2017-12-07 Liquor Adjudication Board Minutes

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Fuke: That's a good size. Mr. Gonzalez had indicated that back in 2014, there was a violation of consumption by the band members. Were you in charge of the establishment then? Tomlinson: Yes, since day one. I felt at that time that the fine and that charge might have been a little too much. I don't want to sound combative at all. I took responsibility for it. I went to the hearing, the guy was from Oahu and was warned several times "you cannot do this" yet he did it again, and Steve Frendo saw it and he wrote it up. Yes, he was an employee even though he wasn't getting paid, I understand he took responsibility for it. But I believe that one was a $2,000 fine with $1,000 suspended. I felt that it was maybe, it doesn't matter. It was an employee because he was playing in there, and understand fully. It just seemed a little, maybe, extreme to me. But it is in the past. Fuke: Any more questions from the Board Members? There were no questions from the Board Members. Fuke: Since none, Mr. Gonzalez, could you read the recommended penalties? Gonzalez: The Department is recommending a $1,500 fine with $500 suspended for one year from the date of service of the Decision and Order on the condition that there are no similar violations to Rule 3-8-D, and that $1,000 is to be paid within 30 days upon receipt of the Decision and Order for said violation, payable to the Department of Liquor Control. However, if a payment plan is necessary, we can work one out with the Licensee. The basis for the recommendation is as follows: We are taking into account the Licensee has immediately taken responsibility for their actions. They have taken corrective actions to insure, as best as they can, that this will not occur again. But, we also have to take into account the previous violation that exists within the last three years. In that case, entertainers on the premises (there were two entertainers, 2 counts) were found to be consuming liquor while performing. The fine imposed in each count was a $2,000 fine, and in each count, $1,500 was suspended. So Licensee was required to pay $1,000 total. They paid promptly, within two days of being served in (inaudible). Other than that, the Licensee has been operating well. We appreciate his quick corrective action and him taking responsibility. Fuke: Thank you very much. Is there discussion on the penalty? There was no discussion from the Board Members. Fuke: Could I have a motion on the recommended penalty? Smith: I move that we accept the recommendation of the Department and impose the fine as stated. Giffin: I second. DECEMBER 7, 2017 - LIQUOR ADJUDICATION BOARD MINUTES 7