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HomeMy WebLinkAbout2020-05-21 Liquor Adjudication Board AgendaHarry Kim Mayor Roy Takemoto Managing Director Liquor Control 05/14/2020 08:49 AM 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 DATE: Thursday, May 21, 2020 TIME: 10:00 A.M. Gerald A. Takase Director Riley Smith, Chair Andi Pawasarat, Vice Chair Dwayne Mukai, Board Member Art Taniguchi, Board Member PLACE: The Liquor Adjudication Board meeting will be conducted via tele/video conference, pursuant to Governor Ige's Supplemental Emergency Proclamation dated March 16, 2020, in order to minimize physical contact and maximize social distancing. This meeting will NOT be conducted at a physical location open to the public. Anyone wishing to provide testimony on an agenda item may do so by submitting it in writing by email or fax. To ensure timely delivery to Board members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to cohdlc@hawaiicounty.gov; or (2) facsimile to (808) 961-8684. When submitting written testimony, please specify what agenda item it is being submitted for (i.e. in the subject line LAB MTG Agenda Item #). All written testimony, regardless of time of receipt, will be part of the permanent record. Thank you for your cooperation and understanding during these challenging times. AGENDA I. Call to Order II. Approval of Minutes III. Hearings 1. CASE NO. 2020-008 (10:00 A.M.) In the Matter of the Accusation Against WHR LLC, dba Sundries Store (The), located at 93 Banyan Drive, Hilo, Hawaii. Informal hearing (Alternative II) on: COUNT 1 violation of Section 281-44(a) of the Hawaii Revised Statutes, as amended, for failure to post a sign in or about the premises containing and notifying all Hawaii County is an Equal Opportunity Provider and Employer Liquor Control 05/14/2020 08:49 AM customers and other persons of the possible sanctions that may be imposed for operating a vehicle under the influence of an intoxicant under Sections 291 E-41 and 291 E-61, more commonly known as a "D.U.I. poster," COUNT 2 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; and, COUNT 3 violation of Rule 5-10(B) 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 post signs regarding (1) illegal sales of alcohol to minors; (2) any signs as required by the Commission; and (3) any other signs required by law. 2. CASE NO. 2020-009 (10:00 A.M.) In the Matter of the Accusation Against Seven -Eleven Hawaii, Inc., dba 7 -Eleven Stores (Keaau) #54284, located at 16-499 Old Volcano Road, Kea`au, Hawaii. Informal Hearing (Alternative 1) on violation of Section 281-78((b)(1)(A) of the Hawaii Revised Statutes, as amended, Sale to a Minor. 3. CASE NO. 2020-007 (10:00 A.M.) In the Matter of the Accusation Against Daylight Mind, Inc., dba Daylight Mind Coffee Company, formerly located at Waterfront Row, 75-5770 Alii Drive, Restaurant 1, Kailua-Kona, Hawaii. 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 by November 15, 2019. IV. Unfinished Business 1. CASE NO. 2020-004 (10:00 A.M.) In the Matter of the Accusation Against Daylight Mind, Inc. dba Daylight Mind, formerly located at the Queens' Marketplace, 69-201 Waikoloa Beach Drive, Space J1, Waikoloa, Hawaii. Further hearing to review, discuss, adopt Findings of Fact, Conclusions of Law, and issue written Findings of Fact, Conclusions of Law, Decision and Order. 2 Liquor Control 05/14/2020 08:49 AM On February 20, 2020, the Licensee was found to be in 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 by November 15, 2019. V. New Business 1. COVID-19 Updates and Actions Discussion regarding the status of the liquor industry and Department actions during the COVID-19 Pandemic Emergency. VI. Announcements Future Meetings of the Liquor Adjudication Board July 16, 2020, 10:00 A.M., location TBA. VII. Adjournment In 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 to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. 3