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Home My WebLink About2019-05-30 Liquor Adjudication Board AgendaHarry Kim Mayor Wilfred M. Okabe Managing Director County of Hawaii LIQUOR ADJUDICATION BOARD Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii 96720-4261 (808) 961-8218 • Fax (sos) 961-8684 E -Mail: cohdlcghawaiicounty.gov 05/23/2019 w� A.A. AIM Gerald A. Takase Director Geraldine Giffin, Chair Riley Smith, Vice Chair Dwayne Mukai, Board Member Andi Pawasarat, Board Member Art Taniguchi, Board Member DATE: Thursday, May 30, 2019 TIME: 10:00 A.M. PLACE: Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii AGENDA I. Call to Order II. Approval of Minutes III. Hearings 1. CASE NO. 2019-001 (10:00 A.M.) In the Matter of the Accusation Against Seven -Eleven Hawaii, Inc., dba 7 -Eleven Stores (Pahoa) #54209, located at 15-2875 Government Road, Pahoa, Hawaii. Informal Hearing (Alternative 1) on violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to have a Person in Active Charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws. 2. CASE NO. 2019-002 (10:00 A.M.) In the Matter of the Accusation Against Volcano Grill & Bar LLC, dba Volcano Grill, located at 75-5799 Alii Drive, Unit 1 & 2, Kailua-Kona, Hawaii. Formal Hearing (Alternative III) on violation of Rule 3-6(A)(4) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii. Hawaii County is an Equal Opportunity Provider and Employer 05/23/2019 w� A.A. AIM 3. CASE NO. 2019-003 (10:00 A.M.) In the Matter of the Accusation Against Royal Jade Garden, Limited Liability Company, dba Royal Jade Garden, located at the Lanihau Center, 75-5595 Palani Road, Store No. A-9, Kailua-Kona, Hawaii. COUNT 1 Informal Hearing (Alternative II) on violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to have a Person in Active Charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws. COUNT 2 Informal Hearing (Alternative II) on violation of Rule 5-3 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to have a current list of persons in active charge of the premises posted within the licensed premises. 4. CASE NO. 2019-004 (10:00 A.M.) In the Matter of the Accusation Against Paniolo Country Inn, Inc., dba Paniolo Country Inn, located at 65-1214 Lindsey Road, Kamuela, Hawaii. COUNT 1 Informal Hearing (Alternative II) on violation of Rule 3-6(D) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit its Final Liquor Inventory Report. COUNT 2 Informal Hearing (Alternative II) on violation of Rule 3-6(A)(3) and/or (4) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit its Final Report of Gross Liquor Sales. COUNT 3 Informal Hearing (Alternative II) on violation of Rule 3-6(C) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit its payment of percentage fees due for the license year. 2 05/23/2019 w� A.A. AIM COUNT 4 Informal Hearing (Alternative II) on violation of Hawaii Revised Statutes Section 281-3, as amended, for sale of liquor without a valid license. COUNT 5 Informal Hearing (Alternative II) on violation of Hawaii Revised Statutes Section 281-3, as amended, for sale of liquor without a valid license. COUNT 6 Informal Hearing (Alternative II) on violation of Hawaii Revised Statutes Section 281-3, as amended, for sale of liquor without a valid license. 5. CASE NO. 2019-005 (10:00 A.M.) In the Matter of the Accusation Against JKGS Corporation, dba Al Vicolo Italian Restaurant, located at 61-3642 Kawaihae Road, Kamuela, Hawaii. COUNT 1 Formal Hearing (Alternative III) on violation of Rule 1.8 of the Rules and Regulations of the Liquor Adjudication Board; Rule 1-15 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii; and Hawaii Revised Statues § 281-917 as amended, for failure to comply with the Decision and Order of the Liquor Adjudication Board in Case No. 2018-011, dated and issued March 21, 20197 and returned undeliverable by certified mail on April 29, 2019, in violation of Rule 1.8 of the Rules and Regulations of the Liquor Adjudication Board; Rule 1-15 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii; and Hawaii Revised Statues § 281-91, as amended. COUNT 2 Formal Hearing (Alternative III) on violation of Rule 5-11 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for closing its licensed premises without first notifying the Department in writing of the intention to do so. COUNT 3 Formal Hearing (Alternative III) on violation of Rule 5-12 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to immediately surrender its liquor license to the Department. 3 05/23/2019 w� A.A. AIM COUNT 4 Formal Hearing (Alternative III) on violation of Rule 3-6(D) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit its Final Liquor Inventory Report. COUNT 5 Formal Hearing (Alternative III) on violation of Rule 3-6(A)(3) and/or (4) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit its Final Report of Gross Liquor Sales. COUNT 6 Formal Hearing (Alternative III) on violation of Rule 3-6(C) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to submit its payment of percentage fees due for the license year. IV. Unfinished Business V. New Business VI. Announcements Meetings of Liquor Adjudication Board June 20, 2019, TBD July 18, 2019, TBD VII. Adjournment Anyone who requires an auxiliary aid/service, or other reasonable accommodation due to a disability, please contact the Department of Liquor Control at (808) 961-8218 as soon as possible, but no later than five working days prior to the meeting date, to arrange for accommodations. If a response is received after the five days, we will try �J to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. 0