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4. CASE NO. 2025-007 (02:10 PM)
<br />In the Matter of the Accusation Against RMG Waikoloa, LLC, dba Romano's
<br />Macaroni Grill, located at the Queens' MarketPlace, 69-201 Waikoloa Beach
<br />Drive, Suite 1010, Waikoloa, Hawaii.
<br />Formal Hearing (Alternative III) in violation of Section 281-41(a) of the Hawaii
<br />Revised Statutes, as amended, for engaging in an illegal sale and transfer of a
<br />liquor license.
<br />Fuke: As will be explained by Ms. Frenz, because the alleged violator did not respond,
<br />guess the matter will be handled in a quasi-judicial manner. But before proceedings,
<br />all of the parties, which I assume would be the licensee as well as the other parties in
<br />the Department, you know may state for the record any objections they may have of the
<br />prehearing proceedings, particularly the form and substance of the hearing, if there are any
<br />objections by the parties, the Board will rule on it then or upon the end of the hearing.
<br />So, the first party, Liquor Department, you have any objections?
<br />Gonzalez: None from the Department, Chair, thank you.
<br />Fuke: And the licensee and the owner, Jason Kemp, is not here?
<br />Frenz: That's correct. I mean, if we want to be very formal, Jason Kemp? Jason Kemp?
<br />Jason Kemp? May the record reflect no response from a Jason Kemp.
<br />Fuke: Okay, the record confirms his absence. In terms of notice, I gather that you know,
<br />Ms. Frenz will cover that, whether and how the notice was provided to Mr. Kemp. So, could
<br />you please read the complaint and accusation?
<br />Frenz: Yes, Chair, and before I do that, I'd like to have the record reflect that this matter was
<br />scheduled for today at 1:30 p.m., it is currently 2:11 p.m., and our Licensing Officer Stacie
<br />Waltjen was kind enough to at my request to go outside and make sure that Jason Kemp, or
<br />a member on behalf of Jason Kemp, or a member of the public regarding Jason Kemp in this
<br />particular complaint and accusation was not outside uninformed that they needed to come in,
<br />and there is no one outside, so I'd like to also have the record reflect that.
<br />That aside Chair, on or about the 8t" day of April 2024, in the County and State of Hawaii, the
<br />licensee, RMG Waikoloa LLC, dba (doing business as) Romano's Macaroni Grill, engaged in
<br />an illegal sale and transfer of a liquor license, in violation of Section 281-41(a) of the Hawaii
<br />Revised Statutes, as amended. In this case, Chair and members of the Board, this is a
<br />formal hearing, a contested case pursuant to the Hawaii Revised Statutes, Chapter 91. The
<br />Department at this time requests that the Board proceed by default to an Alternative III hearing
<br />because no answer was received from the licensee after diligent efforts were made to notify
<br />the licensee of today's hearing.
<br />And, as I've already made the record clear, no one is present today in response to the
<br />complaint and accusation here at this time. In this case, the Department is asking that the
<br />Board proceed with this case even in their absence following a finding after I establish to you
<br />that the licensee received proper notice as required by law and the Board's rules, specifically
<br />pointing your attention to the Liquor Adjudication Board Rule 1.8(D)(3), which is titled, "Notice
<br />MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 4, 2025 - HILO PAGE 16 OF 29
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