2018-10-18 Liquor Adjudication Board Minutes

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Ms. Giffin moved that the Licensee in Case No. 2018-004, be found in violation of Rule 5-2, of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii; seconded by Mr. Mukai. 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: Opposed, "Nay." There was no opposition by the Board Members. Fuke: Motion is unanimously carried. The motion was unanimously carried. Fuke: Can I ask the Assistant Corporation Counsel to read the report from the Department regarding the license issued and the violation and the recommended penalty? Schoen: Thank you, Mr. Chair. The original license was issued in July of 1986. There has been no previous violations. The Department is recommending $1,000 fine with $750 suspended for one year from the date of service of the Decision and Order on the condition that there are no similar Rule 5-2 violations, and that $250 is to be paid within thirty days upon receipt of the Decision and Order for the violation and made payable to the Department of Liquor Control. The Licensee did take responsibility for this violation. There has been no previous violation, and they did take action to address the issue by signing up for classes. There were no actual liquor sales during the period of no person in active charge. Fuke: Thank you very much. Is there any discussion on the penalty? Again, the recommended penalty is $1,000 with $750 suspended, unlike the previous application where it was $1,000 with $500 suspended. Schoen: Mr. Chair, I need to correct myself. I said there were no active sales. There actually were. Giffin: During that time? Schoen: During that time. Pawasarat: So why is it different than the other? OCTOBER 18, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 9