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Smith: Second. <br />Ms. Giffin moved that the Licensee in Case No. 2017-016, be found in <br />violation of Rule 5-2 of the Rules and Regulations of the Liquor <br />Commission of the Department of Liquor Control of the County of <br />Hawai`i, State of Hawaii; seconded by Mr. Smith. <br />Fuke: Any discussion? <br />There was no discussion from the Board Members. <br />Fuke: All those in favor say, "Aye." <br />The Board Members voted "Aye." <br />Fuke: Those opposed, "Nay." <br />There was no opposition by the Board Members. <br />Fuke: Unanimously carried. <br />The motion was unanimously carried. <br />Fuke: Can I ask the Staff again, to read the recommended penalty on this matter? <br />Gonzalez: The Department in this case is recommending, Mr. Chair, a $1,000 fine with <br />$500 suspended for one year from the date of service of the Decision and Order, on the <br />condition that there are no similar violations to Rule 5-2, and that $500 is to be paid within <br />thirty days upon receipt of the Decision and Order of said violation, payable to the <br />Department of Liquor Control. The basis for the recommendation is as follows: The <br />license was originally issued on January 12, 2010. There have been no previous <br />violations; however, the circumstances in this case are fairly serious. The only way that <br />we can insure that Licensees are following the liquor laws is if there are people in charge <br />of making sure they're operating according to the laws are actually in the establishment. <br />When they don't have anybody there, it's like a chicken without a head situation. Many <br />things can go wrong for the Licensee and the public. This is the reason that this type of <br />offense is rather serious from the Department's perspective. We are consistent with <br />previous recommendations for Licensees that have violated this. We've had at least <br />twenty-three Rule 5-2 violations in the last five years. Not for this Licensee, they've had <br />none. We are consistent with our recommendation. <br />Fuke: Could I have a discussion on the proposed penalty? <br />There was no discussion from the Board Members. <br />Fuke: Since none, can I have a motion on the penalty? <br />Giffin: I so move. <br />DECEMBER 7, 2017- LIQUOR ADJUDICATION BOARD MINUTES 23 <br />