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Nahale-a: My interpretation would be that it's up to the discretion of this Commission. <br />Masuda: It is. <br />Thomas: We don't know when he first made the request, right? Because the response was on <br />January 10 (2019), and then he wrote the letter of response, but there was something else <br />before them. There's more of this email that hasn't been printed out. <br />Masuda: That's why Mr. Gonzalez was saying he doesn't know when the initial contact was <br />made. <br />Gonzalez: Just reading the email string that's attached, the argument could be made; this <br />applicant is dealing with real life matters trying to get it operating and running and he missed the <br />deadline, like many of our licensees do, until we reminded him. We didn't remind him until <br />January 10 (2019), which was already past the deadline. The argument could be made that we <br />should have let him know on December 3rd (2018) that the license issuance period will expire in <br />thirty days, what is the status. <br />Masuda: True, but I don't want that to be interpreted as an obligation of the Department, to <br />warn them of their (deadline). <br />Gonzalez: Looking at the rule, the rule does not specifically require him to make the request <br />for extension before it expires. <br />Masuda: That's why I said, the assumption is you could ask for an extension before it expires. <br />Onizuka: Would it be okay if we deferred this matter to the next meeting since the Director <br />and the Licensing Technician that's involved is not present today, and have them consult with <br />legal counsel and come up with a recommendation for us at the next meeting? <br />Nahale-a: Yes. <br />lbarra: I would agree. At least if the person is here, he could hear the Commission's concern. <br />Masuda: Will you make the motion, Mr. Onizuka? <br />Onizuka: Move to defer to our next meeting and have the Director and Licensing Technician <br />in conjunction with legal counsel come up with a recommendation to the Commission. <br />Salave`a: Second. <br />Mr. Onizuka moved to defer New Business, Item No. 3, Big Island <br />Distillers Inc., dba Big Island Distillers, pursuant to Rule 4-2-M of <br />the Rules and Regulations of the Liquor Commission of the <br />Department of Liquor Control of the County of Hawaii, State of <br />Hawaii, requesting approval to extend the time issuance of its <br />Small Craft Producer Pub liquor license, Category A, for an <br />FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 29 <br />