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DOMINGO: Yes. I would so move that the functions will not include tourism activities. <br /> <br />KERN: Tourism related activities? <br /> <br />DOMINGO: Yes, tourism related activities. <br /> <br />KERN: Is there a second? <br /> <br />MECKLENBURG: I think the declaratory ruling or the request by the petitioner is to clarify what <br />tourism related activities means, for purposes of that Condition No. 6. <br /> <br />KERN: Is there a clear definition of that from staff or the Planning Director? <br /> <br />LEITHEAD TODD: My recollection is that during the discussion on the special permit there was <br />some discussion that something like a, you know, luau, you know, with a Polynesian show that’s <br />regularly scheduled would be tourism related. You know, cause the intent was to have special <br />occasional events; and it was, I think, geared more towards, you know, local community events as <br />opposed to something where – if you think of, I think Kahua Ranch has these events that they bus <br />tourists in from the hotels for, you know, and it’s marketed to the hotels. And I think the intent was <br />that this was supposed to be community based as opposed to being marketed towards the tourists. But <br />it becomes very difficult to define, you know. And so I think you have to look almost at the nature of <br />the event. But the restriction on tourism related events is already in the special permit, if I recall <br />correctly. <br /> <br />KERN: Yeah, it is. <br /> <br />MECKLENBURG: And I, again, would advise the Commissioners that what a declaratory ruling can <br />do is only to advise as to the applicability of that provision to a certain factual circumstance. And in <br />this case we don’t really have a particular factual circumstance. It sounds like, you know, one of the <br />things that was raised was a luau. But I’m not sure that’s the only circumstance in which that would, <br />this provision would be implicated. So unless Commissioners have a strong feeling about that, I don’t <br />know -. <br /> <br />KERN: Well, I have something to add too. Basing off the Director, what she was saying is, I mean I <br />think there is a big marketing element in the tourism related activities. If you’re going to country <br />market and a tourist happens to stop by you can’t say, brah, leave the market cause you’re a tourist. <br />But if it’s marketed specifically to hotels or to, you know, tour busses showing up, that might be a way <br />to define it or clarify it. <br /> <br />ONO: I need some clarification. It’s, to me the activity that is being offered is a definition of a tourist <br />activity. For example, if you have a farm land and you’re just planting ginger, that’s not a tourist <br />activity. But if it draws in, like if I go to Waimea and I want to ride a horse, as far as I’m concerned <br />because of that activity I’m a tourist even if I’m a resident of the county. So whatever activity is being <br />proposed, like he runs an equestrian, I’m assuming that I could go there and say I want to ride a horse <br />for an hour or so, whatever. The activity is what draws me to that location. And for us to define <br />tourist related activities by the busload is, that’s just the individuals coming there. Why are we <br />denying that group or that busload of people to participate in an activity that I myself going there can <br />do? I have a difficult time restricting in my mind, restricting someone from participating in an activity <br />that I am privileged to participate in because I am not labeled a tourist. That really, I am hung up on <br />that. I hope I am getting my thoughts across here, but –. You know, if you have a factory that <br />produces aloha garments and by the busloads people come in, is that a tourist activity? However, as an <br />11 <br /> EXHIBIT A <br /> <br /> <br />