2011-06-06 WINDWARD TRANSCRIPT ANDERSON

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provided you donate 20%. And, you know, staff went and got the Webster's over both, the Webster's and the Wikipedia. Gosh, I'm not sure if Wikipedia is a good source. But the definition of concert, and so I’d just like to read this, you know, “A public musical performance in which a number of singers or instrumentalists or both participate. Concert is a live performance before an audience. Regardless of the venue, musicians usually perform on a stage. Informal names for a concert include show and gig.” I think that this, thank you staff, but I don't think that this is that helpful. Because what we had talked about was that if you were having the farmers market and you happen to have some music playing at the farmers market, then the draw was the farmers market but not the musicians. But that if you had an event where the big draw or the main focus of the event was the musical performance or some other type of performance, then that basically became a concert. And the rationale was that that type of event was going to draw a larger crowd. And so I am very comfortable with the language Mr. Anderson has proposed as the clarification, because it is really an end run around the prohibition on concerts. Now when I looked at the advertisement for the hoe down, it doesn't say, you know, $45, great barbecue, dinner, vendors, dah, dah, dah, dah, dah and some dinner music, you know, performed by so-and-so. You look at that poster, it's the band. The part about having a barbecue dinner is in a tiny, tiny print, that the dinner is not the focus. It is like when I go to a Polynesian review in Waikiki, hey, dinner is included; but the event isn’t the food. The event is the show, that's the draw. That's why I forked down $45 or $60 to go see, I think the last time I went to a luau at a hotel it was $60. And I am telling you the meal wasn’t worth $60. I was paying $60 for the show. That was the attraction. And I thought we were clear, you know, in the discussions that the primary draw, the event couldn’t be the music. The music could be an accessory, it could be a smaller part. And I think the example that I used, which had dated myself, was that, you know, years ago they would announce Sons of Hawaii is playing at a hotel, and, hey, we drove over to the other side of the island to watch the Sons of Hawaii. Now the price of admission might, you know, include something else, but the draw was going to see the performance. The draw wasn’t the meal that you would have. And so that was my concern when we saw the poster, that the draw here was the band. I understand their need to raise money and stuff, and to bring people in. But, hey, I go to all kinds of steak fries, I go to barbecues, I go to auctions, you know. And we had provided a specific exemption for Relay for Life recognizing that Relay for Life had unusual hours, that it did have music that would play in the evening, and we understood the nature; and we provided a specific exemption for them. But we were trying to balance the concerns of the police, I think we even had comments possibly from State DOT, and as well as the neighbors. And it really was geared more towards the issue of the traffic. Because noise you can control. It was traffic. And so I have some concern about defining it as the donation. Because also how do I enforce that? I’m going to have a Paniolo Hoe Down, I’m going to have a nine-time winning grammy group come and perform. Then in order for me to enforce this special permit, I’ve got to ask for their books to see whether in fact they donated 20 percent of the money to someone to determine whether it’s a fund- raiser or whether it’s not a concert. And that becomes very difficult cause then I’ve got to demand the books of the nonprofit and I’ve got to demand the books of the event in order to determine whether it is or is not compliant with the rule. So I think from an enforcement angle it becomes very difficult for me. 17 EXHIBIT A