2019-03-07 Liquor Commission Minutes

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has been in contact with our office. We are going to revamp our procedures and ask Stacie to try and notify all of our applicants that are coming up on their one-year deadline prior to the deadline. Gail who was our previous Licensing officer, was trying to do it ahead of time but a lot of times it didn't come up until the one-year was triggered which is what happened in this case. When Stacie notified him, he sent... Puckett: I still hadn't been given my building permit until January 30th of this year. Takase: Yes, but we notified him on the 1 oth and on the 11 th, he did submit an application for extension. From our side we will try to be more timely, but we believe that there is sufficient room in our rules to allow for the extension to go forward. Undoubtedly, he has good cause and that's typically the reason that most of our applicants need to come back because they are stuck in the middle of the process. I am aware that previous Commissions have questioned why we were involved in that process. We are looking at that as well, but be it as it may, we feel that there is good cause and we recommend the extension be granted to Mr. Puckett and I believe he's finally seeing some movement on his side. We want him to succeed as well and we're getting there. We recommend the extension. Greenwell: okay great, Gerald. Room for improvement. Seeing as there is no public testimony, can we move on to the Commission for discussion and questions? lbarra: I have discussion, Mr. Chairman. At the last hearing, one of the issues was the deadline for applying for an extension. With what you just mentioned about Building (delays and things like that), it seems that you have substantive grounds, if applied timely, that would allow for an extension. What I believe the Commission was initially concerned about, was the eight days. Given your reasons, you could have applied and gotten the extension. I think though we all agree having heard from the Director and you. Puckett: Yes, and that's why I wanted to start off by apologizing for not... lbarra: The eight days is eight days, and I just want to make sure that the Director is going to look into it, like the Chair said. I have no qualms with that, Mr. Chair, but at least we brought out our concern. Greenwell: Thank you, Commissioner. At this time I'd like to call on guidance from Mr. Craig Masuda. Masuda: Thank you, Mr. Chairman. As Commissioner lbarra has stated, it did come in late, however, if you look at the last line of Rule 4-2-M which is talking about the extensions, it says, `Thereafter, an approval of the application may be cancelled and the applicant may be required to reapply for a new license.' The reason I bring this up is that sentence already presumes that the time period has passed already, because it says, '...may be cancelled...' There is, while it's not specifically stated, a strong presumption for an allowance for an extension after the deadline has passed. That's one point I wanted to bring up. MARCH 7, 2019 - LIQUOR COMMISSION MINUTES 11