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Wigzell: Sure, yeah I saw that. Yeah, I have no problem, you know the inspectors have
<br />always been good and fair with us. But anyways, we're very sorry it happened, it won't happen
<br />again.
<br />Fuke: Okay, thank you very much. Ms. Frenz, could you please provide the Department's
<br />recommendation for penalty?
<br />Frenz: Yes, Chair, and I appreciate the clarification because it was going to be something
<br />was going to clarify as well, that there appeared to be a potential disconnect. So, I'm glad
<br />it's been clarified, and I think that the licensee has indicated by way of his stipulation here,
<br />Alternative II, and his commentary this morning that they're reeducated on the mistake that
<br />occurred. You know, if you're on duty, you're on duty, which I think is the point, right?
<br />And I think that the licensee understands that that's been thoroughly flushed out and clarified
<br />here today because the employee was in fact on duty at the time that the drink was already
<br />prepared for her, whether she consumed it or not is yet to be known. With that in mind and
<br />that clarification, the Department is seeking a $500.00 fine in this case, it would be payable
<br />within 30 days. That fine recommendation is in line with previous violations of the same
<br />nature. They have had their license for quite some time, while they have had other violations,
<br />they haven't had any violations within the last 5 years, a similar violation of this nature, it's
<br />been over 20 years since that has occurred. So, as he indicated here today in taking
<br />responsibility, they generally do well in this department so to speak, and I'm sure that
<br />this indiscretion and this misstep won't occur again. So, that is the Department's
<br />recommendation, $500.00 fine within 30 days.
<br />Fuke: Okay, Mr. Wigzell, you've heard the recommended fine, you have any comments to
<br />that?
<br />Wigzell: Well, I would just like to, the horse at the mercy of the of the Board is you know,
<br />times have been kind of tough and kind of slow and I just, I guess I'm just not sure the penalty
<br />fits the crime or whatever, but I just like to ask if there could be any leeway on the monetary
<br />fine?
<br />Fuke: Okay, any comments from the Board on the fine?
<br />Davenport: I'm actually in favor of a little bit of leeway, I mean you've been in business
<br />for a long time, it seems as though you know you mind your P 's and Q 's. You know things
<br />happen, and we're not all in control of everybody else 's actions, so I think a little bit of leeway
<br />would be nice.
<br />Wigzell: Thank you.
<br />Fuke: Any other comments?
<br />Hughes: I'd agree with the Ceci. We're talking two minutes of somebody that wasn't clear on
<br />the rule. There should be a penalty though because there was a violation, but you do have a
<br />good track record and a long history, so I'm in favor of some type of a reduction.
<br />Wigzell: Thank you.
<br />Raymond: Chair, can I ask for clarification from the Department?
<br />MINUTES - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, AUGUST 21, 2025 - KONA PAGE 7 OF 25
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