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Alien Hess, did fail to have a person duly approved by the Department of Liquor control as <br />a person in active charge of the premises at all times while the premises was open for <br />business to provide proper supervision in the exercise of the liquor license in accordance <br />with the liquor laws, in violation of Rule 5-2 of the Rules and Regulations of the Liquor <br />Commission of the Department of Liquor control of the county of Hawaii, State of Hawaii. <br />Schoen: we do have on file a signed Answer to the complaint. It's a stipulation and <br />waiver of a hearing and appeal. we would request that the Board proceed although <br />Mr. Hess is not present. <br />Fuke: Thank you very much. The Licensee has already conceded to the violation and <br />although has initially requested to be present, he's not here. could I have a motion to find <br />the Licensee in violation of the charge? <br />M u kai : So move. <br />Giffin: Second. <br />Mr. Mukai moved that the Licensee in Case No. 2018-007, be <br />found in violation of Rule 5-2, of the Rules and Regulations <br />of the Liquor commission of the Department of Liquor Control <br />of the county of Hawaii; seconded by Ms. Giffin. <br />Fuke: It's been moved and seconded to find the Licensee in violation. Is there any <br />discussion? <br />There was no discussion from the Board Members. <br />Fuke: If not, all those in favor please say, "Aye." <br />The Board Members voted "Aye." <br />Fuke: Those opposed, "Nay." <br />There was no opposition by the Board Members. <br />Fuke: Motion is unanimously carried. <br />The motion was unanimously carried <br />Fuke: Prior to assessing a penalty, well, he's not here. can i ask counsel to please read <br />the report for recommended penalty, past violations, and so on? <br />Schoen: Yes, Mr. chair. The original license was issued on September 21, 2015. The <br />Department is recommending a $1,000 fine with $500 suspended for one year from the <br />date of the service of the Decision and order on condition that there be no similar violations <br />and that $500 is to be paid within 30 days upon receipt of the Decision and Order, payable <br />DECEMBER E, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 13 <br />