2017-04-20 Liquor Adjudication Board Minutes

Home

Gonzalez: Brandon Gonzalez, Administrative Officer. It is not a prior violation until they are found in violation by you folks and a penalty is imposed. Because the penalty is happening at one time, even though the date of the action is a different date, it's not a prior because no penalty was imposed. Good question. Fuke: Another question. Is the Licensee aware of what the Counsel is recommending? Williams: Yes. Fuke: And what is your position on that? Williams: I'm not trying to get away with anything. I do accept any penalty that is decided. Fuke: So you accept what has been recommended? Williams: I do. Fuke: Bottom line, the recommendation is a payment of$3,000 within 30 days provided further that there is no other infraction of the liquor rules? Schoen: That is correct. It sounds like a lot, but the Department is being generous being that the maximum amount of penalty could be $2,000 for each count, under HRS 281-40. Fuke: Mr. Chair, I move that we accept the Counsel's recommendation for the penalties. Giffin: Second. Mr. Fuke moved that the Licensee in Case No. 2017-003, be assessed a penalty in the amount of$1,000.00 for each count for a total of $9,000.00. That for Counts I, II, IV, V, VII, and VIII, ($6,000.00), be suspended for twelve (12) months from date of service of the Decision and Order, on the condition that there are no further violations of any kind during that period. That the penalties for Count III, VI, IX are imposed and that the Licensee is assessed penalties of$3,000.00, to be paid within thirty (30) days of receipt of the written Decision and Order; seconded by Ms. Giffin. Lindsey: It has been moved and seconded. Any discussion? There was no discussion from the Board members. Lindsey: Hearing none. It has been moved and seconded. All those in favor say "Aye." APRIL 20, 2017—LIQUOR ADJUDICATION BOARD MINUTES 11