approve the Change in Members, and Application for Transfer of Membership Interest as follows: Removal of Jonathan Alford, as Member; 50% Transfer of Membership Interest from Jonathan Alford to Michael Berardinelli; effective January 3, 2024, by forms received May 16, 2024; of its Temporary Restaurant General liquor license, Category B2, located at the Kona Coast Resort, Recreation Building, Portion of Building 22A, 78-6842 AIN Drive, Kailua-Kona, Hawaii; Seconded by Commissioner Yadao. Nishimoto: Any discussion of the motion? Wilkinson: Does it matter that it's not signed? Takase: We may have taken this one in by electronic, so. Waltjen: Yes, it was electronic. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 25 OF 38 Wilkinson: So, we just can't see it on our duplicate copy? Takase: But the application was electronically signed, so. Wilkinson: Okay, so our duplicated copy doesn't show it but it's actually signed? Takase: Yes, actually it doesn't look like it was signed. I think this one was actually signed electronically. Wilkinson: Okay, so it was signed, we just can't see it on our xerox copies? I can barely see it on Gerald's copy. Nishimoto: Assuming it was signed in good faith, may we take a vote? All in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: That change has been approved. The motion was carried unanimously. C. Par Hawaii, LLC, dba Hele Stores (Kaloko), dba Hele Stores (Kamehameha), dba Hele Stores (Kealakekua), dba Hele Stores (10:40 AM) (Kilauea), dba Hele Stores (Kaumana), dba Hele Stores (Honoka'a), approval of Change in Managers and Designation of Primary Decision - Makers as follows: • Removal of Yosef Israel, and Jimmy Yates, Managers; • Appointment of Richard Creamer, and Danielle Mattiussi, as Managers; • Appointment of Eric Wright, as Manager and Primary Decision -Maker; • Appointment of John Peyton V, as Vice President of Hawaii Retail, and Primary Decision -Maker; effective May 28, 2024, by form received May 28, 2024; of its Retail General and Retail Beer and Wine liquor licenses, for all Hawaii Island store locations. Nishimoto: May I have a motion to approve? Okabe: Okabe, motion to approve. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 26 OF 38 Nishimoto: May I have a second? Wilkinson: Wilkinson, second. Commissioner Okabe moved to approve the Change in Managers and Designation of Primary Decision -Makers as follows: Removal of Yosef Israel, and Jimmy Yates, Managers; Appointment of Richard Creamer, and Danielle Mattiussi, as Managers; Appointment of Eric Wright, as Manager and Primary Decision -Maker; Appointment of John Peyton V, as Vice President of Hawaii Retail and Primary Decision -Maker; effective May 28, 2024, by form received May 28, 2024; of its Retail General and Retail Beer and Wine liquor licenses, for all Hawaii Island store locations; Seconded by Commissioner Wilkinson. 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: All those opposed, "Nay." There was no opposition by Commissioners. Nishimoto: Alright, so that has been approved. The motion was carried unanimously. d. Regal Cinemas, Inc., dba Regal Keauhou Stadium 7, dba Regal Prince Kuhio 9, approval of Change in Officers/Directors as follows: (10:41 AM) • Removal of Herbert Sanger, Secretary; and Tal Soudry, Treasurer and Chief Financial Officer (CFO); • Change in Title of John Curry, from Vice President and Director, to Vice President, Treasurer, and Director; effective April 30, 2024, by form received May 30, 2024; of its Dispenser Beer and Wine liquor licenses, Category B1, for both Hawaii Island locations. Nishimoto: May I have a motion to approve? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 27 OF 38 Taniguchi: So moved. Greenwell: Greenwell, second. Commissioner Taniguchi moved to approve the Change in Officers/ Directors as follows: Removal of Herbert Sanger, Secretary; and Tal Soudry, Treasurer and Chief Financial Officer (CFO); Change in Title of John Curry, from Vice President and Director, to Vice President, Treasurer, and Director; effective April 30, 2024, by form received May 30, 2024; of its Dispenser Beer and Wine liquor licenses, Category B1, for both Hawaii Island locations; Seconded by Commissioner Greenwell. 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: All those opposed, "Nay." There was no opposition by Commissioners. Nishimoto: The change has been approved. The motion was carried unanimously. 3. Permits Issued for Ratification (10:41 AM) (10:41 AM) a. Honoka`a Brothers, LLC, dba Napua at the Mauna Lani Beach Club, ratification of Application for Alteration Permit, for renovations to restaurant and bar, approved by Director Gerald Takase on May 20, 2024, of its Restaurant General liquor license, Category B2, located at the Mauna Lani Resort, 68-1292 South Kaniku Drive, South Kohala, Hawaii. b. Convenience Plus LLC, dba Convenience Plus, ratification of request to transfer liquor inventory to MS Hamakua, LLC, dba Minit Stop (Hamakua), approved by Director Gerald Takase on May 20, 2024, of its Retail Beer and Wine liquor license, located at 45-3244 Mamalahoa Highway, Honoka`a, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 28 OF 38 C. Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, ratification of Application for Alteration Permit, for renovations to the Main Tower Levels 5-8, approved by Director Gerald Takase on May 20, 2024, of its Hotel liquor license, located at 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii. d. Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122, ratification of Application for Game Permit, for an event on May 16, 2024, approved by Director Gerald Takase on April 29, 2024, of its Special General liquor license, located at 74-5543 Kaiwi Street, Suite 3-A185a and 3-A185b, Kailua-Kona, Hawaii. e. Mauna Kea Resort LLC, dba The Westin Hapuna Beach Resort, ratification of Application for Game Permit, for an event on May 8, 2024, approved by Director Gerald Takase on May 3, 2024, of its Hotel liquor license, located at 62-100 Kauna`oa Drive, Kamuela, Hawaii. f. Big Island Alehouse, LLC, dba Humpy's Big Island Alehouse, ratification of Application for Alteration Permit, to add weather protection to downstairs lanai seating, approved by Director Gerald Takase on May 20, 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 ratify? Taniguchi: Move to ratify all. Nishimoto: May I have a second? Okabe: Okabe, second. Commissioner Taniguchi moved to ratify Permits Issued for Ratification, Item Nos. 3(a) through 3(f), as stated in the agenda; Seconded by Commissioner Okabe. 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: All those opposed say "Nay." There was no opposition by Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 29 OF 38 Nishimoto: Item Nos. 3(a) through 3(f) has been ratified. The motion was carried unanimously. 4. Temporary Increase in Licensed Premises Issued for Ratification (10:43 AM) a. The Kona Coffee & Tea Company, Inc., dba Kona Coffee & Tea Company, ratification of Application for Temporary Increase in Licensed Premises, for an event on May 3, 2024, approved by Director Gerald Takase on April 29, 2024, of its Restaurant Beer and Wine liquor license, Category B2, located at the Kona Coast Shopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii. b. Napua Hilo LLC, dba Lehua Restaurant at Imiloa, ratification of Application for Temporary Increase in Licensed Premises, for events on April 26 - 27, 2024, approved by Administrative Officer Brandon Gonzalez on April 25, 2024, of its Restaurant General liquor license, Category B2, located at 600 Imiloa Place, Hilo, Hawaii. C. Nani Mau Glory Management, LLC, dba Nani Mau Gardens, ratification of Application for Temporary Increase in Licensed Premises, for an event on May 18, 2024, approved by Director Gerald Takase on May 15, 2024, of its Restaurant General liquor license, Category B2, located at 421 Makalika Street, Hilo, Hawaii. Nishimoto: May I have a motion to ratify? Okabe: Okabe, move to ratify. Nishimoto: May I have a second? Greenwell: Greenwell, second. Commissioner Okabe moved to ratify Temporary Increase in Licensed Premises Issued for Ratification, Item Nos. 4(a) and 4(c), as stated in the agenda; Seconded by Commissioner Greenwell. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 30 OF 38 The Commissioners voted "Aye." Nishimoto: All those opposed, "Nay." There was no opposition by Commissioners. Nishimoto: Alright, Item Nos. 4(a) through 4(c) has been ratified. The motion was carried unanimously. 5. Special Licenses Issued for Ratification (10:44 AM) a. License No. SP-23-143, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, for an event on May 11, 2024, held at 19-4074 Old Volcano Road, Volcano, Hawaii. b. License No. SP-23-144, The Kahilu Theatre Foundation, dba The Kah i l u Theatre Foundation, for a Special Beer and Wine liquor license, for events on May 3, 5, 11, 12, 16, 17, 18, 24, 25, 26, 31, 2024, held at 67-1186 Lindsey Road, Kamuela, Hawaii. C. License No. SP-23-145, Rotary Club of South Hilo Foundation, dba Rotary Club of South Hilo Foundation, for a Special Beer liquor license, for an event on May 5, 2024, held at the Nani Mau Gardens, 421 Makalika Street, Hilo, Hawaii. d. License No. SP-23-146, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, for an event on May 12, 2024, held at 19-4074 Old Volcano Road, Volcano, Hawaii. e. License No. SP-23-147, Penn Hawaii Youth Foundation, dba Penn Hawaii Youth Foundation, for a Special Beer liquor license, for an event on May 18, 2024, held at 777 Kinoole Street, Hilo, Hawaii. f. License No. SP-23-148, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license, for an event on May 17-19, 24-26, 31; June 1-2, 2024, held at 79-7384 Mamalahoa Highway, Kealakekua, Hawaii. g. License No. SP-23-149, Kona Elks Club, dba Kona Elks Club, for a Special General liquor license, for events from June 1 - 30, 2024, held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawai`I. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 31 OF 38 h. License No. SP-23-150, The Kahilu Theatre Foundation, dba The Kah i l u Theatre Foundation, for a Special Beer and Wine liquor license, for events on June 2, 87 22, 23, 30, 2024, held at 67-1186 Lindsey Road, Kamuela, Hawaii. i. License No. SP-23-151, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 24, 2024, held at 38 Haili Street, Hilo, Hawaii. Nishimoto: May I have a motion to ratify? Taniguchi: So moved to ratify all. Nishimoto: May I have a second? Wilkinson: Wilkinson, second. Commissioner Taniguchi moved to ratify Special Licenses Issued for Ratification, Item Nos. 5(a), through 5(i), License Nos. SP-23-143 through SP-23-151, as stated in the agenda; Seconded by Commissioner Wilkinson. 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: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The special licenses has been ratified. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 32 OF 38 6. Acceptance of Report of Gross Revenues of Food and Beverage Sales for Class 2 Restaurant Licensees showing food sales are at least 30% (10:45 AM) of total gross revenues for the period July 1, 2023 through March 31, 2024, pursuant to Rule 3-1-C and 4-7-A-5 of the Rules and Regulations of the Liquor Commission of the County of Hawaii: A-Bay's Cantina LLC, A-BAY'S ISLAND GRILL; Aloha Vibes Bar & Grill LLC, ALOHA VIBES BAR & GRILL; Anthony's Catering Inc., ANTHONY'S CATERING; The Kalama Beach Corporation, ANYTIME BAR; Ohana Lea, Incorporated, BAMBOO RESTAURANT & GALLERY; Yummy Pineapple Beer Co. LLC, BIANELLIS PIZZA; Big Island Fireart Inc., BIG ISLAND FIREART; Big Island Grill Inc., BIG ISLAND GRILL INC.; Big Island Pizza Inc., BIG ISLAND PIZZA; Big Island Tokyo Table, Inc., BIG ISLAND TOKYO TABLE; Big Kahuna Beach Grill LLC, BIG KAHUNA BEACH GRILL; Maluhia Nahele Enterprises, LLC, BLACK ROCK CAFE; Black Rock Pizza, LLC, BLACK ROCK PIZZA; Cafe it Mondo, LLC, CAFE L MON DO; Kawaihae Pizza, Inc., CAFE PESTO HILO BAY; Charley's Thai Cuisine Inc., CHARLEY'S THAI CUISINE (WAIKOLOA); Tiki Guys LLC, CHEEKY TIKI; Cipriano's Kitchen Kawaiahe LLC, CIPRIANO'S KITCHEN KAWAIHAE; The Club at Hokuli`a, Inc., CLUB AT HOKULI`A (THE); Coco Cantina Puna Kai LLC, COCO CANTINA; Coco Cantina Hilo LLC, COCO CANTINA HILO; Paradise Hospitality Group, Inc., COCONUT GRILL; Layne T. Oki, Inc., CRONIES; Foods O' Hawaii Delivery Corp., DA TASTE KONA; Wishard Enterprises, LLC, DOM DE LUCA'S RESTAURANT; DCH, Inc., DON'S GRILL; MCM Group LLC, FAIRWAY GRILL; Fishhopper LLC, FISHHOPPER (THE); FORC LLC, FORC; MF Waikoloa LLC, FOSTER'S KITCHEN WAIKOLOA; Fumi's Kitchen, LLC, FUMI'S KITCHEN; Hana Hou Restaurant, Inc., HANA HOU RESTAURANT; Harbor House Kona, LLC, HARBOR HOUSE; Hawaii High Country Lounge, LLC, HAWAII HIGH COUNTRY LOUNGE; HSC Hilo LLC, HAWAIIAN STYLE CAFE - HILO; JDForsberg, LLC, RICO HAWAIIAN COFFEE; Hilo Trading Co., Ltd., HILO BAY CAFE; Hilo Burger Joint LLP, HILO BURGER JOINT; Hilo Pizza, LLC, HILO PIZZA CO.; Bella Pacific Properties LLC, HILO TOWN TAVERN; DJL Holualoa LLC, HOLUALOA FARM KITCHEN; Lam Yim Sin Corporation, HONG KONG CHOP SUEY; Honokaa Public House LLC, HONOKAA PUBLIC HOUSE; Olu Kai, Ltd., HUGGO'S; Big Island Alehouse, LLC, HUMPY'S BIG ISLAND ALEHOUSE; Aiona Foods, LLC, IPPY'S HAWAIIAN BBQ; Island Hopper Pahoa LLC, ISLAND HOPPER TAPROOM; Maruhiro, Inc., IZAKAYA SHIONO; Big Island Restaurant Group, LLC, JACKIE REY'S O'HANA GRILL KONA; JROG, LLC, JACKIE REY'S OHANA GRILL HILO; Grand 88, LLC, JADE PALACE CHIN ESE RESTAURANT; O&J LLC, JOHNNY'S AT WAIKOLOA VILLAGE; Kai Kona Eats, LLC, KAI EATS+DRINKS; Pahoa Productions LLC, KALEO'S BAR AND GRILL; Pahoa Productions LLC, KALEO'S ORCHIDLAND; Pashmina's & Gift Inc., KAMANA INDIAN CUISINE #2 (HILO); KBXtreme, LLC, KBXTREME; Kona Stop `N Shop, Inc., KEEI CAFE; Transcontinental Development (Hawaii) Co., KINGS' COURSE AT WAIKOLOA BEACH GOLF CLUB (THE); Wind & Sea Restaurants, Inc., KONA CANOE CLUB; The Kona Coffee & Tea Company, Inc., KONA COFFEE & TEA COMPANY; Wind & Sea Restaurants, Inc., KONA INN RESTAURANT; A-Bay's Cantina LLC, KONA PASTA CO.; Hawaiian Islands Trading Company LLC, MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 33 OF 38 KONA SALT FARM; Kona Taeng-On Thai Food, KONA TAENG-ON THAI FOOD; ANAHKAHNA, Inc., KORNER POCKET BAR & GRILL (THE); Krua Thai LLC, KRUA THAI CUISINE; Lava Lava, LLC, LAVA LAVA BEACH CLUB; Napua Hilo LLC, LEH UA RESTAURANT AT I M I LOA; Los Habaneros, Inc., LOS HABANEROS; Luquin's Mexican Restaurant, Inc., LUQUIN'S 454; Luquin's Mexican Restaurant, Inc., LUQUIN'S CANTINA; Ulu Development LLC, MAGICS BEACH GRILL; A-Bay's Cantina LLC, MAUKA BAR AND GRILL; Contemporary Restaurant Corporation, MERRIMAN'S; Louis Pauole at Miyos Restaurant LLC, M IYO'S RESTAURANT; Moa Kitchen LLC, MOA KITCHEN RESTAURANT; Mo's Fish and Chips LLC, MOHALA'S BAY FRONT FISH AND CHIPS; Hilo Sunrise LLC, MOMS H I LO; Honoka`a Brothers, LLC, NAPUA AT THE MAU NA LAN BEACH CLUB; Limberg Inc., OCEANS SPORTS BAR AND GRILL; Foods O' Hawaii Delivery Corp., OHANA Q KONA; `Ohelo Caf6 LLC, `OHELO CAFE; Kailua-Kona Restaurants, Inc., PANCHO AND LEFTY'S CANTINA & RESTAURANTE; Papa Kona Coffee & Events, LLC, PAPA KONA COFFEE & EVENTS (RESTAURANT); Pau Restaurant & Catering, LLC, PAU PIZZA; Kim Anh 88, Inc., PHO KIM AN (WAIMEA); Pineapples Island Fresh Cuisine, LLC, PINEAPPLES RESTAURANT; Ponds Hilo, Inc., PONDS H I LO; Pueo's Osteria, LLC, PUEO'S OSTERIA; Puna Chocolate Company, PUNA CHOCOLATE COMPANY; JTJ Enterprises, Inc., QUINN'S; Rebel Kitchen LLC, REBEL KITCHEN; Hawaii Gourmet Society LLC, RED WATER CAFE (THE); Reuben's Mexican Restaurant I, LLC, REUBEN'S MEXICAN RESTAURANT; Rock N Crab Cajun Restaurant Inc., ROCK N CRAB CAJUN RESTAURANT; RMG Waikoloa, LLC, ROMANO'S MACARONI GRILL; RY-5, Inc., ROY'S WAIKOLOA BAR & GRILL; Krislada, LLC, ROYAL THAI CAFE; The Seaside, Inc., SEASIDE RESTAURANT (THE); Chie Mizukami, SEIJI'S SUSHI; Sodexo America, LLC, SODEXO AMERICA, LLC; Volume Services, Inc., SODEXO LIVE! - HILO; Tiki Guys LLC, SPINNERS KAILUA CANTINA; Kona Daze, LLC, SUNSET KAI LANAI; Moa Kitchen LLC, SUSHI HANA; Sam's Sushi Inc., SUSHI SAM; Taka Sushi Inc., TAKA SUSHI; Maurice Thomas, THAI THAI BISTRO & BAR; Hatch Enterprises Incorporated, THE TEMPLE; Big Island Booch Inc., THE BOOCH BAR; Tommy Bahama Beverages, LLC, TOMMY BAHAMA'S TROPICAL CAFE; Umekes, LLC, UMEKE'S FISH MARKET BAR & GRILL; Vibe Cafe L.L.C., VIBE CAFE; Waikoloa Shrimp Co WBR LLC, WAIKOLOA SHRIMP CO.; Waikoloa Village Association, WAIKOLOA VILLAGE GOLF COURSE; Waimea Butcher Shop, LLC, WAIMEA BUTCHER SHOP; MamaMaria L.L.C., WAIMEA COFFEE COMPANY; AJ & Sons Catering, LLC, WHITE GUAVA CAFE; Big Hitter Enterprises, LLC, WILLIE'S HOT CHICKEN. Nishimoto: May I have a motion to accept? Okabe: Okabe, move to accept. Nishimoto: May I have a second? Taniguchi: Second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 34 OF 38 Commissioner Okabe moved to accept Report of Gross Revenues of Food and Beverage Sales for Class 2 Restaurant Licensees showing food sales are at least 30% of total gross revenues for the period July 1, 2023 through March 31, 2024, as stated in the agenda; Seconded by Commissioner Taniguchi. Nishimoto: Any discussion of the motion? Greenwell: Gerald, these people who have filed this, do we have to chase them, or are they pretty on it? Takase: They're pretty good about it, I'll say there's always a few that we got to chase down. Greenwell: Because looking at these percentages, some of them seem a little bit high for having a liquor license. You take the ones in the 90%, 1 would have thought that they would be selling more liquor than that. Is it worth keeping their license if only 10% of their business is liquor? Takase: Well, it's a decision up to them. Well think of it this way, it's 10% more money they're making, so you know, in the whole scheme of things, I don't think it makes a whole lot of difference. If they want to have a liquor license, that's what they're up against, but having a restaurant license gives them a little more flexibility in how they're going to deal it, there's other things they can cater. Wilkinson: At least this is for a time period but they may not have been open for that entire time. Like I remember Bianellis just changed owners, so if they've only been in operation for three months even though this is a 12-month period, we're only going to get those three months, right? Takase: Yes, but I think this is still their numbers, but a lot of them are restaurants so they don't have heavy sales, they may have sales for dinner, but they don't have people hanging out and drinking, a lot of restaurants you'll see that. Wilkinson: So that is the question, if it is a sale and transfer, if the ownership changes during that 12-month period, do we get the sales from the prior owner? Takase: Yes, so we just ask for the sales, so if it's a sale and transfer, they will report. Wilkinson: The prior owner sales too in that time period, okay. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 35 OF 38 Takase: And then they're actually submitting to us quarterly what their sales are, so we have an idea running where they're going to be. But a lot of them changed over during COVID (coronavirus disease) because if you recall during COVID (coronavirus disease), there was a push to close all the bars and only restaurants could stay open, so anybody that could qualify, they moved to that. And, I would say we've only probably had one or two a year that actually run the other way, they have a hard time making their 30% food sales, but most of them with a kitchen, they can make the numbers easily. Greenwell: It just seemed like there were a lot of them in the 90% range. Takase: Yes, which they're primarily restaurants, they offer liquor because people ask for it, but I don't know. At that point, it becomes a question of whether it's worth their insurance to carry it, but we're happy that they have a license. Wilkinson: So, what happens if they drop below? Takase: If they drop below the 30%, usually we'll kind of work with them to bring it back up, if they can't we'll just drop them back to a dispenser license. And, I can't think of anybody recently, King's Course at Waikoloa was our last one because they're just running carts, so they got to sell a lot of hot dogs to catch up with their six beers. Nishimoto: So, when it says here that these licensees who submitted their gross sales and have not met, what does 0% for Luquin's, Nani Mau, and Rocco's Pizza, I get the 29%, but when it's 0%, do they submit something and it says 0%, what does that mean? Wilkinson: They're not open yet and they have the license? Takase: It might be the old Pahoa restaurant, the one that burned down. Nani Mau is the new Nani Mau. Rocco's has held the license but she hasn't catered. Nishimoto: So basically, they did submit reports but didn't have sales, okay. And then these, it seems as though there are less people who are not submitting their gross sales report I think from in the past, yeah? Did you notice that? Takase: I want to credit our staff, they've been very diligent about getting them to turn in their reports. Nishimoto: I think so, because I've noticed in the past that there were a lot more that didn't submit compared to the number that is showing here that hasn't submitted, so good job. Any other discussion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 36 OF 38 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: So, those reports have been accepted. The motion was carried unanimously. IX. Announcements (10:52 AM) Meetings of the Liquor Commission July 3, 2024, 10:00 A.M., Hilo Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. August 1, 2024, 10:00 A.M., Kona Meeting Room, Department of Liquor Control, Hanama Place, 75-5706 Kuakini Highway, Suite 107, Kailua- Kona, Hawaii. Takase: So, July 3rd is a Wednesday. Nishimoto: Yes, because Thursday is a holiday. Make sure to show up Wednesday the 3rd, so you can have off on the 4t". Any other announcements? Takase: Some of you have been asking about the State Liquor Conference, and tentatively we have it scheduled from October 13-16 on Maui, that's what the Maui Director is saying. But we don't know where or anything so, next month we're meeting with him so it will kind of be drop dead at that time. If he doesn't come up with it, then don't know if it's going to happen, my staff has forbidden me from putting it on again. Taniguchi: No, we did it the last two years for them? Takase: Yeah, so what's one more year? That's my thing. Nishimoto: Anything else? There were no further announcements. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 61 2024 - KONA PAGE 37 OF 38 V3 " Zald Takase Director The June 6, 2024 meeting minutes were approved as circulated, via email on July 1, 2024, by the Liquor Commission of the County of Hawai'i on July 3, 2024. MINUTES - LIQUOR COMMISSION EET /I �,,,,,,,, - THURSDAY JUNE 6., 2024 - KONA�,,,,�;,,,