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HomeMy WebLinkAbout2018-09-06 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION September 6, 2018 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII CaII 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 (arrived at 10:27 A.M.) Warren Arakaki, Commissioner David Greenwell, Commissioner Michael Hughes, Commissioner Dawn Raymond, Commissioner Allen Salave`a, Commissioner Absent and Excused: Stephen Lopez, Commissioner Claude Onizuka, Commissioner Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Gail Fujimoto, Licensing Officer Stacie Waltjen, Licensing Tech. Dorsi Lim, Secretary to the Board and Commission Taniguchi: I call this meeting of the County of Hawaii Liquor Commission to order. First order of business, if you have your cell phones, we ask that you please put them on silent or vibrate. We'll start off with introductions. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer Fujimoto: Gail Fujimoto, Licensing Officer. Takase: Gerald Takase, Director. Hughes: Mike Hughes, Commissioner. Arakaki: Warren Arakaki, Commissioner. Taniguchi: Art Taniguchi, Commissioner. Masuda: Craig Masuda, Commission Counsel. Raymond: Dawn Raymond, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Salave`a: Aloha, Allen Salave'a, Commissioner. Lim: Dorsi Lim, Secretary to the Board and Commission. Taniguchi: Thank you. We have one commissioner that's stuck in traffic, so she'll be arriving a few minutes late. But, we'll go ahead and get started. First order of business, Approval of Minutes. II. Approval of Minutes Taniguchi: The August 2, 2018, minutes were circulated via email. Can 1 have a motion to accept? Greenwell: I make the motion to accept the record of August 2, 2018. Salave`a: Second. Mr. Greenwell moved to accept the August 2, 2018, Liquor Commission Minutes as circulated; seconded by Mr. Salave`a. Taniguchi: Moved and seconded. Any discussion? Raymond: I have a question. For clarification, looking over the minutes, after certain individuals had spoken, it's a statement that's typed out. After the statement, there are dots. What do the dots mean? Lim: Sometimes, you're interrupted or not finished saying something. Raymond: Okay, okay. Thank you. 2 Taniguchi: Anyone else have questions? There were no further questions from the Commissioners. Taniguchi: Since none, call for the question. 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: Item No. III, there's no supplemental agenda, so we'll move on to No. IV, Public Statements. IV. Public Statements on Agenda Items Taniguchi: Do we have any public statements on any agenda items? There were no public statements. Taniguchi: We'II go on to Public Hearings. V. Public Hearings Taniguchi: Item No. 1, Application No. 17-33, Sakura Japanese Restaurant III, for an original Dispenser Beer and Wine liquor license, Category A. 1. Application No. 17-33 (10:03 A.M.) Sakura Japanese Restaurant III Inc., dba Sakura Japanese Restaurant III, for an original Dispenser Beer and Wine liquor license, Category A, located at the Waiakea Square Warehouse, 200 Kanoelehua Avenue, Suite 100A, Hilo, Hawaii, TMK: 2-2-032:095. Keith Kiuchi, attorney for the applicant, and Shi Feng Zhang, Principal Officer and Director, were present. Taniguchi: Good morning. Can you identify yourselves and your relationship to the business, please? 3 Kiuchi: Yes. Good morning, members of the Liquor Control board. My name is Keith Kiuchi. I'm the attorney for the applicant and to my right is Shi Feng Zhang. He's the Principal Officer and Director of the application. This is Mr. Zhang's third restaurant. He has one in Kailua-Kona, one in Mililani, and they're all Japanese restaurants. This Hilo restaurant started off as a Chinese restaurant, converted it to a Japanese restaurant earlier this year, and he's seeking to add the liquor license. Taniguchi: Have you read the report? Kiuchi: Yes. Taniguchi: Are there any changes? Kiuchi: No changes to the report. Taniguchi: So, he described the business already. Any reports of protests? Takase: Mr. Chairman, the applicant mailed two out of two notices within 100 feet, and 143 out of 143 within 500 feet. There were 81 properties entitled to protest. There were no protests to this application. Taniguchi: Any public testimony on this application? There was no public testimony. Taniguchi: Since none, Commissioners, any questions? There were no questions from the Commissioners. Taniguchi: Since none, can I have a motion to close public hearing? Sala/0`a: So move. Greenwell: Second. Mr. Salave`a moved to close the public hearing; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any discussion? There was no discussion. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "aye." Taniguchi: Opposed, "Nay." 4 There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously Taniguchi: Can I have a motion to approve or deny Application No. 17-33, pending final inspection? Salave'a: Motion to approve. Greenwell: Second. Mr. Salave`a moved to approve Application No. 17-33, Sakura Japanese Restaurant 111 Inc., dba Sakura Japanese Restaurant III, for an original Dispenser Beer and Wine liquor license, Category A, located at the Waiakea Square Warehouse, 200 Kanoelehua Avenue, Suite 100A, Hilo, Hawaii, TMK: 2-2-032:095, pending final inspection; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Any other discussion? There was no other discussion. 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 Kiuchi: Thank you. Taniguchi: Thank you very much. Item No. 2, Application No. 17-35, Volcano Grill & Bar LLC, dba Volcano Grill, for an original Dispenser General liquor license, Category B1. 2. Application No. 17-35 (10:05 A.M.) Volcano Grill & Bar LLC, dba Volcano Grill, for an original Dispenser General liquor license, Category B1, located at the AIi'i Sunset Plaza, 75-5799 Ali`i Drive, Bldg. A, Units 1 & 2, Kailua-Kona, Hawaii, TMKs: 7-5-009:030 and 7-5-009:031. Jennifer Nguyen, Owner and Manager, was present. 5 Taniguchi: Good morning. Can you identify yourself and your relationship to the business? Nguyen: I am Jennifer Nguyen. I am part Owner and Manager of Volcano Grill. Our business just started about a month ago for breakfast and we started lunch and dinner about a week ago. Taniguchi: Have you seen your report? Any changes to your report? Nguyen: No changes to the report. Taniguchi: Can you briefly describe the business? I know you said you serve breakfast. Nguyen: Yes, so we serve traditional American breakfast and for lunch and dinner we have burgers and Vietnamese cuisine and we're shortly adding some seafood. Taniguchi: Director, any record of protests? Takase: Mr. Chairman, the applicant mailed 81 out of 82 notices within 100 feet, 450 out of 454 within 500 feet, and three notices to condominium or cooperative property managers. There were 306 total properties entitled to protest and we received 30 protests to this application from the Kona Ali`i condominium. Taniguchi: Thank you. Is there any public testimony on this application? I think the protests are in the (packets). Takase: Yes, they're all in your (packets). For a little background, I did go to Kona yesterday with Stacie (Waltjen). We met with the applicants and a representative from the Kona Alii. Out of their protests, one of them attended. We talked about what their operation was going to be; they're primarily a restaurant, they may have some outside entertainment but ending about 9:00 or 10:00 every evening. If they have longer events, they'll probably do it indoors, and the condominium owner that did come, was satisfied with that result. He said he wasn't going to come and he didn't think anybody else was going to appear. Taniguchi: Okay. Commissioners, any questions? Greenwell: Director? Takase: Yes? Greenwell: Was that person you spoke to a representative of all of these protestors or was he just there on his own? Takase: There were all these protestors; we were in contact with the Board President, and they designated him to come. We treated him as the representative of the condo association. I won't say that he withdrew their protests, but he understood and was satisfied with their proposals. This is the third "go through" that we've had, so I think when they see the application, they see live entertainment, it kind of raises their awareness. 6 However, in each of the cases, we've gone through and assured them that it's not going to be a late night venue like the other end of Coconut Grove. They've typically been satisfied and for the other two, Fumi's and Poke N Crab, we have not had any complaints. I asked him about that as well and he said they were satisfied with those two venues. I don't think this one will be much different. They were okay with what was being proposed. Taniguchi: Anybody else? Salave`a: Mr. Chair, can I get a little more clarification on the Applicant's plans for the music? Nguyen: We haven't really spoken to any performers yet, but right now, we're leaning more toward local Hawaiian solo performers. And perhaps, maybe, a pair that would just do more local themed music. Salave`a: And primarily indoors as you stated, and you don't have any plans to expand outdoors? Nguyen: We do have space outside, but we wouldn't be playing anytime past 9:00 or 10:00 (P.M.). Salave`a: So, everything you have is indoors? Nguyen: Well... Salave`a: Or, if you do have outdoors, it won't go past 9:00 or 10:00? Nguyen: It won't go past 9:00 or 10:00 at night. If I have music playing past that time, it would be indoors. Takase: For the Commission's benefit, the location that she's at was the former Lava Java location. They were not a licensee, they were a coffee shop that morphed into a restaurant as well. They used to have entertainment outside on their patio area with their backs to Alii Drive, I think daily. I talked to our investigators about it and we received complaints about them in the past. We deferred all of them because they were not a licensee, but our investigators it was dependent upon the type of music. When they had Hawaiian music, it wasn't a problem. It's when they had the Reggae bands playing; that seemed to generate the problems. We made the Applicants aware of the previous situation and they understand. They are going to meet with the condo association today or tomorrow, as well, to trade information. I don't anticipate any problems at this point in time. Taniguchi: Anybody else? There were no other questions from the Commissioners. 7 Taniguchi: So what kind of entertainment are you planning? Amplified music? Or just acoustic guitar? Nguyen: Just acoustic. Less electricity to deal with. Taniguchi: I think the main thing is, be a good neighbor. Get along with your neighbors. Nguyen: Yes, of course. Taniguchi: If there are no other questions, can we have a motion to close public hearing? There were no other questions from the Commissioners. Arakaki: Move to close public hearing. Taniguchi: Moved. Do we have a second? Salave`a: Second. Mr. Arakaki moved to close the public hearing; seconded by Mr. Salave`a. Taniguchi: Okay, moved and seconded. Any other discussion? There was no other discussion. Taniguchi: Since none, all those in favor of closing public hearing 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: Can I have a motion to approve or deny Application No. 17-35, pending final inspection? Greenwell: I make the motion to approve Application No. 17-35. Raymond: I'II second. 8 Mr. Greenwell moved to approve Application No. 17-35, Volcano Grill & Bar LLC, dba Volcano Grill, for an original Dispenser General liquor license, Category B1, located at the Alii Sunset Plaza, 75-5799 AIi`i Drive, Bldg. A, Units 1 & 2, Kailua-Kona, Hawaii, TM Ks: 7-5-009:030 and 7-5-009:031, pending final inspection; seconded by Ms. Raymond. Taniguchi: Moved and seconded. Any other discussion? There was no other discussion. 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. Nguyen: Thank you. Taniguchi: Application No. 17-36, Lucy's Taqueria Inc., dba Lucy's Taqueria, submits Change in Category to Category B2, to its Dispenser General liquor license, Category B1. 3. Application No. 17-36 (10:14 A.M.) Lucy's Taqueria Inc., dba Lucy's Taqueria, submits Change in Category to Category B2, to its Dispenser General liquor license, Category B1, located at 194 Kilauea Avenue, Unit 105, Hilo, Hawaii, TMK: 2-3-010:008. Gabriel Ramirez, Owner, was present. Taniguchi: Good morning. Ramirez: Mahalo. Taniguchi: Can you identify yourselves and your relationship... Ramirez: I am Gabriel Pena Ramirez. I am from Lucy's Taqueria. Taniguchi: ...and your relationship to the business? Are you the owner? Ramirez: Yes, yes. 9 Taniguchi: Thank you very much. Have you seen the report? Any changes? You're just going to apply for a change in classification? Ramirez: Yes. We just plan to have dance maybe once a year, maybe two times. Taniguchi: Can you describe your business? Ramirez: It's a restaurant, kind of a fast food kind of business, I mean a Taqueria. Taniguchi: So this is a change? We didn't have any notices sent out? Takase: No, we did. Mr. Chairman, the applicant mailed seven out of seven notices within 100 feet and 63 out of 63 within 500 feet. There were 59 properties entitled to protest. There were no protests to this application. Taniguchi: Is there any public testimony on this application? There was no public testimony. Taniguchi: Since none, Commissioners? Any questions? There were no questions from the Commissioners. Taniguchi: Since none, can I have a motion to close public hearing? Salave`a: So move. Greenwell: Second. Taniguchi: Moved and seconded. Mr. Salave`a moved to close the public hearing; seconded by Mr. Greenwell. Taniguchi: Any 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: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. 10 The motion was carried unanimously. Taniguchi: Can I have a motion to approve or deny Application No. 17-36, pending final inspection? Salave`a: Move to approve Application No. 17-36. Greenwell: Second. Mr. Salave`a moved to approve Application No. 17-36, Lucy's Taqueria Inc., dba Lucy's Taqueria, submits Change in Category to Category B2, to its Dispenser General liquor license, Category B1, located at 194 Kilauea Avenue, Unit 105, Hilo, Hawaii, TMK: 2-3-010:008, pending final inspection; seconded by Mr. Greenwell. Taniguchi: Pending final inspection, right? Greenwell: Pending final inspection. Salave`a: Yes, thank you. 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: Motion carried. Thank you very much. The motion was carried unanimously. Ramirez: Thank you. Greenwell: Thank you. Salave`a: Thanks. Taniguchi: We're going to take one item out of order, No. 5, because we had a request, the person has to get back to the other side of the island. We'II take Item No. 5 at this time. Application No. T18-01, Pat'z Pies L.L.C., dba Pat'z Pies L.L.C., fora sale and transfer of the Restaurant General liquor license, Category B1, currently held by Rick Appel, dba Patz Pies. 11 5. Application No. T18-01 (10:16 A.M.) Pat'z Pies L.L.C., dba Pat'z Pies L.L.C., for a sale and transfer of the General liquor license, Category B1, currently held by Rick Appel, dba Patz Pies, located at 82-6127 Mamalahoa Highway, Suite 2, Captain Cook, Hawaii, TMK: 8-2-015:029. Nicole War, General Manager; and Polly (last name not stated), Assistant Manager, were present. Taniguchi: Have you seen your report? Are there any changes to your application? War: No. Taniguchi: Can you briefly describe your business? War: It's a pizza place and we have outdoor and indoor seating and sell beer and wine. It's a family restaurant. Taniguchi: Any record of protests? Takase: Mr. Chairman, this is a sale and transfer. There was no mailing, but publication was made and there were no protests to this application. Taniguchi: Is there any public testimony on this application? There was no public testimony. Taniguchi: Since none, Commissioners, any questions? There were no questions from the Commissioners. Taniguchi: Can we have a motion to close public hearing? Salave`a: So move. Raymond: Second. Mr. Salave`a moved to close public hearing; seconded by Ms. Raymond. Taniguchi: Moved and seconded, 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." 12 Taniguchi: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Can I have a motion to approve or deny Application No. T18-01? Raymond: Motion to approve Application No. T18-01, pending final inspection. Greenwell: Second. Ms. Raymond moved to approve Application No. T18-01, Pat'z Pies L.L.C., dba Pat'z Pies L.L.C., for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Rick Appel, dba Patz Pies, located at 82-6127 Mamalahoa Highway, Suite 2, Captain Cook, Hawaii, TMK: 8-2-015:029, pending final inspection; seconded by Mr. Greenwell. Taniguchi: Seconded, 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: Motion carried. Thank you. The motion was carried unanimously. War: Thank you so much. Taniguchi: We have to move backwards to Item No. 4, Application No. 17-37, Maruhiro Enterprise Co.,Ltd., dba Sushi Shiono, Restaurant General liquor license, Category A, for a Change of Location to 74-5599 Pawai Place, Bays B4 & B5, Kailua-Kona, Hawaii, TMK: 7-4-010:018. 13 4. Application No. 17-37 (10:20 A.M.) Maruhiro Enterprise Co., Ltd., dba Sushi Shiono, Restaurant General liquor license, Category A, for a Change of Location to 74-5599 Pawai Place, Bays B4 & B5, Kailua-Kona, Hawai'i, TMK: 7-4-010:018. Taniguchi: There's nobody here. Takase: Why don't we pass? Taniguchi: There's nobody here, so we'll move on to Item No. 6, Application No. T18-03, SNS LLC, dba Aloha Vista Bar & Grill, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Amici Italian Bar & Grill, L.L.C., dba Amici Vista Bar & Grill. 6. Application No. T18-03 (10:20 A.M.) SNS LLC, dba Aloha Vista Bar & Grill, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Amici Italian Bar & Grill, L.L.C., dba Amici Vista Bar & Grill, located at 78-7000 Alii Drive, Kailua-Kona, Hawaii, TMK Nos.: 7-8-010:036, 003, 034, 042, 051, 077, and 082. Takase: Mr. Chairman, this application is to be continued to October 4, 2018, but we will ask you to ratify the temporary license. Taniguchi: We should take the ratification up now? We need a motion to ratify issuance of a temporary liquor license, T -REST -G-026, that was effective July 1, 2018. And a motion to continue to October 4, 2018. Can I have that motion? Greenwell: I'II make the motion to ratify the temporary license T -REST -G-026. And that is going to be until the fourth of October? The next meeting? Takase: No. Taniguchi: No, we'll ratify the temporary and then we're going to defer the sale and transfer to the next meeting. Greenwell: Okay. Arakaki: Second. Mr. Greenwell moved to ratify the issuance of the temporary Restaurant General liquor license, T -REST -G-026, effective July 1, 2018, and to continue the public hearing on Application No. T18-03, SNS LLC, dba Aloha Vista Bar & Grill, for a sale and transfer of the Restaurant General liquor license, Category B1, 14 currently held by Amici Italian Bar & Grill, L.L.C., dba Amici Vista Bar & Grill, located at 78-7000 AIi`i Drive, Kailua-Kona, Hawai`i, TMK Nos.: 7-8-010:036, 003, 034, 042, 051, 077, and 082, to October 4, 2018; seconded by Mr. Arakaki. Taniguchi: Moved and seconded by Mr. Arakaki. Any other discussion on this? There was no other discussion. Taniguchi: Since none, all those in favor of closing public hearing 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. Takase: I believe we're on No. 2. Taniguchi: We'll go on to No. 2? Gonzalez: No. 1 is here. Taniguchi: Moving on to Preliminary Hearings. Gonzalez: You're here for Rocco's, right? Takase: I'm sorry. Gonzalez: You can take the prelims in order. Taniguchi: Sorry, we're jumping all around this morning. Takase: Sorry. VI. Preliminary Hearings Taniguchi: Item No. 1, Application No. 18-07, Rocco's Pizza Pub LLC, dba Rocco's Pizza Pub, submits Change in Category to Category B2, and Change of Location to 84-4830 Hawaii Belt Road, Captain Cook, Hawai'i. 15 1. Application No. 18-07 (10:22 A.M.) Rocco's Pizza Pub LLC, dba Rocco's Pizza Pub, submits Change in Category to Category B2, and Change of Location to 84-4830 Hawai'i Belt Road, Captain Cook, Hawaii, TMK: 8-4-015:010, to its Dispenser General liquor license, Category B1. Yvonne Rocco, Owner and Operator, was present. Taniguchi: Can you identify yourself and your relationship to the business, please? Rocco: Yes, my name is Yvonne Rocco and I'm Owner and Operator of Rocco's Pizza Pub. Taniguchi: Have you seen your report? Are there any changes to your report? Rocco: Yes. No changes. Taniguchi: Okay. Can you briefly describe your business? Rocco: Yes. We are a family owned pizzeria so we primarily do pizza and salads. We were operating in our previous location for two and a half years with our liquor license, and now we are requesting the transfer to our new location. Taniguchi: Is there any public testimony on this application? There was no public testimony. Taniguchi: Since none, Commissioners, any questions? Salave`a: I have one question. Can you clarify where the dance floor would be? Rocco: We're primarily requesting that for private parties that we've had in the past. We've had some wedding rehearsals and things of that nature, so we would like to use the covered outdoor space. In a few instances in the past, we've had live Hawaiian music and we get couples once in a while celebrating an anniversary or something of that sort. They will get up and kind of dance. So we just want to make sure we stay within the rules and have dancing allowed for those instances, and then for private parties. Salave`e: So that it's permissible? Rocco: Yes. Salave`a: Director, kosher and consistent with the Rules and Regulations? Takase: Yes. They can apply for this as part of their Category. I'm not sure I know where your (new location is). Is it that road coming up from... 16 Rocco: Right in Honaunau, right at Two Step. Coming out of Two Step and the park, so it was the old Kona Coffee House and it was the Two Step Cafe for a little bit. Takase: Okay. So we'll see, now that it goes to public hearing, they have to notice. But if it's not a continual event, I don't anticipate problems. Rocco: Thank you. Takase: And you didn't have dancing there? Rocco: No, it was not on our (inaudible). Salave`a: Good for me. Thank you, sir. Taniguchi: Any other questions? This is a free standing building, right? Rocco: Correct. Yes, it is. Taniguchi: Air conditioned? Rocco: No. I wish. With our pizza oven, it gets pretty hot. There were no other questions from the Commissioners. Taniguchi: Since none, can we have a motion to approve or deny? Salave`a: So move. Raymond: Second. Mr. Salave`a moved to approve Application No. 18-07, Rocco's Pub LLC, dba Rocco's Pizza Pub, submits Change in Category to Category B2, and Change of Location to 84-4830 Hawaii Belt Road, Captain Cook, Hawaii, TMK: 8-4-015:010, to its Dispenser General liquor license, Category B1, if approved, public hearing to be held on November 1, 2018, in Hilo; seconded by Ms. Raymond. Taniguchi: Any other discussion? There was no other discussion from the Commissioners. Taniguchi: Call for the question. All those in favor signify by saying, "Aye." The Commissioners voted "aye." Taniguchi: Opposed, "Nay." 17 There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Rocco: Thank you, thank you. Taniguchi: Item No. 2, Application No. 18-08, Foodman Hawaii Corp., dba Tetsumen, for an original Dispenser General liquor license, Category A. 2. Application No. 18-08 (10:25 A.M.) Foodman Hawaii Corp., dba Tetsumen, for an original Dispenser General liquor license, Category A, located at the Manono Street Marketplace, 697 Manono Street, Suite 103, Hilo, Hawaii, TMK: 2-2-034:085. Stephanie Ota, Assistant Manager, was present. Taniguchi: Good morning. Ota: Good morning. Taniguchi: Can you identify yourselves and your relationship to the business, please? Ota: I'm Stephanie Ota. I'm the Assistant Manager at Tetsumen. Taniguchi: Have you seen the report? Any changes? Ota: The only thing is they're waiting for an updated lease, I guess. It was already in the report, but with our lease, we had the option to renew so that's why it's dated three years ago. There was some confusion with that. Taniguchi: So is that okay, Director? Takase: Yes. Taniguchi: Okay. Can you briefly describe your business? Ota: We are an authentic ramen shop and we also have plates as well, like curry plates, but our focus is on ramen. Taniguchi: Is there any public testimony on this application? There was no public testimony. Taniguchi: Commissioners, any questions? 18 Arakaki: I have a question. Do you have "take-out" food also, even if this is a ramen restaurant? Ota: Yes. Because of the way we make things, we just don't allow phone order take-outs. Everything's ordered in-store. Arakaki: So you need to go there to order then take out? Ota: Yes. Taniguchi: So what do you have? Ramen and curry items? Is that it? Ota: Yes, and we just added okonomiyaki and croquettes to our menu. Taniguchi: Are you open everyday? Ota: Everyday, seven days a week. But we close at 9:00 P.M. Taniguchi: I've never been in there, so I have all these questions. I've been meaning to go. How many people can fit in there? Ota: We have three booths that can seat up to eight per booth, sometimes ten. We have four tables that we can either put together or break up—those are the two-seaters. We have a counter that can seat up to thirty. Taniguchi: It's pretty big. Ota: Yes. It's small, but big. Takase: Just like Japan. Arakaki: Do you take reservations? Ota: No, we don't take reservations. Because we make everything so fast, it doesn't take long to make your food, so our turnover is pretty fast. Taniguchi: For the record, we are joined by Shelby Nahale-a. Ms. Nahale-a entered the meeting at 10:27 A.M. Nahale-a: Aloha, Shelby Nahale-a, Commissioner. My apologies to everyone for being late. Taniguchi: If no other questions, can I have a motion to approve or deny Application No. 18-08? There were no other questions from the Commissioners. Salave`a: Move to approve Application No. 18-08, for public hearing on November 1, 2018, in Hilo. 19 Raymond: Second. Mr. Salave`a moved to approve Application No. 18-08, Foodman Hawaii Corp., dba Tetsumen, for an original Dispenser General liquor license, Category A, located at the Manono Street Marketplace, 697 Manono Street, Suite 103, Hilo, Hawaii, TMK: 2-2-034:085, if approved, public hearing to be held on November 1, 2018, in Hilo; seconded by Ms. Raymond. Taniguchi: Moved and seconded. Any other discussion? There was no other discussion form 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. Taniguchi: Item No. 3, Application No. T18-09, Manna Express, Inc., dba Kona Reef Liquor & Deli, for a sale and transfer of the Retail General liquor license currently held by 74 House Inc., dba Kona Reef Liquor & Deli, located at Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii, TMK: 7-5-020:007-108. Correct me if I'm wrong. 3. Application No. T18-09 (10:29 A.M.) Manna Express, Inc., dba Kona Reef Liquor & Deli, for a sale and transfer of the Retail General liquor license currently held by 74 House Inc., dba Kona Reef Liquor & Deli, located at Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii, TMK: 7-5-020:007-108. Sukwon Lee, Owner, was present. Lee: Yeah, it's right. Taniguchi: Can you identify yourself and your relationship to... Lee: My name is Sukwon Lee. I'm the Owner of the Kona Reef Liquor & Deli. Taniguchi: Any changes to your report? Lee: No, just that I moved some shelves. I rearranged some shelving inside the building. 20 Taniguchi: Briefly, can you describe your business? Lee: It's just a regular liquor and grocery deli store. We sell beer, liquor, chips, some sandwich things. Taniguchi: There's nobody here from the public to testify. Commissioners, any questions? There were no questions from the Commissioners. Taniguchi: Since none, can we have a motion to approve? Nahale-a: Move to approve Application No. T18-09, if approved, public hearing to be held October 4, 2018, in Kona. Arakaki: Second. Ms. Nahale-a moved to approve Application No. T18-09, Manna Express, Inc., dba Kona Reef Liquor & Deli, for a sale and transfer of the Retail General liquor license currently held by 74 House Inc., dba Kona Reef Liquor & Deli, located at Casa De Emdeko, 75-6082 Alii Drive, Suite #101, Kailua-Kona, Hawaii, TMK: 7-5-020:007-108, if approved, public hearing to be held October 4, 2018, in Kona; seconded by Mr. Arakaki. Taniguchi: Moved and seconded, 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: Motion carried. Thank you very much. The motion was carried unanimously. Taniguchi: Now, can I have a motion to ratify issuance of temporary liquor license? Nahale-a: Move to ratify issuance of a temporary license T -RG -421, effective August 22, 2018. Arakaki: Second. 21 Ms. Nahale-a moved to ratify the issuance of the temporary Retail General liquor license, T -RG -421, effective August 22, 2018; 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: 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's no unfinished business, so Gerald, Item No. 4 didn't come. (Chairman referring to V. Public Hearings, Item No. 4, on the Agenda). Takase: Mr. Chairman, the representative for Sushi Shiono is not going to make it, so... Greenwell: Application 17-37. Takase: I would recommend it, unless there's any questions... Taniguchi: Can't we take this up already? This is a Licensee already, right? And they're moving from... Takase: Yes, and they're just going to move location. Taniguchi: ...one place to the new place, right? Takase: So, I would recommend going through it today and pushing it to public hearing. Taniguchi: Yes, so, why don't we do that? Application No. 17-37, that's on page 4 everybody. Maruhiro Enterprise Co.,Ltd., dba Sushi Shiono, Restaurant General liquor license, Category A, for a Change of Location to 74-5599 Pawai Place, Bays B4 & B5, Kailua-Kona, Hawaii, TMK: 7-4-010:018. 22 4. Application No. 17-37 (10:31 A.M.) Maruhiro Enterprise Co., Ltd., dba Sushi Shiono, Restaurant General liquor license, Category A, for a Change of Location to 74-5599 Pawai Place, Bays B4 & B5, Kailua-Kona, Hawai'i, TMK: 7-4-010:018. Taniguchi: There's no applicant here. I guess there's no changes to the report. Takase: No. I'm sorry, this is the public hearing. Taniguchi: Yes. There's nobody here to answer questions, but I think the Director can answer any questions we may have. Takase: They appeared at the preliminary (hearing). Taniguchi: Are there any records of protests? Takase: Mr. Chairman, the applicant mailed 10 out of 10 notices within 100 feet and 227 out of 227 notices out of 500 feet. There were 204 properties entitled to protest. There were no protests to this application. Taniguchi: Commissioners, questions? Mr. Greenwell? Greenwell: Explain what we're going to do here. Taniguchi: Right now, they're at that location that... Greenwell: I understand that, but... Taniguchi: They want to move to a new building. It's a new development by Kona Brew Company. Actually, it's real nice. I spun by it the other week. There are several restaurants that are moving. One of them was another Licensee. Greenwell: Art, procedurally, what are we going to do here? Arakaki: Approve. Taniguchi: Approve. Greenwell: Approve without them showing? Or are they going to come back later on? Takase: It's up to you. You can hold it over if you want to. Taniguchi: If there are questions we need answered, we cannot clarify. Takase: But they did come to the preliminary hearing, so... Greenwell: I understand that, but my thought is I don't want to see this going to where we're approving and they don't show up. I don't want to see this set a precedence. 23 Taniguchi: Okay. Good point. Greenwell: That's all I have (to say). Taniguchi: Any other discussion? Just for point of information for everybody, Gerald, basically in the past, have we approved some like this? Takase: We have approved other ones without being present. We ask them to present, but there are times when they do this and... Taniguchi: So, did they call to say they can't come? Takase: Well, we actually had to call them. They forgot about it. Salave`a: I wouldn't feel comfortable if they're not even interested in meeting the requirements and regulations of the County to ensure that their operation is in compliance. That's a little, not disrespectful, but, you know? Nahale-a: Okay. Raymond: We'll just make a motion to postpone until they can come. Salave`a: Yes. Taniguchi: I think we have to make a motion to approve and then take it up separately from the deferral. Masuda: No, because then you'll have the rejection on record. It'd probably be better to withdraw your motions. Taniguchi: Okay. And then just... Masuda: If that's what you want to do. Salave`a: And on the agenda it's... Gonzalez: I don't think there's any motions made yet. Actually, the public hearing is still open. Nahale-a: Yes. Masuda: I thought we made a motion? Nahale-a: No, not yet. Gonzalez: No. Taniguchi: No, we went to public testimony and then questions. Masuda: Oh, I'm sorry, I'm looking at my notes for number three. 24 Nahale-a: I can make a motion now. Gonzalez: If you're going to call the person back, then you probably leave the public hearing open. Salave`a: Number 3 agendized for a later date? Taniguchi: So, we can make a motion to defer, then? Nahale-a: Yes. Move to defer. Taniguchi: That's the feeling of most of you (Commissioners)? Nahale-a: Yes. Move to defer. Taniguchi: Okay. Raymond: Second. Ms. Nahale-a moved to defer Application No. 17-37, Maruhiro Enterprise Co.,Ltd., dba Sushi Shiono, Restaurant General liquor license, Category A, for a Change of Location to 74-5599 Pawai Place, Bays B4 & B5, Kailua-Kona, Hawaii, TMK: 7-4-010:018, to October 4, 2018, in Kona; seconded by Ms. Raymond. Taniguchi: Moved and seconded to defer. Any discussion? Gerald, any? You're okay with it? Takase: Yes. Either way you want to handle it. So, I would recommend to continue it to the October 4, 2018, meeting. Taniguchi: And that's in Kona? Takase: Yes, so it actually might be... Taniguchi: Even if you forget, you can still drive down. Any other discussion on this? 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. 25 Taniguchi: Motion carried. Thank you. Thank you very much. The motion was carried unanimously. VIII. New Business Taniguchi: Item No. 1, Waikoloa Village Association, dba Waikoloa Village Golf Course, acceptance of the Personal History and Affidavit for Gerald D. Carmack and Lisa A. Uzdienski Worrells, as Directors, effective May 5, 2018. 1. Waikoloa Village Association, dba Waikoloa Village Golf Course, acceptance of the Personal History and Affidavit for Gerald D. Carmack and Lisa A. Uzdienski Worrells, as Directors, effective May 5, 2018, to its Restaurant General liquor license, Category B2, located at 68-1792 Melia Street, Waikoloa, Hawaii. Nahale-a: Move to accept. Taniguchi: Motion. Arakaki: Second. Ms. Nahale-a moved to accept the Personal History and Affidavit, submitted by Waikoloa Village Association, dba Waikoloa Village Golf Course, for Gerald D. Carmack and Lisa A. Uzdienski Worrells, as Directors, effective May 5, 2018, to its Restaurant General liquor license, Category B2, located at 68-1792 Melia Street, Waikoloa, Hawaii; seconded by Mr. Arakaki. Taniguchi: Second. 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. The motion was carried unanimously. Taniguchi: Item No. 2, Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, ratification of Application for Game Permit for Recreational Texas Hold 'Um tournament held in the Kaunaba Ballroom on August 28, 2018. 26 2. Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, ratification of Application for Game Permit for Recreational Texas Hold 'Um tournament held in the Kauna'oa Ballroom on August 28, 2018, approved by Director Gerald Takase on August 2, 2018, to its Hotel liquor license, located at 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii. Nahale-a: Move to ratify. Arakaki: Second. Ms. Nahale-a moved to ratify the Application for Game Permit submitted by Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, for Recreational Texas Hold 'Um tournament held in the Kauna'oa Ballroom on August 28, 2018, to its Hotel liquor license, located at 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii; 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: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 3, Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, acceptance of the Personal History and Affidavit for Derek Younsuk Hahm, as Vice President and Manager, effective January 1, 2014, and Marcus Herring Reed, as General Counsel and Secretary, effective April 2015. 3. Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, acceptance of the Personal History and Affidavit for Derek Younsuk Hahm, effective January 1, 2014, and Marcus Herring Reed, effective April 2015, as Managers, to its Dispenser liquor license, Category B2, located at the Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kona, Hawai'i. Nahale-a: Move to accept. Arakaki: Second. 27 Ms. Nahale-a moved to accept the Personal History and Affidavit, submitted by Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, for Derek Younsuk Hahm, effective January 1, 2014, and Marcus Herring Reed, effective April 2015, as Managers, to its Dispenser liquor license, Category B2, located at the Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kona, Hawaii; seconded by Mr. Arakaki. Taniguchi: Second. Any discussion? Nahale-a: Question on why the change was from back in 2014 and 2015, and appearing before us now? Takase: We have started going back through our records, checking them, so you might actually see a lot of them coming up like this. It's coming to you for approval, but it's probably going to our Adjudication Board for violations on failure to notify the Commission. Nahale-a: Ah, okay. Thank you. Taniguchi: Good question. So this was a result of us checking the DCCA? Takase: I think so. I'm pretty sure it was. Gonzalez: A combination of both. As we do the renewals, we review the files for the licensees. Nahale-a: Thank you for being on top of it. Taniguchi: Any other questions? There were no other questions 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: Item No. 4, Regal Cinemas, Inc., dba Regal Keauhou Stadium 7, and dba Regal Prince Kuhio 9, acceptance of the change in officers, resignation of Amy E. Miles, Gregory W. Dunn, David H. Ownby, Peter B. Brandow, and Corey J. Coggin, effective February 28, 2018; election of Vincent Fusco as President, CFO, Director and Treasurer; and Scott Rosenblum as Secretary and Director, effective March 1, 2018. 28 4. Regal Cinemas, Inc., dba Regal Keauhou Stadium 7, and dba Regal Prince Kuhio 9, acceptance of the change in officers, resignation of Amy E. Miles, CEO; Gregory W. Dunn, President and COO; David H. Ownby, CFO; Peter B. Brandow, Executive Vice President, General Counsel; and Corey J. Coggin, Vice President and Assistant Treasurer, effective February 28, 2018; and election of Vincent Fusco as Vice President, Controller; and Scott Rosenblum as Director/Secretary, effective March 1, 2018, to its Dispenser Beer and Wine liquor licenses, Category B1, located at the Keauhou Shopping Center, 78-6831 Ali`i Drive, Suite 342, Kailua-Kona, Hawaii, and the Prince Kuhio Plaza, 111 E. Puainako Street, Space 400, Hilo, Hawaii. Nahale-a: Move to accept. Arakaki: Second. Ms. Nahale-a moved to accept the change in officers, submitted by Regal Cinemas, Inc., dba Regal Keauhou Stadium 7, and dba Regal Prince Kuhio 9, with the resignation of Amy E. Miles, CEO; Gregory W. Dunn, President and COO; David H. Ownby, CFO; Peter B. Brandow, Executive Vice President, General Counsel; and Corey J. Coggin, Vice President and Assistant Treasurer, effective February 28, 2018; and election of Vincent Fusco as Vice President, Controller; and Scott Rosenblum as Director/Secretary, effective March 1, 2018, to its Dispenser Beer and Wine liquor licenses, Category B1, located at the Keauhou Shopping Center, 78-6831 Alii Drive, Suite 342, Kailua-Kona, Hawaii, and the Prince Kuhio Plaza, 111 E. Puainako Street, Space 400, Hilo, Hawaii; seconded by Mr. Arakaki. Taniguchi: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Taniguchi: 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: Item No. 5, Poi Dog Deli LLC, dba Poi Dog Deli, ratification of Application for Entertainment Permit for a live music event held on August 18, 2018. 29 5. Poi Dog Deli LLC, dba Poi Dog Deli, ratification of Application for Entertainment Permit fora live music event held on August 18, 2018, approved by Director Gerald Takase on August 13, 2018, to its Retail Beer and Wine liquor license, located at 75-1022 Henry Street, Suite 3, Kailua-Kona, Hawaii. Nahale-a: Move to ratify. Greenwell: Second. Ms. Nahale-a moved to ratify the Application for Entertainment Permit, submitted by Poi Dog Deli LLC, dba Poi Dog Deli, for a live music event held on August 18, 2018, approved by Director Gerald Takase on August 13, 2018, to its Retail Beer and Wine license, located at 75-1022 Henry Street, Suite 3, Kailua-Kona, 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: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 6, O&J LLC, dba Waikoloa Restaurant and Bar, acceptance of the Personal History and Affidavit for Wilson Mayo Palomo, Co-owner and Manager, effective January 1, 2018. 6. O&J LLC, dba Waikoloa Restaurant and Bar, acceptance of the Personal History and Affidavit for Wilson Mayo Palomo, Co-owner and Manager, effective January 1, 2018, to its Restaurant General liquor license, located at 68-1790 Melia Street, Waikoloa, Hawaii. Nahale-a: Move to accept. Greenwell: Second. 30 Ms. Nahale-a moved to accept the Personal History and Affidavit, submitted by O&J LLC, dba Waikoloa Restaurant and Bar, for Wilson Mayo Palomo, Co-owner and Manager, effective January 1, 2018, to its Restaurant General liquor license, located at 68-1790 Melia Street, Waikoloa, 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: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 7, Young's Market Company, LLC, dba Young's Market Company of Hawaii, approval of proposed change to LLC, withdrawal of Richard ("Rick") Gillis, President, effective August 10, 2018. 7. Young's Market Company, LLC, dba Young's Market Company of Hawaii, approval of proposed change to LLC, withdrawal of Richard ("Rick") Gillis, President, effective August 10, 2018, to its Wholesale General liquor license, located at 73-4854 Kanalani Street, Kailua-Kona, Hawaii. Nahale-a: Move to approve. Arakaki: Second. Ms. Nahale-a moved to approve the proposed change to LLC, submitted by Young's Market Company, LLC, dba Young's Market Company of Hawaii, with the withdrawal of Richard ("Rick") Gillis, President, effective August 10, 2018, to its Wholesale General liquor license, located at 73-4854 Kanalani Street, Kailua-Kona, Hawaii; seconded by Mr. Arakaki. Taniguchi: Moved and seconded. Any question? Greenwell: Yes. Taniguchi: Mr. Greenwell? 31 Greenwell: Now, on this one here, they're removing this guy. Is there someone else that's taking his place? Is that going to come up later on when they find someone or what happens to that "blank space" there? Takase: We don't know right now. We just got the withdrawal from them. I'm assuming they will since he's the President. But, we don't have any information. Greenwell: So, who do you have on record, as basically the point of contact without someone's name there? Takase: We have the company and we don't usually write or talk to the president, anyway. Greenwell: Okay. Takase: We've dealt with the managers here, but typically you'd see the election of a new president replacing the old one, but I don't know what happened here. He might've retired and they didn't get to selecting somebody, so they're just "headless" for awhile. Greenwell: But they will need to file again with the President and his name. Takase: Right. Once they elect a president, they will need to notify us and provide a personal history for that person. Taniguchi: Good question, Mr. Greenwell. Any other question? There was no other question from the Commissioners. Taniguchi: Since none, call for the question. 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: Item No. 8, Waikoloa Village Lessee, LLC, dba Hilton Waikoloa Village, ratification of the Application for Alteration Permit for demolition, interior renovations to the former Palms Terrace, and construction of new arrival area and back of house. 8. Waikoloa Village Lessee LLC, dba Hilton Waikoloa Village, ratification of the Application for Alteration Permit for demolition, interior renovations to the former Palms Terrace, and construction of new arrival area and back of house, approved by Director Gerald Takase on August 8, 2018, to its Hotel liquor license, located at 69-425 Waikoloa Beach Drive, Waikoloa, Hawaii. 32 Nahale-a: Move to ratify. Greenwell: Second. Ms. Nahale-a moved to ratify the Application for Alteration Permit, submitted by Waikoloa Village Lessee LLC, dba Hilton Waikoloa Village, for demolition, interior renovations to the former Palms Terrace, and construction of new arrival area and back of house, approved by Director Gerald Takase on August 8, 2018, to its Hotel liquor license, located at 69-425 Waikoloa Beach Drive, Waikoloa, Hawaii; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Questions? There were no questions 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: Item No. 9, Costco Wholesale Corporation, dba Costco Wholesale, ratification of the Application for Alteration Permit for remodeling and relocation of the food service area, hearing center, membership counter and construction of new walls and windows. 9. Costco Wholesale Corporation, dba Costco Wholesale, ratification of the Application for Alteration Permit for tenant improvement and interior alterations, approved by Director Gerald Takase on August 20, 2018, to its Retail General liquor license, located at 73-5600 Maiau Street, Kailua-Kona, Hawaii. Nahale-a: Move to ratify. Hughes: Second. Ms. Nahale-a moved to ratify the Application for Alteration Permit, submitted by Costco Wholesale Corporation, dba Costco Wholesale, for tenant improvement and interior alterations, approved by Director Gerald Takase on August 20, 2018, to its Retail General liquor license, located at 73-5600 Maiau Street, Kailua-Kona, Hawai`i; seconded by Mr. Hughes. 33 Taniguchi: Question? Greenwell: How do we get involved in this when they're not serving liquor? Takase: Because the whole building is licensed, we are supposed to be notified of any changes within the licensed area. Now, we are looking at it and we may make changes in our Rules to take us out of it in the future. The only problem is, we don't restrict where they sell liquor in the facility and I think that's my only drawback. If it's not an area affecting liquor, then why should we get involved. But, we don't restrict them to where they can sell within their building, so it may become a sales area in the future. Greenwell: Gerald, I know I've brought this up on remodeling and I've questioned it, but I think that's an excellent answer that you've given me. I think that's excellent. They can sell any place they want. Takase: I think, in the "olden days," we used to actually restrict. You had a liquor section and you could not sell outside of that. We, well, before my time, we modernize it. In most stores you see they have a liquor area, but now they sell on their end caps all over the place, so when you walk into the store, they have their display for Labor Day or whatever. That's kind of our answer. But the other thing we look at is we are kind of the only agency that goes back into establishments once they've constructed. Brandon and I've come out of Public Works, so we're kind of a "catch" or "safeguard" or "safety net" for Public Works, as well, because they usually don't know when there are changes being made. Because they have to come through us for an alteration permit, which causes them to go back to Public Works, sometimes that's the only way the Building Department catches up with them, that changes are being made to a facility. A building inspector won't usually go back in once they're approved. Greenwell: That's a good answer. Taniguchi: Anybody else? There were no other questions from the Commissioners. Taniguchi: Call for the question, 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: Item No. 10, Hawaiian Ola Brewing Corporation, dba Ola Brew Co., ratification of the Application for Temporary Increase in License Premises to its side yard, for a special event held on August 24, 2018. 34 10. Hawaiian Ola Brewing Corporation, dba Ola Brew Co., ratification of the Application for Temporary Increase in Licensed Premises to its side yard, for a special event held on August 24, 2018, approved by Administrative Officer Brandon Gonzalez on August 14, 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. Arakaki: Second. Ms. Nahale-a moved to ratify the Application for Temporary Increase in Licensed Premises, submitted by Hawaiian Ola Brewing Corporation, dba Ola Brew Co., to its side yard, for a special event held on August 24, 2018, approved by Administrative Officer Brandon Gonzalez on August 14, 2018, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Arakaki. Taniguchi: Questions? Nahale-a: This is not a question, but I just wanted to point out that this is one of the Licensees that we had extensive discussion about. We requested them to come back to us to notify us when they're having these kinds of events. Takase: Yes. All events where they anticipate going over 100 (attendance), they were going to come in and notify us. They have been, and we've been sending out investigators to monitor these events. According to our investigators, they have had no problems. They don't see any problems. They will continue to "march under these orders" for now. Nahale-a: This is a pretty excessive number of people. Just want to note that so we're all aware of it. Greenwell: And it wasn't really clear as to how many events they were going to have, how many people they were going to have. Nahale-a: Did we limit them to a number? I thought we limited them. Taniguchi: I think it was over 100. Nahale-a: No, I mean how many times they would... Takase: How many times, no we didn't. Taniguchi: But if over 100, they had to come, right? Takase: Right. And I'll say, and I don't know if all of you saw the article in this past Sunday's paper, but they are doing very well. They're expanding. It is a very popular venue for people 35 to have events there. I think they understand what they needed to do and I think they're coming along very well and hopefully they will be a thriving business in the Kona community. Nahale-a: Thank you. Taniguchi: Plus, they control the whole building. Very good. Call for the question, 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. Taniguchi: Item No. 11, Kamaaina Lounge, Inc., dba Sam's Hideaway, acceptance of the Personal History and Affidavit for Kully Nonohiaulu Kekaula-Basque, Secretary, effective April 30, 2018. 11. Kamaaina Lounge, Inc., dba Sam's Hideaway, acceptance of the Personal History and Affidavit for Kully Nonohiaulu Kekaula-Basque, Secretary, effective April 30, 2018, to its Dispenser General liquor license, Category A, located at 75-5729 Alii Drive, Kailua-Kona, Hawaii. Nahale-a: Move to accept. Greenwell: Second. Ms. Nahale-a moved to accept the Personal History and Affidavit, submitted by Kamaaina Lounge, Inc., dba Sam's Hideaway, for Wilson Mayo Palomo, Co-owner and Manager, effective January 1, 2018, to its Restaurant General liquor license, located at 68-1790 Melia Street, Waikoloa, Hawaii; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Questions? There were no questions 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. 36 Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Item No. 12, Longs Drug Stores California, L.L.C., dba Longs Drugs #9249, ratification of the Application for Alteration Permit for renovations to include upgrades, replacements and repairs without change to size of store space. 12. Longs Drug Stores California, L.L.C., dba Longs Drugs #9249, ratification of the Application for Alteration Permit for renovations to include upgrades, replacements and repairs without change to size of store space, to its Retail General liquor license, located at Lanihau Center, 75-5595 Palani Road, Kailua-Kona, Hawaii. Nahale-a: Move to ratify. Arakaki: Second. Ms. Nahale-a moved to ratify the Application for Alteration Permit, submitted by Longs Drug Stores California, L.L.C., dba Longs Drugs #9249, for renovations to include upgrades, replacements and repairs without change to size of store space, to its Retail General liquor license, located at Lanihau Center, 75-5595 Palani Road, approved by Administrative Officer Brandon Gonzalez on August 14, 2018, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Arakaki. Taniguchi: Questions? I think they're answered already, right? Greenwell: Yes, multiple times. Taniguchi: 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: Item No. 13, Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant, approval of transfer of liquor inventory to Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge. 37 13. Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant, ratification of transfer of liquor inventory to Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge, as part of the sale and transfer of its Restaurant General liquor license, Category A, approved by the Liquor Commission on June 7, 2018. Nahale-a: Move to ratify. Salave`a: Second. Ms. Nahale-a moved to ratify the transfer of liquor inventory, submitted by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant, to Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge, as part of the sale and transfer of its Restaurant General liquor license, Category A, approved by the Liquor Commission on June 7, 2018; seconded by Mr. Salave`a. Taniguchi: 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: Item No. 14, Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant (Retail), approval of transfer of liquor inventory to Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail). 14. Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant (Retail), approval of transfer of liquor inventory to Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail) as part of the sale and transfer of its Retail Beer and Wine liquor license, approved by the Liquor Commission on June 7, 2018. Nahale-a: Move to ratify. Arakaki: Second. 38 Ms. Nahale-a moved to ratify the transfer of liquor inventory, submitted by Kilauea Lodge, Ltd., dba Kilauea Lodge & Restaurant (Retail), to Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail), as part of the sale and transfer of its Restaurant General liquor license, Category A, approved by the Liquor Commission on June 7, 2018; seconded by Mr. Arakaki. Taniguchi: 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: Item No. 15, Hawaiian Ola Brewing Corporation, dba Ola Brew Co., acceptance of the Personal History and Affidavit for Yvette Nanette Miller, Secretary, effective October 1, 2017. 15. Hawaiian Ola Brewing Corporation, dba Ola Brew Co., acceptance of the Personal History and Affidavit for Yvette Nanette Miller, Secretary, effective October 1, 2017, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii. Nahale-a: Move to accept. Salave`a: Second. Ms. Nahale-a moved to accept the Personal History and Affidavit, submitted by Hawaiian Ola Brewing Corporation, dba Ola Brew Co., for Yvette Nanette Miller, Secretary, effective October 1, 2017, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Taniguchi: Any questions? There were no questions from the Commissioners. Taniguchi: Since none, all those in favor signify by saying, "Aye." The Commissioners voted "aye." 39 Taniguchi: Opposed, "Nay." There was no opposition by the Commissioners. Taniguchi: Motion carried. The motion was carried unanimously. Taniguchi: Special Licenses Issued for Ratification Nahale-a: Move to ratify Application No. SP -18-10 to SP -18-11, and SP -17-91, Item No. 16(a) to 16(c). Greenwell: Taniguchi: Taniguchi: Taniguchi: Second. Ms. Nahale-a moved to ratify the following Special Licenses: 16. Special Licenses Issued for Ratification a. Application No. SP -18-10, YWCA of Hawaii Island, dba YWCA of Hawaii Island, for a Special Beer and Wine liquor license, held inside the YWCA, located at 145 Ululani Street, Hilo, Hawaii, on August 24, 2018. b. Application No. SP -18-11, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kealakekua, Hawaii, on August 3-5, 10-11, 15-18, 2018. c. Application No. SP -17-91, Kona Aerial Gymnastic Team Inc., dba Kona Aerial Gymnastic Team Inc., previously ratified on April 5, 2018, for a Special Beer and Wine liquor license, to be held at Hale Halawai, 75-5760 Alii Drive, Kailua-Kona, Hawaii, on August 25, 2018, amended to be held on September 9, 2018. The motion was seconded by Mr. Greenwell. Moved and seconded. Any discussion? There was no discussion from the Commissioners. Since none, all those in favor signify by saying, "Aye." The Commissioners voted "aye." Opposed, "Nay." 40 There was no opposition by the Commissioners. Taniguchi: Motion carried. Thank you very much. The motion was carried unanimously. Taniguchi: Item No. 17, Transient Vessel Licenses Issued for Ratification. Nahale-a: Move to ratify Application No. TV 18-05 to TV -18-13, Item No. 17(a) to 17(i). Salave`a: Second. Ms. Nahale-a moved to ratify the following Transient Vessel Licenses: 17. Transient Vessel Licenses Issued for Ratification a. Application No. TV -18-05, Holland America Line N.V., dba ms Amsterdam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on December 30, 2018. b. Application No. TV -18-06, Holland America Line N.V. dba ms Amsterdam, for a Transient Vessel liquor license, in port at Kailua Harbor, Kailua-Kona, Hawaii, on December 31, 2018. c. Application No. TV -18-07, Holland America Line N.V., dba ms Eurodam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on October 11, 2018, and November 18, 2018. d. Application No. TV -18-08, Holland America Line N.V., dba ms Eurodam, for a Transient Vessel liquor license, in port at Kailua Harbor, Kailua-Kona, Hawaii, on November 17, 2018. e. Application No. TV -18-09, Holland America Line N.V., dba ms Noordam, for a Transient Vessel liquor license, in port at Kailua Harbor, Kailua-Kona, Hawai'i, on October 8, 2018. f. Application No. TV -18-10, Princess Cruise Lines, LTD., dba Emerald Princess, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on October 10 and 28, 2018, and December 12 and 27, 2018. g. Application No. TV -18-11, Princess Cruise Lines, LTD., dba Grand Princess, for a Transient Vessel liquor license, 41 Taniguchi: in port at Hilo Harbor, Hilo, Hawaii, on October 29, 2018; November 25, 2018; and December 28, 2018. h. Application No. TV -18-12, Princess Cruise Lines, LTD., dba Star Princess, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on October 25, 2018; November 9, 2018; and November 24, 2018. Application No. TV -18-13, Seabourn Cruise Line Limited, dba Seabourn Sojourn, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii, on October 25, 2018. The motion was seconded by Mr. Salave`a. Motion 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. The motion was carried unanimously. Taniguchi: May I have a motion to recess? Nahale-a: Mr. Chair, I'd like to move to recess for 10 minutes. Taniguchi: Okay, can I have a second? Salave`a: Second. Taniguchi: All those in favor signify by saying, "Aye." The Commissioners voted "aye." Taniguchi: Opposed, "Nay." There was no opposition by the Commissioners. 42 Taniguchi: Motion carried. We will recess for 10 minutes. The motion was carried unanimously. The Liquor Commission recessed at 10:51 A.M. and reconvened at 10:55 A.M. Taniguchi: The recess is ended and I will call this meeting back to order. Nahale-a: Move to enter into Executive Session to discuss Charter amendments with the Liquor Commission's attorney. Salave`a: Second. Ms. Nahale-a moved to enter into Executive Session for the purpose of discussion of Charter amendments with the Liquor Commission's attorney; seconded by Mr. Salave`a. Taniguchi: Moved and seconded. 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. The Liquor Commission of the County of Hawaii entered into Executive Session, called to order by Chairman Taniguchi at 10:56 A.M., and adjourned at 11:34 A.M. Taniguchi: The meeting is called back to order. The meeting of the Liquor Commission of the County of Hawaii was called back to order by Chairman Taniguchi at 11:34 A.M. IX. Announcements Director Gerald Takase announced that the State Conference is being held on Kauai from October 7-10, 2018. Travel arrangements have been made for the Commissioners and Adjudication Board Members. Some will be leaving from Kona, others leaving from Hilo. Taniguchi: The next meeting is on October 4, 2018, in Kona. Then November 1, 2018, Hilo. Meetings of Liquor Commission 43 October 4, 2018, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. November 1, 2018, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. X. Adjournment Taniguchi: Motion to adjourn? Nahale-a: Move to adjourn. Greenwell: Second. Ms. Nahale-a moved to adjourn the meeting; seconded by Mr. Greenwell. Taniguchi: Moved and seconded. Anything else? There was nothing further 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. The meeting was adjourned at 11:36 A.M. ,bb.4, ,fir Gerald Takas Director The September 6, 2018, Liquor Commission minutes were approved as circulated via emaillmail on October 25, 2018, by the Liquor Commission of the County of Hawaii on November 1, 2018. 44