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saw barbecue dinner, Asleep at the Wheel, come get your table, come get your grinds, this is good <br />music, a little bit less like a concert to me. Go ahead, Julie. <br /> <br />MECKLENBURG: I think we should get a motion on the floor before you to proceed with discussion <br />at this point. Do any Commissioners have a motion? For purposes of discussion, you can start with <br />the definition that was suggested by the petitioner if you don't have another one, and that will at least <br />open discussion at this point. <br /> <br />KERN: So I’m ready to take a motion. <br /> <br />DOMINGO: Mr. Chairman? <br /> <br />KERN: Commissioner Domingo? <br /> <br />DOMINGO: At the risk of trying to separate that which is considered a fund-raiser or a concert, as <br />suggested by our counsel, I would lean upon the definition submitted to us by the applicant. <br /> <br />KERN: Is that a motion? <br /> <br />DOMINGO: Yes. <br /> <br />KERN: So you make a motion to define that as being, define concert as being the language submitted <br />by the applicant, is that correct? <br /> <br />DOMINGO: Yes. <br /> <br />KERN: Okay. Is there a second? Anyone? <br /> <br />ISHIBASHI: I will second. <br /> <br />KERN: Thank you. Motion has been moved and seconded. Now we can have some discussion. <br /> <br />MECKLENBURG: So to clarify again, the petitioner has suggested that it be a music event that is <br />promoted by a company, group, or an individual that does not donate a minimum of 20% of gate <br />proceeds to a 501(C)(3) Hawai‘i state nonprofit or local family in need. And so a concert would <br />include that, and it would be defined based on donations of gate proceeds. So it’s now open for <br />discussion. <br /> <br />KERN: Madam Director. <br /> <br />LEITHEAD TODD: I’m very uncomfortable with that particular clarification because instead of <br />defining the concert it is like any, you can have anything as long as 20% is donated to a nonprofit. <br />And that is not what the special permit says. The special permit says no concerts. It doesn't say you <br />can have a concert if you donate 20% of the proceeds to a nonprofit. And so this definition allows you <br />to have a concert so long as you donate 20% of the proceeds. And that is not what is in the special <br />permit. That essentially becomes an amendment of the special permit and allows a concert to be held <br />16 <br /> EXHIBIT A <br /> <br /> <br />