HomeMy WebLinkAboutCOM 0229.006 1996-1998 TV Of ,y,~
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Stephen K. Famashiro ~ Janicc A. Pakelc
Mayor 'i•' n . , _ - Daccrar
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DEPARTMENT OF LIQUOR CON~I~pill7'i = Hr=;~'J:-~11
Hilo Lagoon Centre, lOt Aupuni S[reet, Sui[c 230 Hilo, Hawaii 96720-;261
(808) 961.8218 • Fax (808) 935.86;2
April 16, 1997
Honorable Dominic Yagong
Chairman, Committee on Public Works
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Yagong and Members:
RE: Communication 229: Basil's Pizzeria
The Department of Liquor Control is opposed to the application
by Basil's Pizzeria (Basils) for a sidewalk use permit.
Khalid Mohammed, dba Basil's Pizzeria, is the lessee and
holder of a Restaurant Beer and Wine liquor license. (For your
information, Moustafa Mohamed, the author of the letter of request,
is not the owner but, is the manager of Basils.) A primary
qualification for this class of liquor license is that 30$ percent
of the establishment's gross revenues must be derived from the sale
of foods. That being so, the liquor commission's jurisdiction
extends not only to the offering of liquor but, also, to the
offering of food service.
Our interest in this request is that Basils is required to
obtain approval from the liquor commission for an increase to the
licensed premises pursuant to Section 281-39, Hawaii Revised
Statutes which is specific in defining the area of the licensed
premises within which a licensee conducts business. We advise you
that such a request will elicit a negative response from this
department. Basil's current licensed premises, as approved by the
Liquor Commission, is only for the designated area on the enclosed
sketch.
The 'liquor licenses comes with strict lawn which must 'a~
complied with and should not be adjusted just for business
viability when such adjustment is contzaiy to law or thc~ intent of
law. The department will recommend that the commission deny this
application based on the following: oZo~9,~~0
Ra,
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~f. Date I4AY 0 5 1987;
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Committee on Public Works
Comm. 229, Basils
Page 2
1. Section 281-78 (a) clearly states that no liquor shall be
consumed on a public sidewalk. The commission would be
remiss if it grants an increase of a licensed premises to a
public sidewalk, contrary to the intent of Chapter 281. Even
if the licensee indicates it will not serve liquor, the
increased area would still be a licensed premises and subject
to compliance to liquor laws.
2. Pursuant to Rule 4-2-7 of the Rules and Regulations of
the Liquor Commission, the application for an increase of the
premises further requires that the applicant have full
possession and control of the premises. As is currently
presented, the proposal appears to only seek use of the area,
and mention is made that the county be named an additional
-insured. There is no document, such as a lease, which
indicates that Basils has full possession or control of the
premises.
3. In all dealings by our department which relate to county
property, a primary goal for any action we take is to minimize
county liability. A liquor licensee is governed by a myriad
of laws which extends greater liability to a liquor licensee
than many other businesses. We have investigated incidents
which have been the basis of civil suits, even though there
has been no apparent liquor violation. Examples which are
common to licensed premises include injuries to persons based
on disorderly conduct or conduct by an intoxicated person,
whether or not the intoxicated person consumed liquor on the
premises. We believe that the county and its taxpayers should
not be subjected to extended liability which may stem from the
private use of a public sidewalk. The consideration of this
request for use of a premises may set an undesirable precedent
for other properties adjacent to county property who may
desire like standing.
We respectfully request that you deny the request as stated in
Communication 229.
Sincerely,
Janice A. Pakele
JA:~:s
enc:.
cc. Richard Wurdeman, Corporation Counsel
Liquor Commission
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Re-inspection 9/01/95
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