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HomeMy WebLinkAbout2017-07-06 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION JULY 6, 2017 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII 1. Call To Order The meeting was called to order by Chair William Takaba at 10:03 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, Chair Art Taniguchi, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Stephen Lopez, Commissioner Shelby Nahale-a, Commissioner Claude Onizuka, Commissioner Absent and Excused: None Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Gail Fujimoto, Licensing Officer Stacie Waltjen, Licensing Technician Nyssa Aoki, T/A Secretary to the Board & Commission Takaba: I'd like to call this meeting to order. Before we begin, I'd like to ask everyone to turn off their cell phones. Can we begin with introductions starting from Brandon, starting from left to right? Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. Fujimoto: Gail Fujimoto, Licensing Officer. Takase: Gerald Takase, Director. Arakaki: Warren Arakaki, Commissioner. Onizuka: Claude Onizuka, Commissioner. Nahale-a: Shelby Nahale-a, Commissioner. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 1 Taniguchi: Art Taniguchi, Commissioner. Takaba: Bill Takaba, Commissioner. Masuda: Craig Masuda, Counsel for the Commission. Lopez: Steve Lopez, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Aoki: Nyssa Aoki, T/A to the Secretary. Takaba: Okay, thank you. II. Approval of Minutes Takaba: The May 4, 2017 minutes were circulated by e-mail on June 30, 2017. Can we have a motion to approve? Taniguchi: So moved. Onizuka: Second. Mr. Taniguchi moved that the May 4, 2017, Liquor Commission minutes be approved as circulated; seconded by Mr. Onizuka. Takaba: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. 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: The June 1, 2017 minutes were circulated by email/mail on June 29, 2017. Can we have a motion to approve? Taniguchi: So moved. JULY 6, 2017- LIQUOR COMMISSION MINUTES 2 Onizuka: Second. Mr. Taniguchi moved that the June 1, 2017, Liquor Commission minutes be approved as circulated; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. Discussion? Taniguchi: Mr. Chair, there is one correction on page 14. Under my comments in the middle of the page, the last word in the sentence is "company" not "comfort." Takaba: Are there any other changes or corrections? If none, can we have a motion to amend the minutes? Taniguchi: So moved. Nahale-a: Second. Mr. Taniguchi moved that the June 1, 2017, Liquor Commission minutes be amended; seconded by Ms. Nahale-a. Takaba: Discussion? There was no discussion by the Commissioners. Takaba: Hearing none. All those in favor of the amendment say "Aye." The Commissioners voted "Aye." Takaba: Do we have any further discussion? There was no further discussion from the Commissioners. Takaba: If 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: Any further discussion? JULY 6, 2017- LIQUOR COMMISSION MINUTES 3 There was no further discussion from the Commissioners. Takaba: If 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. III. Addendum and/or Supplemental Agenda Takaba: There is no Supplemental Agenda so we'll move on to Public Statements. IV. Public Statements on Agenda Items Takaba: Is there anyone from the public who wants to transpose statement on any of the Agenda items? There was no reply from the public. Takaba: Hearing none, we will move on to Public Hearings. V. Public Hearings Takaba: We have seven items. First item, Application No. T16-28, Profectus Commercial Investment Inc., dba Captain Cook Mini Mart, for a sale and transfer of the Retail General liquor license, currently held by Captain Cook Mini Mart. Can you identify yourself and your relation to the business? 1. Application No. T16-28 Profectus Commercial Investment Inc., dba Captain Cook Mini Mart, for a sale and transfer of the Retail General liquor license, currently held by Captain Cook Mini Mart, Inc., dba Captain Cook Mini Mart, located at the Keopuka Square, 81-6372 Mamalahoa Highway, #3, Kealakekua, Hawaii, TMK: 8-1-016:020. Min Young "Alisa" Woo, Authorized Agent, was present. Woo: Good morning Commissioners. I'm Min Young Woo, on behalf of Profectus Commercial Investment Inc., dba Captain cook Mini Mart. I'm the Authorized Agent. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 4 Takaba: Thank you. Do you have any changes to your report? Woo: No. We've been operating under a temporary license without problems. Takaba: Thank you. Can you describe your business? Woo: It's a retail business for a liquor store. We also sell groceries and mostly serving the neighbors. Takaba: Thank you. Mr. Director, do we have any protest? Takase: Mr. Chair, this is a sale and transfer. There were no complaints to this application. Takaba: Thank you. Is there anyone who wishes to testify on this particular application? There was no reply from the public. Takaba: Hearing none. Commissioners, do you have any questions for the applicant? Taniguchi: Move to close public hearing. Onizuka: Second. Mr. Taniguchi moved that the public hearing on Application No. T16-28 be closed; seconded by Mr. Onizuka. Takaba: Moved and seconded to close public hearing. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of closing public hearing, 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. Taniguchi: Mr. Chair, move to approve Application No. T16-28, final inspection was completed on June 2, 2017. JULY 6, 2017- LIQUOR COMMISSION MINUTES 5 Greenwell: Second on the motion. Mr. Taniguchi moved that Application No. T16-28, Profectus Commercial Investment Inc., dba Captain Cook Mini Mart, for a sale and transfer of the Retail General liquor license, currently held by Captain Cook Mini Mart, Inc., dba Captain Cook Mini Mart, located at the Keopuka Square, 81-6372 Mamalahoa Highway, #3, Kealakekua, Hawaii, TMK: 8-1-016:020, be approved. Final inspection completed on June 2, 2017; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve. Is there any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion to approve signify by saying "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Woo: Thank you Commissioners. Takaba: Thank you. Takaba: Next one, Application No. T16-29, Keoki's Coffee and Donkey Balis Outlet LLC, dba Keoki's Coffee and Donkey Balls LLC, for a sale and transfer of the Retail General liquor license, currently held by Resorts Hawaii, Inc. 2. Application No. T16-29 Keoki's Coffee and Donkey Balls Outlet LLC, dba Keoki's Coffee and Donkey Balls Outlet LLC, for a sale and transfer of the Retail General liquor license, currently held by Resorts Hawaii, Inc., dba Hilo Bay Liquors, located at 87 Banyan Drive, Hilo, Hawaii, TMK: 2-1-005:034 and 035. Elizabeth Benevides, Manager, was present. Benevides: Morning. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 6 Takaba: Good morning! Can you identify yourself and your relationship to the business? Benevides: I'm Elizabeth Benevides and I'm the manager. Takaba: Thank you. Do you have any changes to your report? Benevides: We did correct some of the violations that we had, except for three of them. We're not sure if we're going to be there after the 14th, however, she did put a Letter of Intent to DLNR to have an extension until they know what's going to happen to the hotel. There are three things that we have not finished correcting yet which is the wall, one of the panels that are in the back and the service of the fire alarms. Takaba: Can you describe your business? Benevides: It's a retail resorts store. Takaba: Director, any report of protests? Takase: Mr. Chairman, again, this is a sale and transfer. Notice was published in the newspaper and there were no protests to this application. Takaba: Do we have any public testimony? There was no reply from the public. Takase: Maybe I can explain what's going on for the Commission. Keoki's is located... Benevides: It used to be Uncle Billy's General Store. Takase: Yeah, it's front of Uncle Billy's. They are having an on-going problem with the State. Keoki's taking over and they are renewing but they don't know what's going to happen after July 14. I suspect they are going to get a month to move out. They held off on making big repairs. From our standpoint it didn't affect their liquor sales but soon they will find out if they get to stay or not. Benevides: Thank you. Takaba: Commissioners, do we have any questions or discussion? Taniguchi: Move to close public hearing. Nahale-a: Second. Mr. Taniguchi moved that the public hearing on Application No. T16-29 be closed; seconded by Ms. Nahale-a. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 7 Takaba: Moved and seconded to close public hearing. Do we have any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor to close public hearing, please say "Aye." The Commissioners voted "Aye." Takaba: Those opposed say "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Taniguchi: Mr. Chair? Takaba: Yes. Taniguchi: Move to approve Application No. T16-29, pending final inspection. Takaba: Do I hear a second? Nahale-a: Second. Mr. Taniguchi moved that Application No. T16-29, Keoki's Coffee and Donkey Balis Outlet LLC, dba Keoki's Coffee and Donkey Balls Outlet LLC, for a sale and transfer of the Retail General liquor license, currently held by Resorts Hawaii, Inc., dba Hilo Bay Liquors, located at 87 Banyan Drive, Hilo, Hawaii, TMK: 2-1-005:034 and 035, be approved pending final inspection; seconded by Ms. Nahale-a. Takaba: Moved and seconded to approve. Any discussion? There was no discussion from the Commissioners. Lopez: Just to clarify, the July 14 date has nothing to do with the granting of this application? Takase: Well, it may. As far as they know, that might be their last day of business. We're going to proceed with the understanding that they're trying to extend. Benevides: If it doesn't get extended, she is seeing her options to relocate. JULY 6, 2017- LIQUOR COMMISSION MINUTES 8 Lopez: All right. Thank you. Takaba: Anything further? If not, all those in favor of the motion to approve say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay?" There was no opposition from the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Nahale-a: Good luck. Benevides: Thank you. Takaba: Thank you. Application 16-31, Hilo Poke Company, dba Fish and Poi Hilo, for an original Dispenser Beer and Wine liquor license. 3. Application No. 16-31 Hilo Poke Company, LLC, dba Fish and Poi Hilo, for an original Dispenser Beer and Wine liquor license, Category B1, located at 21 Kalaniana'ole Avenue, Hilo, Hawai'i, TMK: 2-1-006:007. Lynelle Paranada, Co -Owner, was present. Takaba: Can you identify yourself and your relationship to the business? Paranada: My name is Lynelle Paranada. I'm the Co -Owner and operator of the company. Takaba: Do you have any changes to the report? I see there's an amendment. Paranada: Yes. I'm changing my class from being a Dispenser to Retail. Taniguchi: Move to amend the application. Greenwell: Second. Mr. Taniguchi moved that Application No. 16-31, Hilo Poke Company, LLC, dba Fish and Poi Hilo, be amended to change its class from an original Dispenser Beer and Wine liquor license, Category B1, to an JULY 6, 2017- LIQUOR COMMISSION MINUTES 9 original Retail Beer and Wine liquor license; seconded by Mr. Greenwell. Takaba: Any discussion? Takase: Mr. Chairman, I can address the Commission. We met with Lynelle couple of weeks ago. She described her operation to us and we felt it was more appropriate for her to run a retail store and sell liquor, rather than trying to run a dispenser operation. In my mind, a retail license is lower than a dispenser license, in terms of effects on surrounding community. We therefore agreed with her that the best thing to do would be to amend the application and become a retail license. She has agreed to that. Takaba: Any further discussion? There was no further discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion to amend, 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: Can you describe your business? Paranada: We sell poke bowls and Hawaiian plates. Takaba: Director, report of protests? Takase: Mr. Chairman, the applicant mailed 22 out of 22 notices within 100 feet; 196 out of 197 notices within 500 feet and one notice to a condominium of property owner. There were 109 properties entitled to protest. There were no protests to this application. Takaba: Thank you. Do we have public testimony? There was no reply from the public. Takaba: Hearing none. Commissioners, do you have any questions? Taniguchi: Where is this located? JULY 6, 2017 - LIQUOR COMMISSION MINUTES 10 Paranada: We're right at the beginning of Keaukaha. There's Verna's, 76 and there's a blue quonset hut. We have a portion in the front of that. Takaba: Do we have a motion to close? Onizuka: Move to close public hearing. Taniguchi: Second. Mr. Onizuka moved that the public hearing on Application No. 16-31 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded to close public hearing. 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 opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Taniguchi: Mr. Chairman, move to approve Application No. 16-31 and amendment to report, pending final inspection and balance due for publication of $22.25. Onizuka: Second. Mr. Taniguchi moved that Application No. 16-31, Hilo Poke Company, LLC, dba Fish and Poi Hilo, for an original Retail Beer and Wine liquor license, Category B1, located at 21 Kalaniana`ole Avenue, Hilo, Hawaii, TMK: 2-1-006:007, and amendment to report be approved pending final inspection and balance due for publication of $22.25; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve, pending final inspection. The approval is with the amendment. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion say "Aye." JULY 6, 2017- LIQUOR COMMISSION MINUTES 11 The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Paranada: Thank you. Takaba: Application No. 16-32, Puna Plantation Hawaii, limited, dba KTA Express Kealakekua, for an original Retail General liquor license, located at 81-6602 Mamalahoa Highway. Good morning. 4. Application No. 16-32 Puna Plantation Hawaii, Limited, dba KTA Express Kealakekua, for an original Retail General liquor license, located at 81-6602 Mamalahoa Highway, Kealakekua, Hawaii, TMK: 8-1-001:010. Richard Chinen, Vice President, and Debbie Arita, Assistant Corporate Secretary, both were present. Chinen: Good morning. Takaba: Can you identify yourself and your relationship to the business? Chinen: Yes, I'm Richard Chinen. I'm the Vice President at KTA Super Stores and with me is... Arita: Debbie Arita. I'm the Assistant Corporate Secretary. Takaba: Do you have any changes to your report? Takaba: Can you describe the business? Chinen: The new store would be similar to our existing stores. It's a traditional supermarket. We are opening under a different name, "KTA Express." The biggest difference between that store and our current operations is that the size of the store. We're not able to carry the full assortment and variety which we currently carry in our normal stores but it is a traditional supermarket. Takaba: Thank you. Director, do you have any protests? JULY 6, 2017- LIQUOR COMMISSION MINUTES 12 Takase: Mr. Chairman, the application mailed 4 out of 4 notices within 100 feet; 42 out of 42 notices within 500 feet and 1 notice to condominium of apartment managers. There were 38 properties entitled to protests. There were no protests to this application. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Hearing none. Commissioners do you have any questions? Onizuka: I have a statement. I live in that area. You did a great job renovating that building and making it a community store. It's a great asset to the community. Takaba: Thank you. Can we have a motion to close public hearing? Onizuka: Move to close public hearing. Taniguchi: Second. Mr. Onizuka moved that the public hearing on Application No. 16-32 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded to close public hearing. 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 opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Can we have a motion to approve or deny? Onizuka: Move to approve Application No. 16-32, pending final inspection. Taniguchi: Second. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 13 Mr. Onizuka moved that Application No. 16-32, Puna Plantation Hawaii, Limited, dba KTA Express Kealakekua, for an original Retail General liquor license, located at 81-6602 Mamalahoa Highway, Kealakekua, Hawaii, TMK: 8-1-001:010, be approved pending final inspection; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve. Any discussion? There was no discussion from the Commissioners. Takase: 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. Chinen/Arita: Thank you. Takaba: Application No. T16-33, Waikoloa Village Association, dba Waikoloa Village Golf Course, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Banjy's Restaurant Group LLC. 5. Application No. T16-33 Waikoloa Village Association, dba Waikoloa Village Golf Course, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Banjy's Restaurant Group LLC, dba Banjy's Paradise Bar & Grill, located at 68-1792 Melia Street, Waikoloa, Hawaii, TMK: 6-8-003:005 and 008. Roger Wehrsig, General Manager, was present. Wehrsig: Morning Mr. Chair and Commissioners. Takaba: Can you identify yourself and your relationship to the business? Wehrsig: My name is Roger Wehrsig. I am the General Manager for the Waikoloa Village Association. Takaba: Do you have any changes to the report? JULY 6, 2017- LIQUOR COMMISSION MINUTES 14 Wehrsig: No. Takaba: No changes. Can you describe your business? Wehrsig: We operate an 18 -hole golf course and a beverage cart. Takaba: Gerald, report of protests? Takase: Mr. Chairman, this is a sale and transfer. Notification provided by publication. There were no protests to this application and the final inspection was completed on July 3, 2017. Takaba: Does anyone from the public wish to testify? There was no reply from the public. Takaba: If none, Commissioners, do you have any discussion or questions? There was no discussion or questions from the Commissioners. Greenwell: Move to close public hearing. Taniguchi: Second. Mr. Greenwell moved that the public hearing on Application No. T16-33 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded to close public hearing. Is there 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 opposed, "Nay." There was no opposition from the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Greenwell: Move to approve Application No. T16-33, final inspection completed on July 3, 2017. JULY 6, 2017- LIQUOR COMMISSION MINUTES 15 Taniguchi: Second. Mr. Greenwell moved that Application No. T16-33, Waikoloa Village Association, dba Waikoloa Village Golf Course, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Banjy's Restaurant Group LLC, dba Banjy's Paradise Bar & Grill, located at 68-1792 Melia Street, Waikoloa Hawaii, TMK: 6-8-003:005 and 008, be approved. Final inspection completed on July 3, 2017; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Do we have any discussion on the motion? 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. Thank you. Wehrsig: Thank you. The motion was carried unanimously. Takaba: Application No, T16-34, Waikoloa Village Lessee LLC, dba Hilton Waikoloa Village, for a sale and transfer of the Hotel liquor license held by Global Resort Partners. 6. Application No. T16-34 Waikoloa Village Lessee LLC, dba Hilton Waikoloa Village, for a sale and transfer of the Hotel liquor license held by Global Resort Partners, dba Hilton Waikoloa Village, located at 69-425 Waikoloa Beach Drive, Waikoloa, Hawaii, TMK: 6-9-007:014 and 039. Edmund Haitsuka, Esq., and Jennifer Coronas, Director of Restaurants, both were present. Haitsuka: I'm Edmund Haitsuka. I'm the attorney for the applicant. With me today is Jennifer Coronas. She is the Director of Restaurants. Takaba: Do you have any changes to the report? JULY 6, 2017- LIQUOR COMMISSION MINUTES 16 Haitsuka: No. Takaba: No changes. Can you describe your business? Coronas: We're a full service hotel with dining options and guest accommodations. Takaba: Director, do you have any protests? Takase: Mr. Chairman, this is a sale and transfer. Notice was published and there were no protests to this application. Final inspection was completed on July 5. Takaba: Thank you. Do we have anyone wishing to testify? There was no reply from the public. Takaba: Hearing none. Commissioners, do you have any questions or discussion? Takase: I have a question. Are you going to be opening any new restaurants? Coronas: Not this year. We have a host rebranding one of the restaurants in the future. We're working on plans at this point, but nothing has been set in stone. Taniguchi: Working on what? Coronas: Our "Imari" restaurant closed down and they would like to renovate it. We got a first set of plans but it's not very functional, so we are going to a second set. Takaba: Could we have a motion to close public hearing? Onizuka: Move to close public hearing. Taniguchi: Second. Mr. Onizuka moved that the public hearing on Application No. T16-34 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded to close public hearing. 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." JULY 6, 2017 - LIQUOR COMMISSION MINUTES 17 There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Onizuka: Move to approve application T16-34, which final inspection was already completed on July 5. Greenwell: Second. Mr. Onizuka moved that Application No. T16-34, Waikoloa Village Lessee LLC, dba Hilton Waikoloa Village, for a sale and transfer of the Hotel liquor license held by Global Resort Partners, dba Hilton Waikoloa Village, located at 69-425 Waikoloa Beach Drive, Waikoloa, Hawaii, TMK: 6-9-007:014 and 039, be approved. Final inspection completed on July 5, 2017; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve. 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. Haitsuka/Coronas: Thank you. Takaba: Thank you. Moving on to Application No. 16-37, The Elevation Wine Fund LP, dba The Elevation Fund LP, for an original Wholesale Beer and Wine liquor license. 7. Application No. 16-37 The Elevation Wine Fund LP, dba The Elevation Wine Fund LP, for an original Wholesale Beer and Wine liquor license, located at 72-349 Ka'upulehu Drive, Building D, Kailua-Kona, Hawaii, TMK: 7-2-025:013. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 18 Leon Dreimann, Senior Partner, was present. Dreimann: Morning. Takaba: Good morning. Can you identify yourself and your relationship to the business? Dreimann: My name is Leon Dreimann. I'm the Senior Partner of The Elevation Wine Fund LP. Takaba: Do you have any changes to your report? Dreimann: None. Takaba: Can you describe your business for us? Dreimann: We're a wine fund for investments in wine that are rare. We are a wholesale distributor in the State of California and hopefully in the State of Hawai'i. Takaba: Thank you. Director Takase, report of protests? Takase: Mr. Chairman, there was only one property, which is the Hualalai Resort. There were no protests to this application. Takaba: Thank you. Do we have any public testimony on this application? There was no reply from the public. Takaba: Hearing none. Commissioners, do you have any questions or anything to discuss? Taniguchi: Move to close public hearing. Onizuka: Second. Mr. Taniguchi moved that the public hearing on Application No. 16-37 be closed; seconded by Mr. Onizuka. Takaba: Moved and seconded to close public hearing. Is there any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." JULY 6, 2017- LIQUOR COMMISSION MINUTES 19 Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Mr. Chair, move to approve Application No. 16-37, pending lease and DCCA. I guess no final inspection is required. Onizuka: Second. Mr. Taniguchi moved that Application No. 16-37, The Elevation Wine Fund LP, dba The Elevation Wine Fund LP, for an original Wholesale Beer and Wine liquor license, located at 72-349 Ka`upulehu Drive, Building D, Kailua-Kona, Hawaii, TMK: 7-2-025:013, be approved pending lease and DCCA. No final inspection required; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve, pending lease and DCCA. No final inspection is required. 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 from the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Dreimann: Thank you. VI. Preliminary Hearings Takaba: We will move on to preliminary hearings. There are six applications. The first one is Application No. 16-30, Jack's Diving Locker, dba Jack's Diving Locker, for an original Beer and Wine liquor license. Can you identify yourself and state your relationship to the business? JULY 6, 2017- LIQUOR COMMISSION MINUTES 20 1. Application No. 16-30 Jack's Diving Locker, dba Jack's Diving Locker, for an original Retail Beer and Wine liquor license, located at the Honokohau Harbor, 74-381 Kealakehe Parkway, Kailua-Kona, Hawai'i, TMK: 7-4-008:040 (por). Jessica Crane, Representative, was present. Crane: Yes, my name is Jessica Crane. I am the Bookkeeper and Authorized Agent for Jack's Diving Locker. Takaba: Okay, thank you. I understand there is an amendment to your application. Crane: Yes. We have an amendment for the increase in the original floor plan which was submitted to Gail. Takaba: Commissioners, do you all have the amendment? Takase: It should be on your table. Takaba: There were two amendments; one for the photos and one for the increase. Takase: The photos were for the personal histories. Takaba: We received your photos and the Application for Increase in Licensed Premises. Crane: Great. Takase: The amendment for the increase in premises is to include an area which was part of the business before; it just wasn't part of the sale. Under their current operation they want to expand to the area as well. That's about 700 to 800 feet? Crane: Correct. Takaba: Have you read the report? Crane: Yes, I have. Takaba: Can you describe your business? Crane: We are operating a convenience -sundries shop. We also own and operate scuba diving operations. We would like to continue checking -in our books out of the Honokohau location but also able to open up and offer sales at both registers for beer and wine and the sundry items as well. JULY6, 2017- LIQUOR COMMISSION MINUTES 21 Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Any questions or discussion from the Commissioners? Lopez: I have a question. Takaba: Yes. Lopez: I'm trying to understand these drawings. I know the location and I know the store. This drawing that has 783 square feet — Crane: Yes. Lopez: Is that the expansion area? Crane: Yes. Lopez: And then the other one is the upstairs? How is that relevant? Crane: The other one is not the upstairs. It is a drawing of the convenience store that was there previously. Lopez: So, this second drawing, the larger one, is the same portion that says "store" over here? Crane: Yes. Lopez: Thank you, Chair. Takaba: Can we have a motion? Taniguchi: Move to approve Application No. 16-30 and amendment to report. If approved, public to be held on September 7, 2017 in Hilo. Onizuka: Second. Mr. Taniguchi moved that Application No. 16-30 and amendment to report for Jack's Diving Locker, dba Jack's Diving Locker, for an original Retail Beer and Wine liquor license, located at the Honokohau Harbor, 74-381 Kealakehe Parkway, Kailua-Kona, Hawaii, TMK: 7-4-008:040 (por), be approved for a public hearing to be held on September 7, 2017, in Hilo, Hawaii; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. Any discussion? JULY 6, 2017- LIQUOR COMMISSION MINUTES 22 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 opposed, "Nay." There was no opposition from the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Taniguchi: Mr. Chair, move to ratify issuance of temporary license, T-RBW-892, effective July 1, 2017. Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission ratify the issuance of temporary license, T-RBW-892, effective July 1, 2017; seconded by Mr. Onizuka. Takaba: Moved and seconded. 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. Takaba: Application No. 16-38, 718 K ST LLC, dba Crazy Grandmaz, for an original Dispenser General liquor license, Category B2 and D, located at 718 Kino'ole Street in Hilo. Can you identify yourself and your relationship to the business? JULY 6, 2017- LIQUOR COMMISSION MINUTES 23 2. Application No. 16-38 718 K ST LLC, dba Crazy Grandmaz, for an original Dispenser General liquor license, Category B2 and D, located at 718 Kino'oIe Street, Hilo, Hawaii, TMK: 2-4-025:090. Greg Leong, Owner, was present. Leong: Greg Leong. I'm the Owner. Takaba: Thank you. Have you read the application report? Leong: No...? Takase: The letter from Gail. Leong: Oh, yeah, I just read it. Takaba: Okay. Do you have any changes? Leong: We only have signs by the doors. I have to see what else we can do. Takase: No, they're asking about this report. Leong: What report is that? Takase: The report from Gail on your premises operation; the one with the pictures. Leong: Okay. Takase: We're asking if you read through that report. Leong: Kind of, briefly. Takaba: We just want to make sure if we ask questions, you can respond appropriately. Leong: Oh, yeah. Takaba: Do you want to take a few minutes to look it over? Leong: No, I think I'm good. Takaba: Do you have any changes you want to make? Leong: No, no changes. JULY 6, 2017- LIQUOR COMMISSION MINUTES 24 Takaba: Can you describe your business? Leong: We have a sports bar with karaoke and darts. We serve "pupus" and we have a certified kitchen. That's about it. Takaba: Do we have any public testimony? I note there was one letter of protest by Wally Oki, of the KOkOau Plaza Association of Owners. Takase: This is the second part. Did you get this letter? Leong: Yes. Takase: On behalf of the Department, I would recommend you touch basis with them. Leong: He came in yesterday. Now I know who he is. Takaba: Commissioners, any discussion or questions? Onizuka: Question. So you met him yesterday and was anything resolved or any discussion on the matter? Leong: He just told me he was going to turn in this letter. I can talk to him whenever I can or have to. He said don't take it personal and that's about it. Takaba: Any other questions? Lopez: Question. As the Director said, it's between the two of you; wanting to be good neighbors between business and such. What might you do in response? Leong: From what I see now, I don't see much of my customers parking there. I see them parking more across the street. Of course, I can't monitor where everyone parks but — Lopez: No. Is there any signage? Leong: Yes, there is. As soon as you walk in and outside one of the front doors. Takase: They did have signage up. I think what's changed between now and the last owner is, maybe it's not legal, but the bowling alley is closed so there's a lot of parking there. I suspect they will park in the bowling alley until they do something. Lopez: If you're doing your part with signage and advising your customers; that should be sufficient. Taniguchi: The Association sent in a complaint the last time. JULY6, 2017- LIQUOR COMMISSION MINUTES 25 Takase: He's taking over Bamboo Garden. Taniguchi: Yeah, he's the new owner now. Did they mention where they were parking? Leong: I just assumed somewhere in the parking lot. Takase: It's the stalls that are closest to the entrance, right by the dumpster. Taniguchi: What are your hours? Leong: We're open from about 2:30 P.M., to 2:00 A.M., at the latest. Takaba: Any further discussion? Nahale-a: I have a question for the Department. The Adjudication Board assessed penalties on this Licensee. Was it for the previous owner? Takase: Yes. Nahale-a: Okay, thank you. Takaba: Anybody else? Takase: I'II say that Greg has also been a previous Licensee. He was the Licensee at the bowling alley until they closed. He has experience and we've had no problems with him as an operator. Takaba: Motion? Taniguchi: Move to approve Application No. 16-38. If approved, public hearing to be held on September 7, 2017, in Hilo. Nahale-a: Second. Mr. Taniguchi moved that Application No. 16-38, 718 K ST LLC, dba Crazy Grandmaz, for an original Dispenser General liquor license, Category B2 and D, located at 718 Kino`ole Street, Hilo, Hawaii, TMK: 2-4-025:090, be approved for a public hearing to be held on September 7, 2017, in Hilo, Hawai`i; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." JULY 6, 2017- LIQUOR COMMISSION MINUTES 26 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition from the Commissioners. Takaba: Motion carried. Thank you. The motion was carried unanimously. JULY 6, 2017- LIQUOR COMMISSION MINUTES 27 Takaba: Do we have anyone from the public wishing to testify? There was no reply from the public. Takaba: If not, Commissioners, any questions? Nahale-a: I have a question. Pardon my ignorance, but can you help me understand the need for the change? Takase: Currently, she can only sell beer and wine. She's asking to be able to sell hard liquor as well. With the closing of Pinky's, they're the only operation on that highway. Nahale-a: Okay, great thank you. Taniguchi: Move to approve Application No. 16-39. If approved, public hearing to be held on September 7, 2017, in Hilo. Lopez: Second. Mr. Taniguchi moved that Application No. 16-39, Hwy X -Press Mini Mart LLC, dba X -Press Mini Mart, for a change in kind to General to its Retail Beer and Wine liquor license, located at 28-2831 Mamalahoa Highway, Pepe'ekeo, Hawaii, TMK: 2-8-016:028, be approved for a public hearing to be held on September 7, 2017, in Hilo, Hawaii; seconded by Mr. Lopez. Takaba: Moved and seconded. Any discussion? Nahale-a: No discussion, Mr. Chair, but I'd like to speak in favor of this application. I live in this community and this is a store I visit frequently. I appreciate them being there. They are a very good neighborly business for us. C. Ho: Thank you. Takaba: Any further discussion? There was no further discussion from the Commissioners. Takaba: If not, all those in favor say "Aye." The Commissioner voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. JULY 6, 2017- LIQUOR COMMISSION MINUTES 28 Takaba: Motion carried. The motion was carried unanimously. Takaba: Let's move on to Application No. 16-40, Hawaii Luxury Cinemas, Inc., dba Waikoloa Luxury Cinemas, for an original Dispenser General liquor license. Good morning, can you identify yourself and your relationship to the business? 4. Application No. 16-40 Hawaii Luxury Cinemas, Inc., dba Waikoloa Luxury Cinemas, for an original Dispenser General liquor license, Category B1, located at the Queens' Marketplace, 69-201 Waikoloa Beach Drive, Ste. G-1, Waikoloa, Hawaii, TMK: 6-9-008:017. Anthony Dalzell, President and Co -Owner, and Maria Chan, Operator and Co -Owner, were both present. Dalzell: Yes, Anthony Dalzell, I'm the President or Owner. Chan: Maria Chan, Operator and Owner. Takaba: Thank you. Have you read the application report? Dalzell: Yes. Takaba: Do you have any changes? Dalzell: No. Takaba: If none, can you describe your business? Dalzell: Yes, it's a three -screen luxury cinema with an adjacent 100 -plus seating restaurant and bar. Takaba: Do we have anyone from the public wishing to testify on this application? There was no reply from the public. Takaba: If none, Commissioners, do you have any questions or comments? Taniguchi: I have a question. You said a restaurant? Dalzell: Yes, sir. Chan: And also a movie theater. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 29 Dalzell: It's a restaurant and movie theater; a little unique in that regard. It's an outdoor lanai, 5,000 square feet, where we're putting the restaurant. Takaba: So you go through the restaurant to get to the movies? Dalzell: Correct. We plan on operating the restaurant independently. In other words, people who go to our restaurant may or may not want to go to a movie. But if they do, they have that option. Takaba: You mentioned something about a wristband? What was the problem? Dalzell: Oh, the wristband. Thank you. We had a question regarding the necessity of wearing a wrist band. First in a restaurant; obviously, I don't think it would be a requirement. However, if there was a guest who was in the restaurant who then decided they wanted to attend one of the screenings, we have a "P.O.S", Point of Sales system, which identifies how much they drank before going to the theater. For example, they could have had five "Mai Tai's" at the restaurant and it would be silly to allow them to have three more. My chief argument was that if we could have an installation plan for infrared camera in each of the three stadiums, we would be able to look at the audience and monitor them from any of the "P.O.S." Systems. If we suspect abuse, whether it is a minor or an adult giving a minor access to alcohol, we would also be able to pick that up. I was hoping we could do something like that in lieu of wristbands. I understand the purpose of wristbands, which is to identify an adult as being an adult. There are other theaters who punch holes in the wristbands to limit how many beverages they could have. As I pointed out in my additional clarification, being an older person, I'm often annoyed that I have to wear a wristband. I'm going to be 70 this year. I was thinking if there could be alternatives to that. We hope to present an upscale restaurant and theater. Takaba: Is this a new concept or has it been tried before? Dalzell: It has been tried before. This is pretty much the business model in the mainland for upscale areas. Many states, of course it depends on the state, do not require wristbands. Where I come from in California they do require wristbands. I'm from Newport Beach and they opened a luxury cinema in the area. If I wanted to have a glass of wine, I would have to show my identification and a wristband would be put on, which would limit me to three drinks. I'd hoped we would be able to eliminate that. In order for any of our guests to purchase an alcoholic beverage, they would have to go into the lobby bar and present their identification to purchase the alcoholic beverage. Their beverage would be put in a highly identifiable cup, such as a plastic container, and they would bring it into the auditorium. If they choose to have another beverage, they would have to come back out, go to the lobby bar and present their identification again. At the same time we are monitoring how many beverages they've had on our Point of Sales System. If they get their second alcohol beverage and the come for their third, then that's it. It was my hope that we could give this a trial and monitor it closely. As I JULY6, 2017- LIQUOR COMMISSION MINUTES 30 pointed out in my visitation here, the biggest problem is not so much people borderline ages, but it is children smuggling in their own alcohol, such as rum, and spiking their cokes. This is something wristbands won't help, but our infrared cameras would very definitely be a plus. I remember when I was a teenager, so it all goes back. You guys I'm sure have never done anything like that. Lopez: I have a question. Takaba: Yes. Lopez: You mentioned this "infrared camera" and "P.O.S." system. My understanding of "P.O.S.", is Point of Sale? Dalzell: Yes. Lopez: Are those camera real-time monitors? Dalzell: They are real-time monitors. Lopez: Who is monitoring those cameras? Dalzell: In other words it's a screen; you push one button and it's a cash register; you push another button and it pulls up a video monitor and you can look all around the theater. It's all tied into one system. Lopez: I guess I'm not making a connection. You said if there's an incident with a minor, someone has to be there watching in real-time. Dalzell: Right. Lopez: Is that the system? Dalzell: The capability is certainly there. We are going to have a ticket taker in the entrance to the auditorium. If he or she sees something that looks suspicious, they would be able to switch their "P.O.S." to the monitor option. They could also tell a manager to double check auditorium three, seat number 14 A and B, for example. We will have a Manager and Assistant Manager on duty at all times to oversee the restaurant and theater operations. They can do that at any location, whether it be the bar or at their office. Lopez: I understand, but when an incident occurs, it's highly likely it wouldn't be observed until after something happened. Dalzell: No, no. I'm suggesting if I suspect minors are spiking their sodas and sure enough they are, we are able to identify that. We are able to walk in to the auditorium and do what's appropriate. I'm suggesting that would equivalent to a wristband. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 31 Lopez: Thank you. Taniguchi: Question for Gerald. Is the wristband a requirement? Takase: No, it's not a requirement. Mr. Dalzell came in and we had a discussion very similar to this. I thought you had told me you could identify the seats and know exactly where your drinkers were? Dalzell: The theater is a reservation system. You can reserve your seat ahead of time or if you walk in on impulse, you will still have a seat number which you pick yourself, on the same monitor. On the ticket and on the "P.O.S." system, we know who is sitting exactly where, therefore, if we suspect somebody, we know their seat number. Takase: It's technology. After he explained it to me, I said I'm willing to consider it and see how it goes. This is how things have evolved to nowadays. Dalzell: I'd hope to see you all there one day. It's a nice theater. Masuda: So Gerald, you're not requiring the wristbands or the special cup? Takase: Not the wristbands, but they do have a special cup. They are trying to cater to a higher clientele. He doesn't want to treat them like teenagers. Greenwell: Gerald, do you know of any other establishments in the state? Takase: As far as I know, this will be the first one. I've been searching through some literature and seen some talk about it. It's not totally new to the industry. Right now, our island and Honolulu is the only islands that allow alcoholic beverages in theaters. From the reports that we've gotten from our Investigators on Regal, it hasn't been a problem monitoring consumption. You would think of a theater as a dark place and hard to see, but if you go to the front of the theater and look back at the audience, it's very bright. They can distinguish the cups in there. I'm willing to consider what he's proposing. It may be the new thing. Maybe we're not keeping up with the times. Greenwell: Thank you. If Gerald is comfortable with it, then I'm comfortable with it. Takaba: If you're comfortable with it, then I'm comfortable with it. Lopez: Because of the "real-time" monitor, I would expect that the clientele it would be self -monitored. The people that are coming in there of "class", they're not going to tolerate that either. I think it's going to self -monitor itself. I'm willing to give it a shot. Takaba: Anybody else? JULY 6, 2017- LIQUOR COMMISSION MINUTES 32 Nahale-a: It's just so fascinating! I love eating and I love movies. This sounds like a place I would love to go to. I've never heard of this before so I'm not familiar. Being a luxury establishment with love -style seating, it seems like it would be mostly an older clientele. Is that the norm of other places? Dalzell: I would think so. The ticket prices are going to be $18 to $20. We're in the middle of "tourist" area. There's not a whole lot to do after dark in the Waikoloa area. We do expect to cater to an older demographic. Takaba: So, the cost of the beer or wine would be about how much? Dalzell: I would think it would be somewhere around the price of other establishments there. We looked to Lava Lava for example, for the "vibe" we want to create. We have a lanai area; so the price would probably be close to theirs. It would certainly not be discounted. Takaba: Anybody else? Arakaki: I have a question. I see you have three auditoriums. Approximately how many seats are in each one? Dalzell: Two auditoriums have 99 seats each and the other has 85 seats. Arakaki: How would you describe the seating? You said you have love -style seating? Dalzell: It's a love seat with a wrap-around table that swings out and in the center the arm rest goes up. So if two strangers happened to be in the love seat together, you could separate it. But if you're with a date, you don't have to keep it separated. It's very nice seats. Lopez: Do the seats recline? Dalzell: They're rocking chairs but the very first row is a total recline where your legs go up because you're so close to the screen. What's really nice is the reservation; you could show up last minute and you don't need to stand in line. Your seat is waiting for you. Arakaki: Can you do these reservations online? Dalzell: Yes. Masuda: What kind of food are you going to serve in the theater? Dalzell: We have pizza and a lot of what we call "fun food." Chan: Lamb lollipops. JULY 6, 2017- LIQUOR COMMISSION MINUTES 33 Dalzell: We have lamb lollipops, tacos and different kinds of sandwiches — kind of a "tapas plate" idea, which are smaller plates. One of our hottest items we've discovered accidently is a half -chili, half -macaroni and cheese, lobster burrito, which is fried. Everyone that tastes this says it's out of this world. We expect to have a variety of items. It's not a fine dinner house type situation. Nahale-a: Where in the Queens' Marketplace is this going to be? Dalzell: It's hard to envision. Do you know where Sansei's is? We're right next door to that; between Sansei's and the food court. It's a small entrance that used to be called "The Studio", but once you're inside it's a huge area. They used to have special events like car shows in that place before. Nahale-a: I go to Waikoloa regularly with my family, so I'm excited. It'll be a fun thing. When do you plan on opening? Dalzell: We're being hopeful about October. Taniguchi: Move to approve Application No. 16-40. If approved, public hearing to be held on September 7, 2017, in Hilo. Lopez: Second. Mr. Taniguchi moved that Application No. 16-40, Hawaii Luxury Cinemas Inc., dba Waikoloa Luxury Cinemas, for an original Dispenser General liquor license, Category B1, located at the Queens' Marketplace,69-201 Waikoloa Beach Drive, Ste. G-1 Waikoloa, Hawaii, TMK: 6-9-008:017, be approved for a public hearing to be held on September 7, 2017, in Hilo, Hawaii; seconded by Mr. Lopez. Takaba: It has been moved and seconded. 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. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 34 Takaba: Application No. 16-41 Luquin's Mexican Restaurant, Inc., submits Application for Increase in Licensed Premises. Can you identify yourselves and your relationship to the business? 5. Application No. 16-41 Luquin's Mexican Restaurant, Inc., dba Luquin's Mexican Restaurant, Inc., submits Application for Increase in Licensed Premises to include TMK: 1-5-002:024 to its Restaurant General liquor license, Category B2, located at 15-2942 A Pahoa Village Road, Pahoa, Hawaii, TMK: 1-5-012:069. Salvador Luquin, Owner; Kirsten Heid, General Manager; and Vinton Awelagte, Office Manager and Accountant, were all present. Luquin: Morning. My name is Salvador Luquin. I am the Owner of Luquin's Mexican Restaurant. Heid: My name is Kirsten and I'm the General Manager. Awelagte: My name is Vinton and I'm the Office Manager and Accountant. Takaba: Have you read the report? Luquin: Yes. Takaba: Are there any changes you'd like to offer? Luquin: No. Takaba: Can you describe your business? Luquin: We used to operate Luquin's Mexican Restaurant, but now we have a lunch wagon that serves Mexican food. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: If not, Commissioners, do you have any questions or comments? Lopez: Question. Is the lunch wagon on wheels? Is it portable? Luquin: Yes. JULY 6, 2017- LIQUOR COMMISSION MINUTES 35 Lopez: Is it going to be moved? Luquin: We move it every day but later on we are planning to keep it there. Greenwell: I have a question for the Director. Are they applying for a beer garden, under a tent, out in the parking lot? Takase: Yes. Greenwell: Are there any other establishments that have done this before? Takase: I think this is the first. Greenwell: And this is on a semi-permanent basis? Takase: Well, I don't know. We have to find out. If you see his next application, he is opening another restaurant. When their restaurant first burnt down, we were trying to find a way to help them maintain their operation. He had a lunch truck and he had a lot. It was a way for them to operate and we were allowing them to operate like this. Greenwell: Okay, I'm just wondering, are we getting into a gray area? Next month are we going to be three more applications for a portable tent in Kailua-Kona, Kawaihae or some other place? Takase: I suppose it does open a door to that. There are a lot of other restaurant and food trucks operating around the island. This is the first one that is serving alcohol. We looked at it and we did allow it because he was a Licensee that needed to try and stay open. Secondly, he has a permanent location to operate out of. If don't look at the lunch truck as a lunch truck, but rather as an establishment, he would operate with the same safeguards as he did a restaurant in that location. He's been operating for how long now? Luquin: About three months. Awelagte: As a lunch wagon, since March. Greenwell: I understand everything you've said. I've understood his bad luck of the burning down of his properties, but I'm a little concerned with what's going to happen down the road. We are going to have people looking at opening up portable bars that they can set up and take down. Luquin: We are planning to get a 40 -foot container and put the bar inside the container, with food seating outside. JULY 6, 2017- LIQUOR COMMISSION MINUTES 36 Greenwell: Yes, sir. I understand your position but the question to the Commission is what are we going to do next month when somebody comes and applies for a modified pickup truck in Kailua-Kona? Takaba: Would that be a Planning issue or is that a Liquor issue? Takase: It did go through Planning and it was approved. The most similar one I can point to is Kalikala Cuisine. You folks approved one on Alii Drive, Kalikala Cuisine, it was the old "Rapanui." He has set up an outdoor operation on a vacant parcel next to the restaurant. It's not the first we've seen of an outdoor operation. We wouldn't allow it in a mobile situation. That's why I say, we need to look past it as being a lunch wagon operation. He's parked there and he will operate it there. Lopez: Is it possible for you to take the wheels off and make it stationary? That would make a big different between portability and other potential applicants; where there is more of a sense of permanency. Takase: The license follows the lot, the parcel, not the truck. Lopez: No, no, but still. It's the portrayal of it being a "portable operation." Luquin: It will be a container. The truck is only for the food. The bar will be the container. Lopez: Is that in your application? Awelagte: That is what he was proposing. Luquin: We will have a container for the bar and also a container for the restaurant kitchen. We are trying to get the County to approve the container. Lopez: It says here, "You will operate the food truck and beer garden until a permanent building in the original location is rebuilt?" Luquin: Yes. Lopez: Have you started any plans or designing? Luquin: It will probably take a couple of years. Lopez: So you haven't started rebuilding anything yet? Luquin: No. Lopez: Okay, thank you. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 37 Taniguchi: So your food truck is on your present property? Luquin: Yes, but not in the same lot. It's on the lot below but it still belongs to me. Taniguchi: But you own it, right? Luquin: Yes, the whole parking lot. Taniguchi: I think in this particular case, we previously approved a parking lot area for another establishment in Pahoa so they could move alcohol across and it was a contained area. We're waiting for you folks to reopen again. For me, I don't have a problem on this particular one. I can see David's point and if this starts popping up all over the place, but they own the property. They operated a restaurant and unfortunately, it burnt down. This is temporary until they can rebuild. Onizuka: Is this going to be temporary or permanent? Takase: Well, it will be an operation for at least a couple of years. Onizuka: Another question, what kind of restroom facilities do you have? Luquin: We have portables and also the Community Center across the street. Onizuka: If you start going on that basis, we will start getting complaints from the Community Center because you're using that for your business. Looking at your netting that's surrounding the tented area for drinking, it's temporary; it's a plastic netting. I think if we are going to approve the license on a temporary basis, I would go along with it; but not on a permanent basis, not with that set-up. Nahale-a: I have a question. Looking at the next application, are you planning on operating both establishments? Luquin: Yes. Nahale-a: Okay. It's not that this is for now and you'll move to the building? Luquin: It's still a small restaurant and we won't be able to serve the amount of people we'd like to. Onizuka: Question. So you plan to build in this area? Luquin: Yes. Onizuka: And when do you plan to build? Luquin: It will probably take a couple of years. JULY 6, 2017 - LIQUOR COMMISSION MINUTES 38 Onizuka: Question for the Department. Can we make it a temporary license for one year and he will come back after that to renew? I wouldn't be OK with a permanent approval at this time. Takase: We can. Onizuka: Looking at this, everything is temporary. I think the problem that Mr. Greenwell's having. If we approve this permanently with tents, we will have this coming across frequently. On the West side of the island, they love to do that. Nahale-a: If this is a proposed increase, he's licensed for his original location, correct? Takase: He is. Nahale-a: He could theoretically take his tent there and operate, right? Takase: Well, it's up to the Commission. He has gone through quite a bit. There were questions about the temporary structures but Department of Health, Building and Planning have all approved. That is why we are here today. He has received approval from all of those Departments. Greenwell: Gerald, I concur with what Claude is saying and I think some others have the same understanding. Are you comfortable giving a license with strings attached? I understand what he's gone though and if others come forward with circumstances similar, we may have to approve them also. I also understand what Claude is saying and I think we need to look at this very carefully. Takase: Yeah and I'm not saying you must pass this. It still has to come through the Commission and it's up to you folks. Greenwell: I want to see him stay in business but I don't want to see us get put on the spot down the road. Takaba: So in a sense, we're approving a beer garden on a permanent basis? Takase: Yes. Takaba: Is that what the objection in issue is; that we shouldn't be approve a "beer garden" type? Onizuka: Well, if they have more of a permanent set up with a chain Zink fence and built restroom, not with a portable restroom and plastic fencing. Luquin: We have a chain link fence all around the property. JULY6, 2017- LIQUOR COMMISSION MINUTES 39 Onizuka: I'm talking about the beer consumption area. Takaba: Anything further? Onizuka: I have a question for the applicant. Would it be a problem if we granted you a temporary license for one year? Luquin: No. Onizuka: Then after that you could come back for a renewal? By then you should have your plans for that building. Luquin: I think it would be fine. It would also give me time to comply with the Health Department. I'm willing to build bathrooms. Onizuka: So you would be able to work with the one-year temporary license? Luquin: Yes and I will come back to re -apply. That's fine with me. Onizuka: Re -apply or ask for a renewal of the temporary license with your building plans. Luquin: Okay. Takaba: Shall we make a motion to that? Onizuka: I move to approve the temporary license for one year for Application No. 16-41, subject to renewal after the one year with future building plans. Nahale-a: Second. Takaba: It has been moved and seconded. Is there any discussion? Taniguchi: Can we not put the condition to come in with the plans? What if it's not completed? What kind of plans is it; rough plans, stamped plans? Say it's going well, they are progressing and there are no complaints, we would hate to be the road block at that time. If there's nothing planned, we could discuss it at the time. Onizuka: My only reason for that is because he plans to build within two years. Within one year, he should have some sort of plan for his property. Takase: Maybe if I can suggest he can come in at the year-end renewal time with a status report? Taniguchi: Can we change your motion? JULY 6, 2017 - LIQUOR COMMISSION MINUTES 40 Onizuka: I amend my motion to approve a one-year temporary license on Application No. 16-41, with a status report at the year-end renewal. Nahale-a: Second. Mr. Onizuka moved that Application No. 16-41, Luquin's Mexican Restaurant, Inc., dba Luquin's Mexican Restaurant, Inc., for an Application for Increase in Licensed Premises to include TMK: 1-5-002:024, to its Restaurant General liquor license, Category B2, located at 15-2942 A Pahoa Village, Road, Pahoa, Hawaii, TMK: 1-5-012:069, be approved for a one-year temporary license and status report at the year-end renewal with a public hearing to be held on September 7, 2017, in Hilo, Hawaii; seconded by Ms. Nahale-a. Takaba: If there are no objections, I'm not going to make the motion as an amendment. Is there any discussion? Lopez: Discussion, yes. Commissioner Onizuka? So, you're OK with the plastic fencing for that one year? Onizuka: On a one year temporary license, yes. Lopez: Okay, thank you. Takaba: Nothing further? 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. Luquin: Thank you. Takaba: Application No. 16-42, Luquin's Mexican Restaurant, for an original Restaurant General liquor license, Category B1. 6. Application No. 16-42 Luquin's Mexican Restaurant, Inc., dba Luquin's Cantina, for an original Restaurant General liquor license, Category B1, located at 15-1450 Kahakai Boulevard, Pahoa, Hawaii, TMK: 1-5-007:020. JULY 6, 2017- LIQUOR COMMISSION MINUTES 41 Salvador Luquin, Owner; Kirsten Heid, General Manager; and Vinton Awelagte, Office Manager and Accountant, were all present. Takaba: For the record, can you identify yourself and your relationship to the business? Luquin: My name is Salvador Luquin. I operate Luquin's Mexican Restaurant. Awelagte: My name is Vinton Awelagte. I'm the Accountant and Office Manager. Heid: My name is Kirsten Heid. I'm the General Manager. Takaba: Have you read the application report? Luquin: Yes. Takaba: Any changes? Luquin: No. Takaba: Can you describe your business for us? Luquin: We operate Luquin's Mexican Restaurant and Mexican Food. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Hearing none. Commissioners, do you have any questions? Greenwell: Can you explain the difference in the two different addresses? Awelagte: One is on Pahoa Village Road and the other is Kahakai Boulevard. Greenwell: I'm not familiar with the area. Heid: Kahakai Boulevard is the main boulevard that comes up from Hawaiian Beaches. It doesn't connect directly; it's an offset and you can access it from the bypass in Pahoa. They put in a small development which now has Longs, Burger King and a gas station Woodland Center. We are currently leasing what was previously a KFC. Greenwell: So this is a new location? Taniguchi: It's on the opposite side of town. Heid: Yeah, it's about a mile and a half away. JULY 6, 2017- LIQUOR COMMISSION MINUTES 42 Taniguchi: This is the beginning of Pahoa town, the new side. Takaba: Okay, thank you. Anybody else? Taniguchi: Move to approve application No. 16-42. If approved, public hearing to be held on September 7, 2017, in Hilo. Onizuka: Second. Mr. Taniguchi moved that Application No. 16-42, Luquin's Mexican Restaurant, Inc., dba Luquin's Cantina, for an original Restaurant General liquor license, Category B1, located at 15-1450 Kahakai Boulevard, Pahoa, Hawaii, TMK: 1-5-007:020, be approved for a public hearing to be held on September 7, 2017, in Hilo, Hawaii; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. Is there 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. Taniguchi: Good luck. Luquin: Thank you very much. VII. Unfinished Business Takaba: There is no Unfinished Business. We will move on to New Business. VIII. New Business Takaba: We will take Item 9 on New Business, if nobody objects. Aulani Asian Cafe & Cafe LLC, dba Aulani Asian Cuisine & Cafe, ratification of Application for Temporary Increase in Licensed Premises to the front and back parking lot. 9. Aulani Asian Cuisine & Cafe LLC, dba Aulani Asian Cuisine & Cafe, ratification of Application for Temporary Increase in Licensed Premises to JULY 6, 2017- LIQUOR COMMISSION MINUTES 43 the front and back parking lot for a private event for Mike Oliva held on June 4, 2017, approved by Director Gerald Takase on June 2, 2017, to its Dispenser General liquor license, Category B2, located at 45-3512 Mamane Street, Honoka`a, Hawaii. Takase: Sorry, Item 17. Item 9 is a temporary one and Item 17 is requesting a permanent increase. Takaba: Since we went this far, why don't we just ratify this one first? Is that okay? Is there any discussion? There was no discussion from the Commissioners. Taniguchi: Move to ratify Item 9, Aulani Asian Cuisine & Cafe LLC, dba Aulani Asian Cuisine & Cafe. Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Temporary Increase in Licensed Premises for Aulani Asian Cuisine & Cafe LLC, dba Aulani Asian Cuisine & Cafe, to the front and back parking lot for a private event for Mike Oliva held on June 4, 2017, approved by Director Gerald Takase on June 2, 2017, to its Dispenser General liquor license, Category B2, located at 45-3512 Mamane Street, Honoka`a, Hawaii; seconded by Mr. Onizuka. Takaba: Moved and second to ratify. Discussion? There was no discussion from the Commissioners. 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: Item 17, Aulani Asian Cuisine & Cafe LLC, submits Application for Increase in License Premises, to use the area in the restaurant as additional dining of approximately 187 square feet, to its Dispenser General liquor license. Can we have a motion? 17. Aulani Asian Cuisine & Cafe LLC, dba Aulani Asian Cuisine & Cafe, submits Application for Increase in Licensed Premises to use the area in front of the restaurant as additional dining of approximately 187 square feet, to its Dispenser General liquor license, Category B2, located at 45-3512 Mamane Street, Honoka`a, Hawaii, TMK: 4-5-016:051. JULY 6, 2017- LIQUOR COMMISSION MINUTES 44 Ruby Agustin, Manager and Shu -Ling Segler, Owner, both were present. Taniguchi: Move to approve without publication of notice at a public hearing pursuant to HRS 281-62, as amended. Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission approve the Application for Increase in Licensed Premises for Aulani Asian Cuisine & Cafe LLC, dba Aulani Asian Cuisine & Cafe, to use the area in the front of the restaurant as additional dining of approximately 187 square feet, to its Dispenser General liquor license, Category B2, located at 45-3512 Mamane Street, Honokaa, Hawaii; without publication of notice at a public hearing pursuant to HRS 281-62, as amended; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? Takase: Mr. Chairman, the applicant is asking to create an outdoor dining area to the front of their restaurant. Do you have two tables? Segler: We have three. Agustin: You can't see it from these pictures. We have two chairs and a coffee table. Segler: It can seat eight. Takase: Would you provide some sort of delineation between your service areas and the common areas? Agustin: Like? Takase: So, you have the table right here... Agustin: Right. Takase: But usually we would like to have some sort of fencing or planting to designate the consumption and dining area from the walkway. Agustin: We definitely could. At our event that we got the permit for, we did use planters. Not often do we use this spot to consume alcohol, but we'd like to use it as a staging area. We have a small area inside where we ask people to wait if the bar or restaurant is full, until they could move them in. A lot of people leave because we cannot serve them alcoholic beverages in that area. But if you're saying to block it off and make JULY 6, 2017- LIQUOR COMMISSION MINUTES 45 sure the walkway is OK, we can definitely accommodate anything. We're just coming to ask if we can offer this to our patrons. Lopez: Question. You're referring to the entrance door? Agustin: Yes. Lopez: How about the area way over to the right? Where does that go to? Agustin: That area to the right is the bathroom. We're not asking for that area. If you look at this, it will be to the right of the front. That table is put there every morning. We can pull it back and put more planters closer to the building. Where that fence is, that area, it's a walkway. That area wouldn't be counted. We are just looking at the front door to where the table is. Lopez: Is that your property to the right? Agustin: Yes. We're not asking for that area. Lopez: So you wouldn't serve there? Agustin: No, it's a staging area. Again, usually what we try to do is accommodate people and get them into our restaurant. We prefer them to be inside our restaurant to drink. However, sometimes, for example, because First Friday is coming up we will have to turn away many people because we can't serve them there. Our bar is located through these windows where we can see and it is also where our hostess stand is. We are fully aware on keeping an eye out when alcohol is being served outside. If we put planters out, it's not like they can just leave because it's a fence on the other side and there is also the walkway. Lopez: What if somebody came to the window to order a drink? Agustin: They would have to come inside to the bar to order. Lopez: And then come out to this area to sit? Agustin: Yes. Lopez: And you have way to monitor that they wouldn't carry it away? This is a very inviting location. Agustin: Yes. This table — Segler: The reason we put the table there is to block people from parking there. Parking in Honoka'a is very limited. JULY 6, 2017- LIQUOR COMMISSION MINUTES 46 Agustin: Yes, the table is a parking blockage. That's all it is. We do apologize. Lopez: Okay, maybe if you can put something else in place of the table? It's an attractive nuisance. Agustin: We definitely will. Nahale-a: Question. So it's not going to be a service area? Segler: No. We questioned putting chairs there because we don't want people sitting there and just drinking. Agustin: We will use it as a staging area but if it's there we would like to have it as an option. It seats eight. We run a small restaurant with a staff of three. Everyone in our establishment got sent to do a blue card. We are fully aware of what you require from us. Nahale-a: I'm good with some type of barricade as Gerald suggested. Agustin: Can we do planters? It would look better with the ambiance versus a caution tape? Masuda: Gerald, I have a question. We have a motion and it's been seconded. Do they have to come back and show they put the planters in? Takase: They still have to add the increase. We will catch it on the final inspection. Takaba: Any more discussion? There was no further discussion from the Commissioners. Takaba: If 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. Agustin: Thank you so much! JULY 6, 2017- LIQUOR COMMISSION MINUTES 47 Takaba: Going back to Item 1. Mid Pac CS, LLC, dba Kilauea Mako's Market, requests approval of merger that would merge Mid Pac CS, LLC, into Mid Pac Petroleum, LLC. 1. Mid Pac CS, LLC, dba Kilauea Mako's Mart, requests approval of merger that would merge Mid Pac CS, LLC, into Mid Pac Petroleum, LLC, received on June 2, 2017, effective June 22, 2017, as part of an overall corporate restructuring. Upon Commission approval, the Certificate of Merger will be provided to the Department, to its Retail Beer and Wine liquor license, located at 1698 Kilauea Avenue, Hilo, Hawaii. Taniguchi: Move to ratify issuance of license, RBW-521, effective July 1, 2017. Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission ratify the issuance of license, RBW-521, effective July 1, 2017 for Mid Pac CS, LLC, dba Kilauea Mako's Mart, to accept merger that would merge Mid Pac CS, LLC, into Mid Pac Petroleum, LLC, received on June 2, 2017, effective June 22, 2017, as part of an overall corporate restructuring. Upon Commission approval, the Certificate of Merger will be provided to the Department, to its Retail Beer and Wine liquor license, located at 1698 Kilauea Avenue, Hilo, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded. 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: Item 2, Sushi Rock Bar, LLC, dba Sushi Rock, submits Certificate of Conversion to change Sushi Rock Bar LLC, dba Sushi Rock to Sushi Rock Bar Inc., dba Sushi Rock, effective January 1, 2017. 2. Sushi Rock Bar, LLC, dba Sushi Rock, submits Certificate of Conversion to change Sushi Rock Bar, LLC, dba Sushi Rock to Sushi Rock Bar Inc., dba Sushi Rock, effective January 1, 2017, received on June 1, 2017, to its Dispenser General liquor license, Category B1, located at 55-3435 Akoni Pule Highway, Hawi, North Kohala, Hawaii. JULY 6, 2017- LIQUOR COMMISSION MINUTES 48 Takaba: Motion? Nahale-a: Move to ratify issuance of license, DG -603, effective July 1, 2017. Taniguchi: Second. Ms. Nahale-a moved that the Liquor Commission ratify the issuance of license, DG -603, effective July 1, 2017, for Sushi Rock Bar, LLC, dba Sushi Rock, to accept the Certificate of Conversion to change Sushi Rock Bar, LLC, dba Sushi Rock to Sushi Rock Bar Inc., dba Sushi Rock, effective January 1, 2017, received on June 1, 2017, to its Dispenser General liquor license, Category B1, located at 55-3435 Akoni Pule Highway, HawT, North Kohala, Hawaii; seconded by Mr. Taniguchi. Takaba: It has been moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Takaba: If 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: Item 3, Marriott Hotel Services Inc., dba Waikoloa Beach Marriott Resort & Spa, ratification of Application of Alteration Permit for the lobby area renovation. 3. Marriott Hotel Services, Inc., dba Waikoloa Beach Marriott Resort & Spa, ratification of Application for Alteration Permit for the lobby area renovation, received on May 31, 2017, approved by Director Gerald Takase on June 19, 2017, to its Hotel liquor license, located at 69-275 Waikoloa Beach Drive, Waikoloa, South Kohala, Hawaii, TMK: 6-9-007:008. Taniguchi: Move to ratify. Nahale-a: Second. JULY 6, 2017- LIQUOR COMMISSION MINUTES 49 Mr. Taniguchi moved that the Liquor Commission ratify the Application for Alteration Permit for Marriott Hotel Services, Inc., dba Waikoloa Beach Marriott Resort & Spa for the lobby area renovation, received on May 31, 2017, approved by Director Gerald Takase on June 19, 2017, to its Hotel liquor license, located at 69-275 Waikoloa Beach Drive, Waikoloa, South Kohala, Hawaii, TMK: 6-9-007:008; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. 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: Item 4, Kyong Hui Corporation, dba Kona Liquor Store, submits Personal History and Affidavit for Sujan Yi as Secretary, effective March 23, 2017. 4. Kyong Hui Corporation, dba Kona Liquor Store, submits Personal History and Affidavit for Sujan Yi as Secretary, effective March 23, 2017, letter received May 3, 2017, Personal History and Affidavit received on May 31, 2017, to its Retail General liquor license, located at 74-5540 Kaiwi Street, Unit 1, Kailua-Kona, Hawaii. Taniguchi: Move to approve. Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission accept the Personal History and Affidavit for Sujan Yi as Secretary, effective March 23, 2017, letter received on May 3, 2017, Personal History and Affidavit received on May 31, 2017, to its Retail General liquor license, located at 74-5540 Kaiwi Street, Unit 1, Kailua-Kona, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Takaba: All those in favor say "Aye." JULY 6, 2017- LIQUOR COMMISSION MINUTES 50 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Hilton Grand Vacations Company, LLC, dba The Bay Club Cafe, submits Personal History and Affidavit for Charles Russell Corbin, Jr., who replaced Michael Dean Brown as Chief Operating Officer. 5. Hilton Grand Vacations Company, LLC, dba The Bay Club Cafe, located at 69-450 Waikoloa Beach Drive, Waikoloa, Hawaii; dba Hilton Grand Vacations Club at Waikoloa Beach Resort, located at 69-550 Waikoloa Beach Drive, Waikoloa, Hawaii; and dba Kings' Land by Hilton Grand Vacations Club, located at 69-699 Waikoloa Beach Drive, Waikoloa, Hawai'i, submits Personal History and Affidavit for Charles Russell Corbin, Jr., who replaced Michael Dean Brown as Chief Operating Officer, effective April 17, 2017, received on May 30, 2017, to its Dispenser General liquor license. Taniguchi: Move to accept the Personal History and Affidavit. Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission accept the Personal History and Affidavit for Charles Russell Corbin, Jr., who replaced Michael Dean Brown as Chief Operating Officer, effective April 17, 2017, received on May 30, 2017, for Hilton Grand Vacations Company, LLC, dba The Bay Club Cafe, located at 69-450 Waikoloa Beach Drive, Waikoloa, Hawaii; dba Hilton Grand Vacations Club at Waikoloa Beach Resort, located at 69-550 Waikoloa Beach Drive, Waikoloa, Hawaii; and dba Kings' Land by Hilton Grand Vacations Club, located at 69-699 Waikoloa Beach Drive, Waikoloa, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. 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. JULY 6, 2017- LIQUOR COMMISSION MINUTES 51 The motion was carried unanimously. Takaba: HIE Retail, LLC, dba 2 Go Tesoro (Kaloko Industrial) #89, submits Personal History and Affidavit for Eric Paul Wright as Manager, effective May 11, 2017. Motion? 6. HIE Retail, LLC, dba 2 Go Tesoro (Kaloko Industrial) #89, located at 73-4796 Kanalani Street, Kailua-Kona, Hawaii; dba 2 Go Tesoro (Kamehameha Avenue) #81, located at 434 Kamehameha Avenue, Hilo, Hawaii; and dba 2 Go Tesoro (Kealakekua) #87, located at 81-6673 Mamalahoa Highway, Kealakekua, Hawai'i, submits Personal History and Affidavit for Eric Paul Wright as Manager, effective May 11, 2017, received on June 26, 2017, to its Retail General liquor license. Nahale-a: Move to accept Personal History. Taniguchi: Second. Ms. Nahale-a moved that the Liquor Commission accept Personal History and Affidavit for Eric Paul Wright as Manager, effective May 11, 2017, received on June 26, 2017, for HIE Retail, LLC, dba 2 Go Tesoro (Kaloko Industrial) #89, located at 73-4796 Kanalani Street, Kailua-Kona, Hawaii; dba 2 Go Tesoro (Kamehameha Avenue) #81, located at 434 Kamehameha Avenue, Hilo, Hawaii; and dba 2 Go Tesoro (Kealakekua) #87, located at 81-6673 Mamalahoa Highway, Kealakekua, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. 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. Greenwell: Chair? Takaba: Yes. Greenwell: Can we take Items 7 and 8 together? Takaba: Okay. Greenwell: Can also we get an explanation of the difference between the two permits? Takaba: Okay. Do we have any objections to take Items 7 and 8 together? JULY 6, 2017- LIQUOR COMMISSION MINUTES 52 7. William Carnett, ratification of Individual Importation of Liquor Permit, approved by Director Gerald Takase on June 2, 2017. 8. Erika Kuhr, ratification of Alcohol Purchase Permit, approved by Director Gerald Takase on May 31, 2017. Takase: Let me explain what they are first before you vote on it. Individual Importation of Liquor is when a person wants to bring a large quantity of liquor to the islands. This typically happens when they are relocating from the mainland or foreign country to Hawaii. The requirements are if you have 45 bottles or more of liquor you are supposed to get a permit. I don't know how many people actually do that. The military will require this permit when they move. The Alcohol Purchase Permit is when we license pure alcohol of 190 proof or more. These are for industrial purposes or cleaning; sometimes to make perfumes, too. Greenwell: Thank you. May I make a motion to ratify Items 7 and 8? Takaba: Do we have a second? Taniguchi: Second. Mr. Greenwell moved that the Liquor Commission ratify the Individual Importation of Liquor for William Carnett, approved by Director Gerald Takase on June 2, 2017 and the Alcohol Purchase Permit for Erika Kuhr, approved by Director Gerald Takase on May 31, 2017; seconded by Mr. Taniguchi. Takaba: Moved and seconded to ratify Items 7 and 8. Any discussion? Nahale-a: Why are we putting them together? They're different. Takaba: I think the idea was to explain the difference between the two. Any further discussion? There was no further discussion from the Commissioners. Takaba: If 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: We took Item 9. Moving on to Item 10, Kim Mukai LLC — Onizuka: Mr. Chair, can we take Items 10, 11 and 12 together? They're all the same. 10. Kim Mukai LLC, dba Kim's at Hilo Muni, ratification for Application for JULY 6, 2017- LIQUOR COMMISSION MINUTES 53 Temporary Increase in Licensed Premises to the covered patio fronting the restaurant to accommodate golf tournament participants and awards held on June 12, 2017, approved by Director Gerald Takase on June 8, 2017, to its Restaurant General liquor license, Category B1, located at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawaii. 11. Kim Mukai LLC, dba Kim's at Hilo Muni, ratification of Application for Temporary Increase in Licensed Premises to the covered patio fronting the restaurant to accommodate live music held on June 24, 2017, approved by Director Gerald Takase on June 19, 2017, to its Restaurant General liquor license, Category B1, located at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawaii. 12. Kim Mukai LLC, dba Kim's at Hilo Muni, ratification of Application for Temporary Increase in License Premises to the covered patio fronting the restaurant to accommodate the Waiakea High School Class of 1992 Reunion held on June 30, 2017, approved by Director Gerald Takase on June 28, 2017, to its Restaurant General liquor license, Category B1, located at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawaii. Takaba: Okay. Items 10, 11 and 12, taken as one. If there are no objections, can we have a motion? Onizuka: Move to approve ratification for Items 10, 11 and 12, for Kim Mukai LLC, dba Kim's at Hilo Muni. Taniguchi: Second. Mr. Onizuka moved that the Liquor Commission ratify the Applications for Temporary Increase in Licensed Premises for Kim Mukai LLC, dba Kim's at Hilo Muni for events held on June 12, 2017, approved by Director Gerald Takase on June 8, 2017; June 24, 2017, approved by Director Gerald Takase on June 19, 2017, and June 30, 2017, approved by Director Gerald Takase on June 28, 2017, to its Restaurant General liquor license, Category B1, located at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawaii; seconded by Mr. Taniguchi. Takaba: They are all for Kim Mukai LLC, dba Kim's at Hilo Muni, applying for Temporary Increase in Licensed Premises. Discussion anyone? Taniguchi: I have a question. Gerald, this is right outside of the restaurant? Takase: Yes, it's not their property. It's owned by the golf course. You will see them coming in a lot. Taniguchi: They have to come in every time they want to use that area? Takase: Yes. JULY 6, 2017- LIQUOR COMMISSION MINUTES 54 Arakaki: I have another question. Is there a limit to the number a permits they can have? Takase: We give them six free. After that they will have to come here to get the approval. Arakaki: They have to show up for the meeting? Takase: They can submit their request in writing. It's typically the same procedure. After the first six, they have to explain why they're getting so many. In this case, it's the way the golf course is structured. They don't own the area outside their sliding door. Every big event will ask to use the area. Arakaki: And that would be the reason they would ask for an extension of their premises; because they don't own it? Takase: Correct. They are asking for a temporary increase for that specific event. We will probably see a lot from them. Takaba: Any further questions? There were no further questions. Takaba: 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: If nobody objects, can we take Items 13 and 14 together? Can we have a motion? 13. 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 Texas Hold'em held on June 5 and 19, 2017, approved by Administrative Officer, Brandon Gonzalez on June 5, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. 14. 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 Texas Hold'em held on July 10 and 24, 2017, approved by Director Gerald Takase on June 26, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Greenwell: Motion to ratify Items 13 and 14, for Kona, Hawaii, Lodge No. 2616, JULY 6, 2017 - LIQUOR COMMISSION MINUTES 55 Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club. Taniguchi: Second. Mr. Greenwell moved that the Liquor Commission ratify the Applications for Game Permit for Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club for events held on June 5 and 19, 2017, approved by Administrative Officer, Brandon Gonzalez and on July 10 and 24, 2017, approved by Director Gerald Takase on June 26, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii; seconded by Mr. Taniguchi. Takaba: Thank you. Both are to ratify Application for Game Permits. 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 opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: If nobody objects, we will take Items 15 and 16 together as well. Can we have a motion? 15. Papaaloa Market & Cafe LLC, dba Papaaloa Country Store & Cafe, ratification of Application for Entertainment Permit for live music on Friday evening held on June 2, 9, 16, 23 and 30, 2017, approved by Director Gerald Takase on June 1, 2017, to its Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papaaloa, Hawaii. 16. Papaaloa Market & Cafe LLC, dba Papaaloa Country Store & Cafe, ratification of Application for Entertainment Permit for live music on Saturday evening held on June 17, 2017, approved by Director Gerald Takase on June 16, 2017, to its Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papaaloa, Hawaii. Lopez: Move to ratify. Taniguchi: Second. Mr. Lopez moved that the Liquor Commission ratify the Applications for Entertainment Permit for Papaaloa Market & Cafe LLC, dba JULY 6, 2017- LIQUOR COMMISSION MINUTES 56 Papaaloa Country Store & Cafe for live music held on June 2, 9, 16, 23, and 30, 2017, approved by Director Gerald Takase on June 1, 2017, and on June 17, 2017, approved by Director Gerald Takase on June 16, 2017, to its Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa`aloa Hawaii; seconded by Mr. Taniguchi. Takaba: Moved to ratify Items 15 and 16 together, for Papaaloa Market & Cafe LLC, dba Papaaloa Country Store & Cafe, for Entertainment Permit. 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. Takaba: Item 18, Special Licenses issued for ratification. Can we have a motion? Taniguchi: Move to ratify Special Licenses, Application No. SP -16-98 to SP -17-02, Item No. 18(a) to 18(h). Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission ratify the following Special Licenses: 18. Special Licenses issued for ratification a. Application No. SP -16-98, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, held at the Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii, on May 27, 2017. b. Application No. SP -16-99, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, held at the Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii, on June 10, 2017. c. Application No. SP -16-100, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held at the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on June 3, 4, 9, and 10, 2017. d. Application No. SP -16-101, The Kahilu Theatre Foundation, dba JULY 6, 2017 - LIQUOR COMMISSION MINUTES 57 The Kahilu Theatre, for a Special Beer and Wine liquor license, held at the Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii, on June 10 and 24, 2017. e. Application No. SP -16-102, Hilo Rotary Club Foundation, dba Hilo Rotary Club Foundation, for a Special Beer and Wine liquor license, held at Wainaku Ventures, located at 26-238 Hawai'i Belt Road, Hilo, Hawaii, on June 24, 2017. f. Application No. SP -16-103, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held at the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on June 23, 24, and 25, 2017. Application No. SP -17-01, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license, held at Kona Brewery's parking lot, located at 74-5617 Pawai Place, Kailua-Kona, Hawaii, on July 1, 2017. h. Application No. SP -17-02, North Kohala Community Resource Center, dba North Kohala Community Resource Center, for a Special Beer and Wine liquor license, held at the Kohala Village Hub, located at 55-514 Hawi Road, Rawl, Hawaii, on July 1, 2017. g. The motion was seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. 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: Item 19, there are no Transient Vessel Licenses issued for ratification. 19. Transient Vessel Licenses issued for ratification NONE IX. Announcements Takaba: Any announcements? Gerald? JULY 6, 2017- LIQUOR COMMISSION MINUTES 58 Takase: The State Conference will be from October 22-25 and will be at the King Kamehameha Hotel. We will start on Sunday night with an opening reception and go through Wednesday. Takaba: Thank you. The next meeting is in Kona on August 3. Meetings of Liquor Commission August 3, 2017, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. September 7, 2017, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. X. Adjournment Takaba: May we have a motion to adjourn? Lopez: So moved. Taniguchi: Second. Takaba: Moved and seconded to adjourn. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. We are adjourned. Meeting adjourned at 11:45 A.M. Id Takase Director The July 6, 2017, Liquor Commission Minutes were approved as circulated via e-mail/mail on July 27, 2017, by the Liquor Commission of the County of Hawaii on August 3, 2017. JULY 6, 2017— LIQUOR COMMISSION MINUTES 59