2024-05-16 Liquor Adjudication Board Minutes Hilo

Home

definitely had security presence along that perimeter, understanding that it was a vulnerability but now understanding from a planning perspective, to Director's point he did bring that up about just the vulnerabilities with that area in general. But if we were going to do it again, I'd probably go back to that circular parking lot because of the level of control, it was like a singular access point that was hard to breach because of the fall off on the other side of that parking lot. But yeah, I think the open businesses there when they are open adds a certain level of complexity because you don't want to deter their business either, so it's kind of a give and take imbalance, but it definitely adds to that layer of complexity. But we haven't had any pushback from bifurcating the 21 to under 21. 1 mean, I know it was a bummer but these are things that it just seems like it was the best way of trying to ensure that we had those two groups separated for just visual eyes on it and knowing. I hope I answered your question. Fuke: Any more questions? There was no further discussion from Board Members. Fuke: Okay, Ms. Frenz, could you please provide the Department's recommendation. Frenz: Yes, Chair. At this time, this particular licensee has no prior violations, this was a special license, but no prior violations, there was a prior warning. I think that Ms. Moore has already thoughtfully and conscientiously described how hindsight is 20/20, and within a beer garden sort of speak, there's always going to be the one underage friend that's trying to sneak in with their friends and like any theft, if there's a will there's a way, and I think it just brings to light that no good deed goes unpunished. But, I and the Department appreciates how conscientious this licensee is, all her statements here today are further indicative of that, so we are seeking the standard fine that has been imposed on other licensees with similar violations, it's a $2,000.00 fine, with $1,000.00 suspended for one year from the date of the service of the Decision and Order in this case, on the condition that there will be no similar law violations that's specific to Hawaii Revised Statutes, Section 281-78, that the $1,000.00 unsuspended portion of that fine would be paid within 30 days of receipt of the Decision in Order in this case, payable to the Department of Liquor Control. They did also waive their right to a formal hearing, select Alternative 11, admitting to the violation but wanted to explain circumstances, ask that you follow that recommendation. Fuke: Thank you very much. Is there any questions of Ms. Frenz? There was no further discussion from Board Members. Fuke: Could I have a motion on the penalty? The penalty again, if I understand correctly just to summarize, it's $2,000.00, with a $1,000.00 suspension, provided that there is no similar violation within a year? Frenz: Yes, Chair. Fuke: So, that's the recommended penalty. So, could I have a motion to impose the penalty? Raymond: So moved. Hughes: Second. MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, MAY 16, 2024 - HILO PAGE 12 OF 20