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2011-06-06 WINDWARD TRANSCRIPT ANDERSON
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2011-06-06 WINDWARD TRANSCRIPT ANDERSON
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KERN: Okay, so the motion has been amended, changed, and seconded. So we’re still up for <br />discussion. <br /> <br />ONO: Yes. <br /> <br />KERN: Commissioner Ono. <br /> <br />ONO: My understanding of this discussion is that, one, we have to consider that there is to be no <br />concert, period. That’s a given. <br /> <br />KERN: That’s a condition. <br /> <br />ONO: That’s one of the conditions. So all of this discussion as to what amount of time is devoted to <br />music or the live music portion is still a concert if the performers spend more than whatever, the <br />incidental time. I guess what my concern here is that if, what did you say, Sons of Hawaii were to <br />come there and they performed for two hours, for me that’s a concert. And if that’s the only activity <br />then that’s a concert. <br /> <br />KERN: Absolutely. <br /> <br />ONO: Even if the money is given to a nonprofit activity, that is still a concert; and that’s in violation. <br />Okay? <br /> <br />LEITHEAD TODD: Uh huh. <br /> <br />ONO: If the Sons of Hawaii came and performed for 20 minutes and that primary program activity is <br />for that whatever, that marathon run thing, then I can suggest that it is incidental to the primary <br />activity. So I guess I’m confused here why are we discussing the length of time or the percentage of <br />profit money given? <br /> <br />KERN: We’re not anymore. <br /> <br />ONO: We’re not? <br /> <br />KERN: That has been changed. <br /> <br />ONO: Okay. <br /> <br />KERN: To the last definition given to us by Julie. <br /> <br />ONO: Okay. <br /> <br />KERN: Which is basically saying that it cannot be billed as a stand-alone music event. If the music is <br />incidental to, let’s say if the Sons of Hawaii were there but it is being ticketed, it is billed and sold as a <br />steak dinner, maybe a keynote speaker, and then the Sons of Hawaii were going to play while this was <br />going on for two hours, that’s not a concert. That is music being incidental. It’s good music, you can’t <br />19 <br /> EXHIBIT A <br /> <br /> <br />
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