2017-12-07 Liquor Adjudication Board Minutes

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Fuke: Could I have a motion to find the Licensee in violation of the charge? Giffin: I so move. Smith: Second. Ms. Giffin moved that the Licensee in Case No. 2017-015, be found in violation of Section 281-78(b) (1) (A), of the Hawaii Revised Statutes, as amended, relating to the Sale to a Minor; seconded by Mr. Smith. Fuke: Any discussion on it? There was no discussion from the Board Members. Fuke: All those in favor say, "Aye." The Board Members voted "Aye." Fuke: Those opposed, "Nay." There was no opposition by the Board Members. Fuke: Unanimously carried. The motion was carried unanimously. Fuke: Mr. Gonzalez, can I ask you to read the complaint? Gonzalez: Yes, Mr. Chair. Pardon me, I should note that although the Licensee selected Alternative I, where they stipulate to the violation, waive their presence at the hearing, and also waive any right to appeal, the Licensee instructed the cashier on duty that made the sale that night to come and observe. So, present to my left is Mr. Andrew Nguyen who was working at Wikiwiki the night of the compliance check. I will read the Complaint and Accusation. I wanted to explain who was sitting to my left. Fuke: Thank you. Gonzalez: The Complaint and Accusation in this case reads that on or about the third day of November 2017, in the County and State of Hawaii, the Licensee Hawaii Wikiwiki Stores LLC, dba Kona Wikiwiki Mart did sell, serve or furnish liquor to a minor, age 20 in violation of Section 281-78(b) (1) (A), of the Hawaii Revised Statutes, as amended. The Licensee has selected Alternative I. They admit to the allegation and stipulates that disciplinary action may be taken without the presence of the Licensee and that the Licensee has waived their right to a hearing and appeal. Thank you. Fuke: Thank you very much. Is there a motion to find the Licensee in violation of the charge? Giffin: I so move. DECEMBER 7, 2017 - LIQUOR ADJUDICATION BOARD MINUTES 9