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HomeMy WebLinkAbout2017-12-07 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION DECEMBER 7, 2017 WEST HAWAII CIVIC CENTER, 74-5044 ANE KEOHOKALOLE HIGHWAY, BUILDING B, 2ND FLOOR, KAILUA-KONA, HAWAII I. Call To Order The meeting was called to order by Vice Chair Art Taniguchi at 10:02 A.M., in the Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawai'i. The following were present and constituted a quorum: Commissioners: Absent and Excused: Others Present: William Takaba, Chair Art Taniguchi, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Stephen Lopez, Commissioner Shelby Nahale-a, Commissioner Claude Onizuka, Commissioner None Gerald Takase, Director Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Gail Fujimotb, Licensing Officer Stacie Waltjen, Licensing Tech I Nyssa Aoki, Clerk III Dorsi Lim, Secretary to the Board & Commission Takaba: Good morning everyone, thank you for coming. I'd like to call this meeting of the Liquor Commission to order. First of all, I'd like to remind everyone to put their phones on vibrate or silent mode please. We will begin with introductions starting from Dorsi. Lim: Dorsi Lim, Secretary to the Board & Commission. Aoki: Nyssa Aoki, Clerk. Fujimoto: Gail Fujimoto, Licensing Officer. Takase: Gerald Takase, Director. Arakaki: Warren Arakaki, Commissioner. Onizuka: Claude Onizuka, Commissioner. Taniguchi: Art Taniguchi, Commissioner. Takaba: Bill Takaba, Commissioner. Masuda: Craig Masuda, Commission Counsel. Lopez: Steven Lopez, Commissioner, District 8. Greenwell: David Greenwell, District 9 Commissioner. Nahale-a: Aloha, Shelby Nahale-a, Commissioner. Waltjen: Stacie Waltjen, Licensing Tech. Gonzalez: Brandon Gonzalez, Administrative Officer. II. Approval of Minutes Takaba: Thank you. Can we have a motion to approve the minutes of November 2, 2017. Taniguchi: Move to approve. Nahale-a: Second. Mr. Taniguchi moved to approve the November 2, 2017, Liquor Commission minutes as circulated; seconded by Ms. Nahale-a. Takaba: It's been moved and seconded . Is there any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 2 The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Takaba: There are no supplemental items on the agenda. IV. Public Statements on Agenda Items Takaba: We'll move on to Public Statements. Does anyone have any general public statements to make at this time? There was no reply from the public. Takaba: Hearing none, we will move on to Public Hearings. V. Public Hearings Takaba: If there are no objections, we will take out of order Public Hearings, Items 7, 8, and 9. 7. Application No. T17-12 Last Call Saloon, LLC, dba Last Call Saloon, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Landing Ohana LLC, dba The Landing Restaurant, located at 45-3490 Mamane Street, Unit G, Honoka'a, Hawaii, TMK: 4-5-006:014. Michael O'Sullivan, Owner and Tom Whalen, Manager were present. Chu: Good morning, Chairman Takaba and members of the Commission. First of all, Happy Holidays. Newton Chu on behalf of the applicant Last Call Saloon. To my right we have the principals of the LLC here, Tom Whalen and Mike O'Sullivan. We have no comments to the report. Takaba: You don't have any changes? Do you want to describe the business? Chu: Well, the Last Call Saloon is exactly what it says. It's a saloon and it's the last stop before you get to Waimea from Hilo. As they explained to me, they're retired and it's their last call. Takaba: Thank you. Director Takase, do you have any report of protests? Takase: Mr. Chairman, this is a sale and transfer, publication was made and there were no protests made to this application. Takaba: Thank you. Do we have any public testimony on this item? There was no reply from the public. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 3 Takaba: Hearing none, Commissioners, do you have any questions? If not, can we have a motion to close public hearing? There were no questions from the Commissioners. Taniguchi: Move to close the public hearing. Nahale-a: Second. Mr. Taniguchi moved to close the public hearing on Application No. T17-12; seconded by Ms. Nahale-a. Takaba: It's been moved and seconded. Is there any discussion? There was no discussion. Takaba: Hearing none, all those in favor to close the public hearing, signify by saying "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Is there a motion to approve the application? Taniguchi: I move to approve Application No. T17-12, pending final inspection. Onizuka: Second. Mr. Taniguchi moved to approve Application No. T17-12, Last Call Saloon, LLC, dba Last Call Saloon, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Landing Ohana LLC, dba The Landing Restaurant, located at 45-3490 Mamane Street, Unit G, Honoka`a, Hawaii, TMK: 4-5-006:014, pending final inspection. Takaba: It's been moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor signify by saying, "Aye." DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 4 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. Thank you. The motion was carried unanimously. Chu: Thank you very much. Whalen: Thank you. O'Sullivan: Thank you. Takaba: Application T17-14, WHR, LLC, dba Grand Naniloa Hotel, for a sale and transfer of the Hotel liquor license currently held by Aqua Hospitality LLC, dba Naniloa Hotel. 8. Application No. T17-14 WHR, LLC, dba Grand Naniloa Hotel, a Doubletree by Hilton, for a sale and transfer of the Hotel liquor license currently held by Aqua Hospitality LLC, dba Hilo Naniloa Hotel, located at 93 Banyan Drive, Hilo, Hawaii, TMK: 2-1-005:013, 016, 017, 027, 032 and 046. Stuart Miller, Managing Member of WHR and Noelle Ross were present. Chu: Good morning Chairman Takaba, members of the Commission. Newton Chu on behalf of the applicant WHR, LLC. To my right, Stu Miller and to his right, Noelle Ross. Stuart Miller is the managing member of WHR. We have no changes to the report. Takaba: Can you describe your business briefly? Chu: I can tell you that the rebirth of the Hawaii Naniloa Hotel is going really well. Occupancy is incredible, Stu can update you on that. The new restaurant is in operation. If you haven't been there, we invite you to come visit. Miller: WHR, LLC owns the Naniloa under the Hilton Doubletree franchise„ We will be managing the restaurant, the retail center which sells the packaged beer and wine as well as room service and the lobby bar, as well as banquets and catered events and the Crown Room and the Ho'omalimali meeting spaces. Takaba: Thank you. Director, report of protests? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 5 Takase: Mr. Chairman, this is a sale and transfer, publication was made and there were no protests to this application. I have one question. Is the Crown Room completed now? Miller: Crown Room is complete. The entire project has been completed. Takase: And Hula Hulas is open, which I've heard many good things about. Do you have any kind of a timetable for any of your other venues? Miller: The Polynesian Room—we've started the design and budgeting process, so we hope to be in a position to apply for permits to start the renovation by the summer of 2018, and then commence the work by the end of 2018. It is the goal. Takase: And the Kilohana Room? Miller: The Kilohana Room is currently on hold. We're going to see where demand is in 2018, for additional meeting space. The long term vision is to keep that as a meeting and banquet facility and to renovate it. It'II probably occur towards the end of 2018, or into 2019, depending on Hilton demand. Takase: Are you going to keep the golf course, or does someone else own that property? Miller: The golf course—we're currently managing, and I think long term it may be re- developed into something else. We've been working with the State and County on a land plan for that. No time frame associated with that yet, but it's an ongoing process as to what the highest and best use is with County and State support. Takase: Thank you. Takaba: Thank you. Is there any public testimony on this application? There was no reply from the public. Takaba: If none, can we have a motion to close the public hearing? Taniguchi: Move to close public hearing. Greenwell: Second. Mr. Taniguchi moved to close the public hearing; seconded by Mr. Greenwell. Takaba: Moved and seconded to close the public hearing. Is there any discussion? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 6 There was no discussion from the Commissioners. Takaba: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Taniguchi: Move to approve Application No. T17-14, pending final inspection. Greenwell: Second. Mr. Taniguchi moved to approve Application No. T17-14, WHR, LLC, dba Grand Naniloa Hotel, a Doubletree by Hilton, for a sale and transfer of the Hotel liquor license currently held by Aqua Hospitality LLC, dba Hilo Naniloa Hotel, located at 93 Banyan Drive, Hilo, Hawaii, TMK: 2-1-005:013, 016, 017, 027, 032 and 046; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve Application No. T17-14. Is there any discussion? There was no discussion from the Commissioners. Takaba: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Nahale-a: Thank you. Chu: Thank you very much. I just want to make a clarification, is this for the Retail or for the Hotel? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 7 Takase: That was for the Hotel. Chu: Ok. Taniguchi: The next one is the Retail. Chu: Ok. I just wanted to make sure. Takase: We're on Application No. T17-15, WHR, LLC, dba The Sundries Store, for a sale and transfer of the Retail General liquor license currently held by Aqua Hospitality LLC, dba The Sundries Store. 9. Application No. T17-15 WHR, LLC, dba The Sundries Store, for a sale and transfer of the Retail General liquor license currently held by Aqua Hospitality LLC, dba The Sundries Store, located at 93 Banyan Drive, Hilo, Hawai'i, TMK: 2-1-005:016. Stuart Miller, Managing Member of WHR, LLC, and Noelle Ross were present. Chu: Good morning Chairman Takaba, members of the Commission. Newton Chu on behalf of the applicant WHR, LLC. To my right Stuart Miller, managing member of WHR, LLC, and to his right Noelle Ross. No changes to the report. Takaba: Can you describe this business? Miller: The Sundries Store sells individual bottles of beer and wine, small bottles of beer and wine for hotel customers to consume within their own guest room. Takaba: Director, any protests? Takase: Mr. Chairman, again this is a sale and transfer, publication was made and there were no protests to the application. Takaba: Thank you. Do we have any public testimony on this application? There was no reply from the public. Takaba: None. Could I have a motion to close the public hearing? Taniguchi: Move to close the public hearing. Greenwell: Second. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 8 Mr. Taniguchi moved to close the public hearing on Application No. T17-15; seconded by Mr. Greenwell. Takaba: Moved and seconded to close the 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." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Taniguchi: Move to approve Application No. T17-15, pending final inspection. Onizuka: Second. Mr. Taniguchi moved to approve Application No. T17-15, WHR, LLC, dba The Sundries Store, for a sale and transfer of the Retail General liquor license currently held by Aqua Hospitality LLC, dba The Sundries Store, located at 93 Banyan Drive, Hilo, Hawaii, TMK: 2-1-005:016; seconded by Mr. Onizuka. Takaba: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Takaba: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 9 Chu: Thank you. Thank you very much. Nahale-a: Thank you. Takaba: If there are no objections, we will takeout of order preliminary hearing Item No. 1. 1. Application No. T17-16 RCSH Operations, Inc., dba Ruth's Chris Steak House, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Lava Coast Steak House, LLC, dba Ruth's Chris Steak House, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Building E, Suite 121, Kohala Coast, Hawaii, TMK: 6-8-022:002. Chu: Good morning, Chairman Takaba, members of the Commission. Newton Chu on behalf of the transferee today. I'm also the authorized agent on behalf of the transferee. We also have no changes to the report. Takaba: Can you describe this business? Chu: Yes. Ruth's Chris Steak House is a very famous national chain that has been operating throughout the State of Hawaii. We have six restaurants throughout the State of Hawaii. Two on Oahu, two on Maui, one on Kauai that recently opened, and of course the Mauna Lani operations. For the past nine years on this island, the restaurant has been operated by a franchise; operated by Randy Schoch who's a very famous restaurateur in Hawaii. One of the other venues is the Macaroni Grill here in Waikoloa. Recently, there was a public announcement that the franchisor, Ruth's Hospitality Group out of Orlando, Florida has entered into an agreement to purchase the six franchised Ruth's Chris restaurants in the State of Hawaii, of which the Lava Coast Steak House is one of them. So that transaction is still pending. The application to change the license is before you. We anticipate that there'll be no changes to the restaurant or its operations or its employees. So the transfer will be fairly transparent and with no adverse affect on employment or management here. Takaba: Thank you. Do we have any public testimony on this application? There was no reply from the public. Takaba: If not, can we have a motion to approve or deny Application No. T17-16? Taniguchi: Move to approve Application No. T17-16, if approved public hearing to be held January 4, 2018, in Hilo, Hawaii. Takaba: Do I hear a second? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 10 Onizuka: Second. Mr. Taniguchi moved to approve Application No. T17-16, RCSH Operations, Inc., dba Ruth's Chris Steak House, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Lava Coast Steak House, LLC, dba Ruth's Chris Steak House, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Building E, Suite 121, Kohala Coast, Hawaii; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve with public hearing to be held on January 4, 2018, in Hilo. Is there any discussion? There was no discussion from the Commissioners. Takaba: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Nahale-a: Thank you. Chu: Thank you. I want to thank you, Commissioners, for taking me out of order. I want to thank the other attendants; I have a flight to catch for the Kauai hearing. So I want to thank you all. Have a nice holiday season. Takaba: We move on to Application No. 17-03, Keoni's Point of View, LLC, dba Keoni's Point of View, for an original Dispenser Beer and Wine liquor license. 1. Application No. 17-03 Keoni's Point of View, LLC, dba Keoni's Point of View, for an original Dispenser Beer and Wine liquor license, Category B1, located at the Honokohau Harbor, 74-425 Kealakehe Parkway, Space No. 17, Kailua-Kona, Hawaii, TMK: 7-4-008:042. Kalina Unger and Keoni Llanes, Owners, were present. Takaba: Can you identify yourselves? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 11 Unger: I'm Kalina Unger, this is Keoni Llanes. Takaba: And the relation to the business? Unger: We're the owners. Takaba: Do you have any changes to the application you submitted? Unger: No. We're just, right now, in the permitting stages. They had told us it was a restaurant going into it, and then it was a snack bar. So we had to change it. It was in Planning for two months and now it's in permitting. So we're just waiting on the County. No changes. Takaba: Can you describe your business? Unger: We're going to do a fish market and get local fish from all the people in the harbor. His dad lives in Fiji and he wants to incorporate that and have a mixture of all kinds of foods that you can't really get anywhere. Llanes: High-end restaurant at local prices. So you can eat fish and not worry about what you pay for it. You know what I mean? Takaba: Very good. Director, do you have any protests? Takase: Mr. Chairman, the applicant mailed three out of three notices within 100 feet, seven out of seven within 500 feet, there were four properties entitled to protest. There were no protests of this application. Takaba: Thank you. Do we have any public testimony on this application? There was no reply from the public. Takaba: Hearing none, can we have a motion? Onizuka: I have a question. So now you're going to go for a restaurant license? Unger: Yes. Onizuka: So they were operating as a snack bar? Unger: Yes. Onizuka: That's the old Bite Me, right? Unger: Yes. They didn't have a hood in there. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 12 Takase: It was a restaurant, but when they went through Planning, originally they had classified them as a snack bar. I guess more like a cold kitchen. Llanes: Yes. Cold cuts. Unger: Yes. That's exactly what is was. Onizuka: So they were operating illegally? Takase: I don't know if I'd say illegally, but it depended what they had on their menu. If they had fried items, then (they would be a restaurant). Greenwell: It was a restaurant, believe me I've been there, it was a restaurant. Unger: They went in about seven years ago when they didn't need to have all that stuff. So now, everything has changed. I guess Honolulu laws and regulations (changed), so everything that we've been going into, we have to permit everything. So we have a hood that we have to put in, and all that had to be, so we have to get permits to do all that. Llanes: We've been stuck in this for a year and a half now. Planning just kicked it out to Building because they're stuck trying to find the restaurant but it was registered under snack bar. So we have to re -do a lot of stuff in the restaurant itself. Unger: And it's on State land so there's even more permitting. I don't know how Bite Me did it for so long. Greenwell: Which Unger are you? Who's your dad? Unger: Ah, Jimmy. Greenwell: Related to Rusty? Unger: Yeah, that's my dad's brother. Greenwell: Well, we have two fishing families here, Llanes and Unger. I think it should be good. Llanes: That's the joke of the harbor—what are you guys trying to make, super fishermen? Greenwell: Thank you. Takaba: Are there any other questions? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 13 Lopez: Yes, I'm sorry, I'm a little confused. So, it's registered as a snack bar and you're going to convert it to a full on restaurant? Unger: We have. It went in Planning, that's what took so long, they couldn't find it. Our architect put it in as a restaurant because that's what the State and DLNR approved it as. So, when we did that it took two months in Planning. Planning is where they can tell you basically it can't be a restaurant, it has to stay a snack bar. So it came out of Planning and now it's at the permitting stages with the County. Lopez: So, it'll be run like Bite Me was, except for the menu? Unger: No. Lopez: Are you still going to have a fresh fish counter as well as a restaurant? Unger: Yes. Takaba: Any other questions? Taniguchi: Move to close the public hearing. Onizuka: Second. Mr. Taniguchi moved to close the public hearing on Application No. 17-03; seconded by Mr. Onizuka. Takaba: Moved and seconded to close the public hearing. Is there any discussion? There was no discussion from the Commissioners. Takaba: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Move to approve Application No. 17-03, pending final inspection and balance due for publication of $71.59. Onizuka: Second. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 14 Mr. Taniguchi moved to approve Application No. 17-03, Keoni's Point of View, LLC, dba Keoni's Point of View, for an original Dispenser Beer and Wine liquor license, Category B1, located at the Honokohau Harbor, 74-425 Kealakehe Parkway, Space No. 17, Kailua-Kona, Hawaii, TMK: 7-4-008:042, pending final inspection and balance due for publication of $71.59; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve Application No. 17-03. Any discussion? There was no discussion from the Commissioners. Takaba: If not, those in favor say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. Thank you. The motion was carried unanimously. Takaba: Application No. 17-06, Kanoa, Inc., dba Body Glove Cruises (Retail), for an original Retail General liquor license. 2. Application No. 17-06 (10:00 A.M.) Kanoa, Inc., dba Body Glove Cruises (Retail), for an original Retail General liquor license located at the 'Ilima Court, 75-5629 Kuakini Highway, Suite 120, Kailua-Kona, Hawaii, TMK: 7-4-010:039. Margaret Brown, President of Kanoa, Inc., dba Body Glove Cruises was present. Brown: Good morning, my name is Maggie Brown, I'm President of Kanoa, Inc., dba Body Glove Cruises. Takaba: Good morning. Can you describe your business? Brown: Kanoa, Inc. has been in business, coming up on thirty years. We offer doing business as Body Glove Cruises; three cruises a day for now carrying about 40,000 people annually, and ocean excursions. I have an on premise liquor license on board the boat, and what I'm now doing is my retail, in the shop. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 15 Gonzalez: Are there any changes to your report? Brown: No. Takaba: Thank you. Director? Takase: Mr. Chairman, the applicant mailed two out of two notices within 100 feet, 109 out of 112 within 500 feet, there were 119 properties entitled to protest. There were no protests to this application. Takaba: Thank you. Is there any public testimony? There was no reply from the public. Takaba: Do you have any general questions? There were no questions from the Commissioners. Takaba: If not, can we have a motion to close the public hearing? Onizuka: Move to close the public hearing. Greenwell: Second. Mr. Onizuka moved to close the public hearing on Application No. 17-06; seconded by Mr. Greenwell. Takaba: Moved and seconded to close public hearing. Is there any discussion? There was no discussion from the Commissioners. Takaba: If not, all those in favor of closing the public hearing say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Onizuka: Move to approve Application No. 17-06, pending final inspection. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 16 Greenwell: Second. Mr. Onizuka moved to approve Application No. 17-06, Kanoa, Inc., dba Body Glove Cruises (Retail), for an original Retail General liquor license located at the ilima Court, 75-5629 Kuakini Highway, Suite 120, Kailua-Kona, Hawaii, TMK: 7-4-010:039, pending final inspection; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve Application No. 17-06, pending final inspection. 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 carries. Thank you. The motion was carried unanimously. Brown: Thank you very much. Takaba: Application No. 17-07, Spanky's Bar & Grill, LLC, dba Spanky's Bar & Grill, for an original Dispenser General liquor license. 3. Application No. 17-07 Spanky's Bar & Grill, LLC, dba Spanky's Bar & Grill, for an original Dispenser General, liquor license, Category B1 and D, located at 750 Kinoble Street, Hilo, Hawaii, TMK: 2-4-025:086. Takase: Mr. Chairman, this applicant phoned us. He broke down on Saddle Road so he can't make it. We can proceed without him. Takaba: Is he still coming? Does he plan to be here? Takase: No, he's waiting for someone to rescue him, so he's not going to make it to this hearing. Takaba: So, we can move forward with what we have? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 17 Takase: Yes. We have no protests to it. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Do we need a motion? Takase: I told him if we can, we'll move forward. If there were questions for him, then we'll postpone it. Takaba: Yes, if there are no objections, I will need a motion. We can just move forward if there are no objections. Does anyone object? Masuda: Does any member want to question the representative from the report that you have? Taniguchi: Just the Bamboo Garden one. Takase: No, it's the old Main Street. Taniguchi: Oh, on the other side. Takase: Yes. Takaba: Is there any public testimony? There was no reply from the public. Takaba: Is there any questions that you wanted to ask the Director or staff? Onizuka: Question. Wasn't there another Spanky's Bar & Grill on the West Side? Wasn't there one in Waikoloa? Takase: It was called Banjy's. Onizuka: The old building that they have. Takase: Sharkey's. Onizuka: Was it Sharkey's? Just checking. Masuda: Gerald, just to be clear, for Spanky's, it's a BI with hostess, but the hostess cannot dance with the patrons, right? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 18 Takase: It depends on their category, right? With B1, there's no dancing allowed. From my understanding they're only keeping that hostess category because that's what their landlord is requesting. They themselves have no intentions (currently) of running a hostess bar. Masuda: Because the report says "dance." Takase: They shouldn't have dancing because they have no dance floor really. That's why they're a B1. Masuda: Okay. Takaba: Can we entertain a motion to close the public hearing? Taniguchi: I move to close the public hearing. Onizuka: Second. Mr. Taniguchi moved to close the public hearing; seconded by Mr. Onizuka. Takaba: It's been moved and seconded to close the public hearing. Is there any discussion? There was no discussion from the Commissioners. Takaba: If none, all those in favor of closing public hearing say, "Aye." The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Greenwell: Bill, does that mean they need to come back for a second public hearing? Takase: No. If the Commission approves them today, then they won't come back. If there were questions to them, then we said they might be required to come back. Taniguchi: This is the second public hearing. Takase: This is the public hearing, yes. Mr. Chairman, for the record the applicant sent out 16 out of 16 notices within 100 feet, 126 out of 126 of them within 500 feet. There DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 19 were 120 total properties entitled to protest, there were no protests to this application. But if you will remember when Crazy Grandma's came up, there was some questions by the Kukuau Plaza about parking. Even though Spanky's is removed from them, they also did appear with me at the meeting regarding the parking and they were willing to participate in any plan that was devised, but I'II report to the Commission that Wally Oki took that back to the Board and the Board turned down any proposal by Crazy Grandma's and Spanky's. Their proposal was to actually pay for parking and pay for some lighting—if you're familiar with Kukuau Plaza, they have two lots. With the upper lot, they wanted to fix the fence and provide a gate there, and they would pay rent to Kukuau Plaza, but Kukuau turned down the offer so that will remain as is. Takaba: Can we have a motion to approve or deny Application No. 17-07? Taniguchi: Move to approve Application No. 17-07, pending final inspection. Onizuka: Second. Mr. Taniguchi moved to approve Application No. 17-07, Spanky's Bar & Grill, LLC, dba Spanky's Bar & Grill, for an original Dispenser General, liquor license, Category B1 and D, located at 750 Kino`ole Street, Hilo, Hawaii, TMK: 2-4-025:086, pending final inspection. Takaba: Moved and seconded. I would advise if anybody has questions that are unanswered and you still want them to answer the questions, that you postpone this application until your questions can be answered. Greenwell: That's why I asked the question if the public hearing was closed. Takaba: The public hearing is closed, but we can deny the application. Takase: If you have some questions, I'll try to answer them. Lopez: I do. Again, pardon my confusion. If they're not licensed to dance, are we still going to grant them with a Category D? Takase: Yes. The category D just says all the things hostesses can do. They could dance if they were in a category that allowed it. But since they're not in a category that allows dancing, they wouldn't be allowed to dance. What Gail has in the report is just verbatim from the statute that hostesses are allowed to do these things. Lopez: Because they applied for Category D as well. Takase: Yes, but that's for hostesses. What she's talking about in there, is all the things they are allowed to do. So, if their facility doesn't allow for dancing, then they cannot dance. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 20 Lopez: Okay, thank you. I understand. Takaba: No further discussion? David? Greenwell: No. Takaba: We don't want unanswered questions. There were no questions from the Commissioners. Takaba: If not, all those in favor to approve Application No. 17-07 say, "Aye." The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Application No. 17-08, Morimoto Foods LLC, dba TJ's Pau Hana Hale, for an original Dispenser General liquor license. 4. Application No. 17-08 (10:00 A.M.) Morimoto Foods LLC, dba TJ's Pau Hana Hale, for an original Dispenser General liquor license, Category B1, located at the Kopiko Plaza, 75-5660 Kopiko Street, Unit 5B, Kailua-Kona, Hawaii, TMK: 7-5-004:011. Trevor Morimoto, Owner, was present. Takaba: Good morning. Morimoto: Good morning. Takaba: Can you identify yourself and your relation to the business? Morimoto: Trevor Morimoto, Owner of Morimoto Foods LLC. Takaba: Do you have any changes to the report that was submitted? Morimoto: No. Takaba: No change. Can you describe the business? DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 21 Morimoto: It's a little pau hana restaurant down in Kopiko Plaza. It's a place where somebody can just get something quick to eat and a quick cocktail, and off they go. Takaba: Thank you. Director, report of protest? Takase: Mr. Chairman, the applicant mailed 96 out of 98 notices within 100 feet, 190 out of 192 within 500 feet, two notices to common or cooperative property owners. There were 189 total properties entitled to protest. We do have one gentleman here this morning that does want to protest this application. Takaba: Are we done with the report? Takase: Yes. Takaba: Do you have testimony you want to present? Robert Gokan was present to protest. Gokan: I have some questions. Takaba: Can you come up to the mic? Masuda: Sir, can you identify yourself? State your name, have a seat. Gokan: My name is Robert Gokan. I live at Kailua Bay Resort. It has about 95 units. My question is, if you have live music, until what time? If there's live band, live music, because there's 95 units there. Second question is what kind of a buffer zone do you have there? Because we live so close and it's so quiet, if it's going to be open until 2:00 A.M. with the music going on and when the people start drinking they'll go to the parking lot. It's not going to be good for the residents there. There's a fence. That's all there is. Takaba: Mr. Morimoto, would you care to answer him? Morimoto: Yes. We're only going to 10:00 P.M. I close before then, I'm not going to stay open real late. Live music will probably, may be just for the happy hour, probably ending around 7:00 or 8:00. Gokan: And how loud you going to go? Morimoto: Not that loud. We're not going to be really, really loud. Gokan: Because you know Kailua Bay is right in the back. Morimoto: Yes. Absolutely. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 22 Gokan: And you know how quiet it is. Morimoto: Absolutely. Gokan: Okay. Until 10:00, I can see that. I was just concerned that it was going to be until 2:00. There's a lot of retirees there. I mean, we cannot handle that already. We did our dues already. Morimoto: Absolutely. I'm not staying open late. Gokan: Okay. Until 10:00. I'm good with that. I thought it was going to be until 2:00 A.M. and you know how people get when they start drinking until 2:00 A.M. and they end up in the parking lot, etc. Okay. That's about it. Takase: Mr. Morimoto, your place is enclosed? Morimoto: Yes. Takase: Air conditioned? Morimoto: Yes, air conditioned. Gokan: And where are you going to be? By Grindz Cafe [sic 808 Grindz Cafe]? Morimoto: I'm right in between Lava Bowls and Westside Wines. Gokan: Okay, right over there in that corner. Takase: Robert, let me ask you one question. Gokan: Yes. Takase: We have one licensee in there—Mask Bar. Have you had trouble with them? Gokan: Since I've been there one year, they used to play their music loud and there were a lot of complaints. They've toned it down so now it's okay. Takase: It's okay? Gokan: It's okay. They're good neighbors. So, that was my concern. It's very quiet there. Takase: I don't think they're going to have a "late night place." Gokan: 10:00 you said? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 23 Morimoto: 10:00. Gokan: I'm good with that. I can deal with that. Gonzalez: Mr. Morimoto, did you provide a copy of the lease to the Department? Morimoto: Yes, I did. Gonzalez: Thank you. Takaba: Does anyone else have any questions of the testifier or Mr. Morimoto? Taniguchi: Move to close the public hearing. Onizuka: Second. Mr. Taniguchi moved to close the public hearing on Application No. 17-08; seconded by Mr. Onizuka. Takaba: Moved and seconded to close the public hearing. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor of closing the public hearing say, "Aye." The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Taniguchi: Move to approve Application No. 17-08, pending final inspection. Onizuka: Second. Mr. Taniguchi moved to approve Application No. 17-08, Morimoto Foods LLC, dba TJ's Pau Hana Hale, for an original Dispenser General liquor license, Category B1, located at the Kopiko Plaza, 75-5660 Kopiko Street, Unit 5B, Kailua-Kona, Hawaii, TMK: 7-5-004:011, pending final inspection; seconded by Mr. Onizuka. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 24 Takaba: Moved and seconded to approve Application No. 17-08, pending final inspection. 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 carries. Thank you, thank you both. The motion was carried unanimously. Takaba: Application No. 17-09, Jennifer Salinas, dba Mi Tierra Mexicana, for an original Retail General liquor license. 5. Application No. 17-09 (10:00 A.M.) Jennifer Salinas, dba Mi Tierra Mexicana, for an original Retail General liquor license, located at 852 Kilauea Avenue, Hilo, Hawaii, TMK: 2-2-019:080. Andrea De La Cruz, Manager was present. Takaba: Good morning. Could you please identify yourselves and your relation to the business? De La Cruz: Good morning. My name is Andrea De La Cruz and I am the Manager. Masuda: Do we need interpreting? Ma'am? Will you be interpreting? Villaroell: Yes. My name is Karina Villaroell. My application is after hers. But I'll volunteer to translate because she speaks Spanish. Masuda: Thank you. Villaroell: She is the Manager, not the Owner. Takaba: Do you have any changes to the report? De La Cruz: No. Takaba: Can you describe your business? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 25 Villaroell: It's like a mini mart. They have groceries already and now she wants to incorporate selling liquor, in addition to the groceries. Masuda: Do you prepare foods, too? De La Cruz: No. It's just groceries, cans, candies, fresh produce, cheese, Mexican cheese. Some fresh produce is Mexican from Los Angeles and some fresh produce we get local. Tomatoes, tomatillos, my customers are Mexican, just Mexican. Takaba: Thank you. Director, do you have any report of protests? Takase: Yes, Mr. Chairman. Takase: The applicant mailed seven out of eight notices within 100 feet, 333 out of 339 within 500 feet, there were 333 total properties entitled to protest. We have one protest to this application. Taniguchi: There are two letters. Gonzalez: Two letters, they are husband and wife, from the same address. Takaba: Two letters of protest? Takase: Two letters but from one property. Greenwell: Director, can you explain about there being an elementary school near the premises? Takase: Yes. This location is across the old Green Onion on Kilauea Avenue, just down from our office. Across the street now is Just Cruisin' Coffee, but they're in an old building and there's a couple of businesses to the right of her and there's Waiakea Canal, and Kapiolani School is across the canal on the other side of her. So they're within the 500 feet, yes. The people who are protesting are in an apartment building or condominium now located next to Cafe 100. Greenwell: Does this hold any merit? Takase: That there is a school within the proximity? Yes, there is a school within proximity. Greenwell: Is there a problem with that? Takase: We haven't had any problems. We have other licensees in the area. We haven't had any problems and the school hasn't protested. She's opening a Mexican grocery store, and there are other bigger convenience stores. There's Shell service DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 26 station right up the street, which has a full time convenience store. We haven't had any problems to date. She has been in business for three years now. Greenwell: So, it's not like a high school is next door. Elementary kids are not going to come in and buy a bottle of liquor. Takase: What the law requires of us is that when there is a school located within 500 feet of a licensee then that changes the protest dynamics. Where it says 50 percent for most businesses when they're within 500 feet, that percentage drops to 40 percent. That's the difference in the law regarding schools. I think there is a common misconception that a lot of people think if you're within 500 feet there should be no liquor license. But that's not the law that was passed by the Legislature. Takaba: Does that answer your question? Greenwell: I'm good. Takaba: David's good, so we can move on. Do we have any public testimony on this application? There was no reply from the public. Takase: I have a question. How many employees do you have? De La Cruz: Just me and one more girl. She'll come for the next test. It's a small business, very small. Takase: The owner is Jennifer Salinas. De La Cruz: Yes. Jennifer Salinas is my cousin, she's now in Mexico. This business is for her, too. She is a nurse. Takase: She's a nurse? I noticed she didn't list any employment history. Is she planning to come here? De La Cruz: Yes. She plans to come here in April. She came two months ago to start the application, the IRS and everything. Takase: She doesn't plan on moving here, though? De La Cruz: Maybe. The plan is when she finishes school put the business under my name, transfer the business to me. Takase: Thank you. Takaba: Any other questions? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 27 Taniguchi: Move to close the public hearing. Onizuka: Second. Mr. Taniguchi moved to close the public hearing on Application No. 17-09; seconded by Mr. Onizuka. Takaba: Moved and seconded to close the public hearing. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor to close the public hearing say, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Taniguchi: Move to approve Application No. 17-09, pending final inspection. Onizuka: Second. Mr. Taniguchi moved to approve Application No. 17-09, Jennifer Salinas, dba Mi Tierra Mexicana, for an original Retail General liquor license, located at 852 Kilauea Avenue, Hilo, Hawaii, TMK: 2-2-019:080, pending final inspection; 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: All those opposed, "Nay." There was no opposition by the Commissioners. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 28 Takaba: Motion carries. Thank you. The motion was carried unanimously. Takaba: You have another item. You submitted a request for delivery service. De La Cruz: Yes. I submitted a request for delivery service because many Mexican customers don't live in Hilo. They live outside, Papa'ikou, Hawaiian Paradise Park, and those people tell me to make delivery to them some produce and ask if I can deliver beer. I tell them I'm not sure. Takaba: Any questions? Greenwell: If we consider delivery service, the person delivering it cannot be a minor. De La Cruz: It will be the other girl that works with me. Villaroell: It's the same person she mentioned who is signed up to attend the class and she is over 21. She will be the one delivering. Takase: I have to ask, can she speak English? De La Cruz: Yes. She does English and Spanish. She was supposed to come today to translate but she had a test. Villaroell: She was supposed to come today but she goes to college and she had an exam today. She was going to translate in case she needed it. Takase: Gail tells me she speaks English. I just thought that if she's out in the field and there are translation problems, it might be difficult. We will work with the licensee in terms of the procedures that they need to adopt. We do have other licensees that do delivery service, so it's not a problem. Greenwell: Gerald, is there a category that they must apply for this delivery service, when they're handling alcohol off the premises? Takase: No. It's still the same category, Retail Store. They'll come in and ask the Commission for approval to do delivery service. Usually what we require for the delivery service is that they pre-screen who they're delivering to so that they know who they're going to deliver to. It's not just someone who calls and orders and says they want it delivered to them. They will try to set up a time so that the customer can be registered so that they know who they're delivering to. The customer's ID will be one file, they'll know the name. I say that, and I'm digressing, but we recently worked with a delivery service who's going to try to do a registration at the point of sale. This is Express Waiters and we're waiting to see how they will register people. Right now I say everyone should pre-screen and register with the licensee before they deliver, but that may change in the near future. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 29 Lopez: Gerald, following that logic, must they validate that they are actually handing it to that individual? I mean, registering at the store is one thing. They won't be leaving it with somebody else? Takase: Yes. So, if you, Stephen Lopez come in and register with them, then they will deliver it to you. You could say you won't be there but your wife will be, then as long as she's 21, and they receive approval from you to deliver to that person, then they can. Villaroell: She wanted to let everybody know that the head of the company is making rules as to what the procedure is, like you were saying. She also has a form from the person with their id, when she brings it, the registered person has to be there to accept it. This is something the girl, the employee, has to follow these rules and be sure that the person she is delivering to is the actual person that has their id on file. If the person happens to run to the store or something, the alcohol will not be left with somebody else, even if they are over 21, if it is not the person that is registered, it will not be left there. De La Cruz: Yes. If too many seniors in the house, the delivery will not be made. Lopez: Very good. Takaba: Can we have a motion to approve or deny the request for delivery service to the pending original Retail General liquor license for this company? Taniguchi: Move to approve. Onizuka: Second. Mr. Taniguchi moved to approve Item No. 1, Jennifer Salinas, dba Mi Tierra Mexicana, request for delivery service to its pending original Retail General liquor license, located at 852 Kilauea Avenue, Hilo, Hawaii; seconded by Mr. Onizuka. Takaba: It's been moved and seconded. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. Thank you. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 30 The motion was carried unanimously. Takaba: Application No. 17-10. Villaroell: Yes. That's me. Takaba: Rapa Nui Cucina LLC, dba Rapa Nui Cucina, for an original Dispenser General liquor license. 6. Application No. 17-10 (10:00 A.M.) Rapa Nui Cucina LLC, dba Rapa Nui Cucina, for an original Dispenser General liquor license, Category B1, located at the Keopuka Square, 81-6372 Mamalahoa Highway, Suite 3, Kealakekua, Hawaii, TMK: 8-1-016:020. Takaba: Can you identify yourself again, and your relation to this business? Villaroell: Yes. Karina Villaroell. The business is owned by my husband and myself. Takaba: Do you have any changes to the report? Villaroell: No, no changes. Takaba: Can you describe your business? Villaroell: We are now open for lunch and dinner. My husband was born in Chile so he has some Chilean items on the menu that are not found in many places on the island so we thought that would be good options, especially in South Kona there's not too many places to eat and those that are here have the same variety. So he does an empanada and a ceviche, I guess you can compare it with poke, but it's a Chilean style ceviche. He also make fresh pasta, so half of the menu is Italian. Lunch is a little more casual, more for families because he also makes sandwiches and it's a little Tess expensive. For dinners, I don't want to say "fine dining" because that makes it sound expensive. But the food is very good, everything is handmade from the desserts to the pasta. Compared to other restaurants in South Kona, maybe a little more pricey. But again, that's the idea— have a nice restaurant in the area which I know is lacking. There was a restaurant there before which was very good, my husband was actually friends with them, so I think the neighbors are very happy that we came in and we're kind of doing the same style with the pasta, aside from the Chilean items. Takaba: Director, do you have a report of protest? Takase: Mr. Chairman, the applicant mailed 9 out of 9 notices within 100 feet, 64 out of 64 within 500 feet, there were 63 properties entitle to protest. We do have one DECEMBER 7, 2017 — LIQUOR COMMISSION MINUTES 31 incomplete protest to this application from a resident that lives mauka of Keopuka Square. I say it's incomplete because he signed, but his wife didn't sign. Taniguchi: We don't have that. Takase: I'II read it to you. This letter is signed by Earl Miyabara. He writes: "I am writing to protest the granting of license to Applicant No. 17-10, Rapa Nui Cucina LLC at Keopuka Square. I'm an owner of a home within 500 feet and I wish to protest this license because of noise generated from such an establishment and also the likelihood of fights and rowdy patrons. I am particularly concerned because the parking lot for this facility is within clear view of my home, and there are already altercations happening due to the convenience store that sells liquor. I therefore ask that you deny granting of the liquor license." But like I said we are not treating this as an official protest because the majority of the owners did not sign this protest. As far as fights and altercations in that location, we have no reports of those. Villaroell: I actually went to the Police Station to ask about that, because to read that, I'm concerned myself. Sometimes I'm the last one there, and I have to walk through the parking lot at 10:00 at night and so I did go to the Police Station to see how many reports there were. They didn't have any, except for one but it was a domestic between a man and his wife. The driver was driving on the highway and pulled into the parking lot and a neighbor called the police because it was a very angry man with his wife. That was the only incident they had and it happened about a year and a half ago. And there is also a mini mart in the same shopping center. We spoke with the owner who has been there for a while and he doesn't recall any type of incidents. Takase: This location is where Mi's Bistro was, previously. They've moved on to bigger and better things. Takaba: Are there any questions of the Director about the protest? Taniguchi: I have a question. Mi's had a liquor license? Takase: Yes. I think in the exact same location. And they moved out here and now they're at Waterfront. Taniguchi: But they had a liquor license when they were operating? Takase: Yes. Takaba: Were there any problems then? Taniguchi: Any problems? Takase: No. Takaba: Is there any public testimony? DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 32 There was no reply from the public. Takaba: None. Any other questions? Anyone? There were no questions from the Commissioners. Taniguchi: Move to close the public hearing. Onizuka: Second. Mr. Taniguchi moved to close the public hearing on Application No. 17-10; seconded by Mr. Onizuka. Takaba: Moved and seconded to close the public hearing. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor of the motion to close the public hearing, signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Taniguchi: Move to approve Application No. 17-10, if approved, permanent license effective upon receipt of license fee and insurance. Final inspection was completed on November 1, 2017. Greenwell: Second. Mr. Taniguchi moved to approve Application No. 17-10, Rapa Nui Cucina LLC, dba Rapa Nui Cucina, for an original Dispenser General liquor license, Category B1, located at the Keopuka Square, 81-6372 Mamalahoa Highway, Suite 3, Kealakekua, Hawaii, TMK: 8-1-016:020, permanent license effective upon receipt of license fee and insurance, final inspection was completed on November 1, 2017; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve Application No. 17-10. Is there any discussion? There was no discussion from the Commissioners. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 33 Takaba: Hearing none. All those in favor to approve Application No. 17-10 signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. Thank you. The motion was carried unanimously. Nahale-a: Thank you. Villaroell: Thank you. VI. Preliminary Hearings Takaba: Item 2. Preliminary Hearings. Application No. 17-17, Poke N Crab Inc., dba Poke N Crab, for an original Dispenser General liquor license. 2. Application No. 17-17 Poke N Crab Inc., dba Poke N Crab, for an original Dispenser General liquor license, Category B1, located at the Ali`i Sunset Plaza, 75-5799 Alii Drive, Unit C-5, Kailua-Kona, Hawaii, TMK: 7-5-009:030 and 031. Armando Allen Cabudol, Owner of Poke N Crab was present. Takaba: Good morning. Cabudol: Morning. Takaba: Can you identify youself and your relation to this business? Cabudol: My name is Armando Allen Cabudol. I am Owner of Poke N Crab. Takaba: Thank you. Have you read the application report. Cabudol: Yes. Takaba: Do you have any changes to the report? Cabudol: No. Takaba: There is an amendment to the report. You submitted a Personal History and Affidavit for Adelma Cabudol? DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 34 Cabudol: Yes. Takaba: I just want to make note of that. Can you describe the business? Cabudol: It's going to be a restaurant serving poke and crab and serving wine and beer. Takaba: Thank you. Do we have any public testimony? There was no reply from the public. Takaba: Do we have any questions, Commissioners? There were no questions from the Commissioners. Takaba: Can we have a motion? Taniguchi: Move to approve Application 17-17. If approved, public hearing to be held Feburary 1, 2018, in Kailua-Kona. Onizuka: Second. Mr. Taniguchi moved to approve Application 17-17, Poke N Crab Inc., dba Poke N Crab, for an original Dispenser General liquor license, Category B1, located at the Ali`i Sunset Plaza, 75-5799 AIi`i Drive, Unit C-5, Kailua-Kona, Hawai`i, TMK: 7-5-009:030 and 031; seconded by Mr. Onizuka. Takaba: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Takaba: If not, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. Thank you. Good luck. The motion was carried unanimously. Cabudol: Thank you. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 35 VII. Unfinished Business VIII. New Business Takaba: No Unfinished Business, so we'll move onto New Business. Item 2, Foodland Super Market, Limited, dba Foodland (Keaau), and as noted in the agenda, submits Minutes and Personal History and Affidavit of Stacy Marie Kuipo Waiau-Omori as Vice President and Officer, effective September 8, 2017, received on October 9th and November 2, 2017, respectively. 2. Foodland Super Market, Limited, dba Foodland (Keaau), located at the Kea'au Town Center, 16-586 Old Volcano Road, Suite 102, Kea'au, Hawai'i; dba Foodland Farms, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 200, Kohala Coast, Hawaii; dba Foodland Super Market — Waimea, located at the Parker Ranch Center, 67-1185 Mamalahoa Highway, Space 109A, Kamuela, Hawaii; dba Sack 'N Save (Kinoole), located at 250 Kino'ole Street, Hilo, Hawai'i; dba Sack 'N Save (Kona), located at the Lanihau Center, 75-5595 Palani Road, Kailua-Kona, Hawaii and dba Sack 'N Save (Puainako), located at the Puainako Town Center, 2100 Kanoelehua Avenue, Hilo, Hawaii; submits Minutes and Personal History and Affidavit for the election of Stacy Marie Ku'uipo Waiau-Omori as Vice President and Officer, effective September 8, 2017, received on October 9, 2017, and November 2, 2017, respectively. Taniguchi: Move to approve. Onizuka: Second. Mr. Taniguchi moved to accept the Minutes and Personal History and Affidavit for the election of Stacy Marie Kuipo Waiau-Omori as Vice President and Officer, effective September 8, 2017, received on October 9, 2017, and November 2, 2017, respectively; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. 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 carries. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 36 The motion was carried unanimously. Takaba: Item 3, Poi Dog Deli, LLC, dba Poi Dog Deli, pursuant to Rule 4-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawai'i, requests permission to extend the time issuance of its original Retail Beer & Wine liquor license for an additional six months. 3. Poi Dog Deli, LLC, dba Poi Dog Deli, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests permission to extend the time issuance of its original Retail Beer & Wine liquor license, Category B1, for an additional six months from January 5, 2018, to and including July 5, 2018, by letter dated November 8, 2017. Takaba: There is a note that the motion must state that the Commission, if we move to approve, then we have to find good cause to extend and approve their request. Let's hear a motion. Taniguchi: Move to approve --limited question. Masuda: And finding good cause. Nahale-a: Second. Mr. Taniguchi moved to approve Poi Dog Deli, LLC, dba Poi Dog Deli, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests permission to extend the time issuance of its original Retail Beer & Wine liquor license, Category B1, for an additional six months from January 5, 2018, to and including July 5, 2018, by letter dated November 8, 2017; seconded by Ms. Nahale-a. Takaba: Is there any discussion? Takase: Mr. Chairman, they came in early on, located on Henry Street in the same building as Starbucks. They weren't doing anything for a long time, but Gail's been out there and has reported that they have started construction, so hopefully, they will be finished soon. Takaba: Did they sight building permit problems? Takase: I think they were having some problems. If you remember, the facility has separate men's and women's bathrooms and they were trying to get a urinal in there, but weren't able to. So, they're going forward with just a retail store. It's unknown if there are other problems, but it's kind of a common situation. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 37 Greenwell: Bill? Gerald, educate me. Just as a housekeeping matter, I noticed on the agenda and this hand out, that you people did not have the address. Was that intentional or was that housekeeping? Normally, you always have the address on all. Takase: Gail says it's because we've just been dealing with them by email. Fujimoto: Yes. There wasn't an official letter except through email. Lopez: Did you say in your letter the building permit's taking longer than expected, to be issued? I drive by there at least six times a week waiting for them to open. It looks like there's some activity going on. Takase: Yes. They have started doing some work. It was just kind of black for a long time, but it's kind of a common thing to have happen because they will come in early on to get a liquor license. If they can't (get a liquor license) then they're not going to proceed at all. So, they'll come in and get their license not realizing how long it can sometimes take for the permitting process to go forward. As a Department, we've been a little lenient with these people because I'm sure it's not proceeding on their time frame anymore. Even though it's not our Department, I feel like it's the County that's "hanging them up," so I don't want to put them in a Catch 22 and say to them that they've exceeded all their deadlines so they have to start the process all over again. I'm recognizing the problem and treating us as a County as a whole. I don't want to create this Catch 22 for them and that we're working against the other departments or that the other departments are working against us in terms of getting their things through. We will usually try to monitor them, but if any of you have gone through the permitting process, it never goes through as quickly or easily as everybody promised it would. Greenwell: Gerald, as long as you're handing out licenses and not taking them away, you're progressing. Takaba: What happened to Miyo's and Hawaiian Style Cafe? Takase: Hawaiian Style actually did activate their license. They're selling. Miyo's is keeping their license inactive. They're paying for the license but they're keeping it inactive. My understanding was they weren't going to open the bar until they actually got a sushi guy in there. But they're so busy in there, I'm not sure if they even have enough room to accommodate. They have a sushi bar built in the backside. They pay us to keep their license active, but not selling liquor at this point in time. Takaba: Going back to the motion, if there are no objections, can you change the motion to include that there is good cause to extend? Taniguchi: Move that we approve the extension because there is good cause stated for this extension. Takaba: Is that okay? Anybody have any objections? If there are no objections, we'll insert that clause in the motion. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 38 There were no objections by the Commissioners. Takaba: There's a motion on the floor to approve based on finding cause to extend. Mr. Taniguchi moved to approve the request submitted by Poi Dog Deli, LLC, dba Poi Dog Deli, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for permission to extend the time issuance of its original Retail Beer & Wine liquor license, Category B1, for an additional six months from January 5, 2018, to and including July 5, 2018, by letter dated November 8, 2017, based on finding good cause for the extension; seconded by David Greenwell. Takaba: 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 carries. The motion was carried unanimously. Takaba: Item 4, Kona, Hawaii, Lodge No. 2616, Kona Elks Club, ratification of Application for Game Permit held on November 13 and 27, 2017. 4. 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 November 13 and 27, 2017, approved by the Director, Gerald Takase on November 13, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Taniguchi: Move to ratify. Greenwell: Second. Mr. Taniguchi moved to ratify the Application for Game Permit for Texas Hold'em held on November 13 and 27, 2017, approved by the Director, Gerald Takase on November 13, 2017, to its Club liquor DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 39 license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded to ratify. 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 carries. The motion was carried unanimously. Takaba: Item 5, Kona, Hawaii, Lodge No. 2616, dba Kona Elks Club, ratify Application for a Game Permit for Bingo held on November 20, 2017. 5. 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 Bingo held on November 20, 2017, approved by the Administrative Officer, Brandon Gonzalez on November 14, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved to ratify the Application for Game Permit for Bingo held on November 20, 2017, approved by the Administrative Officer, Brandon Gonzalez on November 14, 2017, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, 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." The Commissioners voted "Aye." Takaba: Those opposed "Nay." DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 40 There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Daylight Mind Coffee Company, LLC, submits Bylaws, Articles of Conversion and Articles of Incorporation for conversion from a Hawaii LLC to a Hawaii corporation under the name Daylight Mind, Inc 6. Daylight Mind Coffee Company, LLC, submits Bylaws, Articles of Conversion and Articles of Incorporation (on file at the Department) for conversion from a Hawaii limited liability company to a Hawaii corporation under the name Daylight Mind, Inc., located at 75-5770 Alii Drive, with effective date of conversion June 8, 2017. Taniguchi: Move to approve. Onizuka: Second. Mr. Taniguchi moved to accept the Bylaws, Articles of Conversion and Articles of Incorporation (on file at the Department) for conversion from a Hawaii limited liability company to a Hawaii corporation under the name Daylight Mind, Inc., located at 75-5770 Drive, with effective date of conversion June 8, 2017; seconded by Mr. Onizuka. Takaba: Moved and seconded. Greenwell: Question, Bill. Takaba: Yes? Any discussion? Greenwell: What do we have to do with changing from a limited liability Hawaii corporation? Takase: Anytime they change entities, they need to notify us of the change because it's like a change in ownership. For this one, it's a change in name only. Same people involved, they're just changing entities. It's a little peculiar because you hardly see people going from LLCs back to corporations nowdays. We didn't ask the reason why. This is actually the second one I've seen in so many months. Takaba: Even the officers would be different? Takase: The parties are the same, they're just changing entities. Takaba: If no further discussion, all those in favor say, "Aye." DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 41 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Item 7, Sky Garden Restaurant, ratification of Application for Game Permit for Craps, Wheel of Fortune, Roulette, Black Jack and Poker to be held on December 23, 2017. It's a ratification. 7. Sky Garden Restaurant, ratification of Application for Game Permit for Craps, Wheel of Fortune, Roulette, Black Jack and Poker (games provided by Casino Hawai'i), to be held on December 23, 2017, approved by the Administrative Officer, Brandon Gonzalez on November 14, 2017, to its Restaurant General liquor license, Category B2, located at 600 `Imiloa Place, Hilo, Hawai'i. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved to ratify the Application for Game Permit for Craps, Wheel of Fortune, Roulette, Black Jack and Poker (games provided by Casino Hawai`i), to be held on December 23, 2017, approved by the Administrative Officer, Brandon Gonzalez on November 14, 2017, to its Restaurant General liquor license, Category B2, located at 600 'Imiloa Place, Hilo, Hawaii. Takaba: Moved and seconded. Discussion? I couldn't understand something—at the end of the night, what do they do with their tokens or credits? Takase: I believe they're going to give prizes. Gonzalez: It's a wedding. Takase: Yes. They're going to auction prizes purchased with markers they gain from playing. You amass your winnings and you can bid on prizes that they'll have there. Takaba: Any further discussion? All those in favor of the motion signify by saying, "Aye." DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 42 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Item 8, Hidekazu Ito, ratification of Application for Solicitor's Permit for possession of liquor for sampling to buyers by The Cherry Company, Ltd. 8. Hidekazu Ito, ratification of Application for Solicitor's Permit for possession of liquor for sampling to buyers by The Cherry Company, Ltd., pursuant to Rule 3-2-D-4 of the Liquor Commission's Rules and Regulations, submitted on October 26, 2017, approved by Director Gerald Takase on November 17, 2017. Taniguchi: Move to ratify. Nahale-a: Seconded. Mr. Taniguchi moved to ratify the Application for Solicitor's Permit for possession of liquor for sampling to buyers by The Cherry Company, Ltd., pursuant to Rule 3-2-D-4 of the Liquor Commission's Rules and Regulations, submitted on October 26, 2017, approved by Director Gerald Takase on November 17, 2017. Takaba: Moved and seconded to ratify. Any discussion? Taniguchi: Yes. What is this about? Takase: We allow for solicitors permits which are basically like a salesman for a wholesaler, but they don't have a wholesaling license on this island. The Cherry Company is based in Honolulu, so they can come to this island and solicit from all the businesses and they would make the arrangements to ship it out of Honolulu. They can possess some liquor for samplings, but cannot run a warehouse out of their business from here unless they have a wholesaling business. Most of the smaller businesses are in Honolulu and they send salesmen to this island. Taniguchi: So, this is just for sampling? Say KTA buys from Cherry, they can just buy directly? Takase: Yes. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 43 Taniguchi: So, they're bringing product here. That's why they have to come to us? Takase: And they have to license their sales to come over to sell to us. Lopez: Irrespective of the sampling. Takase: He may come with liquor. In the past, we've had local solicitors or sales people that live on island that service the accounts here. That's why I say it's the smaller wholesalers that aren't big enough to have a business here. The Cherry Company focuses on the Asian types of product like sake and soju. They're not big enough to have a full time operation here. Not even big enough to have a full time person here, so they have probably a half dozen solicitors for the State. Takaba: Is there any further discussion? There was no discussion from the Commissioners. Takaba: All those in favor of the motion signify by saying, "Aye." The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Item No. 9, HIE Retail, LLC, dba NOMNOM (Kaloko), located at 73-4796 Kanalani Street in Kailua, and Kamehameha and Kealakekua, same company, requests approval to a proposed merger of HIE Retail into Par Hawaii, Inc. 9. HIE Retail, LLC, dba NOMNOM (Kaloko), located at 73-4796 Kanalani Street, Kailua-Kona, Hawaii; dba NOMNOM (Kamehameha), located at 434 Kamehameha Avenue, Hilo, Hawaii; dba NOMNOM (Kealakekua), located at 81-6673 Mamalahoa Highway, Kealakekua, Hawai'i, pursuant to §281-41-(k), HRS, as amended, requests approval to the proposed merger of HIE Retail, LLC, into Par Hawaii, Inc., proposed effective date is January 1, 2018. Taniguchi: Move to approve. Nahale-a: Second. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 44 Mr. Taniguchi moved to approve the request by HIE Retail, LLC, dba NOMNOM (Kaloko), located at 73-4796 Kanalani Street, Kailua-Kona, Hawaii; dba NOMNOM (Kamehameha), located at 434 Kamehameha Avenue, Hilo, Hawaii; dba NOMNOM (Kealakekua), located at 81-6673 Mamalahoa Highway, Kealakekua, Hawaii, pursuant to §281-41-(k), HRS, as amended, to the proposed merger of HIE Retail, LLC, into Par Hawaii, Inc., proposed effective date is January 1, 2018; seconded by Ms. Nahale-a. Takaba: Moved and seconded. 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 carries. The motion was carried unanimously. Takaba: Item 10, Mid Pac Petroleum LLC, dba NOMNOM (Kilauea), requests approval to its proposed merger of Mid Pac Petroleum, LLC, into Par Hawaii, Inc., proposed effective date is January 1, 2018. 10. Mid Pac Petroleum, LLC, dba NOMNOM (Kilauea), located at 1698 Kilauea Avenue, Hilo, Hawaii, pursuant to §281-41-(k), HRS, as amended, requests approval to the proposed merger of Mid Pac Petroleum, LLC, into Par Hawaii, Inc., proposed effective date is January 1, 2018. Taniguchi: Move to approve. Greenwell: Second. Mr. Taniguchi moved to approve the request by Mid Pac Petroleum, LLC, dba NOMNOM (Kilauea), located at 1698 Kilauea Avenue, Hilo, Hawaii, pursuant to §281-41-(k), HRS, as amended, to the proposed merger of Mid Pac Petroleum, LLC, into Par Hawaii, Inc., proposed effective date is January 1, 2018; seconded by Mr. Greenwell. Takaba: Moved and seconded. Any discussion? DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 45 There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Item 11, Waikoloa Lessee LLC, dba Hilton Waikoloa Village, ratification of Application for Alteration Permit. 11. Waikoloa Village Lessee LLC, dba Hilton Waikoloa Village, ratification of Application for Alteration Permit for demolition and interior renovations to the former Imari Sushi & Steak Restaurant and construction of Hawaiian Pizza Kitchen, pursuant to Rule 3-2-D-1 of the Liquor Commission's Rules and Regulations, submitted on November 14, 2017, approved by Director Gerald Takase on November 20, 2017. Taniguchi: So moved. Nahale-a: Second. Mr. Taniguchi moved to ratify the Application for Alteration Permit for demolition and interior renovations to the former Imari Sushi & Steak Restaurant and construction of Hawaiian Pizza Kitchen, pursuant to Rule 3-2-D-1 of the Liquor Commission's Rules and Regulations, submitted on November 14, 2017, approved by Director Gerald Takase on November 20, 2017; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? Taniguchi: Yes. Gerald, if someone comes in and they put in a (looks like) pizza place into that Imari, do they have to get approval to tear down a wall or something? Takase: It's for the alteration of it, so they need to get our approval of it. A lot of times, we'll sign it, but because this is a big one and before the fact, we thought to bring it before the Commission. Usually, you'll see it as a ratification of the permit. There's big changes with the Hilton --they're going to close the Ocean Tower and convert it to a timeshare, close Imari and make it into a pizza place. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 46 Takaba: Any other questions? There were no further questions from the Commissioners. Takaba: Hearing none, all those in favor of the motion to ratify signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Item 12, Hawaiian Food Services Group L.L.C., dba Kaimu Korner Store, ratification of request to extend hours. 12. Hawaiian Food Services Group L.L.C., dba Kaimu Korner Store, ratification of request to extend hours of business on December 31, 2017, submitted on November 20, 2017, approved by Director Gerald Takase on November 20, 2017. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved to ratify the request to extend hours of business on December 31, 2017, submitted on November 20, 2017, approved by Director Gerald Takase on November 20, 2017; seconded by Ms. Nahale-a. Takaba: Moved and seconded to ratify. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 47 Takaba: Motion carries. The motion was carried unanimously. Takaba: Item 13, Manny's Kitchen LLC, dba Manny's Kitchen, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission, requests permission to extend the issuance of its original Dispenser General liquor license for an additional six months. Again, we need to find cause to extend. 13. Manny's Kitchen LLC, dba Manny's Kitchen, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests permission to extend the time issuance of its original Dispenser General liquor license, Category B1, for an additional six months from October 6, 2017, to and including April 5, 2018, by letter dated November 29, 2017. Takase: Yes, let's do that. Takaba: Shall we do that first instead of making a motion—find cause first? Takase: Yes. They've reported to us that the Fire Department is requiring "some minor repairs" to their place before they can get approval so they are working with Fire and hopefully they can be done shortly. Takaba: Do we have a motion? Taniguchi: Move to extend their request for an additional six months based on finding good cause. Greenwell: Second. Mr. Taniguchi moved to approve the request by Manny's Kitchen LLC, dba Manny's Kitchen, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, to extend the time issuance of its original Dispenser General liquor license, Category B1, for an additional six months from October 6, 2017, to and including April 5, 2018, by letter dated November 29, 2017; seconded by Mr. Greenwell. Takaba: Moved and seconded. Any discussion? Greenwell: Bill, this letter is vague. They don't say exactly what their problems are. Should we request more information when they ask for extensions? DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 48 Takaba: Do you mean on this particular application? Greenwell: On this letter, it states there are "some minor repairs." By minor repairs, it could be doorjambs and window sills. What are we doing to justify this? Takase: I'II have the person in touch with them speak to you. Fujimoto: The Fire Department just requested that they do some minor adjustments to their premises, but in the future we'll get more detailed information. Takaba: Is that something that's on record? Was it written or something verbal? Takase: I believe it was just a phone call. Their license was going to lapse, so we started calling them to find out what was going on. That's when we were told what they were going through. No, we didn't request a list of what improvements they had to make. Greenwell: Gerald, am 1 out of order asking for it? Takase: No, you can ask for it. It's a matter of how much detail the Commission wants to have. We can ask Fire to submit a letter to us. Greenwell: We're asking for a special motion, we need to justify. Takaba: Yes, you're absolutely right. You want to be satisfied that there is good cause. Takase: Yes. If you want us to provide details, we can. Fujimoto: I think they're close to final inspection. It's just some minor adjustments, like the door. Taniguchi: Otherwise, they have to start all over again if it lapses? Takase: Yes. If they lapse, they have to start the process all over again. Taniguchi: When did it lapse? Takase: I believe October 30. Onizuka: I think the request was made, but we have to go on the recommendation of the Director regarding the request for extension. If the Department has been in communication with the Licensee and they feel it warrants an extension, then we should go on that recommendation. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 49 Takase: Mr. Greenwell, what we try to do is to work with these licensees to get them to the point that they can open. So, as long as they're showing some progress, we will come forward to you to recommend approval of it. If they were showing no progress and we could find no progress on it, we wouldn't recommend extension. But if you want to know exactly what they're doing, then we will provide that to you. Greenwell: I can change my statement to "we will go on the Director's recommendation." Takaba: Is that the Director's recommendation? Takase: It is my recommendation. Takaba: All those in favor of the motion signify by saying, "Aye." The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition. Takaba: Motion carries. The motion was carried unanimously. Takaba: Hilton Grand Vacations LLC, dba Hilton Grand Vacations at Waikoloa Beach Resort, ratification of Application for Game Permit for Craps, Blackjack, Poker and Roulette and Wheel of Fortune, to be held on December 12, 2017. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved to ratify the Application for Game Permit for Craps, Blackjack, Poker and Roulette and Wheel of Fortune (games to be provided by Tihati Productions, Ltd.), to be held on December 12, 2017, approved by Director Gerald Takase on November 29, 2017, to its Dispenser General, Category B2 liquor license, located at 69-550 Waikoloa Beach Drive, Waikoloa, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor signify by saying, "Aye." DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 50 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: O& J LLC, dba Waikoloa Restaurant and Bar, ratification of Application for Temporary Increase in Licensed Premises. 15. O&J LLC, dba Waikoloa Restaurant and Bar, ratification of Application for Temporary Increase in Licensed Premises, to its banquet room for a special event to include live and recorded music held on December 12, 2017, approved by Director Gerald Takase on November 29, 2017, to its Restaurant General liquor license, Category B2, located at the Waikoloa Village Clubhouse, 68-1790 Melia Street, Waikoloa, Hawaii. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved to ratify the Application for Temporary Increase in Licensed Premises, to its banquet room for a special event to include live and recorded music held on December 12, 2017, approved by Director Gerald Takase on November 29, 2017, to its Restaurant General liquor license, Category B2, located at the Waikoloa Village Clubhouse, 68-1790 Melia Street, Waikoloa, Hawaii; 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 carries. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 51 The motion was carried unanimously. Takaba: Item 16, Kim Mukai LLC, dba Kim's at the Hilo Muni, ratification of Application for Temporary Increase in Licensed Premises. 16. Kim Mukai LLC, dba Kim's at the Hilo Muni, ratification of Application for Temporary Increase in Licensed Premises, to its covered patio fronting the restaurant for event to be held on December 2, 2017, approved by Director Gerald Takase on November 29, 2017, to its Restaurant General, Category B1 liquor license, located at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawaii. Taniguchi: Move to ratify. Greenwell: Second. Mr. Taniguchi moved to ratify the Application for Temporary Increase in Licensed Premises, to its covered patio fronting the restaurant for event to be held on December 2, 2017, approved by Director Gerald Takase on November 29, 2017, to its Restaurant General, Category B1 liquor license, located at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawai`i; seconded by Mr. Greenwell. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none, all those in favor say, "Aye." The Commissioners votes "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Mauna Kea Resort LLC, dba Hapuna Beach Prince Hotel, ratification of Application for Alteration Permit to its lobby. 17. Mauna Kea Resort LLC, dba Hapuna Beach Prince Hotel, ratification of Application for Alteration Permit (on file at the Department), to its lobby, ballroom/meeting room, Reef lounge, new business center, Ocean DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 52 Terrace, Coast Grill, Beach bar, and new pool/spa, approved by Director Gerald Takase on November 30, 2017, to its Hotel liquor license, located at 62-100 Kaunaoa Drive, Kamuela, Hawai'i. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved to ratify the Application for Alteration Permit (on file at the Department), to its lobby, ballroom/meeting room, Reef lounge, new business center, Ocean Terrace, Coast Grill, Beach bar, and new pool/spa, approved by Director Gerald Takase on November 30, 2017, to its Hotel liquor license, located at 62-100 Kaunaoa Drive, Kamuela, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. 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 carries. The motion was carried unanimously. 18. Special Licenses issued for ratification Takaba: Special Licenses issued for ratification. The Chair requests a motion for ratification of Special Licenses, Application Nos. SP -17-42 to SP -17-55, items a. to I. Takase: Excuse me, there's no Item No. 44 and 49. Takaba: If there's no objection, can we change the motion to say Items 18. a. through n? Taniguchi: Moved. Nahale-a: Second. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 53 Mr. Taniguchi moved to ratify Special Licenses Items 18 a. through n.; seconded by Ms. Nahale-a. Takaba: Any discussion? There was no discussion from the Commissioners. Takaba: All those in favor signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. 19. Transient Vessel Licenses issued for ratification Takaba: Item 19, Transient Vessel Licenses issued for ratification. Chair requests a motion to ratify Transient Vessel Licenses 19 a. to 19 j. Greenwell: Move. Nahale-a: Second. 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 carries. The motion was carried unanimously. 20. Election of Chairperson and Vice Chairperson for the year 2018 DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 54 Takaba: Item 20, Election of Chairperson and Vice Chairperson for year 2018. Do we have a motion? Onizuka: Move to approve Art Taniguchi as Chair for 2018. Greenwell: I second that. Mr. Onizuka moved to approve Art Taniguchi as Chair for 2018; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve Art Taniguchi as Chair for 2018. Any discussion? Are there any other nominations? There was no discussion from the Commissioners. There were no other nominations by the Commissioners. Takaba: Hearing none, all those in favor of the motion signify by saying, "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Can we have a motion for Vice Chairperson? Nahale-a: I'II volunteer if someone wants to nominate me. Lopez: I nominate Shelby Nahale-a for Vice Chairman. Greenwell: Second. Mr. Lopez nominated Shelby Nahale-a for Vice Chairman for 2018; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve Shelby Nahale-a as Vice Chair for the year 2018. Any discussion? Any further nominations? There was no discussion from the Commissioners. There were no other nominations from the Commissioners. DECEMBER 7, 2017- LIQUOR COMMISSION MINUTES 55 Takaba: Hearing none, all those in favor of Shelby Nahale-a to be Vice Chair for 2018, say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: Congratulations to both of you. IX. Announcements Takaba: The next meetings of the Commission are January 4, 2018, in Hilo at the Lagoon Centre, and February 1, 2018, in Kona, at the West Hawai'i Civic Center. Meetings of Liquor Commission January 4, 2018, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawai'i. February 1, 2018, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawai'i Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. X. Adjournment Takaba: Do we have a motion to adjourn? Taniguchi: Move to adjourn. Nahale-a: Second. Takaba: Moved and seconded to adjourn. Any discussion? Takase: Before we adjourn, I'd like to thank our Chairman Mr. Bill Takaba for his service. This is his last meeting as Chairman. Bill has done a very good job for us. I've known Bill through my whole career with the County in his various positions. Takaba: Thank you. It's been a pleasure working with all of you. Takaba: Hearing none, all those in favor say, "Aye." DECEMBER 7, 2017 — LIQUOR COMMISSION MINUTES 56 The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. Meeting adjourned. The motion was carried unanimously. Meeting adjourned at 11:36 A.M. Takase Director The December 7, 2017, Liquor Commission minutes were approved as circulated via e-mail on January 3, 2018, by the Liquor Commission of the County of Hawaii on January 4, 2018. DECEMBER 7, 2017 - LIQUOR COMMISSION MINUTES 57