2019-03-07 Liquor Commission Minutes

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Masuda: The other point I wanted to bring up is that when it says, `...approval of the application may be cancelled...' last time I erroneously told you folks that the applicant would have to wait a year if the plication at this point was denied. That statement that it s being denied is correct. If Y p the application is denied or rejected, they have to watt a year. But in the case of not granting an extension, the full application didn't even come before us yet, so there is no denial. It's just a cancellation so they don't have to wait a full year. Takase: The section that he was referring to talks about when an application is denied by the Commission, then they are prohibited from coming back, really anybody is prohibited from coming back for another year. But in this case, it's really not the case because he was approved for a license so it doesn't create this prohibition on anybody else. Craig brought that to our attention, and I told him that's talking about a denial by the commission. This was not a denial. Even if you deny his extension, it would just be a cancellation of the license. There was nothing wrong with the citing and that denial language is talking about when we get applicants that come in and get denied. It is to prevent them from repeatedly coming back every month, creating a problem for us as well as for the surrounding neighbors. That is not the case here. Masuda: Yes. Denial is the case where you have a full on hearing with the full on publication and all of that. That's not this case here. This is a cancellation vs. a denial. But, as I said before, the language of the extension portion of the rule is very permissive. Greenwell: commissioners, any more questions or discussion on this subject? There were no further questions or discussion from the commissioners. Hughes: I make the motion. Greenwell: Hearing none, I'd like to have a motion to approve or deny the extension of time, finding of good cause, the issuance of the Small Craft Producer Pub liquor license, Category A, for an additional six months from January 4, 2019, to and including July 4, 2019. Arakaki: So moved. Greenwell: Looking for a second. Hughes: I'll second that. Mr. Arakaki moved that the Commission finds goods cause to extend and approves the request submitted by Big Island Distillers Inc., dba Big Island Distillers, to extend the time issuance of its Small Craft Producer Pub liquor license, Category A, for an additional six months from January 4, 2019, to and including July 4, 2019; seconded by Mr. Hughes. Masuda: Excuse me, for clarification, your motion is for finding of good cause? MARCH 7, 2019 - LIQUOR COMMISSION MINUTES 12