2011-06-06 WINDWARD TRANSCRIPT ANDERSON

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individual and I have a sedan and I go there with my wife and myself, am I privileged to participate in touring that facility because there are only two of us and I’m a resident of the state? I do suspect that we are, I hate to use this word, but discriminating a group of people from participating in an activity that should be offered to everybody? KERN: Right. And that is why I say maybe it is in a marketing element if there is going to be some sort of -. You know what I mean? Cause if you just say, hey, we have a garment factory here, and people are welcome to come in there, and whether a tour bus comes in there and does it or you come in there with your family and go there, well, that's cool. Now if you have brochures at every single hotel and you’re primarily getting 99% of your business, and that is a major part of your business to get those tourists in there to support your business, that element of that to me becomes a tourist related activity. ONO: But do we deny the activity because it is going to be defined as a tourist activity? One of the things I suspect, for example, I just saw a video of a salt processing program in Kauai where they do the red salt making. I, for an individual, I sure would like to see that because it is a cultural experience for me to learn that. But if I come with a busload, am I going to be denied that experience because I am living in a hotel and that happens to be there and it’s for me convenient to go there? KERN: Well, I almost think we’ve got to almost flip because right now it says there are no tourist related activities, period. That’s what the condition states right now, that there are no tourism-related activities defined or allowed. MECKLENBURG: Right. And it doesn’t say that tourists shall not be permitted to attend activities. KERN: They can come to a hoe down or whatever, you know, if there’s a country market. MECKLENBURG: Slightly different, but I think the distinction is between a community sort of activity like a farmers market or a hoe down that attracts a lot of people within the community versus a tourist related activity such as a luau. These are the examples that have been given today, where brochures are handed out to hotel guests along, you know, the Kohala Coast or somewhere and then those tourists are the ones who want to come see the luau; and it is primarily directed to them. I think that's the clarification that is being asked for. And it seems from the discussion here today that the petitioner may be correct that there is some ambiguity here that could be resolved. KERN: Anybody has any brilliant wording to clarify that condition? Commissioner Domingo? DOMINGO: Let me try again. I think an event specifically organized to bring tourists together with organized kind of activities that would address what tourists usually would like to be involved in and would like to see when they come to Hawai‘i. Like for instance you provide for them a luau, yeah, or you provide for them other activities like for instance let's say the Polynesian Cultural Center, or there is another entity in Honolulu that also provides similar kinds of activities, if it’s specifically geared to address those kind of, that particular group, then I’d say it is tourism oriented. Other than that, like for instance, like Commissioner Ono stated, okay, you have an event and tourists come, you have tourists come in u-drive cars, they come in vans and buses. But however they come, it is not specifically 12 EXHIBIT A