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HomeMy WebLinkAbout2018-05-03 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION May 3, 2Q18 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII I. Call To Order The meeting was called to order by Chair Art Taniguchi at 10:00 A.M., in the Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. The following were present and constituted a quorum: Commissioners: Art Taniguchi, Chair Shelby Nahale-a, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Michael Hughes, Commissioner Stephen Lopez, Commissioner Claude Onizuka, Commissioner Dawn Raymond, Commissioner Absent and Excused: Gerald Takase, Director Stacie Waltjen, Licensing Tech. Others Present: Brandon Gonzalez, Administrative Officer Renee Schoen, Assistant Corporation Counsel Gail Fujimoto, Licensing Officer Dorsi Lim, Secretary to the Board & Commission Taniguchi: I'd like to call this meeting of the Liquor Commission to order. I'd like to ask everyone to put their phones on vibrate or silent please., We'II start off with introductions. Fujimoto: Gail Fujimoto, Licensing Officer. Gonzalez: Brandon Gonzalez, Administrative Officer. Hughes: Mike Hughes, Commissioner. Arakaki: Warren Arakaki, Commissioner. Onizuka: Claude Onizuka, Commissioner. Nahale-a: Shelby Nahale-a, Commissioner. Taniguchi: Art Taniguchi, Commissioner. Schoen: Renee Schoen, Assistant Corporation Counsel. Raymond: Dawn Raymond, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Lopez: Steven Lopez, Commissioner. Lim: Dorsi Lim, Secretary to the Board and Commission. II. Approval of Minutes Taniguchi: Thank you very much. The April 5, 2018, minutes were circulated via e-mail or mail on April 24, 2018. Can I have a motion to approve? Nahale-a: Move to approve. Raymond: Second. Ms. Nahale-a moved to approve the April 5, 2018, Liquor Commission Minutes as circulated; seconded by Ms. Raymond. Taniguchi: It's been moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. Thank you very much. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Taniguchi: There is no supplemental agenda, so we'll move on to public statements. First of all, we have some corrections to the agenda items. May 3, 2018 — LIQUOR COMMISSION MINUTES 2 IV. Public Statements on Agenda Items Taniguchi: Under Item VI. Preliminary Hearings: Item No. 1, Application No. 17-28, should read Application No. T17-28 because it's a transfer. The entity should read Hawaii High Country Lounge instead of Lodge. Item No. 2, Application No. 17-29, also should be referred to as Application No. TI7-29. Again, the entity should read Hawaii High Country Lounge not Lodge. Item No. 3, Application No. 17-30, liquor license should be Category B2 not B1. Amendment to Special License for ratification — under Item VIII. New Business, #9(j), Special License for ratification, Hawaii Island United Way, dba Hawaii Island United Way, the date of the event has been amended from May 12, 2018, to May 11, 2018, by the Licensee. Those were the minor changes. V. Public Hearings Taniguchi: Application No. 17-23, Mid Pac Petroleum, LLC, dba NOMNOM (Kaumana), for an original Retail General liquor license. 1. Application No. 17-23 (10:03 A.M.) Mid Pac Petroleum, LLC, dba NOMNOM (Kaumana), for an original Retail General liquor license, located at 370 Kaumana Drive, Hilo, Hawaii, TMK: 2-5-017:033. Robert Ichikawa, representing the Applicant; Shaina Rabang, Retail Area Manager; and John Peyton, Retail Operations Manager, were present. Taniguchi: Good morning. Rabang: Good morning. Ichikawa: Good morning. Taniguchi: Can you identify yourself and your relationship to the business please? Ichikawa: Good morning, Mr. Chairman and members of the Commission. My name is Robert Ichikawa, representing Mid Pac Petroleum LLC, dba NOMNOM EXPRESS. To my immediate right is Shaina Rabang, the Retail Area Manager. To my far right is John Peyton, Retail Operations Manager. May 3, 2018 — LIQUOR COMMISSION MINUTES 3 Rabang: Good morning. Ichikawa: There are no changes to the report other than our dba will be NOMNOM EXPRESS instead of just NOMNOM. Taniguchi: Can you briefly describe your business? Rabang: It's a convenience gas station business. Taniguchi: Is there any reports of protests? Gonzalez: Mr. Chair, the Applicant mailed three out of three notices within 100 feet, 54 out of 55 notices within 500 feet, and zero notices to condominium or cooperative apartment managers. There were 55 properties entitled to protest and we did not receive any protest to this application. Taniguchi: Is there any public testimony regarding this Applicant? There was no public testimony. Taniguchi: Commissioners, any questions? There were no questions from the Commissioners. Taniguchi: Since none, can I have a motion to close public hearing? Greenwell: I make the motion to close the public hearing. Nahale-a: Second. Mr. Greenwell moved to close the public hearing; seconded by Ms. Nahale-a. Taniguchi: Any other discussion? There was no other discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Public hearing closed. The motion was carried unanimously. May 3, 2018 — LIQUOR COMMISSION MINUTES 4 Taniguchi: Can I have a motion to approve Application No. 17-23? Greenwell: I make the motion to approve Application No. 17-23. Nahale-a: Second. Taniguchi: Pending final inspection? Greenwell: Pending final inspection, yes. Mr. Greenwell moved to approve Application No. 17-23, Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Kaumana), for an original Retail General liquor license, located at 370 Kaumana Drive, Hilo, Hawaii, TMK: 2-5-017:033, pending final inspection; seconded by Ms. Nahale-a. Taniguchi: Any other discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Thank you very much. Ichikawa: Thank you. Nahale-a: Thank you. Rabang: Thank you. Taniguchi: Application No. 17-24, Mid Pac Petroleum, LLC, dba NOMNOM (Honokaa), for an original Retail General liquor license. 2. Application No. 17-24 (10:06 A.M.) Mid Pac Petroleum, LLC, dba NOMNOM (Honokaa), for an original Retail General liquor license, located at 45-3533 Mamane Street, Honoka`a, Hawaii, TMK: 4-5-005:018. May 3, 2018 — LIQUOR COMMISSION MINUTES 5 Robert Ichikawa, representing the Applicant; Shaina Rabang, Retail Area Manager; and John Peyton, Retail Operations Manager, were present. Ichikawa: Good morning. Robert Ichikawa, representing Mid Pac Petroleum LLC, dba NOMNOM EXPRESS. To my right is Shaina Rabang, Retail Area Manager. To my far right, John Peyton, Retail Operations Manager. And again, same change (to the report); the dba will be NOMNOM EXPRESS instead of just NOMNOM. Taniguchi: Again, please briefly describe the business. Rabang: Convenience gas location. Taniguchi: Mr. Gonzalez, any protests? Gonzalez: Mr. Chairperson, there were six out of six notices within 100 feet, 50 out of 55 notices within 500 feet, and zero notices to condominium or cooperative apartment managers. There were 55 properties entitled to protest and we did receive one letter of protest to this Application and one letter of concern to this Application. Taniguchi: Thank you. Commissioners, any questions? We have the two letters. Lopez: Has there been any dialog between you and these protestors? Ichikawa: No, there hasn't. We just received a letter late last week and they were going to be out of town. We received the other letter maybe two days ago, or a day ago. There hasn't been enough time. Lopez: But you've read the protests? Ichikawa: Yes. Lopez: How would you address that? Ichikawa: I'II start and have either John or Shaina jump in. Mid Pac Petroleum has other licenses here in the county. They take it very seriously and are very responsible as licensees. They have extensive training for their staff to prevent underage drinking. They have their own internal training and sting operations to try to enforce compliance with their employees within their own organization. They have a good track record of being responsible licensees. So, in this case, while there may be some concern as far as neighborhood and community, as a licensee they'll do all they can to make sure their sales are made properly, and individuals are welcome to return to their homes to consume what they purchase. Lopez: But the way I interpreted the protest, it had to do with after hours and loitering. Ichikawa: To the extent we have control of our property, they won't be allowed to loiter there. May 3, 2018 — LIQUOR COMMISSION MINUTES 6 Lopez: So you have night watchmen? I don't understand. How would you address that? Ichikawa: I think as long as we're in operation... Lopez: You'll tell them? Ichikawa: Right. And we will ensure that they won't be there as they're closing up the shop. Lopez: Is there any thought about talking with these people and explaining how you would operate to help to ease their concerns? Is there any consideration there? Peyton: Yes. I don't know if we've discussed it at this point, but we'd certainly be open to it. With our properties... Lopez: But you'd take the initiative, right? Peyton: Sure. What we typically do with our properties, even after the stores close for business, of course we have the store alarm itself, and that helps us sometimes if people are banging on the door or shaking the door, things of that nature, that alerts it to us. We also keep our properties well -lit throughout, 24 hours a day, in an effort to avoid loiterers, people from sleeping on the property, things of that nature. We are actually in the process of upgrading all of our camera systems throughout the company, in part to help us with things of that nature, where we'll have a better view of the property, where we can access it remotely 24 hours a day. So that project's a little ways out, but those are a part of our thought process in terms of helping to control the environment and making sure we're protecting our property and the community. Lopez: Thank you for that. I'II just close by saying that being good neighbors obviously, think you know the size of that. The information you just gave about the lighting and security cameras, these folks are (inaudible), talk to them about it, this is your plan. Then (inaudible). Peyton: Sure. Lopez: Thank you. Taniguchi: Mr. Greenwell? Greenwell: Is there any signage on the property to tell people that there's no drinking on the premises so that if there's any enforcement you have a way to fall back and say that we can sell liquor but no drinking on the property? Is there any kind of signage? Peyton: There's nothing visible posted that says no drinking. We could certainly include that. We obviously have no smoking signs everywhere due to the nature of the business, so we can certainly include some type of "no alcohol consumption on the property" as well. May 3, 2018 — LIQUOR COMMISSION MINUTES 7 Greenwell: I'm just giving you something that you might be able to fall back on if something happens. Peyton: Sure. Ichikawa: Absolutely. Peyton: Yes. We certainly can. Ichikawa: And since it's not licensed currently, obviously the signage is not there yet, but we can take that as a consideration and definitely post signs there. Greenwell: I'm not trying to create anymore work, but it may be something that you people might be able to look at in case something does happen. Ichikawa: Sure. Thank you. Taniguchi: Mr. Onizuka? Onizuka: Is there going to be any kind of barricade once the business is closed? Can you close it (your property) off to the streets so people can't just drive in there and park and drink? Rabang: Right now, we don't have anything set in place, but that's something that we may want to look at. Onizuka: Reading this protest, it seems they're concerned that people will loiter and I think by that they mean people will drive there, park and drink. Peyton: We currently don't have any issues with that on the property, but we can certainly look into installing chains across the driveway or something to that effect. Onizuka: This is a case where the new guy suffers a little because according to this (protest), the bar closes at 10:00, and you're going to close at 9:00. So you're closing one hour before the bar. They're concerned about your place. It's just a thought that you may want to chain it off so that people can't drive on the property. Peyton: Sure. Ichikawa: Thank you. Taniguchi: Any other Commissioners have a question? There were no questions from the Commissioners. Taniguchi: Hearing none, I'd like to have a motion to close public hearing. Nahale-a: I move to close public hearing. May 3, 2018 — LIQUOR COMMISSION MINUTES 8 Onizuka: Second. Ms. Nahale-a moved to close the public hearing; seconded by Mr. Onizuka. Taniguchi: Moved and seconded. Any other discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor of closing public hearing signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: May I have a motion to approve or deny Application No. 17-24? Onizuka: Move to approve Application No. 17-24, pending final inspection. Nahale-a: Second. Mr. Onizuka moved to approve Application No. 17-24, Mid Pac Petroleum, LLC, dba NOMNOM EXPRESS (Honokaa), for an original Retail General liquor license, located at 45-3533 Mamane Street, Honoka`a, Hawaii, TMK: 4-5-005:018, pending final inspection; seconded by Ms. Nahale-a. Taniguchi: Moved and seconded. Any other discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. Thank you very much. May 3, 2018 — LIQUOR COMMISSION MINUTES 9 The motion was carried unanimously. Taniguchi: Item No. 3, Application No. 17-25, Island Hops Taproom LLC, dba Island Hops Taproom, for an original Dispenser Beer and Wine liquor license, Category B1. Good morning. 3. Application No. 17-25 (10:14 A.M.) Island Hops Taproom LLC, dba Island Hops Taproom, for an original Dispenser Beer and Wine liquor license, Category B1, located at 82-6167 Mamalahoa Highway, Captain Cook, Hawai'i, TMK: 8-2-015:017. Riley Roberts, Co-owner, was present. Roberts: Hello. Taniguchi: Can you please identify yourself and your relationship to the business? Roberts: My name is Riley Roberts, Co-owner of Island Hops Taproom LLC. Taniguchi: Have you read the report and are there any changes? Roberts: No. Taniguchi: Can you briefly describe your business, please? Roberts: The business is a taproom focused on the sale of craft beer that is in conjunction with a food truck that sells tacos and burritos. Taniguchi: Mr. Gonzalez? Gonzalez: Mr. Chairperson, there were three notices mailed to three owners within 100 feet, 15 notices mailed to 18 owners within 500 feet. There were zero notices to condominium or cooperative apartment managers. There were 15 properties entitled to protest and there were two protests received by the Department. Taniguchi: Is there any public testimony regarding this application? There was no public testimony. Taniguchi: Hearing none, Commissioners, any questions? Mr. Greenwell, you had a question? Greenwell: My question is about the restrooms. Are they portables? Roberts: Yes. May 3, 2018 — LIQUOR COMMISSION MINUTES 10 Greenwell: Has that passed muster with the Planning Department? Roberts: The reason that we're doing it is because the wastewater is restricted on the property and it has been discussed with them but not officially passed as far as I know. I'm not sure if it's going to be an issue. It passed with the Health Department already, as far as having restrooms on site. But, I don't know. I don't know. Greenwell: According to your diagram, the permanent restroom is for employees only? Roberts: That is correct. Greenwell: So, all your patrons are going to use portable restrooms that are out on the lanai? Roberts: Yes, sir. Greenwell: I know it's not our point to question restrooms, but my question is, is that going to hold you up with allowing you to open because you're using portables in a permanent location? Roberts: I believe so. Yes. I believe that it will. Greenwell: Okay. Taniguchi: Any other questions? Mr. Onizuka? Onizuka: What is the requirement for your parking? Roberts: There is a certain requirement that I know of for the amount of seats that you have in a restaurant, you're required to have a certain number of parking stalls as well as handicap parking stalls. But, there is a grandfather clause in place on our building that was put in place by the previous owner of it because she had a business that didn't have enough parking, but it's such an old building that it was allowed. So, the owner of the property and I have discussed that and I just need to clear it once every five years with the Planning Department to make sure that I can continue to fall under the grandfather clause. Onizuka: Do you have something documented on that grandfather clause? Roberts: With me, no, I do not. Onizuka: I know that area, and the parking is really bad. Adjacent to that building where you're planning to put this food truck, there are apartment buildings. There's a couple of apartments on the north side, and they don't even have parking. They park on the side of the road. May 3, 2018 - LIQUOR COMMISSION MINUTES 11 Roberts: They actually do have parking. I live in one of the apartments and each apartment has one parking space and most of the people that live there, have more than one car so they park across the street. Taniguchi: Mr. Lopez, you had a question? Lopez: Yes. This drawing shows a dark solid line between the dining area tables and the lanai. Is that an enclosed wall? Roberts: It's an enclosed wall, yes. Lopez: So, the lua is on the outside, totally out there? Roberts: Yes. There is a handwashing station there. Lopez: Is that portable as well? Roberts: No. Taniguchi: Any other questions? There were no questions from the Commissioners. Taniguchi: Hearing none, can I have a motion to close public hearing? Nahale-a: Move to close public hearing. Greenwell: Second. Ms. Nahale-a moved to close the public hearing; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any other discussion? There was no discussion from the Commissioners. Taniguchi: Hearing none, all those in favor of closing public hearing signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. May 3, 2018 — LIQUOR COMMISSION MINUTES 12 Taniguchi: May I have a motion to approve or deny Application No. 17-25? Nahale-a: So move, pending final inspection. Greenwell: Second. Ms. Nahale-a moved to approve Application No. 17-25, Island Hops Taproom LLC, dba Island Hops Taproom, for an original Dispenser Beer and Wine liquor license, Category B1, located at 82-6167 Mamalahoa Highway, Captain Cook, Hawaii, TMK: 8-2-015:017, pending final inspection; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Discussion? Lopez: I know we're probably outside our kuleana, but there's enough concern with the portables; he hasn't gotten...he suspects that there's going to be an issue. The documentation about the grandfathering may be an issue. I'd just like it to go on record that if we approve this, we know that it may not come to fruition. Thank you. Taniguchi: Maybe we can ask our Corp. Counsel, if we approve it, they still have to go through with the Planning Department... Roberts: I'm currently working with the Planning Department on a couple of different things right now. Taniguchi: So, if we approve the license and they don't meet all the requirements, they cannot open anything, right? Gonzalez: Mr. Chairperson, that is correct. They are currently working with the Planning Department in Kona to get plan approval to address the issues that fall within the Planning Department jurisdiction. For the bathroom issue, it falls within the purview of the State Department of Health, whether it's a requirement to have male and female bathrooms within so many feet of the premises or whether it's a wastewater issue because the employee bathrooms don't have the capacity to handle the amount of usage for the public. But, our approval for a liquor license will still be subject to them complying with other government approvals. Taniguchi: That clears it up for most of our questions. The parking issue would be the same. Mr. Greenwell? Greenwell: For the record, the clarification that Brandon made, everybody should understand that we're approving this with reservations...subject to approval... Taniguchi: Yes, because if they don't meet all of those requirements, then it's not going to go through anyway. Roberts: Correct, yes. May 3, 2018 - LIQUOR COMMISSION MINUTES 13 Taniguchi: Okay. I call for the question, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. Thank you very much. The motion was carried unanimously. Roberts: Thank you. Taniguchi: Item No. 4, Application No. 17-26, WHR LLC, dba Grand Naniloa Hotel, A Doubletree by Hilton, submits Application for Increase in Licensed Premises to its Hotel liquor license to include TMK: 2-1-001:012, also known as the Naniloa Golf Course. 4. Application No. 17-26 (10:23 A.M.) WHR LLC, dba Grand Naniloa Hotel, A Double Tree by Hilton, submits Application for Increase in Licensed Premises to its Hotel liquor license to include entire parcel of TMK: 2-1-001:012, also known as the Naniloa Golf Course, located at 120 Banyan Drive, Hilo, Hawaii. Newton Chu, representing the Applicant, was present. Taniguchi: Good morning. Chu: Good morning, Chair Taniguchi, members of the Commission, Administrator Gonzalez and staff. Nice to see you today. I'm Newton Chu on behalf of the Applicant. I'd like to remind everybody that this is about the golf course. We're asking for liquor service on the golf course. A liquor cart and maybe at the pro shop. I just received something today and I just want to remind everybody what we're talking about here. Thank you. Taniguchi: Have you read the report? Are there any changes? Chu: There are no changes to the report. Taniguchi: For the record, can you briefly describe the business? Chu: The golf course is a nine -hole golf course that probably pre -dates me, maybe not. There's very limited play, however, when the ownership took over, they did put in some money for improvements to the golf course. The Hotel, as you know, is a Hilton Doubletree and occupancy is doing really well. Clientele, room rates, everything is up. May 3, 2018 - LIQUOR COMMISSION MINUTES 14 I think you have to agree that it's really brought a new look to Banyan Drive, and look forward to great things by the Hotel. The golf course is also owned by the ownership and people have been asking for a long time why they can't get a beer on the golf course. This is meant to address that. Taniguchi: Mr. Gonzalez, any report of protest? Gonzalez: Thank you. Mr. Chairperson, there were 45 out of 45 notices mailed within 100 feet, 241 out of 241 notices mailed within 500 feet, and one notice to a condominium or cooperative apartment managers. There were 241 properties entitled to protest and we did receive one protest to this Application. That letter was dated May 3, 2018. The main concern from that letter focused on the concern of having service or consumption up until 4:00 A.M. based on past experience with the cabaret Shooter's Bar & Grill that operated in the area of Banyan Drive previously. I would like to note that within the Application, Applicant states that the hours of operation for the golf course, even though this is an extension of the Hotel license, the hours of operation for the golf course is 7:00 A.M. to 6:00 P.M., not 7:00 A.M. to 4:00 A.M. Chu: And we would like to thank Mr. Inouye for this notice. We appreciate the concerns. We also are concerned about crime in the area. We're very much concerned about those issues. We think we bring a better product than Shooter's. I think there's no comparison there. We have no plans to bring in a nightclub. Taniguchi: Is there any public testimony regarding this Application? Gonzalez: Yes, Mr. Chair. Taniguchi: Come forward, please. Inouye: Good morning. Taniguchi: Please state your name and if you are representing an organization or yourself. Inouye: Yes. I am Don Inouye. I am the present owner of Reed's Bay Resort Hotel. Mr. Chairman and other Commission members, Aloha. I appreciate being able to speak this morning. I've spent sixteen years on Banyan Drive as an owner. I have lived there for twenty two years, so I know what's been going on in the area. I have been instrumental in cleaning up the old Banyan Drive policing issues. It used to have a very bad reputation; even my building, and it's been cleaned up. We've operated as a hotel for many years and I'm happy to say that we enjoy one of the best reputations with the Police Department. We have very few calls coming in now. This is attributed to our concern of the area. For clarification I would like to ask, the word "Hotel" license does encompass cabaret, correct? Gonzalez: No. It does not. Inouye: The Hotel license? May 3, 2018 — LIQUOR COMMISSION MINUTES 15 Gonzalez: The Hotel license is a different class of license than a Cabaret. Inouye: But you can operate a cabaret with it. Gonzalez: No, because Cabaret is a separate type of class and license. Inouye: You can run a business until 4:00 A.M. under the Hotel. Gonzalez: The hours of operation is until 4:00 A.M. for a Hotel license, correct. Inouye: Right. So you could actually, theoretically, have a cabaret business going on as a Hotel. Gonzalez: You can have hours of operation until 4:00 A.M. with a Hotel, but Hotel and Cabaret are two different classes of licenses. Inouye: I understand they're two different classes of license, but my question to the Board, if you have a Hotel license, you can operate under the license a cabaret business. Correct? Gonzalez: I think, to summarize it, you can operate until 4:00 A.M. under both a Cabaret license or a Hotel license. That's what you want to say? Inouye: Correct. And that's why I'm here today. As you notice you have this flier that was passed out. This was Shooter's coming under fire because they were a Cabaret license on Banyan Drive. To make my talk short, will you please refer to the letter that I've handed out. I'm going to go through it quickly. Mr. Inouye read his letter: I have been a member of the old Banyan Drive Neighborhood Watch for over 10 years (this was the old one where we had to clean things up). I was the coordinator at times over those years. Ever since then, things have quieted down on Banyan Drive from what it was in those years. Banyan Drive was the worst area for the Police Department in dealing with calls of complaints and emergencies. This was mostly attributed to the Cabaret license of Shooter's Bar & Grill which allowed it to remain open until 4:00 in the morning. It was not until July 16, 2007, and July 19, 2007, that the Department of Liquor Control two special emergency meetings would actually make attempts to control the problems over the many years that was directly caused by having a Cabaret license (in this case, a Hotel license), in a building on the main thoroughfare of Banyan Drive. May 3, 2018 — LIQUOR COMMISSION MINUTES 16 The many problems caused by allowing the Cabaret license (and in this case, the Hotel license) on the main street of Banyan Drive were enormous because of the riots, drunken noise, lack of sleep for residents, attraction of negative elements, drugs, you name it, undesirable urination, garbage the next morning, alcoholics roaming around after 4:00 A.M. closing. These things are beyond controllable by the Liquor Commission. The main thing here, is that the noise and disturbance in a tourist neighborhood created after all the other bars have closed because a Cabaret licensee closes its doors at 4:00 A.M. These hours of operation attract a certain group type and age of individuals. The Department of Liquor Control is not able to intercede to control problems which were not under their jurisdiction such as parking violations, noisy patrons, drugs disturbing people in the neighborhood, fighting, noise from vehicle, etc. I have attached a Tribune Herald article of headlines news concerning the above problems on Banyan Drive in having a Cabaret license within our hotel resort area. The hotel guests of the past on Banyan Drive were subjected to this problem; but what about the future guest on Banyan Drive? Reeds Bay Hotel has been in the 100% hotel business for years. I know that Hilo Hawaiian Hotel and Hilo Seaside do not want to deal with another Cabaret license on Banyan Drive. I believe that the Hawaii Redevelopment Agency would not approve of a Cabaret licensee directly on Banyan Drive. Therefore, I highly recommend that if no restrictions are placed upon the request in extending the Hotel liquor license to cover the entire 9 -hole golf course property which includes the putting green, driving range, starter building, pro shop, parking lot and the old restaurant and bar building that this Liquor Commission refer this request to the Banyan Drive Hawaii Redevelopment Agency to ensure that a Cabaret liquor license on Banyan Drive thoroughfare fits into their Master Plan. It is therefore respectfully requested that certain restrictions be placed on the Hotel class of license whenever it may be approved for the golf course property (now or in the future). (In other words, we must ensure that...) The following restrictions are recommended: 1. No Cabaret license operation now or in the future. 2. No sales or consumption of liquor (alcohol) in the parking lot (area). 3. Licensee to sell liquor only in the restaurant and bar. May 3, 2018 - LIQUOR COMMISSION MINUTES 17 Now, their intentions are to close at 6:00 P.M., but the license can be used at any time to operate above that time. It can be changed. So, definitely a restriction must be put on. thank you very much. Taniguchi: Thank you Mr. Inouye. Are there any other testifiers? Come forward. Please identify yourself and if you represent any organization. Combs: Good morning. I'm Michael Combs. I personally want to thank you all for serving the community. I bring a unique perspective to this question. I'm a resident at 121 Banyan Drive. We formerly had Shooter's there. I was a director of the owners association at that time. It brought out a different class of people. I never heard the term "tweakers" until Shooter's and the ice epidemic. It was an absolute nightmare. I am also a golfer, a former drinker, so I'd like to add that I used to enjoy having a beer and the Banyan course is my home course. I support my friend, Don Inouye's comments about not allowing them to slip under the table and allow that Cabaret license to be used and absolutely destroy the ambience on Banyan Drive. Thank you very much. Taniguchi: Thank you. Anybody else? Good morning. Please identify yourself and if you represent any organization. Heidenfeldt: Good morning. My name is Patty Heidenfeldt, or Patricia formally. I am the Executive Assistant to Don Inouye for Reeds Bay and have lived on property for ten years. I understand the difference between the Cabaret and the Hotel, but we have also established that the Cabaret 4:00 A.M. time can be initiated. I want to make sure that you take this real seriously. We had to refund guests who could not tolerate the noise. It was a loss of revenue to the hotel. It was a huge issue with the Police Department. Fights that broke out that were, in one instance, deadly. I want to say that I'm not against the license. I'm just wanting restrictions to be placed on it so that we don't go backwards in time, that we move forward. Having beer on the golf course, for me, having a little beverage cart is nice (1 golf, too). I like what they're asking for, I don't have an issue with that. I do have an issue with the future, the possibilities in the future. So I strongly urge that there be restrictions placed upon the license so that the future is ensured. Because right now, Banyan Drive has become a really beautiful place. Not only a lovely view, but nice owners of the hotels who are very cooperative. We work together with the neighborhood association. There's been a real nice camaraderie between the hotels and cooperation with security as well. But, I want to really emphasize the problems and the issues and the impact on the hotels and the Toss of revenue and the danger that it imposed. I really urge you to put restrictions for the future on this that you are able to ensure us that we don't go back in time and have these fights. As previously mentioned, the type of people that it attracts after 2:00 A.M. are the ones that are already inebriated and just want to drink some more. That's deadly and I've personally witnessed cars being driven on the sidewalk, going up the wrong direction, drivers paying no regard to people who are on the street and walking. As you know, this is a tourist industry and a tourist neighborhood, and we want to ensure the safety of our guests. We want to ensure the safety of the patrons as well. Thank you. Taniguchi: Thank you. Anybody else want to offer...yes. May 3, 2018 — LIQUOR COMMISSION MINUTES 18 Heidenfeldt: Good morning. My name is Bruce Heidenfeldt and I'm a retired police officer. I worked in Hilo for 24 years. Back in the day, Shooter's, first watch was a nightmare. I almost got stabbed and a friend went out; Officer Ronald Jitchaku passed away May 7, 1990, the anniversary is next week Monday. It's been 20 years that he's been gone. He was hit in the head on Banyan Drive when there was a riot and alcohol was involved and that's my concern. Today Banyan Drive is an awesome place to live and to work and to play. But, playing with fuel and fire and alcohol just doesn't mix. And I just leave it with you. Thank you for your time, have a great day everyone. Taniguchi: Thank you. Are there any other persons wishing to testify? There was no other testimony. Taniguchi: Since none, Commissioners, any questions? Mr. Lopez? Lopez: When I read the Application, I thought it would be a slam-dunk. It seemed like an easy thing to do. But, I'm heartened by the number of people who have come out and send their voice. Thank you very much for that. I need to get grounded here, because after hearing that question about Cabaret license, Hotel license, and possibility of operating a cabaret until 4:00 A.M., does there have to be another application for a Cabaret license for what they're proposing could occur? Or can it be done under the existing license? Gonzalez: To operate a cabaret, they would have to apply for a Cabaret license. But, to simplify what the main concern is for the residents; there are several members here that were actually part of the Commission or affiliated with the Commission that attended the special meetings regarding Shooter's. In that situation, there was a licensee (Cabaret) that was within the building and when they held special events, the vibrations from the bass for the event and the conduct of the attendees created issues for the residents that lived in the building or the transient guests that would occasionally stay there. I think the main issue here is the fear that there will be operations involving alcohol until 4:00 A.M. which is what the Naniloa Hotel license allows them to do on the Hotel property. But what I was trying to say was that the Applicant has stated that they are applying for the increase for beverage cart service on the golf course which they anticipate ending by 6:00 P.M. One way to assure operations is, maybe, the Applicant is willing to state that if they plan to have events on the golf course beyond 6:00 P.M., then they would apply and notify the Department. The Commission could impose that as a condition and maybe that would make the residents feel more comfortable and address the main concern about going beyond the golf course operation time. Lopez: My understanding then is under the current Hotel license, the problem they're commenting about could still exist irrespective of this golf course extension, within the Hotel. Gonzalez: For the hours of operation, yes. Lopez: So we're dealing with just the golf course as an extension of the area to serve alcohol? May 3, 2018 — LIQUOR COMMISSION MINUTES 19 Gonzalez: Yes. Lopez: And to your point, we could restrict that to close at 6:00 P.M. and perhaps not have special events? Gonzalez: Correct. Lopez: Alright, thank you. I understand much better. Onizuka: Mr. Chair, just as a point of information for the Commission, I served on that Commission when we had the Shooter's incident come before us. I think that was something that was getting out of hand. But, I'd like all of you to realize that, and I think that Mr. Inouye knows this, when we dealt with Shooter's, they were being operated by individuals, single proprietors that just didn't care. In this case, we're dealing with a company that works under the Hilton banner. To me, it's a different light. I don't think anyone operating under the Hilton banner would ever have incidents like what happened in the past with Shooter's. The problem we had with Shooter's was that we were dealing with individuals that (for lack of a better description) couldn't care less. Mr. Inouye came forward and approached the Commission for help and at that time, we did whatever we could. I realize what they went through, but I'd like you to consider that we're operating under two different lights. Raymond: Mr. Chair, I also have a question regarding what it says, that "...the bar services will be in the Starter building." Is there any security that will be monitored even if it's from the 7:00 A.M. to 6:00 P.M. to say that these people who are purchasing even for the cart services that they aren't walking to their cars in the parking lot or drinking outside of the actual golf course or in that building that the bar will be held in? Chu: Yes. The Hotel does have security but I think there's very limited play and the golf Starter can control that. We can make it clear that there's no drinking in the parking lot, we don't want drinking in the parking lot. It's really an amenity for the golfers that we're talking about. Depending on play, the golf cart service may not go out. If there's only one, two, three sets, it's not going to happen. We're hoping that this will increase play to the extent that we could get the golf service out there. That's really the plan. I want to thank everybody for coming out. We share the same concerns. We don't want a Shooter's situation. That would definitely jeopardize what the ownership is trying to do with Hilton. Hilton oversees everything that "we" (as he works closely with the ownership) do and we have to raise the standard way higher than Hilo's ever been used to. The food service we have to offer, the guest services, we read the reviews, everything is scrutinized very much by Hilton. We don't want to lose the Hilton affiliation. We have the very same concerns about the violence and noise on Banyan Drive; if not, a greater concern. Because, not only do we report to the Commission and Hawaii County Police, we report to Hilton. We don't want to lose that, so we appreciate that. Like Mr. Onizuka says, it's a little different now. We're not in there to make a fast dollar. Our room rates reflect that; our room rates are much higher than ever seen on Banyan Drive before. It attracts a different clientele. Our clientele demands more. Average stays went from 1.5 nights a week to 3 plus nights per week. That's unheard of in Hilo. We share their concerns, and we thank them for coming out. But, again, I want to focus on May 3, 2018 — LIQUOR COMMISSION MINUTES 20 what we're here for. It's basically the golf course and the golf cart service. I agree with Mr. Gonzalez that if we wanted to make any changes on the golf course, we would come back and talk to you about that. We have no plans to put a nightclub in the old area there. In fact, the plans right now are to work on the rooms that are still unimproved at the Hotel, the group rooms. There are no plans to create a nightclub on the golf course. I can confirm that, I have talked to them. Taniguchi: Any questions? Greenwell: Brandon, does the Naniloa's license specifically restrict the premises to the building or does that include the golf course? Gonzalez: Commissioner Greenwell, are you referring to the Hotel license? Greenwell: Yes. Gonzalez: It restricts it to the boundaries of the Hotel property. As you may know, Hotel guests may be allowed to consume alcohol on the premises as they walk on the lawn area within the Hotel, or certain walkways within the Hotel, from the bar to an outdoor seating area on the Hotel parcel. Greenwell: Including the golf course? Gonzalez: No. That's why we're here for the increase. Chu: That's what we're for today. Greenwell: So it's specific to the Hotel building premises? Gonzalez: Yes, sir. Heidenfeldt: May I speak one more time? Taniguchi: We concluded the public testimony. Is this something different? Heidenfeldt: On that restriction, the parking lot was really important and I forgot to mention I don't understand why they are including the parking lot. I wanted to make sure that was part of the restriction. We don't want the drinking in the parking lot. Taniguchi: Any other questions, Commissioners? There were no questions from the Commissioners. Taniguchi: I have something I want to add as well. I think we've done the same thing for the Mauna Lani just recently where they wanted to do cart service, taking back the license to take over the carts within the golf course. As Mr. Onizuka said, I grew up here. I remember the Shooter's incident. I remember when Officer (inaudible) got killed, but the thing is, it's apples and oranges. As Mr. Lopez said earlier, when I looked at this, May 3, 2018 — LIQUOR COMMISSION MINUTES 21 I thought it was a slam-dunk. I didn't think we'd have that many questions about it. But appreciate the concerns because nobody wants to see anything like that happening again. I can't imagine the Hilton brand condoning anything like how Shooter's was operating. There's no doubt in my mind they wouldn't allow anything like that. What they're trying to do, I think, is to accommodate their guests when they're on the golf course. Being a golfer, I like to have a beer on the golf course as well. There's no lights, so you cannot operate at night. I'm sure if you wanted a Cabaret license, you'd come in for a Cabaret license anyway. In this case, let's be considerate of the ownership and the type of brand that they have to protect and see. If I lived in that area, I'd have those concerns. I don't live in that area and I still have those concerns. Let's look at it in that light. These concerns are valid and the other concern might be because there was a restaurant there before, Herke's Tavern, and there could be a nightclub again, maybe. That's the concern. But for now it's just the golf course and the golf cart and in the office, selling the beer out of the Starter's room. Right? Chu: Well, we've limited our request for hours. Inouye: May I add one more thing? The liquor license is to WHR LLC, Grand Naniloa Hotel is the dba. That can change. Don't let the influence of Grand Naniloa Hotel guide you. It's what WHR LLC will do in the future. They can change. I'm just saying, I'm for the license to be transferred but put some restrictions on it. It's like you all did before to Shooter's. You put restrictions on it. Taniguchi: It's not a transfer, it's just an extension. Any other discussion, Commissioners? Mr. Onizuka? Onizuka: I think the main concern here is what the Application means for the golf course permit. And if there's any new construction of a bar or anything like that to that facility, they'd have to contact the Department so we would be well -aware of what they're doing within that complex. Taniguchi: Any further discussion? There was no further discussion from the Commissioners. Taniguchi: May I have a motion to close public hearing? Onizuka: Move to close public hearing. Hughes: Second that. Mr. Onizuka moved to close the public hearing; seconded by Mr. Hughes. Taniguchi: Moved and seconded. Any other discussion? There was no discussion from the Commissioners. May 3, 2018 — LIQUOR COMMISSION MINUTES 22 Taniguchi: Since none, all those in favor of closing public hearing signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: May I have a motion to approve or deny Application No. 17-26, pending final inspection? Onizuka: Move to approve Application No. 17-26, pending final inspection. Taniguchi: Any second? Greenwell: Second. Mr. Onizuka moved to approve Application No. 17-26, WHR LLC, dba Grand Naniloa Hotel, A Double Tree by Hilton, Application for Increase in Licensed Premises to its Hotel liquor license to include entire parcel of TMK: 2-1-001:012, also known as the Naniloa Golf Course, located at 120 Banyan Drive, Hilo, Hawaii, pending final inspection; seconded by Mr. Greenwell. Taniguchi: Discussion, Members? Lopez: I heard what the Commissioners had to say, the history of this, and about the brand. I have a lot of respect for the people that came to talk, for the history they've got, and for the dedication they've placed in improvement of that area. I think we have to set a restriction on the...just on the golf course, excluding the parking lot. I didn't read that that was part of it. The license is for the golf course and they're suggesting to 6:00 P.M. think that satisfies most parties. Taniguchi: Til the sun goes down probably. Lopez: Well, 6:00 P.M. is 6:00 P.M. I really strongly suggest...l'm not sure what the appropriate time to amend the motion...that we restrict it to 6:00 P.M., as they've (inaudible). Chu: As in the Application. Lopez: And if I need to make a motion to amend the motion, please advise. May 3, 2018 — LIQUOR COMMISSION MINUTES 23 Chu: The Application already states...we only asked til 6:00 P.M. I think we have to come in if we want to change hours. Onizuka: The Department has already noted that if they go beyond 6:00 P.M. they will need to apply for a special permit. Taniguchi: Just a point of information, I was conferring with Corporation Counsel, it (the Application) doesn't say parking. Who mentioned parking? Lopez: Patty. Heidenfeldt: It does include the parking lot. Taniguchi: Where does it say that in the Application? Heidenfeldt: On the Application. Taniguchi: We're trying to find it. Heidenfeldt: The letter that was given to us had three areas. Don, did you bring the letter? Inouye: I didn't bring it. Heidenfeldt: It does include the parking lot. Taniguchi: On the Application it lists golf course, putting green, driving range, Starter building, pro shop. That's it, no parking lot. Heidenfeldt: In our letter, it's the last thing...I'm sure you have a copy of the letter. Chu: In the notice? Heidenfeldt: The one that was sent out to all the patrons included the parking lot. Gonzalez: The Report to the Commission does state that the request for increase consists of the entire parcel. It would include the parking area as well. Taniguchi: The tax map key? Gonzalez: Yes. Taniguchi: So, we can restrict...take off the parking lot... Chu: We would say no sales. I think one of the issues would be sometimes the truck will pull up, stocking, and...1 don't want our client to be cited for loading the golf cart in the parking lot. That would be our concern. But there are no plans to sell on the parking lot. May 3, 2018 — LIQUOR COMMISSION MINUTES 24 Onizuka: There's no drinking in the parking lot, so your licensed premises would be restricted to the immediate golf activity area. Chu: I have no problems with that. Onizuka: Not the parking lot. Chu: We have no plans to... Taniguchi: That's what's stated on their Application anyway. Chu: Yes. We have no plans to sell on the parking lot. Taniguchi: When I read it, I didn't see the parking lot mentioned. But the tax map key would identify the whole parcel. Lopez: Chair, with regards to my concern, you said that the Application already limits them to 6:00 P.M. and anything after 6:00 P.M. they need a special permit? Is that the way we're approving this license? Onizuka: That's what it states on here (the Application). Hours of operation 7:00 A.M. to 6:00 P.M. Lopez: Okay, in the Application. I thought I heard you say approximately 6:00 P.M. or maybe it could go later, depending... Chu: I think it says 6:00 P.M. There's so little play, that opening in the dark, it's not in the picture. Taniguchi: Mr. Greenwell? Greenwell: The nature of the Application for Increase is Licensed Premises is to include the entire TMK parcel. Is that going to be removed? Taniguchi: It won't be removed because that's the tax key, but I think we can restrict it to the areas that's listed on the Application. Correct? Gonzalez: Yes. Greenwell: Excluding the parking lot? Gonzalez: Excluding the parking lot. Greenwell: Okay. That needs to be noted in here (Report to Commission). Taniguchi: It is noted. May 3, 2018 — LIQUOR COMMISSION MINUTES 25 Greenwell: The first sentence (inaudible) the entire TMK. It needs to be noted on the Application. Lopez: But it says details of the increased area, so it's very specific. Taniguchi: (to Corporation Counsel) How can we change that? Schoen: You can have that limitation and specifically exclude the parking area. Greenwell: So, it needs to be printed. Schoen: You can make a motion to that effect and it would be reflected in the minutes and any order. Onizuka: Amend my motion? Taniguchi: Mr. Onizuka to amend his motion. Onizuka: 1 amend my motion to approve Application No. 17-26, pending final inspection, with the exclusion of the parking lot as a licensed premises. Taniguchi: Do we have a second? Hughes: I'II second that. Mr. Onizuka amended his motion. Mr. Onizuka moved to approve Application No. 17-26, WHR LLC, dba Grand Naniloa Hotel, A Double Tree by Hilton, Application for Increase in Licensed Premises to its Hotel liquor license to include entire parcel of TMK: 2-1-001:012, also known as the Naniloa Golf Course, located at 120 Banyan Drive, Hilo, Hawaii, with the exclusion of the parking lot as a licensed premises, pending final inspection; seconded by Mr. Hughes. Lopez: I trust you. Taniguchi: Mike seconded. Any other questions? There were no questions from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. May 3, 2018 — LIQUOR COMMISSION MINUTES 26 Taniguchi: Motion carried. Thank you. The motion was carried unanimously. Chu: Thank you. Taniguchi: We thank all of you for coming today, we appreciate it. Chu: (to testifiers) Thank you (inaudible conversation with testifiers). Gonzalez: Mr. Chair, if we may take an item out of order, Mr. Chu is supposed to be at the airport by 11:00 A.M. because he has to attend another hearing. May we take Preliminary Hearing Item No. 4, Application No. 17-31, out of order? Taniguchi: We will take one item out of order. Item No. 4, under Preliminary Hearings will be taken up first. Longs Drug Stores California, L.L.C., dba Longs Drugs #6870 (Kea'au), for an original Retail General liquor license. 4. Application No. 17-31 (10:59 A.M.) Longs Drug Stores California, L.L.C., dba Longs Drugs #6870 (Kea'au), for an original Retail General liquor license, located at the northeast corner of the Kea'au-Pahoa Road and Old Volcano Road, Kea'au, Hawaii, TMKs: 1-6-002:019 to 022,099 102, and 103. Newton J. Chu, representing the Applicant and Vinia Rosa, Store Manager, Longs Pahoa store, were present. Chu: Good morning, Chairman Taniguchi, Members of the Commission, Administrator Gonzalez and staff. I'm Newton Chu on behalf of the Applicant Longs Drugs Stores California, L.L.C., dba Longs Drugs. To my left, Vinia Rosa, Store Manager of our Pahoa store, doing a great job. He's here because the District Manager is unable to come. There's a couple comments to the investigative report. On the agenda it shows we have designated certain Executives as designated officers and directors for this license and that'll be taken up later. I have provided the Personal Histories to Ms. Fujimoto for the record this morning, so we have updated your records. There are no other changes to the investigative report. Taniguchi: Can you briefly describe the business? Chu: It's a retail drug store. Taniguchi: Any public testimony? There was no public testimony. Taniguchi: Commissioners, any questions? May 3, 2018 — LIQUOR COMMISSION MINUTES 27 There were no questions from the Commissioners. Taniguchi: Since none, can I have a motion to approve Application No. 17-31? Onizuka: Move to approve Application No. 17-31, public hearing to be held July 5, 2018, in Hilo. Taniguchi: Any second? Arakaki: Second. Mr. Onizuka moved to approve Application No. 17-31, Longs Drug Stores California, L.L.C., dba Longs Drugs #6870 (Kea'au), for an original Retail General liquor license, located at the northeast corner of the Kea'au-Pahoa Road and Old Volcano Road, Kea'au, Hawaii, TMKs: 1-6-002:019 to 022,099 102, and 103, public hearing to be held on July 5, 2018, in Hilo; seconded by Mr. Arakaki. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Chu: Thank you very much. Thank you for taking me out of order, have a great day. Taniguchi: I noticed a gentleman is here, too. You're from Umeke's, right? Pabre: Yes. VI. Preliminary Hearings Taniguchi: Why don't we take Item No. 3 out of order as well? Application No. 17-30, Umekes LLC, dba Umeke's Kuakini Center, submits Application for Increase in Licensed Premises to include an outside dining area facing the common area parking lot, to its Restaurant General liquor license, and it's going to be Category B2 instead of B1. B2 is for live entertainment. May 3, 2018 — LIQUOR COMMISSION MINUTES 28 3. Application No. 17-30 (11:03 A.M.) Umekes, LLC, dba Umeke's Kuakini Center, submits Application for Increase in Licensed Premises to include an outside dining area facing the common area parking lot, to its Restaurant General liquor license, Category B1, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit 112, Kailua-Kona, Hawaii, TMK: 7-4-010:005. Nakoa Pabre, Owner, was present. Taniguchi: Can you identify yourself and your relation to the business? Pabre: Aloha, I'm Nakoa, the owner of Umeke's restaurant, bar and grill. Taniguchi: You have any changes to the report? Pabre: No. Taniguchi: Can you briefly describe your business? Pabre: We're a food service restaurant and bar. We close at 9:00 P.M. Once in a while we do special events which we've been running up til 12:00 midnight. But that's about it. We're family style, local style, pretty simple. Taniguchi: There's nobody here for public testimony. Commissioners, questions? There was no public testimony. Gonzalez: Mr. Chair, if I may, the Category B2 in addition to live entertainment, it adds dancing for the premises. I just wanted to explain that. Thank you. Lopez: Question. Taniguchi: Mr. Lopez? Lopez: With that information, where is the area for dancing? Pabre: Well, well, gee...we don't get any dancing. Just in case somebody had one beer and they hear a good song, they might want to stand up and make some moves or something. We don't intend on doing dancing. We're more restaurant. Lopez: Parking's a horrible problem. Pabre: Oh, trust me, trust me... Lopez: When you get these big trucks that take two to three parking spaces. May 3, 2018 — LIQUOR COMMISSION MINUTES 29 Pabre: Well, what happened there is the Trust made this parking plan to include the property next door and after they sold the property to Kona Brew, they didn't go back and check out the plans for the parking. We've been dealing with parking issues for a while and it's bad. Kona's getting to be a busy place and people are trying to find wherever you can park and walk down. Unfortunately it's come to that. Lopez: Brandon, when the licensee came in to add the premises that's now the Pa`ina Room, my recollection is that it was for special events and not as a regular dining area. Is that true or not? Gonzalez: It is still true. Pabre: Yes. Lopez: I know you have Tuesday Taco Night and a band or music in that room on a regular basis, too. So what happened? Pabre: We were in the process of trying to get our license for that but we've been battling back and forth with the Landlord and the County inspectors, so at first they told us if we kept it under 100, then we could operate. But now they're saying because of some formula, that we can't, so July 15 will be our last day for that anyway. We're turning it back over to the Landlords. Lopez: You're getting out of that? Pabre: Yes, we're getting out of that lease, exactly. Lopez: So, expanding the area for your dining gives you more room. Pabre: Because we're giving up all that space, they've built this... Lopez: Plus you have this outside dining... Pabre: Correct. Yes. Lopez: Thank you very much. Pabre: You're welcome. Taniguchi: Commissioners, questions? Onizuka: My only concern is, will there be some kind of railing or something in there where you can control alcohol from leaving the property? Pabre: There is a railing all the way around already. The steps come up that goes into the restaurant and there's another railing. It's all railed off already on the mauka exit and the makai exit. May 3, 2018 - LIQUOR COMMISSION MINUTES 30 Onizuka: They cannot just walk into the parking lot? Pabre: Technically, they can. Onizuka: From the stairway side, though. Pabre: Yes. Gonzalez: If you look at the attached drawing after the picture with the picnic tables, between the wheelchair ramp and the picnic tables there's a solid line. There's actually a railing there and that whole concrete area is above grade. If you look towards the bottom of the page that straight line is also a railing, and I believe there is a drop of over two feet from there, so it's not at grade, it's above grade. So, there is clear natural railing boundaries in place between the establishment and the parking lot. Taniguchi: What about from the street? Can't you walk around from this side? It's open, right? Pabre: You could walk all the way around, and that's the actual ADA side. Taniguchi: You could just come in this way and walk to your car on this side, right? Pabre: Yes. Taniguchi: So, there's no railing block over there. Gonzalez: There is a hedge between Kaiwi Street and the front of Umeke's where they are already approved for outdoor seating. Taniguchi: Yes, on that side. But this is the outside. In front of the new area, right? Pabre: Yes. Gonzalez: The inner parking lot. Yes. Taniguchi: So, when you walk around this corner right here, it's wide open. There's nothing blocking here. Pabre: Technically, it's maybe a four feet entry that goes into the big concrete (lanai). Taniguchi: Right. So technically people could walk (to the parking lot). Pabre: Technically, yes. I don't think we'd be able to confine it because with what they're trying to lease out the current Pa'ina Room to someone else, I think a micro - brewery guy, we'd have to give him access to that other roll -up door area. Taniguchi: So how is that going to work? That was my next question is who's going to occupy that space? May 3, 2018 — LIQUOR COMMISSION MINUTES 31 Pabre: If you see where the space is, it's super wide, so we're not planning on building a huge section over there. We're talking maybe five picnic tables against the rail part which would leave an extra 15 feet or so of space. Gonzalez: Mr. Chair, we could also remind the Applicant to install, like we have in other venues with some fluid outdoor spaces, signage that says no alcohol beverage beyond a certain point, if that makes the Commission more comfortable. Pabre: We could also even, maybe put up some kind of planters or something to keep it contained from them walking around that side. Taniguchi: I'm wondering if they're renting it out to somebody else, how would they feel if you have your patrons drinking outside on the lanai. Pabre: Right. Taniguchi: Mr. Lopez? Lopez: As I was looking at these picnic tables and the roll -up (door)...who owns this area? Is this part of your lease, this geography? Pabre: The whole patio part? Lopez: Yes. I mean, do you have, is the Landlord allowing you to do... Pabre: Yes. We have letters approving... Gonzalez: Thank you Commissioner Lopez. Yes. I'm sorry I forgot to mention this: the Landlord which is entrusting Colliers to oversee the use of the space gave verbal approval for the use of space. We received written confirmation yesterday of approval to use the space. There's the usual terms such as they cannot drill into the new concrete, they cannot anchor into the side of the building, everything has to be temporary and moveable in case things change with the other tenants in the area. Lopez: Thank you for that. Taniguchi: Thank you very much. Any other questions, Commissioners? There were no other questions from the Commissioners. Taniguchi: Since none, can we have a motion to approve or deny Application No. 17-30? Onizuka: Move to approve Application No. 17-30, public hearing to be held July 5, 2018, in Hilo. Raymond: Second. May 3, 2018 — LIQUOR COMMISSION MINUTES 32 Mr. Onizuka moved to approve Application No. 17-30, Umekes, LLC, dba Umeke's Kuakini Center, submits Application for Increase in Licensed Premises to include an outside dining area facing the common area parking lot, to its Restaurant General liquor license, Category B2, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit 112, Kailua-Kona, Hawai`i, TMK: 7-4-010:005, public hearing to be held on July 5, 2018, in Hilo; seconded by Ms. Raymond. Taniguchi: Moved and seconded. Any other discussion? There was no discussion from the Commission. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. Thank you very much. The motion was carried unanimously. Pabre: Mahalo. Have a good day. Taniguchi: Item No. 1, Application No. T17-28, Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge, for a sale and transfer to the Restaurant General liquor license, Category A, held by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant. 1. Application No. 17-28 (11:11 A.M.) Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge, for a sale and transfer of the Restaurant General liquor license, Category A, held by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant, located at 19-3948 Old Volcano Road, Volcano, Hawaii, TMK: 1-9-004:055. Taniguchi: There isn't anyone here to testify. It's a sale and transfer, they sold it. Gonzalez: Thank you Mr. Chair. We have been in constant contact with the Applicant who is based on the mainland, and their legal representation, and they notified us that they would not be present at the meeting today. There is one change to the Department's report and I believe the report states that the Application for sale and transfer would be for a Category B1. However we have been notified as recent as yesterday that they want to keep it as Category A. So the main difference there is May 3, 2018 — LIQUOR COMMISSION MINUTES 33 Category A is recorded music, whereas Category B1 is recorded music and live entertainment. And, if you're familiar, to describe the business this is the restaurant at the Kilauea Lodge. The owners have found a person that will take it over, but still would like to keep its ambience and operations and majority of the current staff, but also help keep the lodge relevant for today's times. Taniguchi: Any questions? There were no questions from the Commissioners. Taniguchi: Since none, can I have a motion to approve Application No. T17-28? Greenwell: I make the motion to approve Application No. T17-28, public hearing to be held June 7, 2018, in Kona. Taniguchi: Do we have a second? Nahale-a: Second. Mr. Greenwell moved to approve Application No. T17-28, Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge, for a sale and transfer of the Restaurant General liquor license, Category A, held by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant, located at 19-3948 Old Volcano Road, Volcano, Hawaii, TMK: 1-9-004:055, public hearing to be held on June 7, 2018, in Kona; seconded by Ms. Nahale-a. Taniguchi: Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 2, Application No. T17-29, Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail), for a sale and transfer of the Retail Beer and Wine liquor license, currently held by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant (Retail). May 3, 2018 — LIQUOR COMMISSION MINUTES 34 2. Application No. 17-29 (11:14 A.M.) Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail), for a sale and transfer of the Retail Beer and Wine liquor license, currently held by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant (Retail), located at 19-3948 Old Volcano Road, Volcano, Hawaii, TMK: 1-9-004:055. Taniguchi: I guess it's the same thing, right? Greenwell: What is the difference here? Taniguchi: One was for the inside, I guess? Gonzalez: Yes, thank you. Again, this is the same Applicant. Back in the day, the restaurant portion of the lodge had a separate license from the retail convenience store. The retail convenience store only serves beer and wine. Fujimoto: Sells. Gonzalez: Yes, for consumption in the guest rooms, whereas the restaurant focuses on service of alcohol while the guests dine in the restaurant. There were two separate licenses. And there are no changes to the report. Taniguchi: Can we have a motion to approve Application No. T17-29? Nahale-a: So move. Taniguchi: Second? Raymond: Second. Ms. Nahale-a move to approve Application No. T17-29, Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail), for a sale and transfer of the Retail Beer and Wine liquor license, currently held by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant (Retail), located at 19-3948 Old Volcano Road, Volcano, Hawaii, TMK: 1-9-004:055, public hearing to be held on June 7, 2018, in Kona. Taniguchi: Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." May 3, 2018 — LIQUOR COMMISSION MINUTES 35 Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. Thank you very much. The motion was carried unanimously. VII. Unfinished Business Taniguchi: There is no unfinished business. VIII. New Business Taniguchi: Item No. 1, Ola Brewing Corporation, dba Ola Brew Co., ratification of Application for Temporary Increase in License Premises to its parking lot fronting the bays on the side of the building, for a special event held on April 7, 2018. 1. OIa Brewing Corporation, dba Ola Brew Co., ratification of Application for Temporary Increase in License Premises to its parking lot fronting the bays on the side of the building, for a special event held on April 7, 2018, approved by Director Gerald Takase on April 5, 2018, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii. Taniguchi: Motion? Nahale-a: Move to ratify. Onizuka: Second. Ms. Nahale-a moved to ratify the Application for Temporary Increase in License Premises, for OIa Brew Corporation, dba Ola Brew Co., to its parking lot fronting the bays on the side of the building, for a special event held on April 7, 2018, approved by Director Gerald Takase on April 5, 2018, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Onizuka. Taniguchi: Seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." May 3, 2018 — LIQUOR COMMISSION MINUTES 36 Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 2, Island Naturals Market, Inc., dba Island Naturals Market & Deli, ratification of Application for Temporary Increase in Licensed Premises to the Hilo Shopping Center parking lot, for a live music anniversary celebration event held on April 15, 2018. 2. Island Naturals Market, Inc., dba Island Naturals Market & Deli, ratification of Application for Temporary Increase in Licensed Premises to the Hilo Shopping Center parking lot, for a live music anniversary celebration event held on April 15, 2018, approved by Administrative Officer Brandon Gonzalez on April 11, 2018, to its Retail Beer and Wine liquor license, located at Hilo Shopping Center, 1221 Kilauea Avenue, Suite 170, Hilo, Hawaii. Nahale-a: Move to ratify. Greenwell: Second. Ms. Nahale-a moved to ratify the Application for Temporary Increase in License Premises, for Island Naturals Market, Inc., dba Island Naturals Market & Deli, to the Hilo Shopping Center parking lot, for a live music anniversary celebration event held on April 15, 2018, approved by Administrative Officer Brandon Gonzalez on April 11, 2018, to its Retail Beer and Wine liquor license, located at Hilo Shopping Center, 1221 Kilauea Avenue, Suite 170, Hilo for Hawaii; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. May 3, 2018 — LIQUOR COMMISSION MINUTES 37 The motion was carried unanimously. Taniguchi: Item No. 3, Island Naturals Market, Inc., dba Island Naturals Market & Deli, ratification of Application for Entertainment Permit, for a live music anniversary celebration event, held on April 15, 2018. 3. Island Naturals Market, Inc., dba Island Naturals Market & Deli, ratification of Application for Entertainment Permit, for a live music anniversary celebration event, held on April 15, 2018, approved by Administrative Officer Brandon Gonzalez on April 11, 2018, to its Retail Beer and Wine liquor license, located at Hilo Shopping Center, 1221 Kilauea Avenue, Suite 170, Hilo, Hawaii. Nahale-a: Move to ratify. Greenwell: Second. Ms. Nahale-a moved to ratify the Application for Temporary Increase in License Premises, for Island Naturals Market, Inc., dba Island Naturals Market & Deli, for a live music anniversary celebration event, held on April 15, 2018, approved by Administrative Officer Brandon Gonzalez on April 11, 2018, to its Retail Beer and Wine liquor license, located at Hilo Shopping Center, 1221 Kilauea Avenue, Suite 170, Hilo, Hawaii; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 4, JKL & Associates, LLC, dba E Komo Mai Lounge, ratification of Application for Temporary Increase in Licensed Premises to its back parking lot, for a concert, held on April 27, 2018. May 3, 2018 — LIQUOR COMMISSION MINUTES 38 4. JKL & Associates, LLC, dba E Komo Mai Lounge, ratification of Application for Temporary Increase in Licensed Premises to its back parking lot, for a concert, held on April 27, 2018, approved by Director Gerald Takase on April 18, 2018, to its Dispenser General liquor license, Category B2, located at 340 Kuawa Street, Hilo, Hawaii. Nahale-a: Move to ratify. Greenwell: Second. Ms. Nahale-a moved to ratify the Application for Temporary Increase in License Premises, for JKL & Associates, LLC, dba E Komo Mai Lounge, to its back parking lot, for a concert, held on April 27, 2018, approved by Director Gerald Takase on April 18, 2018, to its Dispenser General liquor license, Category B2, located at 340 Kuawa Street, Hilo, Hawaii; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 5, Last Call Saloon, LLC, dba Last CaII Saloon, approval of Statement of Dissociation of Michael O'Sullivan as Member, Admission of Michelle Morales as Member, and Personal History and Affidavit of Michelle Teri -Leigh Morales. 5. Last Call Saloon, LLC, dba Last Call Saloon, approval of Statement of Dissociation of Michael O'Sullivan as Member, Admission of Michelle Morales as Member, and Personal History and Affidavit of Michelle Teri -Leigh Morales received on April 12, 2018, to its Restaurant General liquor license, Category B2, located at 45-3490 Mamane Street, Unit G, Honoka`a, Hawaii. Nahale-a: Move to approve. Greenwell: Second. May 3, 2018 — LIQUOR COMMISSION MINUTES 39 Ms. Nahale-a moved to approve the Statement of Dissociation of Michael O'Sullivan as Member, Admission of Michelle Morales as Member, and Personal History and Affidavit of Michelle Teri -Leigh Morales, submitted by Last Call Saloon, LLC, dba Last Call Saloon, received on April 12, 2018, to its Restaurant General liquor license, Category B2, located at 45-3490 Mamane Street, Unit G, Honoka`a, Hawaii; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 6, Hawaiian Ola Brewing Corporation, dba Ola Brew Co., ratification of Application for Temporary Increase in Licensed Premises to its parking lot fronting the bays on the side of the building, for a special event held on April 19, 2018. 6. Hawaiian Ola Brewing Corporation, dba Ola Brew Co., ratification of Application for Temporary Increase in Licensed Premises to its parking lot fronting the bays on the side of the building, for a special event held on April 19, 2018, approved by Director Gerald Takase on April 19, 2018, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii. Nahale-a: Move to ratify. Greenwell: Second. Ms. Nahale-a moved to ratify Application for Temporary Increase in Licensed Premises, for Hawaiian Ola Brewing Corporation, dba Ola Brew Co., to its parking lot fronting the bays on the side of the building, for a special event held on April 19, 2018, approved by Director Gerald Takase on April 19, 2018, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. May 3, 2018 — LIQUOR COMMISSION MINUTES 40 Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 7, Walmart Inc., dba Walmart No. 2321 (Kailua-Kona), dba Walmart No. 2473 (Hilo), approval of change in officers and directors as primary decision makers, and Personal History and Affidavit for Matthew William Allen. 7. Walmart Inc., dba Walmart No. 2321 (Kailua-Kona), dba Walmart No. 2473 (Hilo), approval of change in officers and directors as primary decision makers, and Personal History and Affidavit for Matthew William Allen, as Vice President and Assistant Treasurer, by letter dated April 2, 2018, and received April 20, 2018, to its Retail liquor licenses, located at 75-1015 Henry Street, Kailua-Kona, Hawaii, and 325 East Maka`ala Street, Hilo, Hawaii, respectively. Nahale-a: Move to approve. Greenwell: Second. Ms. Nahale-a moved to approve the change in officers and directors as primary decision makers, and Personal History and Affidavit for Matthew William Allen, as Vice President and Assistant Treasurer, by letter dated April 2, 2018, and received April 20, 2018, to its Retail liquor licenses, located at 75-1015 Henry Street, Kailua-Kona, Hawaii, and 325 East Maka'ala Street, Hilo, Hawaii, respectively; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." May 3, 2018 — LIQUOR COMMISSION MINUTES 41 Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 8, Longs Drug Stores California, L.L.C., dba Long Drugs #6870 (Kea'au), approval of list of officers designated as primary decision makers. 8. Longs Drug Stores California, L.L.C., dba Long Drugs #6870 (Kea'au), approval of list of officers designated as primary decision makers, by e-mail received April 17, 2018. Nahale-a: Move to approve. Greenwell: Second. Ms. Nahale-a moved to approve the list of officers designated as primary decision makers, submitted by Longs Drug Stores California, L.L.C., dba Long Drugs #6870 (Kea'au), by e-mail received April 17, 2018; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 9, Special License issued for ratification. Greenwell: I make the motion to ratify Special Licenses. Taniguchi: Mr. Greenwell moved to ratify Special Licenses, Application No. SP -17-100 to SP -17-110, Item No. 9(a) to 9(k), made by Mr. Greenwell. Any second? Raymond: I'll second. May 3, 2018 — LIQUOR COMMISSION MINUTES 42 Mr. Greenwell moved to ratify the following Special Licenses: 9. Special Licenses issued for ratification a. Application No. SP -17-100, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license, to be held at the Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii, on June 2-3 and 23-24, 2018. b. Application No. SP -17-101, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on March 29, 2018. c. Application No. SP -17-102, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, to be held inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on May 4-6, 2018. d. Application No. SP -17-103, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, to be held inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on May 11-13, 2018. e. Application No. SP -17-104, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, to be held inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on May 18-20, 2018. f. Application No. SP -17-105, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license, held inside the Donkey Mill Art Center, located at 78-6670 Mamalahoa Highway, Holualoa, Hawaii, on April 14, 2018. g. Application No. SP -17-106, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license, held in the Kona Brewery's parking lot, located at 74-5617 Pawai Place, Kailua-Kona, Hawaii, on April 21, 2018. May 3, 2018 - LIQUOR COMMISSION MINUTES 43 h. Application No. SP -17-107, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, to be held in the lobby of the Palace Theater, located at 38 Haili Street, Hilo, Hawaii, on April 19, May 17 and 21, 2018. 1• Application No. SP -17-108, Kona Cacao Association Inc., dba Kona Cacao Association Inc., for a Special General liquor license, held at the Hapuna Prince Beach Hotel Ballroom and Courtyard, located at 62-100 Kauna'oa Drive, Kohala Coast, Hawaii, on April 28, 2018. Application No. SP -17-109, Hawaii Island United Way, dba Hawaii Island United Way, for a Special General liquor license, to be held at the Kings' Shops, located at 250 Waikoloa Beach Drive, Waikoloa, Hawaii, on May 12, 2018. k. Application No. SP -17-110, Cooper Center Council, dba Cooper Center Council, for a Special General liquor license, to be held at 19-4030 Wright Road, Volcano, Hawaii, on May 5, 2018. The motion was seconded by Ms. Raymond. Taniguchi: Ms. Raymond seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 10, Transient Vessel Licenses issued for ratification. 10. Transient Vessel Licenses issued for ratification Greenwell: I make the motion to ratify Transient Vessel applications 17-44 through 17-47, 10(a) to 10(d). Raymond: I'll second. May 3, 2018 — LIQUOR COMMISSION MINUTES 44 Mr. Greenwell moved to ratify the following Transient Vessel Licenses: a. Application No. TV -17-44, Intercruises as agents for Royal Caribbean Cruise Lines, dba Radiance of the Seas, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on May 7, 2018. b. Application No. TV -17-45, Intercruises as agents for Royal Caribbean Cruise Lines, dba Celebrity Solstice, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawai'i, on April 27 and May 4, 2018. c. Application No. TV -17-46, Intercruises as agents for Royal Caribbean Cruise Lines, dba Radiance of the Seas, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii, on May 5, 2018. d. Application No. TV -17-47, Intercruises as agents for Royal Caribbean Cruise Lines, dba Celebrity Solstice, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii, on May 3, 2018. The motion was seconded by Ms. Raymond. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "Aye." Taniguchi: Those opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. IX. Announcements Meetings of the Liquor Commission Taniguchi: June 7, 2018, 10:00 A.M., in Kona and July 5, 2018, 10:00 A.M., in Hilo. Also, when is our conference? May 3, 2018 — LIQUOR COMMISSION MINUTES 45 Gonzalez: The National Conference of State Liquor Administrators is going to be June 17, 2018, through June 21, 2018. One additional announcement; we'll provide more details at the next meeting, but there was State of Hawaii legislation amending our liquor laws at the State level to remove IRS approval before an applicant could get a liquor license. What we've been finding is that the IRS tax clearance would typically take time and delay applicant from obtaining their license, so it's been a State wide issue. The legislation has been forwarded to the Governor for signature, to remove the Federal tax clearance. There will still be State tax clearance required, and that effective date would be July, if I recall correctly, 2018, if signed by the Governor. Taniguchi: Very good. Any other announcements? There were no other announcements. X. Adjournment Taniguchi: Since none, may I have a motion to adjourn? Lopez: So move. Taniguchi: Moved. Second? Raymond: I'II second. Taniguchi: Moved and seconded. All those in favor say, "Aye." The Commissioners voted "Aye." Taniguchi: Meeting adjourned. The meeting was adjourned at 11:22 A.M. Director The May 3, 2018, Liquor Commission minutes were approved as circulated via email/mail on May 24, 2018, by the Liquor Commission of the County of Hawaii on June 7, 2018. May 3, 2018 — LIQUOR COMMISSION MINUTES 46