2017-04-20 Liquor Adjudication Board Minutes

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Schoen: The Department alleges that on January 31, 2017, in the County and State of Hawaii, the Licensee, Tropics Ale House, LLC, doing business as Tropics Ale House, did fail to submit its Initial Report of Gross Liquor Sales in violation of Rule 3-6-A.1 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County and State of Hawaii. The Licensee has chosen Alternative I. The court [sic Board] may proceed with disciplinary action in their absence. Lindsey: Chair requests a motion to find the Licensee in violation of the charge. R. Smith: So moved. Fuke: Second. Mr. Smith moved that the Licensee in Case No. 2017-006, be found in violation of Rule 3-6-A.1 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii; seconded by Mr. Fuke. Lindsey: It has been moved and seconded. All those in favor say "Aye." The Board members voted "Aye." Lindsey: All those opposed say "Nay." There was no opposition by the Board members. Lindsey: Chair votes "Aye." Motion carried. The motion was carried unanimously. Schoen: Mr. Chair, the license was issued on September 15, 2014. There was a previous violation of failure to submit payment for percentages due for the license year, on November 16, 2015. The date was extended by the Director and the fee was ultimately paid. We are recommending a $100 fine, pursuant to Rule 1.12, and we are asking that the $100 be paid within 30 days of receipt of the written Decision and Order. Failure to pay that fee within 30 days would subject the Licensee to additional separate penalties including an Order to Show Cause to prove fitness to hold a liquor license. Lindsey: Chair calls for a motion on the penalty. R. Smith: So moved. Fuke: Second. Mr. Smith moved that the Licensee in Case No. 2017-006, be assessed a penalty in the amount of$100.00 and that $100.00 is to be APRIL 20, 2017- LIQUOR ADJUDICATION BOARD MINUTES 28