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HomeMy WebLinkAbout2017-03-02 Liquor Commission Minutes COUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MARCH 2, 2017 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII I. Call To Order The meeting was called to order by Chairperson William Takaba at 10:00 a.m., in the Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. The following members were present and constituted a quorum: William Takaba, Chairperson Art Taniguchi, Vice Chairperson Claude Onizuka, Commissioner David Greenwell, Commissioner Donn Mende, Commissioner Dwayne Mukai, Commissioner Shelby Nahale-a, Commissioner Stephen Lopez, Commissioner Absent and excused: Leina'ala Enos, Commissioner Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Gail Fujimoto, Licensing Officer Stacie Waltjen, Licensing Technician Kayla Okimoto, Student Helper Mary Makua, T/A Secretary to the Board & Commission Takaba: Can you all silence cell phones. If you have cell phones, please put them on silent. Takaba: Can we start by self-introductions, start from you. Okimoto: Hi, my name is Kayla Okimoto and I'm initially an intern. Fujimoto: I'm Gail Fujimoto, Licensing Officer. Takase: I'm Gerald Takase, Director. Onizuka: Claude Onizuka, Commissioner. Mukai: Dwayne Mukai, Commissioner. Taniguchi: Art Taniguchi, Commissioner. Takaba: Bill Takaba, Commissioner. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 1 Masuda: Craig Masuda, Deputy Corporation Counsel. Nahale-a: Shelby Nahale-a, Commissioner. Mende: Donn Mende, Commissioner. Greenwell: David Greenwell, District 9, Commissioner. Makua: Mary Makua, T/A Secretary to the Board & Commission. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. Takaba: Okay, thank you. Good morning everyone. Waltjen, Taniguchi and Lopez arrived. II. Approval of Minutes (February 2, 2017) Takaba: The February 2, 2017 minutes were circulated via email and mailed on February 23, 2017. Can we have approval? Taniguchi: Motion to approve. Mukai: Second. Mr. Taniguchi moved that the February 2, 2017, Liquor Commission minutes, which was circulated via e-mail and mailed on February 23, 2017 be approved; seconded by Mr. Mukai. Takaba: Moved and seconded. Any discussion? Hearing none. Takaba: All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: There is no Addendum or Supplemental Agenda so we'll move on to Public Statements. III. Addendum and/or Supplemental Agenda None MARCH 2, 2017- LIQUOR COMMISSION MINUTES 2 IV. Public Statements on Agenda Items Takaba: Do we have any public statements? Takaba: If none, we will move on to Public Hearings. There was no reply from the public. V. Public Hearings Takaba: We have four items. First item is Item No. 16-17, Fumi's Kitchen, LLC, dba Fumi's Kitchen, for an original Restaurant General liquor license. 1. Application No. 16-17 Fumi's Kitchen, LLC, dba Fumi's Kitchen, for an original Restaurant General liquor license, Category B2, located at Ali`i Sunset Plaza, 75-5799 Alii Drive, Building A, Suite 7, Kailua-Kona, Hawaii, TMK: 7-5-009:030. Ronald Ow, owner of the LLC was present. Takaba: Can you identify yourself and your relationship to the business. Ow: Ronald Ow, sole member/owner of Fumi's Kitchen. Takaba: Do you have any changes to the report you submitted? Ow: No. Takaba: No, can you just briefly describe your business. Ow: Family style dining, the cuisine is Pan Pacific Asian. Takaba: Ok, Mr. Director any protests? Takase: Mr. Chairman, the applicant mailed 5 out of 5 notices within 100', 451 out of 456 within 500' and 3 notices to condominium or cooperative department managers. There were 306 properties entitled to protest. We did receive 8 protests to this application. Takaba: Okay, thank you. Takaba: Do we have anyone from the public who wishes to testify? Takaba: If none, do we have any discussion for the Commission? Taniguchi: We make a motion first? Takaba: It's discussion. Somebody can make a motion. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 3 Mukai: We can close. Taniguchi: Should we make a motion first and then discuss. Takase: Yeah well. Taniguchi: Discuss. Mukai: I make the motion to close the public testimony so that we can move on a motion to approve. Takaba: Second here? Taniguchi: Second. Mr. Mukai moved that the public hearing on Application No. 16-17 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Any discussion? Takaba: Hearing none. Takaba: All those in favor say"Aye." Takaba: The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition from the Commissioners. Mukai: Mr. Chair, I move that we approve Application No. 16-17. Takaba: Motion carried, yes? Mukai: But I moved that we approve Application No. 16-17. Onizuka: Second. Mukai: Thank you. Takase: Ok. Takaba: Okay, any discussion? Takase: Mr. Chairman, members of the Commission, Ron Ow and I had a chance to meet with the condominium owners next door to them last week Tuesday. Ow: It was their Board of Directors. Takase: It was a chance for them to express their concerns and primarily their concerns were, think, misinformed by one of their resident. If you're familiar with where his location is, I'll call it MARCH 2, 2017— LIQUOR COMMISSION MINUTES 4 generally like Kona Coconut Grove Complex, but he's not actually in Coconut Grove, he's in the... Ow:Ali`i Sunset Plaza. Takase: Ali`i Sunset Plaza. The condos are Alii Kai Condo. Ow:Alii, Kona Alii. Takase: Kona Alii Condo sits right next to Saint Michael's Church and that's Kona Alii Condos, then Sunset Alii Plaza, and then just south of that is Coconut Grove. So a lot of the complaints or criticisms were directed at activities that were happening at Coconut Grove. They were talking about loud music at night, the police being called to the parking lot cause they say it's ... it's a little hard to distinguish which complex says which, but those I think were determined were mostly coming from the Coconut Grove Complex and not really from his area per say. They did have some problems in the past with the previous licensee when they would have karaoke at night and they would, I guess, not run their air conditioners so they were opening their doors and things. I think that was solved previously so the big question for them is that he is asking for live entertainment and dancing. Ron, maybe you can explain to the Commission. Ow: I explained last time, but it's more popular during the holidays where companies or families or during graduations where they would rent out my restaurant and do a buffet and usually you know with the locals they'll bring an ukulele or some instrument and someone will start playing and then someone's doing hula so that's why I applied in case an inspector were to come in at the time and then saw somebody dancing I thought I'd be covered, but the condominium thought it was going to be a night club, similar to what's at Coconut Grove. I assured them that it would not be. That was one of their main concerns and then when they came down and I spoke to about a half dozen of them before I spoke to the Board, they all left having their concerns addressed. They saw that it was a family style restaurant, family pictures on the wall. There's nothing as far as a dance floor. It's a small operation; it's not big like Laverne's or some of the other places at Coconut Grove. Takaba: Okay. Yes. Takase: So the letter you see before you is what they still wanted to submit, for the Commission's approval. I told them that as far as the Department, we would not be recommending conditions on the license. At this point in time, we are aware of their concerns and we will monitor them, but I really don't feel that's it is going to become a concern and I don't want to artificially impose conditions on them that have not been a concern and the condo owners understand. I told the residents they were free to submit something and that's what we have before you. Ow: I'm sorry, at the meeting we agreed 10:00 verbally, but Gerald pointed out to me that we're not ... that's when my restaurant closes and that's when I want to give my dinner patrons, if they're dining on the lanai, time to clean up. That's why I mentioned 10:00, but I don't know if I can have that. Takaba: Good, okay? Taniguchi: See if anybody has questions first. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 5 Mukai: Director Takase, the protest letters basically were all from this condominium? Takase: Yes. Mukai: They all in, okay. Taniguchi: So my question is this. Other lady that protested, the one that's in the file, she refers to six properties or seven properties. Takase: She owns six. Taniguchi: Six? In that condo? Takase: Yes. Taniguchi: So she refers to calling the police and that kind of stuff in her letter. Is that true and have we had any complaints? Is it the previous licensee? Takase: I don't' know. We haven't had any calls on the property. You know she is a nonresident. Taniguchi: Yeah, she lives in California. Takase: California. I think she just knows that it's going to be from out there somewhere but we have not had any calls for this. We did receive a couple of calls about the previous owner but we talked to them and took care of it. They were complaining they had lots of complaints. You know Lava Java farther down, but if you're familiar with the area, it's not, I wouldn't call it a night club area you know just adjacent to them yes, but for what Ron is proposing and we met at this place and I told him it's too small to be a night club and I think they were satisfied looking at his place and talking to them about his operation. That's why they kind of withdrew their protest and they are willing to wait and see what happens. Onizuka: Mr. Chairman, I'm a Commissioner from Kona. I'm familiar with this area and the previous administrations, Liquor Commission and Board have addressed some of these problems. I think we should approve this license without conditions and if there is a problem then we'll address it later on. But I think a lot of the problem is the people within that condominium or in that area. They are in a resort area and when they bought that property or whatever they knew they were in a resort area and music entertainment comes with that resort area. It's not an unreasonable hour, like 10:00 or whatever, you know, and so I think we should proceed with this license without restrictions and if there is a complaint, we'll address it later on. But this is an ongoing problem in that area. Takaba: Anybody else. I'd like to mention that David asked to be recused from voting for this item. I mean for this particular application so I just wanted to let the Commission know that was his request. Taniguchi: You accepting? You accepting his request? Takaba: Yeah, thank you. Mukai: Chairperson. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 6 Takaba: Yes. Mukai: One question for the applicant. Knowing that some of the concerns are about live music and your doors will be open, in the event that you have a family gathering and the braddahs and sistahs bust out the ukuleles and stuff, you plan to leave the doors open or you plan to close the doors? Ow: The doors will be closed. I actually researched that. I found out that the previous ... well when it was a karaoke ... Mukai: Yeah. Ow: Karaoke license there. It was a Mr. Kim that owns the ice house in Kona, but he told me that it would save him electricity if we turned off the A/C and opened the doors. I won't do that. If there are any families or anyone on the lanai, they'll be instructed that at 10:00 everybody has to, before 10:00, everybody has to come in. Mukai: Thank you. Ow: And the doors will be closed. Mukai: Thank you. Takaba: Anything else. Anybody else. Takaba: Okay, the motion on the floor is to approve Application 16-17. Taniguchi: Second. Mr. Mukai moved that Application No. 16-17, Fumi's Kitchen, LLC, dba Fumi's Kitchen, for an original Restaurant General liquor license, Category B2, located at AIN Sunset Plaza, 75-5799 Ali`i Drive, Building A, Suite 7, Kailua-Kona, Hawai`i, TMK: 7-5-009:030, be approved; seconded by Mr. Onizuka. Takaba: It's already been seconded. Takaba: So vote. Yeah, those in favor say "aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously Mukai: Thank you very much. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 7 Ow: Thank you. Mukai: Good luck. Takaba: Moving on to Application 16-18. Masuda: Bring back Greenwell. Takase: We are bringing David back. Mukai: Welcome, welcome back. Takaba: Welcome back David. We are allowing you to vote now. Okay, thank you Craig. Okay, Application 16-18. Takase: Mr. Chairman, can we pass them for now. Takaba: What's that? Masuda: Pass number two. Takase: They are not here yet. Takaba: Okay we're going to pass on that one. Application No. 16-19, Play Earth Hawaii LLC, dba Bohemian Kona, for an Original Dispenser General liquor license. Can the applicant please come up if you're here. Nahale-a: I'm sorry what's the business name? Takaba: Excuse me. Nahale-a: Oh. Taniguchi: Play Earth. Takaba: Play Earth. Nahale-a: You know what, my bad. 2. Application No. 16-19 Play Earth Hawaii LLC, dba Bohemian Kona, for an original Dispenser General liquor license, Category B1, located at 79-7384 Hawaii Belt Road, Kealakekua, Hawaii, TMK: 7-9-007:006. Azusa Okajima, Representative, was present. Takaba: Can you identify yourself and your relationship to the business. Okajima: Yes, my name is Azusa Okajima. I'm representing Play Earth Hawaii, dba Bohemian Kona Restaurant. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 8 Takaba: Okay, thank you. Do you have any changes to the report that was submitted? Okajima: No. Takaba: Okay, can you describe the business. Okajima: It's Asian fusion restaurant with a bar. Takaba: Okay, thank you. Director Takase. Takase: Mr. Chairman, the applicant mailed 10 notices out of 10 within 100', 35 out of 35 within 500'. There were 35 properties entitled to protest. There were no protests to this application. Takaba: Okay, thank you. Does anyone from the public wish to testify? Takaba: None. Do we have any discussion before somebody makes a motion? Lopez: No. Mukai: Mr. Chair, I move that we close the public testimony. Takaba: Do I hear a second? Lopez: Second the motion. Mr. Mukai moved that the public hearing on Application No. 16-19 be closed; seconded by Mr. Lopez. Takaba: Moved and seconded that we close the public hearing. Takaba: Discussion? Takaba: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." Takaba: Motion carried. The motion was carried unanimously. Takaba: Do we have a second motion? Mukai: Mr. Chair, I move that we approve Application No. 16-19. Taniguchi: Second. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 9 Mr. Mukai moved that Application No. 16-19, Play Earth Hawaii LLC, dba Bohemian Kona, for an original Dispenser General liquor license, Category B1, located at 79-7384 Hawaii Belt Road, Kealakekua, Hawaii, TMK: 7-9-007:006, be approved; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve Application Number 16-19. Takaba: Any discussion? Takaba: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." Takaba: Motion carried. The motion was carried unanimously. Okajima: Thank you. Mukai: Thank you very much. Good luck. Takaba: Okay, moving on to Application T16-22, Island Forager LLC, dba Island Forager General Store for a sale and transfer of the Retail General liquor license currently held by Honoka`a Enterprises LLC, dba JJ Country Market. Takaba: Good Morning. 4. Application No.T16-22 Island Forager LLC, dba Island Forager General Store, for a sale and transfer of the Retail General liquor license, currently held by Honokaa Enterprises LLC, dba JJ Country Market, located at 45-3745 Honoka`a—Waipio Road, Honoka`a, Hawaii, TMK: 4-5-008:009. Kate Smith, owner/manager was present. Smith: Hi. Takaba: Can you identify yourself and your relationship to the business. Smith: My name is Kate Smith and I'm an owner and manager. Takaba: Okay, thank you. Do you have any changes to the report? We notice that you amended your company name? Smith: Yes, name change. Takaba: Is that on file, Gerald? MARCH 2, 2017-LIQUOR COMMISSION MINUTES 10 Smith: Name and dba change. Gonzalez: Can you explain what the changes are? Smith: We've changed our name to Honoka`a Country Market. Takaba: Okay. Smith: We've changed the company name. Mukai: What is it called? Takaba: Honoka'a Country Market. Mukai: You changed your dba or you changed what you are. Smith: Both. Mukai: Both. Smith: Both the name and dba. Mukai: So it's called, what's it called now? Smith: Honoka'a Country Market. Mukai: Honoka'a Country Market. Thank you. Takaba: Okay, thank you. Can you describe the business? Smith: It is a meat market and we sell some groceries and beer and wine and stuff. Takaba: Thank you. Director Takase. Takase: Mr. Chairman, this is a transfer application. There were no notifications mailed out. However, notification was published and there were no protests to this application. Takaba: Thank you. Do we have any public testimony? Discussion? Somebody make a motion. Mukai: Mr. Chair I move that we close the public testimony. Greenwell: Second. Mr. Mukai moved that the public hearing on Application No. T16-22 be closed; seconded by Mr. Greenwell. Takaba: Moved and seconded to close public hearing. Takaba: All those in favor say"Aye." The Commissioners voted "Aye." MARCH 2, 2017—LIQUOR COMMISSION MINUTES 11 Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Shall we entertain a motion to approve or deny? Greenwell: I make a motion to approve 16-22 as it stands. Onizuka: Second. Mr. Greenwell moved that Application No. T16-22, Honokaa Country Market LLC, dba Honokaa Country Market, for a sale and transfer of the Retail General liquor license, currently held by Honokaa Enterprises LLC, dba JJ Country Market, located at 45-3745 Honokaa —Waipio Road, Honoka`a, Hawaii, TMK: 4-5-008:009, by approved; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve Application T16-22. Takaba: Discussion. There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Mukai: All right. Smith: Thank you. Mukai: Thank you. Takaba: There's one more question. Mukai: I'm sorry, one more thing. Mr. Chair. Takaba: Yes. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 12 Mukai: I move that we ratify the issuance of a Temporary License, T-RG-713, effective January 10, 2017. Takaba: Do I hear a second. Greenwell: Second the motion. Mr. Mukai moved that a Temporary License, T-RG-713, effective January 10, 2017, be issued; seconded by Mr. Greenwell. Takaba: Moved and seconded. Takaba: Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. Takaba: All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Mukai: Now you're done, sorry. Smith: Thank you. Takaba: We're okay. Mukai: Sorry, thank you. Smith: It's okay. Takaba: Thank you. Takaba: Do we have Application 16-18 representatives here? Not yet? Takase: No Mr. Chairman, they forgot the date. Takaba: Oh. Takase: That it was today. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 13 4. Application No. 16-18 Kohanaiki Shores LLC, dba Kohanaiki Club, Inc. (Brewery), for an original Small Craft Producer Pub liquor license, Category A, located at 73-2055 Ala Kohanaiki, Kailua-Kona, Hawaii, TMK: 7-3-065:064. Mr. Takase represented on their behalf. Takase: I guess we will do the report for them. They are ready to go. They just haven't received approval from TTB for their labeling, but as far as their physical plans, I think they're good so if we could approve it pending those approvals. Takaba: Did we have any protests? Takase: No. Mr. Chairman the applicant mailed 1 out of 1 notice within 100' and 12 out of 12 within 500'. There were no protests to this application so we can approve pending final inspection. Takaba: Okay, do we have any public statements on this application? Takaba: Hearing none, can we entertain a motion? Mukai: Mr. Chair, I move that we close the public testimony. Taniguchi: Second. Mr. Mukai moved that the public hearing on Application No. 16-18 be closed; seconded by Mr. Taniguchi. Takaba: Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. Mukai: Mr. Chair. Takaba: Yes. Mukai: Move that we approve Application No. 16-18. Mende: Second. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 14 Takaba: Moved and seconded that we approve Application 16-18. Mr. Mukai moved that Application No. 16-18, Kohanaiki Shores LLC, dba Kohanaiki Club, Inc., (Brewery) for an original Small Craft Producer Pub liquor license, Category A, located at 73-2055 Ala Kohanaiki, Kailua-Kona, Hawai`i, TMK: 7-3-065:064, be approved pending final inspection; seconded by Mr. Mende. Takaba: Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. VI. Preliminary Hearings Takaba: Okay that's all for public hearings. Now we move on to preliminary hearings. We have four items, first item Application 16-24, Pahoa Productions LLC, dba Kaleo's Bar and Grill submits an application for Increase in Licensed Premises to add building #2 with balcony on adjacent lot. 1. Application No. 16-24 Pahoa Productions LLC, dba Kaleo's Bar and Grill, Application for Increase in Licensed Premises to add building #2 with balcony on adjacent lot, located at 15-2959 Pahoa Village Road, Pahoa, Hawai`i, TMK: 1-5-012:019. Leslie Lai, owner was present. Takaba: Morning. Lai: Good morning, I'm Leslie Lai. I'm the owner of Pahoa Productions. Takaba: Thank you. You're the owner. Lai: Yes. Takaba: Have you read the final report submitted and is that correct? You want to add anything? MARCH 2, 2017- LIQUOR COMMISSION MINUTES 15 Lai: No, that's exactly what it is. Takaba: Okay. Lai: Oh, I'm wanting to do the whole property. Takase: Actually, Mr. Chairman, the applicant is seeking to increase the licensed premises to include their entire parcel, which includes her two buildings and the parking lot area so there were some questions earlier about whether they could transit across the parking lot to the two licenses but we discussed it and we were going to license the whole area including the parking lots. There's some questions it might've been licensed already when we were looking at the old files, but just to clear it up we can go through that maneuver again. You know this will allow her to move between the two but since she does have all of that space and Pahoa's kind of in dire need of more places to go, she might even be able to offer kind of a sidewalk café area in the parking lot so we are in support of that as well. Takaba: For the Commissioner's information, page one was amended and you have it in front of you, that was handed out today. The amended information is on page one only. Anybody has questions on that amendment? Yes, David. Greenwell: Does that mean that the parking lot is private only for their patrons? Lai: Yes. Takase: Yes, they own the two buildings and the parking lot. Greenwell: So the parking lot is only for their patrons? Takase: Correct. Greenwell: Nobody else can park in there without their permission. Takase: Yes. Greenwell: Okay. Lai: And we have a parking attendant as well. Greenwell: Okay. Takaba: Does anyone else have any questions? Yes. Taniguchi: I thought you were going to ask her to describe the business. Takaba: Can you describe your business. Mukai: Trying to hurry for you. MARCH 2, 2017—LIQUOR COMMISSION MINUTES 16 Lai: We're a full service restaurant with a bar and so I'd like to use the additional building for overflow, especially since Luquin's has closed down for a while. We are so busy and we need additional space. Takaba: Okay, that's good. Yes. Greenwell: By including the parking lot then the alcohol may be dispensed anywhere in the parking lot area? Is that correct? Takase: Yes. Greenwell: From car to car? Takase: What's that? Greenwell: So from car to car means that they can serve it to those cars. This is like a Mel's Drive Inn thing? I'm not cool on how this works. Takase: No, I mean they may set up areas within the parking lot to serve so I think you know one of the things we talked about is they may set-up tables outside of the restaurant to have kind of an outside dining ambience. I don't think we're talking about car service. Lai: No Greenwell: I don't know what we're talking about. Lai: We have thought of special events where we would clear out the parking lot. Because the Akebono is not there anymore, perhaps do a concert in that area. Lopez: I guess the thing that comes to mind to me, is it possible for somebody to purchase alcohol and drive away with it? Takase: No, because they can't leave the premises with alcohol purchased there. Lopez: There are not supposed to, yeah? Takase: Unless it's resealed. You know so same like if it was indoor facility. You can't just walk out with your alcohol. Primarily at this point she's licensing the premise so she can herself transit back and forth between the two buildings ... Lopez: ... Mmhm ... Takase: ... with alcohol service, if it wasn't a licensed area you know we have to create something for her to do that or require a second bar in the second building. She has talked about it but I guess it all depends on how busy it is; if it's worth setting up a second bar on the other side. So this is kind of a way to provide her that opportunity to do that and secondly it provides an outdoor area. We have had other licensees that have licensed their entire parcel and have had bigger parties in that area when needed. Lopez: So any concern I may have about them driving away with alcohol is a non-issue. MARCH 2, 2017—LIQUOR COMMISSION MINUTES 17 Takase: Yes, because they won't. They are not going to serve it to them in their cars. They will still need to provide the same type of security or oversight as they would for any indoor operation. Lopez: Thank you. Takaba: Okay, thank you. Do we have any testimony from the public? Takaba: If none, do we have any more questions from the Commission? We'll entertain a motion. Mukai: I'm sorry. I have a question, Mr. Chair. Takaba: Yeah. Mukai: More of a procedural question. You know the notices that were sent to the surrounding businesses, did they include the parking lot, the one with the entire tax map key, just for procedural purposes. Onizuka: The tax map key. Takase: Yes, they did. Mukai: They did. Okay, thank you. Okay Mr. Chair. Takaba: Yes. Mukai: I move that we approve Application No. 16-24, and if so approved, then the public hearing be held on May 4, 2017 here in Hilo, Hawaii. Taniguchi: Second Mr. Mukai moved that Application No. 16-24, Pahoa Productions LLC, dba Kaleo's Bar and Grill, for an Increase in Licensed Premises to add building #2 with balcony on adjacent lot, located at 15-2959 Pahoa Village Road, Pahoa, Hawaii, TMK: 1-5-012:019, be approved; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve, if approved the hearing will be held on May 4. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 18 The motion was carried unanimously. Takaba: Okay, thank you. 2. Application No. 16-25 Low's Corner LLC, dba Low Store, for an original Retail General liquor license, located at 28-1099 Old Mamalahoa Highway, Pepe'ekeo, Hawaii, TM K: 2-8-016:029. Jana Soli, Part Owner of LLC was present. Takaba: Okay, moving along to Application No.16-25, Low's Corner LLC, dba Low Store, for an original Retail General liquor license. Can you identify yourself and your relationship to the business. Soli: Yes, my name is Jana Soli and I'm one of the LLC owners and I'm representing the business. Takaba: Thank you. Takaba: Have you read the report and is it satisfactory? Do you have any changes? Soli: I think the change may already have been made. I just needed the address to say 1099. I think that was already done. That was the only one. Takaba: Okay, thank you. Takaba: Can you describe your business? Soli: It's like a general store, deli and fruit stand in Pepe'ekeo. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: If none, Commissioners you have any questions? Mukai: Mr. Chair? Takaba: Yes. Mukai: What type of alcoholic beverages do you plan to sell? Soli: We would like to sell hard alcohol, wine and beer; mostly wine and beer and then just a small selection of hard alcohols. Mukai: Thank you. Takaba: Any further questions. MARCH 2, 2017—LIQUOR COMMISSION MINUTES 19 Mukai: Mr. Chair, I'm sorry, another question. Takaba: Yeah. Mukai: Hang on a second, I have to look at the diagram. I had a question about the diagram. Okay, I see in the diagram provided there on number five, the proposed location of the alcohol is in the back of your store? Soli: Tentatively. We sometimes have problems so I want to make sure it's in a very high visible area. Therefore, the hard alcohol we've considered selling behind the counter but the way the fridges are right now, the cold beer would have to be sold from the back. Mukai: Oh, I see. My second question was going to say that reefer in the back, is it visible by the cashier? Just curious. Soli: No, that's a good question. I think we will have to make it visible just to ensure that there's no theft back there. We also have video cameras and we have one of the large mirrors ... Mukai: Oh, okay. Soli: ... to prevent ... Mukai: Great, thank you. Takaba: Okay, do we have any further questions from the Commission? Mukai: Mr. Chair, I move that we approve Application No. 16-25. if so approved, the public hearing shall be held here in Hilo, Hawaii on May 4, 2017. Taniguchi: Second. Mr. Mukai moved that Application No. 16-25, Low's Corner LLC, dba Low Store, for an original Retail General liquor license, located at 28-1099 Old Mamalahoa Highway, Pepe'ekeo, Hawaii, TMK: 2-8-016:029, be approved for a public hearing to be held on May 4, 2017, in Hilo, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve Application No. 16-25 with public hearing scheduled for May 4, 2017. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 20 Takaba: Motion carried. Mukai: Thank you. Soli: Thank you. Takaba: Thank you. Okay, Application 16-26, Umeke's LLC, dba Umeke's Kuakini Center submits Application for Increase in Licensed Premises to include Unit No. 110, and Change of Category to B2, to its Restaurant General liquor license, Category B1. 3. Application No. 16-26 Umeke's LLC, dba Umeke's Kuakini Center, Increase in Licensed Premises to include Unit No. 110, and Change of Category to B2, to its Restaurant General liquor license, Category B1, located at 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii, TMK: 7-4-010:005. Miho Yoneyama, representative was present. Takaba: Morning. Yoneyama: Good Morning. Mukai: Morning. Yoneyama: This is Miho Yoneyama on behalf of Umeke's LLC, dba Umeke's Kuakini Center. Takaba: Okay, is the application correct? You want to make any changes? Yoneyama: Not that I know of. Takaba: Okay. Takaba: Can you describe the business? Yoneyama: This is a Restaurant General catering for Hawaiian food and the fish market and they currently hold B1 with the music now. They want to increase the square footage; right now it's about 3120 square feet. Double that square feet and change the category to include live music and dancing. Lopez: It's a big increase, yeah Yoneyama: Yeah. Lopez: Oh, okay. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Hearing none, Commissioners questions? Motion? MARCH 2, 2017-LIQUOR COMMISSION MINUTES 21 Lopez: Question. Takaba: Yes. Lopez: Is this going over where Amici's is? Yoneyama: Excuse me? Lopez: Amici's Restaurant. Are they going around the corner? Takase: No. They're going the other way actually. There was a gym, if you look at this picture. Lopez: I see it. Takase: This is a door for Umeke's now. Lopez: I see it. Takase: Amici's was on this side. They're actually going this way. Lopez: They're going that way, okay, so you doubled your square footage. Mukai: Chair. Lopez: Thank you. Takaba: Yes, Mr. Mukai. Mukai: Miho, I have a question. Yoneyama: Yes. Mukai: I noticed the adjacent building, the adjacent space. Are there going to be a pathway, breezeway between the two spaces or is the wall entirely coming down? I'm just questioning where they going actually, how it's going to be logistically, how it's going to be run. Cause right now, I'm assuming there's a wall between the two locations, yeah. Are they going to cut open a breezeway? Takase: Chair, I can answer. We asked the applicant that and they don't currently have plans to connect the two buildings, so it's going to be used as kind of either overflow space or for private parties. Mukai: Wow. Takaba: Any further questions? Motion anyone? Mukai: I guess one of the concerns, more a statement, so they don't plan to have a breezeway or a pathway between. They plan on carrying the food out the front door to the other front door? And alcohol beverages too? MARCH 2, 2017- LIQUOR COMMISSION MINUTES 22 Takase: Yeah, or they may set up a bar on that side. From what we understand, right now it's really more for special functions. Mukai: Banquet facilities. Onizuka: There's a bar in the corner. Mukai: Yeah, oh okay. Takaba: If no other questions, will somebody make a motion to approve or deny? Mukai: Mr. Chair, I move that we approve Application No. 16-26, and if so approved, Public Hearing to be held here in Hilo again on May 4, 2017. Taniguchi: Second Mr. Mukai moved that Application No. 16-26, Umeke's LLC, dba Umeke's Kuakini Center, Increase in Licensed Premises to include Unit No. 110 and Change of Category to B2, to its Restaurant General liquor license, Category B1, located at 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii, TMK: 7-4-010:005 be approved for a public hearing to be held on May 4, 2017, in Hilo, Hawai`i; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve Application 16-26, public hearing to be held on May 4 in Hilo. May 4, 2017. Takaba: Any discussion? There were no further discussions from the Commissioners. Takaba: Hearing none all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Mukai: Thank you. Yoneyama: Thank you. Takaba: Thank you. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 23 Takaba: Okay, the last Application is 16-27, Lehua Lani LLC, dba Kona Town Market for an original Retail General liquor license. 4. Application No. 16-27 Lehua Lani LLC, dba Kona Town Market, for an original Retail General liquor license, located at 75-5909 Walua Road, Kailua-Kona, Hawai`i, TMK: 7-5-018:097. Nathan Cook, Owner/Manager was present. Takaba: Can you identify yourself and your relationship to the business? Cook: My name's Nathan Cook. I'm the owner/manager. Takaba: Okay, thank you. Have you read the report and is it correct? Cook: I have and yes it is. Takaba: Okay, thank you. Can you describe your business? Cook: It's a small convenience market, a convenience store. It has fresh hot food, salad bar and also a refrigerated section. Takaba: Thank you. Do we have anyone from the public wishing to testify? There was no reply from the public. Takaba: None. Commissioners, questions? Takaba: Yes Lopez: We see the construction going on. Are you on the upper floor, bottom floor?Are you occupying the entire floor? Cook: The bottom floor. Lopez: Not all of it? Cook: Not all of it, it's a portion of it. Lopez: Okay. Cook: It's most of it. Lopez: Thank you. Taniguchi: I have a question. Just trying to figure out where it is. Where are you located? Cook: It's on Walua Road. MARCH 2, 2017—LIQUOR COMMISSION MINUTES 24 Taniguchi: Where is that? Cook: The easiest way to get to it is if you're going south on Kuakini Highway, you take a right just before Jackie Rey's Restaurant. That's Walua Road there. It curves round back towards Ali`i. Taniguchi: Oh. Lopez: You know where Hospice is? No?Aloha Insurance? Mukai: I know Jackie Rey's. Takase: It's this little road that goes down. Taniguchi: Yeah, it goes down, back down. Takase: Are you next to Na Leo TV? Cook: Yes, right next door. Actually it's a subdivided lot. They only have a part of it. Takaba: Good, any further questions? Commissioners? Shall we entertain a motion to approve or deny? Mukai: Mr. Chair, I move that we approve Application No. 16-27 and if so approved, the public hearing to be held here in Hilo on May 4, 2017. Taniguchi: Second Mr. Mukai moved that Application No.16-27, Lehua Lani LLC, dba Kona Town Market, for an original Retail General liquor license, located at 75-5909 Walua Road, Kailua-Kona, Hawaii, TMK: 7-5-018:097, be approved for a public hearing to be held on May 4, 2017, in Hilo, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve Application 16-27 with public hearing for May 4, 2017 in Hilo. Any discussion? There was no discussion by the Commissioners. Takaba: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 25 Mukai: Thank you very much. Takaba: Thank you. VII. Unfinished Business Takaba: We have no Unfinished Business so we'll move on to New Business. VIII. New Business Takaba: The first order of new business is to ratify Application for Game Permit for Playing Cards and Texas Hold'em held on February 13 and 27, 2017. Kona Lodge No. 2616, Benevolent & Protective Order of the Elks, dba Kona Elks Club. 1. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, ratification of Application for Game Permit for Playing Cards and Texas Hold'em held on February 13 and 27, 2017, approved by Director Gerald Takase on January 30, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M & N, Kailua-Kona, Hawaii. Mukai: Move to approve. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission ratify Application for Game Permit for Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of the Elks, dba Kona Elks Club, held on February 13 and 27, 2017, approved by Director Gerald Takase on January 30, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M & N, Kailua-Kona, Hawai`i; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion first? None? Takaba: All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Motion carried. Oh, anybody oppose? There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 26 Takaba: Okay, Number 2, Umeke's LLC, dba Umeke's Kuakini Center, Application for Temporary Increase in Licensed Premises located at the Kuakini Center for February 5, 2017. 2. Umeke's LLC, dba Umeke's Kuakini Center, ratification of Application for Temporary Increase in Licensed Premises, for February 5, 2017, approved by Director Gerald Takase on February 1, 2017, to its Restaurant General liquor license, Category B1, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii. Takaba: Motion? Mukai: Move to ratify. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission ratify Application for Temporary Increase in Licensed Premises for Umeke's LLC, dba Umeke's Kuakini Center, for February 5, 2017, approved by Director Gerald Takase on February 1, 2017, to its Restaurant General liquor license, Category B1, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion? There was no discussion by the Commissioners. Takaba: Hearing none, all those in favor say"Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Next item, Umeke's LLC, dba Umeke's Kuakini Center ratification of Application for Temporary Increase in Licensed Premises for February 10, 2017. 3. Umeke's LLC, dba Umeke's Kuakini Center, ratification of Application for Temporary Increase in Licensed Premises, for February 10, 2017, approved by Director Gerald Takase on February 1, 2017, to its Restaurant General liquor license, Category B1, located at the Kuakini Center, 74-5563 Kaiwi Street Unit No. 112, Kailua-Kona, Hawaii. Mukai: Move to ratify. Taniguchi: Second. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 27 Mr. Mukai moved that the Liquor Commission ratify Application for Temporary Increase in Licensed Premises for Umeke's LLC, dba Umeke's Kuakini Center, for February 10, 2017, approved by the Director on February 1, 2017, to its Restaurant General liquor license, Category B1, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded to ratify. Discussion? Takaba: Yes? Taniguchi: Gerald, we've asked this before but they couldn't do all of the applications? They have to do them all separate, these dates? Takase: They could've done it together, but they just submitted that way. Taniguchi: Just was wondering, the same thing. Okay, so had they done it then, it would just be on one? Takase: Yeah. Takaba: Okay, thank you. Taniguchi: Sorry. Takaba: No, thank you. Takaba: Next item, Global. Mukai: We didn't vote. Takaba: Oh yeah, that's right. Mukai: You scold me. Takaba: Yeah. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 28 Takaba: Okay, next item, Global Resort Partners, dba Hilton Waikoloa Village ratification of Application for Teen Event for Big Island Joint Military Ball held on February 11, 2017. 4. Global Resort Partners, dba Hilton Waikoloa Village, ratification of Application for Teen Event for Big Island Military Ball, held on February 11, 2017, approved by Director Gerald Takase on February 6, 2017, to its Hotel liquor license, located at 69-425 Waikoloa Beach Drive, Waikoloa, Hawaii. Mukai: Move to ratify. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission ratify Application for Teen Event for Big Island Military Ball for Global Resort Partners, dba Hilton Waikoloa Village, held on February 11, 2017, approved by Director Gerald Takase on February 6, 2017, to its Hotel liquor license, located at 69-425-Waikoloa Beach Drive, Waikoloa, Hawai`i; seconded by Mr. Taniguchi. Takaba: Moved and seconded to ratify. Discussion? There was no discussion by the Commissioners. Takaba: No discussion, all those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item five, Papaaloa Market & Café LLC, dba Papaaloa Country Store & Café, ratification of Application for Entertainment Permit for live music for February 10, February 17, and February 24, 2017. 5. Papaaloa Market & Cafe, dba Papaaloa Country Store & Cafe, ratification of Application for Entertainment Permit for Live Music for February 10, 17, and 24, 2017, approved by Administrative Officer Brandon Gonzalez on February 2, 2017, to its Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa'aloa, Hawaii. Takaba: Motion anyone? Greenwell: I make the motion. Mukai: I second Mr. Greenwell's motion. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 29 Mr. Greenwell moved that the Liquor Commission ratify Application for Entertainment Permit for Live Music for Papaaloa Market & Cafe, dba Papaaloa Country Store & Cafe for February 10, 17, and 24, 2017, approved by Administrative Officer Brandon Gonzalez on February 2, 2017, to its Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa`aloa, Hawaii; seconded by Mr. Mukai. Takaba: Okay, Dwayne makes the second. So do we have any discussion? Hearing none, all those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Number 6, What's that Tane or Ta ne? Takase: Tane 6. Tane Datta, ratification of Alcohol Purchase Permit, approved by Director Gerald Takase on February 13, 2017, located at 79-7500 Mamalahoa Highway, Kealakekua, Hawaii. Takaba: Tane Datta ratification of Alcohol Purchase Permit. Greenwell: May I ask a question? Mukai: Motion first. Takaba: Put a motion on the floor. Greenwell: Motion. Mukai: So moved. Second. Mr. Greenwell moved that the Liquor Commission ratify Application for Alcohol Purchase Permit, for Tane Datta, approved by Director Gerald Takase on February 13, 2017, located at 79-7500 Mamalahoa Highway, Kealakekua, Hawaii; seconded by Mr. Mukai. Takaba: Moved and second, yes? Greenwell: Is this an individual? Takase: Yes. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 30 Greenwell: It's an individual bringing in liquor? Mukai: It depends what kind of alcohol. Takase: Well, he's asking for a permit to purchase, not quite pure alcohol, for medicinal purposes. Lopez: Ethanol. Takase: Some kind of tinctures. Greenwell: Yeah it's an individual. Takase: Yes. Takaba: Okay, does that answer your question? Greenwell: Yes, it does, thank you. Takaba: Okay, thank you. Any further questions? Hearing none, all those in favor say"Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Okay, No. 7, Kona Brewing Co., LLC, dba Kona Brewing Co., LLC ratification of Application for Temporary Increase in Licensed Premises for Craft Night Food and Beer Pairing Dinner on February 18, 2017. 7. Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, ratification of Application for Temporary Increase in Licensed Premises for"Craft Night" Food and Beer Pairing Dinner for February 18, 2017, approved by Director Gerald Takase on February 17, 2017, to its Manufacturer's liquor license, located at Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii. Takaba: Do I hear a motion? Nahale-a: Move to ratify. Takaba: Move to ratify. Taniguchi: Second. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 31 Ms. Nahale-a moved that the Liquor Commission ratify Application for Temporary Increase in Licensed Premises for "Craft Night" Food and Beer Pairing Dinner held on February 18, 2017, approved by Director Gerald Takase on February 17, 2017, to its Manufacturer's liquor license, located at Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Okay, we move along to No. 8, Aqua Hospitality LLC, dba Hilo Naniloa Hotel, ratification for Application for Teen Event Permit for the Teen Dance in the Crown Room held on February 19, 2017. 8. Aqua Hospitality LLC, dba Hilo Naniloa Hotel, ratification of Application for Teen Event Permit for Teen Dance in the Crown Room held on February 19, 2017, approved by Director Gerald Takase on February 21, 2017, to its Hotel liquor license, located at 93 Banyan Drive, Hilo, Hawaii. Mukai: Move to ratify. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission ratify Application for Teen Event Permit for Teen Dance in the Crown Room held on February 19, 2017, approved by Director Gerald Takase on February 21, 2017, to its Hotel liquor license, located at 93 Banyan Drive, Hilo, Hawai`i; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion? Taniguchi: There's a typo yeah. Takaba: Yeah. Taniguchi: A typo, Teen Event, the "t" in event is missing. Takaba: Okay good discussion so far. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 32 Takaba: All those in favor say"Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: So they'll have the teen event permit. Takaba: Captain Cook Mini Mart, Inc., dba Captain Cook Mini Mart request to transfer liquor inventory for sale and transfer of liquor license to Profectus Commercial Investment, Inc., dba Captain Cook Mini Mart. 9. Captain Cook Mini Mart, Inc., dba Captain Cook Mini Mart, Request to transfer liquor inventory for sale and transfer of liquor license to Profectus Commercial Investment, Inc., dba Captain Cook Mini Mart, located at Keopuka Square, 81-6372 Mamalahoa Highway#3, Kealakekua, Hawaii. Takaba: Do I hear a move to approve and a second? Mukai: Move to approve. Nahale-a: Second. Mr. Mukai moved that the Liquor Commission approve the transfer of liquor inventory for sale and transfer of liquor license to Profectus Commercial Investment, Inc., dba Captain Cook Mini Mart, located at Keopuka Square, 81-6372 Mamalahoa Highway#3, Kealakekua, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: No. 10, MNS, Ltd., dba ABC Store #63, ratification for Application for Alteration Permit to replace damaged structure lumber, and also move fixtures, displays and cash wrap to better police the liquor department. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 33 10. MNS, Ltd., dba ABC Store #63, ratification of Application for Alteration Permit to replace damaged structure lumber, and to also move fixtures, displays and cash wrap to better police the liquor department, approved by Director Gerald Takase on February 22, 2017, to its Retail General liquor license, located at 75-5703-C Alii Drive, Kailua-Kona, Hawai`i. Takaba: Do I hear a motion? Mukai: Move to approve. Greenwell: Second. Takaba: David is that a second? Greenwell: Yes. Mr. Mukai moved that the Liquor Commission ratify Application for Alteration Permit to replace damaged structure lumber, and to also move fixtures, displays and cash wrap to better police the liquor department for MNS, Ltd., dba ABC Store #63, approved by Director Gerald Takase on February 22, 2017, to its Retail General liquor license, located at 75-5703-C Alii Drive, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Takaba: It's been moved and seconded. Discussion? Greenwell: Educate me what do they mean by cash wrap. Takaba: That's where you cashier. Takase: You know the cashier station. So it's just called cash and wrap. Greenwell: I don't understand why it has to be displayed. I don't understand that. Takase: Well, I think they're just moving around their set-up inside their store. Taniguchi: The display yeah. Takase: So you know the cash wrap is their definition of cash register. Mukai: Cash register. Takase: Cash register. Greenwell: And they want to police the liquor department? Takaba: Oh, their liquor department. Mukai: Their liquor section, yeah. Takase: This is, you know, it's the one by... MARCH 2, 2017-LIQUOR COMMISSION MINUTES 34 Onizuka: ...old Hema Store... Takase: ...Yeah, but they were having trouble because they can't see through the whole store. They get lots of homeless in there so they're going to move their liquor upfront where it's always in sight. Because they felt they were having problems in there and since they had to redo their whole roof and everything, they decided it was a good time to do it. Lopez: What was the location? I didn't hear. Which one of these ABC Stores is this? Takase: Yeah it's... Lopez: ...the one by shave ice or the one over in Kona Inn? Onizuka: By the shave ice place. Takase: Yeah, by the shave ice place. Lopez: Oh, they are going to re-open? Onizuka: The old Hema Store. Lopez: Yeah, okay. It's been closed a long time. Takase: Yeah, because they had...They closed. Lopez: ...problems... Takase: They thought they were going to do a quick... Lopez: ...yeah... Takase: ...renovation and they found out that they had termite damage and they had to replace some beams and all kinds of stuff. Lopez: Okay, thank you. Takaba: All right, any further discussion? Okay, all those in favor say"Aye." The Commissioners voted "Aye." Takaba: All those oppose, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. MARCH 2, 2017—LIQUOR COMMISSION MINUTES 35 Takaba: Number Eleven. Matsuyama II, Inc., dba Matsuyama Market ratification of Application for Alteration Permit to remove existing exhaust system and replace with fire suppression hood and exhaust for full certified kitchen. 11. Matsuyama II, Inc., dba Matsuyama Market, ratification of Application for Alteration Permit to remove existing exhaust system and replace with fire suppression hood and exhaust for full certified kitchen. Revision plans submitted by contractor for plumbing grease interceptor, approved by Director Gerald Takase on February 10, 2017, to its Retail General liquor license, located at 73-4040 Hulikoa Drive, Kailua-Kona, Hawaii. Mukai: Move to approve. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission ratify Application for Alteration Permit to remove existing exhaust system and replace with fire suppression hood and exhaust for full certified kitchen. Revision plans were submitted by contractor for plumbing grease interceptor for Matsuyama II, Inc., dba Matsuyama Market, approved by Director Gerald Takase on February 10, 2017, to its Retail General liquor license, located at 73-4040 Hulikoa Drive, Kailua-Kona, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Any discussion?Yes Greenwell: Mr. Chair, I need help with you and the Director. Why are we getting involved in this building repair or building maintenance? Help me with this. Takase: Good question. Actually I've been thinking about just eliminating us from these types of alteration because right now the alteration says anything that's altered within a licensed premises needs to get approved by us. There's a lot of changes that takes place in licensed premises that really have nothing to do with the sale of liquor. I've been contemplating that as one of our amendments next time we go around. I don't know, we're seeing a lot and we're going to see a lot more because with the rash of fire, Ling's, Luquin's, the fire department is cracking down heavily on all restaurant operations so they have their exhaust fans and things which like you see in this place it's in the back of the market so really has nothing to do with their liquor sales per say but since it's part of their building they're coming in. You know, we've had other ones in similar situations so I'm thinking of bringing it to you folks when we do our rule changes the next time and then you guys can contemplate it at that time. But it always has that question, you know, why are we getting involved at all. I'll tell you, previously a lot of times licensees do improvements without getting building permits and so we were the stop gap to making sure that they did comply because we're really the only ones that have inspectors that would go continually to all these places. They do have building inspectors but they're more driven by building permits so they don't normally go out to individual businesses to inspect whether they're making changes and whether they do get permits or not so that was kind of the cross checking, I guess, if anything that we were probably providing that service before. Greenwell: Okay. Takaba: Does that answer your question? MARCH 2, 2017—LIQUOR COMMISSION MINUTES 36 Greenwell: Thank you, yes. Mukai: Mr. Chair. Takaba: Yes. Mukai: I'll just make a comment that to support our Director Takase's venturing into redoing the rules and regulations regarding excluding alterations and that for me unless the building alteration or modification means an increase in premises or a decrease in premises or a relocation of the alcoholic dispensaries that I think it's a good thing to exclude just doing alterations. Takaba: Anybody else? Nahale-a: So would an example be like number 10 where they were moving to better police the liquor inventory, that would be something that would come before us but then this number 11 no need? Is that an example? Takase: Actually even in 10, moving around shelves and things within a store, we don't usually treat as alteration because those are not fixed items. Nahale-a: Yeah. Takase: You know, now stores are free to move their inventory around without notifying us. Mukai: Yeah, for my statement at least, I can do it properly that when the bar or the dispensers or the big reefers are moving so anything to do with those kinds of things? Or is it just the shelving? It's my thought. Greenwell: Good input. Mukai: Thank you. Takaba: Anybody else have any thoughts? Okay all those in favor say"Aye." The Commissioners voted "Aye." Takaba: Those oppose? There were no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. 12. Special Licenses issued for ratification. Takaba: Okay No. 12, Special License issued for ratification, the chair requests a motion to ratify Special Licenses Application Nos. SP-16-58 to SP-16-74. MARCH 2, 2017- LIQUOR COMMISSION MINUTES 37 Taniguchi: So moved. Takaba: Second anyone. Nahale-a: Second Mr. Taniguchi moved that the Liquor Commission ratify the following Special Licenses: a. Application No. SP-16-58. Waikoloa Dry Forest Initiative Inc., dba Waikoloa Dry Forest Initiative Inc., for a Special Beer and Wine liquor license, held at Waikoloa Stables, 68-1936 Waikoloa Road, Waikoloa, Hawaii, on January 27, 2017. b. Application No. SP-16-59. Society for Kona's Education &Art, dba Society for Kona's Education &Art, for a Special Beer and Wine liquor license, held at 84-5191 Mamalahoa Highway, Honaunau, Hawaii, on January 29, 2017. c. Application No. SP-16-60. Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, held at 19-4074 Old Volcano Road, Volcano, Hawaii, on February 25, 2017. d. Application No. SP-16-61. Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, held at 19-4074 Old Volcano Road, Volcano, Hawaii, on March 11, 2017, April 15, 2017 and May 13, 2017. e. Application No. SP-16-62. Zonta Club of Hilo Foundation, dba Zonta Club of Hilo Foundation, for a Special Beer and Wine liquor license, held at Wainaku Ventures, 26-238 Hawaii Belt Road, Hilo, Hawaii, on February 9, 2017. f. Application No. SP-16-63. Zonta Club of Hilo Foundation, dba Zonta Club of Hilo Foundation, for a Special Beer and Wine liquor license, held at Sangha Hall, 398 Kilauea Avenue, Hilo, Hawaii, on February 10, 2017. g. Application No. SP-16-64. Rotary Club of Kona Mauka, Inc., dba Rotary Club of Kona Mauka Inc., for a Special Beer and Wine liquor license, held at Holualoa Inn, 76-5932 Mamalahoa Highway, Hblualoa, Hawaii, on February 11, 2017. h. Application No. SP-16-65.Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held at the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on February 10, 11, 12, 17, 18, 19, 24, 25, 26, 2017. i. Application No. SP-16-66.Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held at the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on March 3, 4, 5, 10, 11, 12, 18, 24, 25, 2017. MARCH 2, 2017-LIQUOR COMMISSION MINUTES 38 j. Application No. SP-16-67. The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, held at the lobby, 38 Haili Street, Hilo, Hawaii, on February 23, 2017, March 30, 2017 and April 20, 2017. k. Application No. SP-16-68. The Bill Healy Foundation, dba The Bill Healy Foundation, for a Special Beer liquor license, held at Kona Brewery Company's Parking Lot, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii, on March 10, 2017. Application No. SP-16-69. The Bill Healy Foundation, dba The Bill Healy Foundation, for a Special Beer liquor license, held at Courtyard by Marriott King Kamehameha's canoe parking area, KBR lawn, Imu and luau grounds, 75-5660 Palani Road, Kailua-Kona, Hawaii, on March 11, 2017. m. Application No. SP-16-70. The Bill Healy Foundation, dba The Bill Healy Foundation, for a Special Beer liquor license, held at BMW of Hawaii's Parking Lot, 74-5533 Loloku Street, Kailua-Kona, Hawaii, on March 11, 2017. n. Application No. SP-16-71. The Bill Healy Foundation, dba The Bill Healy Foundation, for a Special Beer liquor license, held at Kona Brewery Company's Parking Lot, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii, on March 12, 2017. o. Application No. SP-16-72. Hilo High School Foundation, dba Hilo High School Foundation, for a Special Beer and Wine liquor license, held at Sangha Hall, 424 Kilauea Avenue, Hilo, Hawai'i, on February 24, 2017. P. Application No. SP-16-73. Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license, held at BMW of Hawaii's Showroom, 74-5533 Loloku Street, Kailua-Kona, Hawaii, on February 25, 2017. q. Application No. SP-16-74. Hawaii Island Humane Society S.P.C.A., dba Hawaii Island Humane Society S.P.C.A., for a Special General liquor license, held at Four Seasons Resort Hualalai Ballroom, 72-100 Ka`upulehu Drive, Kailua-Kona, Hawaii, on March 31, 2017. The motion was seconded by Ms. Nahale-a. Takaba: Moved and seconded to ratify Special Licenses SP-16-58 to SP-16-74. Discussion? MARCH 2, 2017— LIQUOR COMMISSION MINUTES 39 There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor say"Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. 13. Transient Vessel Licenses issued for ratification. None IX. Announcements Takaba: Okay, moving on to announcements. There's no Transient Vessel licenses to ratify. We move on to announcements. Next meetings of the Commission will be April 6, 2017, 10:00 A.M. in West Hawaii at the West Hawaii Civic Center, and on May 4, 2017, 10:00 A.M. at the meeting room of the Department of Liquor Control in Hilo at Hilo Lagoon Centre. Takaba: Do I hear a motion to adjourn? Taniguchi: So moved. Greenwell: Second. Takaba: Moved and seconded. Discussion? No? Yes? Gerald? Taniguchi: Adjourn. Takaba: Meeting adjourned. Meeting adjourned at 10:55 a.m. eral. Takase • =- or The March 2, 2017, Liquor Commission Minutes were approved as circulated via email/mail on April 27, 2017, by the Liquor Commission of the County of Hawaii on May 4, 2017. MARCH 2, 2017—LIQUOR COMMISSION MINUTES 40