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501(C)(3) Hawai‘i nonprofit or local family in need, then the event is considered a fund-raiser not a <br />concert. Number two, tourist related activities be defined as a regularly scheduled function, show, <br />example, weekly Polynesian luau show for example, marketed solely for the visitor industry. And then <br />lastly he had requested clarification regarding the term weekend. And there is a definition that is <br />supplied with that. With that that concludes our presentation. <br /> <br />KERN: Any questions for staff? I have a quick question. What is the general description of the <br />weekend in the past? <br /> <br />DARROW: I don't think, as far as I can recall, that issue ever coming up. So this would be something <br />that I would defer to our Planning Director. <br /> <br />KERN: Thanks, Jeff. Do you have anything you want to add to that? <br /> <br />LEITHEAD TODD: No. I think you probably need to discuss among yourselves. And, you know, the <br />permit does say no concerts. And so the question is what is the definition of a concert? The particular <br />event in question that had become an issue, it appeared that the main attraction was the band that was <br />going to play. And so there was concern that that was a concert. Cause I think when we had the <br />hearing we had discussions that you could have an event and you could have musicians at the event so <br />long as they weren’t essentially the event. And so it's like you can have a, like they talked about <br />political fund-raisers. You know, you have a political fund-raiser and you've got some music added. I <br />don’t think that we thought that that was necessarily a concert per se. But I have seen political fund- <br />raisers where the main event is coming to hear the music and they are selling it as a, basically as a <br />musical concert in order to raise money. So rather than end up in a situation where we issue notices of <br />violations, have those violations appealed to Board of Appeals and have Board of Appeals interpreting <br />what the permit says, we thought it was better for the Planning Commission that issued the permit to <br />give us a declaratory ruling, and to the applicant, as to what it means so that there is more clarity. <br /> <br />KERN: Thanks, BJ. And on the weekend issue is there, in the past when there were permits issued <br />saying that, you know, specifically on the weekend, is there a –? <br /> <br />LEITHEAD TODD: I think you can take what is commonly understood concept of weekends; and it is <br />usually from, I would say, you know, Friday, Saturday, Sunday -. <br /> <br />KERN: Okay. <br /> <br />LEITHEAD TODD: You know, where close of work on Friday till the evening on Sunday would be <br />what people would consider a weekend. And that's just my common sense application. But you folks <br />can discuss that because it is ultimately your determination. <br /> <br />KERN: Thank you, Madam. Director. All right, any other questions? Seeing none, could I get the <br />applicant or their representative to come forward. <br /> <br />ANDERSON: Good morning. <br /> <br />KERN: Good morning. I'll get you sworn in real quick. Would you please raise your right hand. Do <br />you affirm to tell the truth today before the Windward Planning Commission? <br /> <br />ANDERSON: Yes. <br /> <br />KERN: Very good. Before you begin, name and district. <br /> <br />ANDERSON: Brian Anderson. This property is in Hamakua, on the border of Kamuela. <br />3 <br /> EXHIBIT A <br /> <br /> <br />