2017-12-07 Liquor Adjudication Board Minutes

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The Board Members voted "Aye." Fuke: Opposed, "Nay." There was no opposition by the Board Members. Fuke: Unanimously carried. The motion was unanimously carried Fuke: Since the Licensee is not here, what is the recommended penalty? Gonzalez: The recommendation, Mr. Chair, is a $2,000 fine with $1,000 suspended for one year from the date of service of the Decision and Order on the condition that there are no similar violations and that $1,000 is to be paid within 30 days upon receipt of the Decision and Order, payable to the Department of Liquor Control. The basis for the recommendation is as follows: the original issuance of the license was July 1, 2009. There are no previous violations; however, to be consistent with all other Sale to Minor infractions which the Department takes as one of its most serious violations, we are recommending the $2,000 fine. As a historical note for your information, educational compliance checks were held on June 9, 2017. That's where the Department checked sixty four total Licensees within the South Hilo area. Of those sixty four Licensees, thirteen did not pass. On October 6 the Department conducted follow up compliance checks. This is after the Department met with each person that violated, instructed them on the requirements of the law to identify minors or people trying to purchase alcohol and telling them that we would do follow-ups in the future. Unfortunately, in this case the same cashier that made the sale during the educational compliance check also made the sale during our follow up compliance check. It reflects poorly in this instance, but it's not only the cashier's fault if the Department took steps and the Licensee themselves did not take extra steps to make it easier or make sure their cashiers weren't doing what they're supposed to. Everybody is strictly accountable on the Licensee's end for following the law and this is the reason why this case is in front of us today. But, the Licensee took responsibility right away on finding out about the violation and selected Alternative I. Fuke: Any discussion or questions of Mr. Gonzalez regarding the penalty? Smith: I have a question. In the other situations that we heard today the employer tried to implement or remedy by some financial consequences to the individual. In this instance when I look at the report he didn't even ask for the ID. At least the other person asked for the ID whether he could calculate it or not is a different issue, but this person didn't even ask for the ID. It's the same person that was caught before and you just wonder whether they have instituted remedies that are going to make a change. What are your thoughts? Gonzalez: We have been in contact with the Licensee and from the feedback today, we can definitely follow up on what processes they've taken to make sure that this type of oversight or lack of enforcement doesn't happen again. I don't have anything in detail from them yet. I don't know about the status of the cashier, if he's still working there or not. DECEMBER 7, 2017 - LIQUOR ADJUDICATION BOARD MINUTES 17