HomeMy WebLinkAbout2024-09-05 Liquor Commission Minutes Hilo
COUNTY OF HAWAIʻI
DEPARTMENT OF LIQUOR CONTROL
LIQUOR COMMISSION MEETING
MINUTES – SEPTEMBER 5, 2024
HILO LAGOON CENTRE
101 AUPUNI STREET, UNIT 230
HILO, HAWAI‘I
I. Call to Order
The meeting was called to order by Chair Nishimoto at 10:02 A.M., in the Hilo Meeting
Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo,
Hawai‘i.
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
Melvin Ventura, Commissioner
Jennifer Wilkinson, Commissioner
Jennifer Yadao, Commissioner
Absent and Excused: Gerald Takase, Director
Stacie Waltjen, Licensing Officer
Others Present:
Brandon Gonzalez, Administrative Officer
Ihna Kandatsu-Kang, Deputy Corporation Counsel
Malia Arruda, Licensing Clerk
Hau‘oli Sayles, Commission Secretary
Nishimoto: Please silence your cell 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 Ventura.
Ventura: Present.
Sayles: Commissioner Wilkinson.
Wilkinson: Present.
Sayles: Commissioner Yadao.
Yadao: Present.
Sayles: Chair Nishimoto.
Nishimoto: Present.
Sayles: Absent and excused today are Director Gerald Takase, and Licensing Officer
Stacie Waltjen. Others present are Administrative Officer Brandon Gonzalez, Deputy
Corporation Counsel Ihna Kandatsu-Kang, Licensing Clerk Malia Arruda, and
Commission Secretary Hau‘oli Sayles.
II. Approval of Minutes – August 1, 2024 (10:04 AM)
Nishimoto: The August 1, 2024, meeting minutes were circulated via email on
August 29, 2024. May I have a motion to approve the meeting minutes as circulated?
Okabe: Motion to approve.
Nishimoto: May I have a second?
Greenwell: This is Greenwell, second.
Commissioner Okabe moved to approve the August 1, 2024,
Liquor Commission meeting minutes as circulated;
Seconded by Commissioner Greenwell.
Nishimoto: Any discussion?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 2 OF 27
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: Meeting minutes have been approved.
The motion was carried unanimously.
III. Approval of Addendum and/or Supplemental Agenda (10:04 AM)
Nishimoto: There is no addendum and/or supplemental agenda.
IV. Public Statements on Agenda Items (10:04 AM)
Nishimoto: Are there any public statements from members of the public at this time?
There were no statements from members of the public.
V. Public Hearings (10:05 AM)
1. APPLICATION NO.: T23-36
APPLICANT: Hatch Restaurant Group, LLC
(10:05 AM) TRADE NAME: The Temple Kona
PLACE OF BUSINESS: Ali‘i Sunset Plaza, 75-5799 Ali‘i Drive, Building A
Units 1 & 2, Kailua-Kona, Hawai‘i
TMK: 7-5-009:031
LICENSE APPLIED FOR: Sale and Transfer of the Dispenser General liquor
license, Category B1, currently held by A-Bay’s
Cantina LLC, dba A-Bay’s Island Café
Ian Hatch, Owner, was present.
Nishimoto: Good morning, could you please state your name, and your relationship to
the business?
Hatch: Good morning, Ian Hatch, President.
Nishimoto: Can you please describe your business?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 3 OF 27
Hatch: We are a high-end casual restaurant bar.
Nishimoto: Have you received the application report?
Hatch: I have.
Nishimoto: Are there any changes to the report?
Hatch: No.
Nishimoto: Director, are there any report of protests?
Gonzalez: Chairperson, this is a sale and transfer, so mailed notices are not required,
only publication in the newspaper. However, in this application for sale and transfer, the
applicant did mail 60 out of 80 notices within 100 feet, 361 out of 453 notices within 500
feet, and three notices to condominium or cooperative property owners. There were
302 total properties entitled to protest, and we did receive six written protests on the
form letter to this application, and a petition with seven names. The main concerns
regarding the petition and the protests are that loud music cease at 10:00 p.m. Thank
you.
Nishimoto: Are there any public testimony?
There was no public testimony.
Nishimoto: Seeing that there are none. Commissioners, is there any discussion or
questions? Go ahead, Commissioner Greenwell.
Greenwell: This is directed at Brandon, has there been any reaching out to talk to the
licensee about his time, and being able to comply with the 10:00 p.m. shut down of
music?
Gonzalez: Thank you, Mr. Greenwell. The licensee has been working with our
investigative staff in Kona. Right now, they are not doing live music, they are doing
recorded music. His clientele has been more the mature crowd, listening to things like
Fleetwood Mac, or whatever else. They don’t operate that late into the night right now,
but I think Mr. Hatch could probably answer the question better. If the question is
specifically on whether or not the licensee has talked to any of the owners in the
condominium about the noise concerns, I’m not aware of any yet because we only got
some of the letters in the last couple days
Hatch: Yes, I can answer that. There has been since we started the process, a handful
of condominium owners who have stopped by, poked their head in and talked to me,
and all of them have voiced their concerns about what had gone on prior to us taking
over, where there was a lot of late-night partying and loud music. And, I assured each
and every one of them that that’s not how we operate, and that’s not our plans to
operate in that manner. We may have live music in the future, but it will definitely end
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 4 OF 27
long before 10:00 p.m., and it won’t be anything more than a one or two person, more of
an acoustic-style background music, not overpowering and loud.
Greenwell: So, when they walked out the door, were you surprised to see that this
came in so late?
Hatch: No, I’ve been given a heads up from a few people that there are some residents
that are definitely going to have issues with it based off of their experience with the last
tenant.
Gonzalez: Commissioner Greenwell, if I may also add some more information, the
applicant before you has been operating in the space since July of this year, and we
have not had any noise complaints during that time while he’s been operating there.
And, in fact, our investigators took measurements last night of some of the sound
readings with Ali‘i Drive, ambient noise, and the noise that may have been coming from
The Temple Kona. All of the readings were measured between 42 and 45 decibels
from The Temple Kona. So, to give you guys more information, the area is zoned Class
B-Resort. There’s two key numbers in play here, some of you might have this question
about what is the maximum decibels allowed. So, between 7:00 a.m. to 10:00 p.m., the
maximum decibels allowed are 60 decibels, so that’s considered daytime. And then
nighttime, the maximum decibels levels between 10:00 p.m. to 7:00 a.m. is 50 decibels,
so they were below that when we measured it last night.
Greenwell: So, in granting him a license, should we put a caveat on there that he has
to have his music down by 10:00 p.m., he would still be in the boundary if he stayed at
45 as he was doing last night?
Gonzalez: Right, with recorded music and his customers talking, although at this time,
the Department doesn’t see the need, I mean it’s up to you folks if you want to put a
condition on, but we don’t see the need, there’s no complaints and no noise levels
above to impose that condition at this time. I’m giving the applicant the benefit of the
doubt that they can regulate it themselves and work with their neighbors.
Espejo: How far is The Temple Kona in relation to this building?
Hatch: It’s right next door.
Taniguchi: I have a question, so is this the old Lava Java that used to be there before?
Hatch: Island Lava Java, yes.
Taniguchi: One question I have I think is for Brandon, because I noticed on the map,
they have a shared bathroom that’s all the way in the back of the shopping center. I
kind of recall that there’s some kind of a, so many feet or whatever, that requirement?
So, is that within compliance?
Gonzalez: It’s within compliance for the liquor license.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 5 OF 27
Nishimoto: Any other discussion or questions?
Okabe: It’s for Brandon, in regards to the decibels, after granting the license, what
happens if it exceeds the amount of decibels, what would be the process for the
investigators to do, is there a fine after that?
Gonzalez: So, what typically happens is the condominium owners, the manager there,
they have our number and the direct cell number for our West Hawai‘i supervisor, they
usually contact our investigators if they don’t contact the licensee directly, they just tell
them, “Hey, it’s kind of loud tonight.” So, in the worst-case scenario if there is a
violation and we measure it, what we would do is an investigative report, then the
violator would be given a citation, and then the violation would be heard by the Liquor
Adjudication Board. And then, if we can prove that they violated the noise level rule,
then there could be a fine, or a suspension, or a warning, or a condition put on the
license.
Nishimoto: Any other questions or concerns?
Greenwell: I think Mr. Hatch, you’re well aware of the situation.
Hatch: I am.
Greenwell: I think it’s in our hands too.
Gonzalez: Going back to Commissioner Okabe, though, there is another avenue as
well if there are concerns from the surrounding property owners about noise and we
have readings that show it over and it can’t be regulated, then we could bring it back
to the Commission to put a condition on the license as well.
Nishimoto: Alright, any other questions or concerns?
There was no further discussion by Commissioners.
Nishimoto: Thank you very much. May I have a motion to close the public hearing?
Taniguchi: So moved.
Nishimoto: Any second?
Espejo: Espejo, second.
Commissioner Taniguchi moved to close the public
hearing; Seconded by Commissioner Espejo.
Nishimoto: Any discussion of the motion?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 6 OF 27
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. T23-36, pending
final inspection?
Okabe: Motion to approve, pending final inspection.
Nishimoto: May I have a second?
Espejo: Espejo, second.
Commissioner Okabe moved to approve Application No. T23-36,
Hatch Restaurant Group, LLC, dba The Temple Kona, for a Sale
and Transfer of the Dispenser General liquor license, Category B1,
currently held by A-Bay’s Cantina LLC, dba A-Bay’s Island Cafe,
located at the Ali‘i Sunset Plaza, 75-5799 Ali‘i Drive, Building A,
Units 1 & 2, Kailua-Kona, Hawai‘i, TMK: 7-5-009:031, pending final
inspection; Seconded by Commissioner Espejo.
Nishimoto: Any discussion of 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: Application No. T23-36 has been approved pending final inspection.
The motion was carried unanimously.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 7 OF 27
Nishimoto: May I have another motion to ratify issuance of a Temporary License No.
T-DG-962, effective July 1, 2024?
Okabe: Motion to approve.
Greenwell: Greenwell, second.
Commissioner Okabe moved to ratify issuance of
Temporary License No. T-DG-962, effective July 1, 2024;
Seconded by Commissioner Greenwell.
Nishimoto: Any discussion of 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: Thank you, the temporary license has been ratified as well.
The motion was carried unanimously.
2. APPLICATION NO.: 23-37
APPLICANT: Los Habaneros, Inc.
TRADE NAME: Habaneros Grill
(10:16 AM)
PLACE OF BUSINESS: 75-5864 Walua Road, Kailua-Kona, Hawai‘i
TMK: 7-5-009:034
LICENSE APPLIED FOR: Original Restaurant General liquor license,
Category B2
Cara Johnson-Altamirano, Co-owner, was present.
Nishimoto: Welcome, can you please state your name, and your relationship to the
business?
Johnson-Altamirano: Thank you. Cara Johnson-Altamirano, Owner.
Nishimoto: Can you please describe your business?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 8 OF 27
Johnson-Altamirano: Currently, it’s empty. We have Los Habaneros in Keauhou,
the taqueria, this is Habaneros Grill, the two-story building right off Wailua Road across
from Royal Kona Resort. In 2014, we operated for five years as a restaurant, but then
closed down and rented out the space twice. We’re in the process of taking it back and
deciding how to move forward, so in the interim to get the liquor license in place.
Nishimoto: Have you received the application report?
Johnson-Altamirano: Yes.
Nishimoto: Are there any changes to the report?
Johnson-Altamirano: No.
Nishimoto: Director, are there any report of protests?
Gonzalez: Chairperson, this is an application for an original liquor license. The
applicant mailed 146 out of 150 notices within 100 feet, 722 out of 730 notices within
500 feet, and 7 notices to condo (condominium) or cooperative property owners. There
were 696 total properties within 500 feet entitled to protest, and we did receive 1 protest
that was verified, and you should have a copy of that letter in your packet.
Nishimoto: Any public testimony at this time?
There was no public testimony.
Nishimoto: Commissioners, any discussion or questions? Commissioner Greenwell.
Greenwell: Okay, reading this letter of protest, I believe it’s directed to the wrong
agency. They agree they don’t have a problem with the restaurant, there’s been a
restaurant there in the past, we don’t have anything to do with the traffic on the road
whether they have a liquor license or they don’t have a liquor license.
Nishimoto: Any other?
There was no further discussion by Commissioners.
Nishimoto: Okay, if there’s no further discussion or questions, may I have a motion to
close the public hearing?
Taniguchi: So moved.
Greenwell: Greenwell, second.
Commissioner Taniguchi moved to close the public
hearing; Seconded by Commissioner Greenwell.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 9 OF 27
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: Public hearing has been closed.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. 23-37, pending
final inspection?
Taniguchi: So moved to approve.
Greenwell: Greenwell, second.
Commissioner Taniguchi moved to approve Application
No. 23-37, Los Habaneros, Inc., dba Habaneros Grill, for
an Original Restaurant General liquor license, Category
B2, located at 75-5864 Walua Road, Kailua-Kona, Hawai‘i,
TMK: 7-5-009:034, 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 say “Nay.”
There was no opposition by Commissioners.
Nishimoto: Application No. 23-37 has been approved pending final inspection.
The motion was carried unanimously.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 10 OF 27
VI. Preliminary Hearings (10:19 AM)
1. APPLICATION NO.: T24-02
APPLICANT: Puna Plantation Hawaii, Limited
(10:19 AM)
TRADE NAME: K. Takata Store
PLACE OF BUSINESS: 54-3627 Akoni Pule Highway, Kapa‘au, Hawai‘i
TMK: 5-4-007:058
LICENSE APPLIED FOR: Sale and Transfer of the Retail General liquor
license, currently held by K. Takata Store, Inc.,
dba K. Takata Store
Kathy Garson, Esq., Authorized Agent, Les Hanano, Vice President of
Store Operations, and Daniel Winkler, Assistant to the Vice President
of Store Operations, were present.
Nishimoto: Good morning, could you please state your name and your relationship to
the business.
Garson: Sure, Katherine Garson from Carlsmith Ball, I’m the attorney for this
application, and to my right is Les Hanano, he’s the Vice President of Store Operations
for Puna Plantation, and this is Daniel Winkler, who is the Assistant to the Vice
President of Store Opereations.
Nishimoto: Thank you, welcome. Can you please describe your business?
Garson: So, it’s going to be a neighborhood grocery store in North Kohala, and Puna
Plantation is purchasing those assets and wanting to ensure sort of this continuing
operation of the grocery store for North Kohala.
Nishimoto: Have you received the application report?
Garson: Yes, we have.
Nishimoto: Are there any changes to the report?
Garson: No there aren’t.
Nishimoto: Any public testimony?
There was no public testimony.
Nishimoto: Seeing there are none. Commissioners, any discussion or questions?
Greenwell: KTA does a good job in Waimea, I think it’s positive that they’re going to
take over Takata store in Kohala. They buy produce from the Waimea area and service
the Kohala area, and KTA has a good reputation of doing a good job in Waimea, I’m
sure they do a good job on the rest of the island, so glad to have them.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 11 OF 27
Garson: Thank you.
Nishimoto: Any other questions, discussion?
There was no further discussion by Commissioners.
Nishimoto: Alright, if not, may I have a motion to approve or deny Application No.
T24-02? If approved, public hearing to be held on October 3, 2024, in Kona.
Okabe: Motion to approve.
Nishimoto: May I have a second?
Espejo: Espejo, second.
Commissioner Okabe moved to approve Application No. T24-02,
Puna Plantation Hawaii, Limited, dba K. Takata Store, for a Sale
and Transfer of the Retail General liquor license, currently held
by K. Takata Store, Inc., dba K. Takata Store, located at 54-3627
Akoni Pule Highway, Kapa‘au, Hawai‘i, TMK: 5-4-007:058, with
public hearing to be held on October 3, 2024, in Kona, Hawai‘i;
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: All those opposed say “Nay.”
There was no opposition by Commissioners.
Nishimoto: Application No. T24-02 has been approved.
The motion was carried unanimously.
VII. Unfinished Business (10:21 AM)
Nishimoto: There is no Unfinished Business.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 12 OF 27
VIII. New Business (10:22 AM)
1. Waimea Butcher Shop, LLC, dba Waimea Butcher Shop, approval
of Application No. 24-03, for an Increase in Licensed Premises to include
Suite 102B, located adjacent to its existing licensed premises, consisting
(10:22 AM)
of approximately 1,000 square feet; TMK: 6-4-006:082; of its Restaurant
General liquor license, Category B1, located at the Kamuela Business
Center, 64-1032 Māmalahoa Highway, Suites 101 & 102, Kamuela, Hawai‘i.
Mills Stoval, Co-owner, was present.
Nishimoto: Please state your name and your relationship to the business.
Stoval: Mills Stoval, I’m the owner and founder of Waimea Butcher Shop in Waimea.
We’ve been in business for about ten years, we are a whole animal butcher shop deli
restaurant that sources entirely 100% from Hawai‘i Island. And so, we’ve had our same
crew for about ten years, and we’ve only sourced here except for the alcohol of course,
but yeah, we’re really lucky.
Nishimoto: Thank you very much. May I have a motion to approve?
Okabe: Motion to approve.
Greenwell: Greenwell, second.
Commissioner Okabe moved to approve Application No. 24-03,
for an Increase in Licensed Premises to include Suite 102B,
located adjacent to its existing licensed premises, consisting
of approximately 1,000 square feet; TMK: 6-4-006:082; of its
Restaurant General liquor license, Category B1, located at
the Kamuela Business Center, 64-1032 Māmalahoa Highway,
Suites 101 & 102, Kamuela, Hawai‘i; Seconded by Commissioner
Greenwell.
Nishimoto: Any discussion of the motion?
There was no discussion by Commissioners.
Sayles: I’m sorry, he didn’t receive the report. I didn’t email the report, but this is the
report. Sorry, he’s looking it over now.
Gonzalez: So, what’s happening is there’s two items on the agenda right now, don’t
rush.
Stoval: Okay.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 13 OF 27
Gonzalez: I’ll just bring everybody up to speed with the Chair, there’s two items on the
agenda involving Waimea Butcher Shop, we’re going to take one item after this out of order
because he’s here so we can get all his stuff done and he doesn't have to wait to the end.
But the first thing we’re taking is a permanent increase in the space. Apparently, business
is so good up in Waimea and his butcher shop is so fantastically awesome, he needs more
space. So, he has to apply for that and get it approved by the Liquor Commission in order to
be able to have that as part of his liquor license. So, that’s what we’re going to vote on first,
and then after that, there’s another item related to a temporary increase for an event he had,
just an application, so if that makes sense.
Sayles: Can we ask if there are any changes to the report?
Stoval: In my fast glancing over everything, everything seems correct. So, our liquor
license was for 101 and 102. We just took over 102B, and we didn’t do anything that
would require permits for, we basically just added some tables and changed the light
fixtures. And so, I was hoping to avoid having to like have the entire setup of inspectors
come back through because that took like a year, and I was just coming here to humbly
ask you guys if we could figure out a way to just you know, be approved for the space
and not have to like go through a year of waiting for every single inspector to come
through because we didn’t do any plumbing, electrical, no kitchen remodel, literally just
added some tables and that’s it.
Nishimoto: Okay, so there’s no changes to the report as far as you can see in your
speedreading?
Stoval: Yes ma’am.
Sayles: My apologies.
Stoval: No, no it’s fine.
Nishimoto: With that being said, any questions or discussion?
Wilkinson: I have a question, how much can you seat in the currently licensed
premises right now?
Stoval: The current area that you’re allowed to drink in, or the current area in total?
Wilkinson: That is under the license.
Stoval: It’s like a big 30-foot-long table, like around that, yeah.
Wilkinson: So, you’re adding 1,000 square feet?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 14 OF 27
Stoval: Yes, we’re adding eight tables.
Nishimoto: Any other questions, discussion?
There was no further discussion by Commissioners.
Nishimoto: I believe now we take a vote to approve Application No. 24-03, for an
Increase in Licensed Premises, all those in favor say “Aye.”
The Commissioners voted “Aye.”
Nishimoto: All those opposed say “Nay.”
There was no opposition by Commissioners.
Nishimoto: The application for increase has been approved.
The motion was carried unanimously.
THE NEXT ITEM WAS TAKEN OUT OF ORDER
4. Temporary Increase in Licensed Premises Issued for Ratification (10:29 AM)
b. Waimea Butcher Shop, LLC, dba Waimea Butcher Shop, ratification of
Application for Temporary Increase in Licensed Premises, for an event on
(10:29 AM)
August 6, 2024, approved by Director Gerald Takase on August 6, 2024,
of its Restaurant General liquor license, Category B1, located at the
Kamuela Business Center, 64-1032 Māmalahoa Highway, Suites 101 &
102, Kamuela, Hawai‘i.
Nishimoto: May I have a motion to ratify?
Taniguchi: Move to ratify.
Nishimoto: May I have a second?
Okabe: Second.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 15 OF 27
Commissioner Taniguchi moved to ratify the Application
for Temporary Increase in Licensed Premises, for an event
on August 6, 2024, approved by Director Gerald Takase on
August 6, 2024, of its Restaurant General liquor license,
Category B1, located at the Kamuela Business Center,
64-1032 Māmalahoa Highway, Suites 101 & 102, Kamuela,
Hawai‘i; 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: The ratification for a temporary increase has been approved.
The motion was carried unanimously.
RETURNED TO THE ORDER OF BUSINESS
2. Change in Officers / Directors Submitted for Approval (10:30 AM)
a. The Odom Corporation, dba The Odom Corporation (Kailua-Kona),
dba The Odom Corporation (Keaau), approval of Change in
Officers/Directors as follows:
(10:30 AM)
Appointment of Jon Steinman, as CFO (Chief Financial Officer); and
Change in Title of Randy Halter, from CFO (Chief Financial Officer)
and Director, to Director; effective July 1, 2024, by form received
July 29, 2024;
Personal History and Affidavit for Jon Steinman, CFO
(Chief Financial Officer);
of its Wholesale General liquor license, for both Hawai‘i Island locations.
Nishimoto: May I have a motion to approve?
Taniguchi: Move to approve.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 16 OF 27
Nishimoto: Any second?
Greenwell: Greenwell, second.
Commissioner Taniguchi moved to approve the Change in
Officers/Directors as follows: Appointment of Jon Steinman,
as CFO (Chief Financial Officer); and Change in Title of Randy
Halter, from CFO (Chief Financial Officer) and Director, to
Director; effective July 1, 2024, by form received July 29, 2024;
Personal History and Affidavit for Jon Steinman, CFO (Chief
Financial Officer); of its Wholesale General liquor license, for
both Hawai‘i 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 say “Nay.”
There was no opposition by Commissioners.
Nishimoto: That change has been approved.
The motion was carried unanimously.
b. Hilo Yacht Club, dba Hilo Yacht Club, approval of Change in
Officers/Directors as follows:
(10:30 AM)
Appoinment of Kay Sakai, as Director, effective January 25, 2022;
Charles Schlegelmilch, as Director, effective February 21, 2023; and
Mihaela Ryer, Justin Barrios, Lisa Rantz, and John Pratt, as Directors,
effective February 7, 2024;
Removal of Lisa Spain, Rear Commodore; and Josephine Crawford,
Adrianne Lamson, and Britta Zimmer-Long, Directors; effective
February 7, 2024;
Change in Title of Carol Myrianthis, from Vice Commodore to Commodore;
Will Lee, from Commodore to Rear Commodore; Joseph Marsh, from
Director to Vice Commodore; Terianne Brown, from Director to Secretary;
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 17 OF 27
Kessel Kua, from Director to Treasurer; and Bonnie Geiger, from Treasurer
to Director; effective February 7, 2024;
Personal History and Affidavits for Terianne Brown, Secretary; Kessel
Kua, Treasurer; Charles Schlegelmilch, Bonnie Geiger, Mihaela Ryer,
Justin Barrios, Lisa Rantz, and John Pratt, Directors;
by forms received May 24, 2024; of its Club liquor license, Category B2,
located at 77 Laehala Street, Hilo, Hawai‘i.
Nishimoto: May I have a motion to approve?
Greenwell: Greenwell, move to approve.
Okabe: Second.
Commissioner Taniguchi moved to approve the Change in
Officers/Directors as follows: Appoinment of Kay Sakai, as Director,
effective January 25, 2022; Charles Schlegelmilch, as Director, effective
February 21, 2023; and Mihaela Ryer, Justin Barrios, Lisa Rantz, and
John Pratt, as Directors, effective February 7, 2024; Removal of Lisa Spain,
Rear Commodore; and Josephine Crawford, Adrianne Lamson, and Britta
Zimmer-Long, Directors; effective February 7, 2024; Change in Title of
Carol Myrianthis, from Vice Commodore to Commodore; Will Lee, from
Commodore to Rear Commodore; Joseph Marsh, from Director to Vice
Commodore; Terianne Brown, from Director to Secretary; Kessel Kua,
from Director to Treasurer; and Bonnie Geiger, from Treasurer to Director;
effective February 7, 2024; Personal History and Affidavits for Terianne
Brown, Secretary; Kessel Kua, Treasurer; Charles Schlegelmilch, Bonnie
Geiger, Mihaela Ryer, Justin Barrios, Lisa Rantz, and John Pratt, Directors;
by forms received May 24, 2024; of its Club liquor license, Category B2,
located at 77 Laehala Street, Hilo, Hawai‘i; 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: Yacht Club has been approved for Change in Officers and Directors.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 18 OF 27
The motion was carried unanimously.
3. Permits Issued for Ratification (10:32 AM)
a. Paul’s Place, Inc., dba Paul’s Place, ratification of request to transfer
liquor inventory to suppliers and/or sell to general public, approved by
Director Gerald Takase on July 31, 2024, of its Retail General liquor
license, located at 76-5924 Māmalahoa Highway, Hōlualoa, North Kona,
Hawai‘i.
b. Hidekazu Ito, Solicitor, The Cherry Company, Ltd., ratification of
Application for Solicitor's Permit, for possession of liquor for sampling
to buyers, approved by Director Gerald Takase on July 26, 2024, of its
Wholesaler-General liquor license, located at 3375 Koapaka Street,
Honolulu, Hawai‘i.
c. Garret Low, Solicitor, The Cherry Company, Ltd., ratification of
Application for Solicitor's Permit, for possession of liquor for sampling
to buyers, approved by Director Gerald Takase on July 30, 2024, of its
Wholesaler-General liquor license, located at 3375 Koapaka Street,
Honolulu, Hawai‘i.
d. Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122,
ratification of Application for Game Permits, for an event on September
12, 2024; and for events from September 1-30, 2024; approved by
Director Gerald Takase on August 27, 2024, of its Special General liquor
license, located at 74-5543 Kaiwi Street, Suite 3-A185a and 3-A185b,
Kailua-Kona, Hawai‘i.
Nishimoto: May I have a motion to ratify?
Okabe: Motion to ratify.
Wilkinson: Wilkinson, second.
Commissioner Okabe moved to ratify Permits Issued
for Ratification, Item Nos. 3(a) through 3(d), as stated
in the agenda; Seconded by Commissioner Wilkinson.
Nishimoto: Any discussion of the motion? Go ahead.
Taniguchi: Yeah, I have a question for Brandon. So, you know like these Cherry
Company people, so when they come down and they give samples, they have to apply
every time?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 19 OF 27
Gonzalez: No, so they apply once to be solicitor located on this island because Cherry
Company is based out of Honolulu. So, what they need in order to showcase their
products on the neighbor islands, rather than have them do a full operation, we let them
have solicitors, their representatives.
Taniguchi: So, that would be for one year?
Sayles: It’s renewed yearly.
Nishimoto: Any other discussion?
There was no further 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: Alright, those permits have been ratified.
The motion was carried unanimously.
4. Temporary Increase in Licensed Premises Issued for Ratification (10:33 AM)
a. Berj Corporation, dba My Bar, ratification of Application for Temporary
Increase in Licensed Premises, to include parking lot for events on
(10:33 AM)
September 20-21, 2024, approved by Director Gerald Takase on
August 5, 2024, of its Dispenser General liquor license, Category B2,
located at the Luhia Center I, 74-5606 Luhia Street, Spaces A1, A2, A3
and A4B, Kailua-Kona, Hawai‘i.
ALREADY TAKEN OUT OF ORDER
b. Waimea Butcher Shop, LLC, dba Waimea Butcher Shop, ratification of
Application for Temporary Increase in Licensed Premises, for an event on
August 6, 2024, approved by Director Gerald Takase on August 6, 2024,
of its Restaurant General liquor license, Category B1, located at the
Kamuela Business Center, 64-1032 Māmalahoa Highway, Suites 101 &
102, Kamuela, Hawai‘i.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 20 OF 27
c. Napua Hilo LLC, dba Lehua Restaurant at Imiloa, ratification of
Application for Temporary Increase in Licensed Premises, for an event on
August 24, 2024, approved by Administrative Officer Brandon Gonzalez
on August 22, 2024; and for an event on August 30, 2024, approved by
Director Gerald Takase on August 28, 2024; of its Restaurant General
liquor license, Category B2, located at 600 Imiloa Place, Hilo, Hawai‘i.
Nishimoto: May I have a motion to ratify?
Greenwell: Greenwell, make the motion to ratify.
Nishimoto: May I have a second?
Okabe: Second.
Commissioner Greenwell 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 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, “Nay.”
There was no opposition by Commissioners.
Nishimoto: Motion has been approved.
The motion was carried unanimously.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 21 OF 27
5. Special Licenses Issued for Ratification (10:34 AM)
a. License No. SP-24-021, Aloha Performing Arts Company, dba
Aloha Theatre, for a Special Beer and Wine liquor license, for events
on August 2, 3, 4, 9, 10, 11, 2024, held at 79-7384āmalahoa Highway, M
Kealakekua, Hawai‘i.
b. License No. SP-24-022, The Kahilu Theatre Foundation, dba
The Kahilu Theatre Foundation, for a Special Beer and Wine liquor
license, for events on August 1, 9, 24, 25, 2024, held at 67-1186 Lindsey
Road, Kamuela, Hawai‘i.
c. License No. SP-24-023, Junior Achievement of Hawaii, Inc., dba
Junior Achievement of Hawaii, for a Special Beer and Wine liquor
license, for an event on August 22, 2024, held at the ARC of Hilo,
1099 Waianuenue Avenue, Hilo, Hawai‘i.
d. License No. SP-24-024, 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 August 8, 2024, held at 38 Haili Street, Hilo,
Hawai‘i.
e. License No. SP-24-025, 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 August 9, 2024, held at 38 Haili Street, Hilo,
Hawai‘i.
f. License No. SP-24-026, 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 August 24, 2024, held at 38 Haili
Street, Hilo, Hawai‘i.
g. License No. SP-24-027, 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 August 31, 2024, held at 38 Haili Street,
Hilo, Hawai‘i.
h. License No. SP-24-028, Donkey Mill Art Center, dba Donkey Mill
Art Center, for a Special Beer and Wine liquor license, for an event on
September 28, 2024, held at 78-6670 Māmalahoa Highway, Hōlualoa,
Hawai‘i.
i. License No. SP-24-029, American Cancer Society, dba American
Cancer Society, for a Special General liquor license, for events
on August 21-28, 2024, held at Virtual Online Silent Auction.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 22 OF 27
j. License No. SP-24-030, Hawai‘i Keiki Museum, dba Hawai‘i Keiki
Museum, for a Special Beer and Wine liquor license, for an event on
August 22, 2024, held at 69-250 Waikoloa Dr. K104, Waikoloa, Hawai‘i.
k. License No. SP-24-031, Fraternal Order of Eagles, dba Fraternal
Order of Eagles, for a Special Beer and Wine liquor license, for events
on August 2, 3, 9, 10, 16, 17, 23, 24, 30, & 31, 2024, held at 16-111
‘Ōpūkaha‘ia Street, Kea‘au, Hawai‘i.
l. License No. SP-24-032, Aloha Performing Arts Company, dba
Aloha Theatre, for a Special Beer and Wine liquor license, for an event
on August 17, 2024, held at 79-7384āmalahoa Highway, Kealakekua, M
Hawai‘i.
m. License No. SP-24-033, Penn Hawaii Youth Foundation, dba
Penn Hawaii Youth Foundation, for a Special Beer liquor license, for
an event on August 17, 2024, held at 145 Keawe Street, Hilo, Hawai‘i.
n. License No. SP-24-034, Aloha Performing Arts Company, dba
Aloha Theatre, for a Special Beer and Wine liquor license, for an event
on August 18, 2024, held at 79-7384āmalahoa Highway, Kealakekua, M
Hawai‘i.
o. License No. SP-24-035, Daughters of Hawai‘i, dba Daughters of
Hawai‘i, for a Special Beer and Wine liquor license, for an event on
August 29, 2024, held at 75-5718 Ali‘i Drive, Kailua-Kona, Hawai‘i.
p. License No. SP-24-037, Donkey Mill Art Center, dba Donkey
Mill Art Center, for a Special General liquor license, for an event on
September 21, 2024, held at 78-6670 Māmalahoa Highway, Hōlualoa,
Hawai‘i.
q. License No. SP-24-038, The Kahilu Theatre Foundation, dba
The Kahilu Theatre Foundation, for a Special Beer and Wine liquor
license, for events on September 7, 13, 15, 24, 26 & 28, 2024, held
at 67-1186 Lindsey Road, Kamuela, Hawai‘i.
r. License No. SP-24-039, Kona Elks Club, dba Kona Elks Club, for a
Special General liquor license, for events from September 1-30, 2024,
held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawai‘i.
s. License No. SP-24-040, Akaka Falls Lions Club, dba Akaka
Falls Lions Club, for a Special General liquor license, for an event
on September 7, 2024, held at the Hilo Hawaiian Hotel, Moku‘ola
Ballroom, 71 Banyan Drive, Hilo, Hawai‘i.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 23 OF 27
t. License No. SP-24-041, 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 September 7, 2024, held at 38 Haili
Street, Hilo, Hawai‘i.
u. License No. SP-24-042, 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 September 14, 2024, held at 38 Haili
Street, Hilo, Hawai‘i.
v. License No. SP-24-043, 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 September 20, 2024, held at 38 Haili
Street, Hilo, Hawai‘i.
w. License No. SP-24-044, 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 September 21, 2024, held at 38 Haili
Street, Hilo, Hawai‘i.
Nishimoto: May I have a motion to ratify?
Taniguchi: So moved.
Okabe: Second.
Commissioner Taniguchi moved to ratify Special Licenses
Issued for Ratification, Item Nos. 5(a), through 5(w), License
Nos. SP-23-021 through SP-23-035, AND License Nos. SP-23-037
through SP-23-044, as stated in the agenda; Seconded by
Commissioner Okabe.
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.
Nishimoto: Motion has been ratified.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 24 OF 27
The motion was carried unanimously.
6. Transient Vessel Licenses Issued for Ratification (10:34 AM)
a. License No. TV-24-006, Carnival License Holdings Limited,
dba Carnival Miracle, for a Transient Vessel liquor license, in
port at Kona Harbor, Kailua-Kona, Hawai‘i, on September 24, 2024.
b. License No. TV-24-007, Carnival License Holdings Limited,
dba Carnival Spirit, for a Transient Vessel liquor license, in port
at Hilo Harbor, Hilo, Hawai‘i, on October 3, 2024.
c. License No. TV-24-008, Carnival License Holdings Limited, dba
Carnival Radiance, for a Transient Vessel liquor license, in port at
Hilo Harbor, Hilo, Hawai‘i, on October 21, and December 6, 2024.
d. License No. TV-24-009, Magical Cruise Company, Limited,
dba Disney Wonder, for a Transient Vessel liquor license, in
port at Hilo Harbor, Hilo, Hawai‘i, on October 2, 2024.
e. License No. TV-24-010, Holland America Line N.V., dba Ms Zaandam,
for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona,
Hawai‘i; and Hilo Harbor, Hilo, Hawai‘i; on October 7, November 29,
December 27, 2024 (Kona); and October 11, November 30,
December 27, 2024 (Hilo).
f. License No. TV-24-011, Holland America Line N.V., dba Ms
Koningsdam, for a Transient Vessel liquor license, in port at Kona Harbor,
Kailua-Kona, Hawai‘i; and Hilo Harbor, Hilo, Hawai‘i; on October 15, 2024
(Kona); and October 16, 2024 (Hilo).
g. License No. TV-24-012, Holland America Line N.V., dba Ms Westerdam,
for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawai‘i;
and Kona Harbor, Kailua-Kona, Hawai‘i, on October 18, 2024 (Hilo); and
on October 31, 2024 (Kona).
h. License No. TV-24-013, Holland America Line N.V., dba Mv Quest,
for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawai‘i;
and Kona Harbor, Kailua-Kona, Hawai‘i, on December 5, 2024 (Hilo);
and on December 7, 2024 (Kona).
Nishimoto: May I have a motion to ratify?
Okabe: Motion to ratify.
Nishimoto: May I have a second?
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 25 OF 27
Yadao: Second.
Commissioner Okabe moved to ratify Transient Vessel Licenses
Issued for Ratification, Item Nos. 6(a) through 6(h), License Nos.
TV-24-006 through TV-24-013, as stated in the agenda; Seconded
by Commissioner Yadao.
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: Transient Vessel licenses has been ratified.
The motion was carried unanimously.
IX. Announcements (10:35 AM)
Meetings of the Liquor Commission
October 3, 2024, 10:00 A.M., Kona Meeting Room, Department of
Liquor Control, Hanama Place, 75-5706 Kuakini Highway, Suite 107,
Kailua-Kona, Hawai‘i.
November 7, 2024, 10:00 A.M., Hilo Meeting Room, Department of
Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo,
Hawai‘i.
Gonzalez: If you look around the room we have some fresh new faces, so I would like
to formally welcome and introduce them. In no particular order, our newly assigned
Deputy Corporation Counsel to the Liquor Commission is Ms. Inha Kandatsu-Kang.
She is now assigned to you folks to assist with the Liquor Commission issues.
Our newest Commissioner, Mr. Melvin Ventura, thank you for being here today, he
had just got confirmed yesterday, he’s our representative from North Kona area, he
does have a well-versed background from financial institutions. I think he was recruited
heavily by other commissions, but he chose us, so we win, so thank you for being here.
MINUTES – LIQUOR COMMISSION MEETING – THURSDAY, SEPTEMBER 5, 2024 – HILO PAGE 26 OF 27
And then if you notice we have Malia Arruda sitting in on this meeting assisting Hau'oli,
because she will be the person doing the next October meeting because Hau 9 oli and
myself will be at an investigator's training at the same time off -island. So, Malia works
in the front, she's usually the one that picks up the phone and the first person to greet
anybody that walks through the door, that's a win for us, we can give her a hand.
Sayles: We're super happy that she's here, so she'll be doing the Kona meeting, so'
trust her that she is going to do an awesome job. I
Nishimoto: This is a fine example of a meeting sit in on, so welcome. Any other
announcements?
Gerald Takase
Director
The September 5,, 2024 meeting minutes were approved as circulated " email on via
J
September 26,, 2024.9 by the Liquor Commission of the County of Hawai"i on October 3,, 2021
MINUTES - LIQUOR COMMISSION MEETING- THURSDAY, SEPTEMBER 5,2024 - HILO PAGE 27 OF 27