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HomeMy WebLinkAbout2020-06-04 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — June 4, 2020 WEBEX 1. Call To Order The meeting was called to order by Chair Claude Onizuka at 10:00 A.M., via WebEx (tele/video conferencing). The following were present and constituted a quorum: Commissioners: Claude Onizuka, Chair Michael Hughes, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Ronald Ibarra, Commissioner Dawn Raymond, Commissioner Allen Salave`a, Commissioner Paula Thomas, Commissioner Absent and Excused: None Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Dorsi Lim, Secretary to the Board & Commission Onizuka: I'd like to call the Liquor Commission meeting of the Department of Liquor Control, County of Hawaii, to order. The time now is 10:00 A.M. If you are participating, set your device microphone to mute. We are conducting this meeting virtually via WebEx. Some of us have both audio and video. Some of us have just audio. Onizuka: We are recording this meeting so please remember a couple of things: 1) speak one at a time so that the recording remains very clear; 2) if you want to speak, unmute your microphone, state your name, proceed with your statement or question, and when done speaking, please mute your microphone. We will now do a roll call to determine who is present for this meeting. Please say present when your name is called. We'll have Dorsi do the roll call. Due to technical difficulties, roll call was taken by Director Gerald Takase. r Takase: Chairman Onizuka? Onizuka: Present. Takase: Vice Chairman Mike Hughes? Hughes: Present. Takase: Commissioner Arakaki? Arakaki: Present. Takase: Commissioner Greenwell? Greenwell: Present. Takase: Commissioner Ibarra? Ibarra: Present. Takase: Commissioner Raymond? Raymond: Present. Takase: Commissioner Salave'a? Salave`a: Present. Takase: Commissioner Thomas? Thomas: Present. Takase: Others present are myself, Gerald Takase; Administrative Officer Brandon Gonzalez; Corporation Counsel Craig Masuda; Licensing Officer Stacie Waltjen; and Secretary Dorsi Lim. II. Approval of Minutes Onizuka: The minutes of May 7, 2020, is being prepared. We'll move on to the next item which is Approval of Addendum and/or Supplemental Agenda. III. Approval of Addendum and/or Supplemental Agenda Takase: Mr. Chairman, we have one addendum to the agenda. Pursuant to Section 92-7, JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 2 Hawaii Revised Statutes, as amended, Item 1 is the proposed amendment to the agenda and has been determined not to be of reasonably major significance nor does it affect a significant number of persons, and is proposed for placement on the agenda by two-thirds vote of the Commission. Item 1 to Unfinished Business is Application No. 18-21, Pacific Aqua Beverages, LLC, dba Hilo Brewing Company for review and discussion and to adopt the Findings of Fact, Conclusions of Law, and Decision and Order. Onizuka: Thank you. Commissioners, I need a motion to add Item 1 to Unfinished Business as stated. Greenwell: I make the motion to add Item 1. Raymond: I'll second it. Mr. Greenwell moved to approve the addendum to the agenda; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? If not, we'll need a roll call vote. Dorsi, will you do a roll call vote, please? Takase: Mr. Chairman, I'll do the roll call vote since she has technical difficulties. Commissioner Arakaki? Arakaki: Aye. Takase: Commissioner Greenwell? Greenwell: Aye. Takase: Commissioner Hughes? Hughes: Aye. Takase: Commissioner Ibarra? Ibarra: Aye. Takase: Commissioner Raymond? Raymond: Aye. Takase: Commissioner Salave`a? Salave`a: Aye. Takase: Commissioner Thomas? JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 3 Thomas: Aye. Takase: Chair Onizuka? Onizuka: Aye. Takase: We have eight Ayes. Onizuka: Motion is carried. Thank you. Moving on to Item No. IV. IV. Public Statements on Agenda Items Onizuka: Due to the COVID-19 pandemic and the Governor's orders to stay at home and practice social distancing, the public was instructed to submit public testimony in writing by email or fax by noon on Wednesday, June 3, 2020. All written testimony, regardless of time of receipt, will be made a part of the permanent record for each application. V. Public Hearings Onizuka: Moving on to Item V., Public Hearings, Application No. T19-31, Item 2, Application No. T19-32, and Item 3, Application No. T19-33. We'll take them together since the applications are all for the sale and transfer of the liquor licenses, currently held by Hilton Grand Vacations Company, LLC, dba The Bay Club Cafe, dba Hilton Grand Vacations Club at Waikoloa Beach Resort, and dba Kings' Land by Hilton Grand Vacations Club, to Hilton Grand Vacations Management, LLC, with the same trade names. APPLICATION NO.: T19-31 (10:06 A.M.) APPLICANT: Hilton Grand Vacations Management, LLC TRADE NAME: The Bay Club Caf6 PLACE OF BUSINESS: 69-450 Waikoloa Beach Drive, Waikoloa, Hawai'i TMK: 6-9-007:031 LICENSE APPLIED FOR: Sale and Transfer of the Dispenser General liquor license, Category A, currently held by Hilton Grand Vacations Company, LLC 2. APPLICATION NO. APPLICANT: TRADE NAME: PLACE OF BUSINESS TMK: LICENSE APPLIED FOR: T19-32 (10:06 A.M.) Hilton Grand Vacations Management, LLC Hilton Grand Vacations Club at Waikoloa Beach Resort 69-550 Waikoloa Beach Drive, Waikoloa, Hawai'i 6-9-007:032 Sale and Transfer of the Dispenser General liquor license, Category B2, currently held by Hilton Grand Vacations Company, LLC JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 4 3. APPLICATION NO.: T19-33 (10:06 A.M.) APPLICANT: Hilton Grand Vacations Management, LLC TRADE NAME: Kings' Land by Hilton Grand Vacations Club PLACE OF BUSINESS: 69-699 Waikoloa Beach Drive, Waikoloa, Hawaii TMK: 6-9-008:012 LICENSE APPLIED FOR: Sale and Transfer of the Dispenser General liquor license, Category A, currently held by Hilton Grand Vacations Company, LLC Katherine Garson, Esq., and Robert Gunther, Vice President of Resort Operations (Hawaii), were present. Garson: Good morning, Chair Onizuka and members of the Commission. Katherine Garson from Carlsmith Ball for the applicant Hilton Grand Vacations Management, LLC. Also present is Rob Gunther, the area Vice President of Resort Operations for Hilton Grand Vacations in Hawaii. Onizuka: Thank you. Are there any changes to the report that was filed? Garson: No. Onizuka: Thank you. Can you briefly describe the business, please? Garson: Sure, all three are basically cafes that serve late lunches and dinners. Onizuka: Thank you. Mr. Director, any report of protests? Takase: Mr. Chairman, this is a sale and transfer. There were no notices mailed, however, publication was made of the sale and transfers. There were no protests to the applications. Onizuka: Thank you. Do we have any public testimony on these applications? There was no public testimony. Onizuka: Hearing none, Commissioners, discussion, questions? There was no discussion or questions from the Commissioners. Onizuka: Hearing none, call for a motion to close the public hearing. Greenwell: I make the motion to close the public hearing for all three items. Thomas: Second. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES rte, Mr. Greenwell moved to close the public hearing; seconded by Ms. Thomas. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor of closing the public hearing say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The public hearing is closed. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny the three applications. Ibarra: I move to approve Application Nos. T19-31, T19-32, and T19-33, pending receipt of State tax clearance and final inspections. Raymond: I'll second it. Mr. Ibarra moved to approve Application Nos. T19-31, T19-32, and T19-33, Hilton Grand Vacations Management, LLC, dba The Bay Club Cafe, for a sale and transfer of the liquor licenses currently held by Hilton Grand Vacations Company, LLC, to its Dispenser General liquor license, Category A, located at 69-450 Waikoloa Beach Drive, Waikoloa, Hawaii, TMK: 6-9-007:031; dba Hilton Grand Vacations Club at Waikoloa Beach Resort, to its Dispenser General liquor license, Category B2, located at 69-550 Waikoloa Beach Drive, Waikoloa, Hawaii, TMK: 6-9-007:032; and, dba Kings' Land by Hilton Grand Vacations Club, to its Dispenser General liquor license, Category A, located at 69-699 Waikoloa Beach Drive, Waikoloa, Hawaii, TMK: 6-9-008:012; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." JUNE 4, 2020 — LIQUOR COMMISSION MINUTES 6 Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Hearing none, the motion is approved. Thank you. The motion was carried unanimously. Garson: Thank you very much. VI. Preliminary Hearings Onizuka: We'll move on to Preliminary Hearings. Item 1, Application 19-34, JDForsberg, LLC, dba HiCO Hawaiian Coffee, applying for an original Restaurant Beer and Wine liquor license, Category B1. 1. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS TMK: LICENSE APPLIED FOR: 19-34 (10:10 A.M.) JDForsberg, LLC HiCO Hawaiian Coffee 74-5599 Pawai Place, Space B3, Kailua-Kona, Hawaii 7-4-010:018 Original Restaurant Beer and Wine liquor license, Category B1 Johan Forsberg, Owner, was present. Forsberg: Good morning. This is Johan, from HiCo Hawaiian Coffee. I'm the owner of it. Onizuka: They are applying for an original Restaurant Beer and Wine liquor license, Category B1. Do we have a representative? Forsberg: Yes, we do. This is Johan Forsberg, the owner of HiCo Hawaiian Coffee. Onizuka: Do you have any changes to your report? Forsberg: We read through it and it's all good. Onizuka: Can you describe your business, please? Forsberg: We're a coffee shop, cafe that serves breakfast, lunch, dinner, and snacks. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Hearing none, Commissioners, any questions, discussion? JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 7 There were no questions or discussion from the Commissioners. Onizuka: Hearing none, call for a motion to approve or deny Application No. 19-34; if approved, public hearing to be held on August 6, 2020, in Kona, Hawaii. Hughes: So move. Greenwell: Second. Mr. Hughes moved to approve Application No. 19-34, JDForsberg, LLC, dba HICO Hawaiian Coffee, for an original Restaurant Beer and Wine liquor license, Category B1, located at 74-5599 Pawai Place, Space B3, Kailua-Kona, Hawaii, TMK: 7-4-010:018; if approved, public hearing to be held on August 6, 2020, in Kona; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you very much. The motion was carried unanimously. Onizuka: Moving on, Item 2, Application No. 19-35, Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122, applying for an original Dispenser General liquor license, Category B2. 2. APPLICATION NO.: 19-35 (10:12 A.M.) APPLICANT: Christopher Camero Memorial VFW Post 12122 TRADE NAME: VFW Post 12122 PLACE OF BUSINESS: 74-5543 Kaiwi Street, Suite 3 -Al 85a and TMK: LICENSE APPLIED FOR: Onizuka: Do we have a representative? JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 3-A185b, Kailua-Kona, Hawaii 7-4-010:016 Original Dispenser General liquor license, Category B2 QQ Takase: Mr. Chairman, I don't see a representative for the VFW, so maybe we can pass it to the end of the agenda. Onizuka: Okay, so we'll move that to the end of the agenda. We'll take up Application No. 19-36, Hilo Farmer's Market, L.L.C., dba Poke N Sides, applying for an original Retail General liquor license. 3. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-36 (10:13 A.M. ) Hilo Farmer's Market, L.L.C. Poke N Sides 57 Mamo Street, Hilo, Hawaii 2-3-009:011 Original Retail General liquor license Keith Dela Cruz, Owner, was present. Onizuka: Do we have a representative, Hilo Farmer's Market? Takase: Yes, Mr. Keith Dela Cruz is here. Dela Cruz: Keith Dela Cruz, Hilo Farmer's Market. Good morning. Onizuka: Good morning. Are there any changes to the report that was filed? Dela Cruz: No. Onizuka: Can you describe the business, please? Dela Cruz: (It's a) very small take-out restaurant located at the Farmer's Market. We sell breakfast and lunch. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Hearing none, Commissioners, questions, discussion? There were no questions or discussion from the Commissioners. Onizuka: Hearing none, call for a motion to approve or deny Application No. 19-36; if approved, public hearing to be held on August 6, 2020, in Kona. Thomas: I move to approve Application No. 19-36; if approved, public hearing to be held on August 6, 2020, in Kona, Hawaii. Hughes: I'll second that. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 9 n Ms. Thomas moved to approve Application No. 19-36, Hilo Farmer's Market, L.L.C., dba Poke N Sides, for an original Retail General liquor license, located at 57 Mamo Street, Hilo, Hawaii, TMK: 2-3-009:011; if approved, public hearing to be held on August 6, 2020, in Kona, Hawaii; seconded by Mr. Hughes. Onizuka: Thank you. Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Hearing none, motion carried. Thank you. The motion was carried unanimously. Onizuka: Item 4, Application No. 19-37, KHI, Inc., dba Waiakeawaena Texaco, applying for a Change in Kind to General, from its Retail Beer and Wine liquor license, and an Application for Increase in Licensed Premises. 4. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-37 (10:15 A.M.) KHI, Inc. Waiakeawaena Texaco 2188 Kino`ole Street, Hilo, Hawai'i 2-2-041:068 Change in Kind to General, from its Retail Beer and Wine liquor license; and an Application for Increase in Licensed Premises, located at 2188 Kindole Street, Hilo, Hawai'i Kent Inouye, Owner, was present. Onizuka: Do we have a representative? Takase: Mr. Chairman, we have one unidentified party on, but if they don't answer... Stacie's trying to make contact with Waiakeawaena Texaco, as well, so we can pass that and go on to Kuhio Grille. Onizuka: Okay, we'll come back to this application. (Item 5) Application No. T19-38, JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 10 ri n Waipi`o Valley Trading Co., Inc., dba Kuhio Grille, applying for a Sale and Transfer of the Dispenser General liquor license, Category B2 and D, currently held by Liko Lehua, LLC, dba Liko Lehua Cafe. 5. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T19-38 (10:16 A.M.) Waipi`o Valley Trading Co., Inc. Kuhio Grille 80 Pauahi Street, Hilo, Hawaii 2-2-012:012 Sale and Transfer of the Dispenser General liquor license, Category B2 and D, currently held by Liko Lehua, LLC, dba Liko Lehua Cafe Samuel Araki, President; and, Shannon Araki, Director, were present, Onizuka: Representative present? Araki: Yes. Onizuka: Can you introduce yourself and your relationship to the business? Araki: My name is Sam Araki. I'm the owner, and (this is) my daughter, Shannon Araki. Shannon: Hi, good morning. Onizuka: Good morning. Shannon: We are a full-service restaurant. Onizuka: Are there any changes to the report that was filed? Shannon: Yes. Would we be able to take off the Category D, the hostess category? Takase: Shannon, you want to remove the Category D? Shannon: Yes. Takase: So noted. Onizuka: Thank you. Can you describe your business, please? Shannon: Full-service, dine -in restaurant. Onizuka: Do we have any public testimony on this application? Ross: Good morning, everyone. This is Dale Ross. I just finally got through. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 11 Takase: Mr. Ross, we are on another item, so we'll get to... Ross: All right, thank you. There was no public testimony. Onizuka: Hearing no public testimony on this application, Commissioners, questions, discussion? There were no questions or discussion from the Commissioners. Onizuka: Hearing none, call for a motion to approve or deny Application No. T19-38; if approved, public hearing to be held on August 6, 2020, in Kona. Hughes: Motion to approve Application No. T19-38. Raymond: I'll second it. Mr. Hughes move to approve Application No. T19-38, Waipi`o Valley Trading Co., Inc., dba Kuhio Grille, for a sale and transfer of the Dispenser General Liquor license, Category B2 and D, currently held by Liko Lehua, LLC, dba Liko Lehua Cafe, located at 80 Pauahi Street, Hilo, Hawaii, TMK: 2-2-012:012; if approved, public hearing to be held on August 6, 2020, in Kona, Hawaii; seconded by Ms. Raymond. Onizuka: Thank you. Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, move on to vote. All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Shannon: Thank you. Takase: Mr. Chairman, we can go back to Item 2 under Preliminary Hearings. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 12 Onizuka: Item No. 2, Application No. 19-35, Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122, applying for an original Dispenser General liquor license, Category B2. 2. APPLICATION NO.: 19-35 (10:22 A.M.) APPLICANT: Christopher Camero Memorial VFW Post 12122 TRADE NAME: VFW Post 12122 PLACE OF BUSINESS: 74-5543 Kaiwi Street, Suite 3 -Al 85a and 3 -Al 85b, Kailua-Kona, Hawai'i TMK: LICENSE APPLIED FOR: 7-4-010:016 Original Dispenser General Category B2 liquor license, Dale Ross, Senior Vice Commander, VFW Post 12122, was present. Onizuka: Do we have a representative? Ross: Yes, I'm Dale Ross. Onizuka: Can you introduce yourself again and your relationship to this application? Ross: I'm the Senior Vice Commander at the VFW Post 12122. Onizuka: Thank you. Are there any changes to the report that was filed in the Department? Ross: Yes, sir. One change has occurred. One of our trustees has resigned. It's Don (Donald E.) Gainey and the reason is he has some kind of a medical issue and had to return to the mainland. Onizuka: Thank you. Can you briefly describe the business? Mr. Ross? Ross: Yes. Onizuka: Can you briefly describe your business at the VFW? Ross: Basically, we operate like a restaurant, although we have various other functions that occur there. We've got a Coast Guard group that comes in and does their testing there. We try to rent our hall out to, in the public interest, anybody that would like to come in there. We have dances, occasionally. We've had representatives of various political parties come in. We don't subscribe to any particular party, but we're open for business, and they like to meet there. I'll entertain any questions anybody has about what we're doing. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 13 Ate. Onizuka: Hearing none, Commissioners, questions, discussion? Thomas: I just have a general question. You're just going to start being able to dispense alcohol at events? Is that the reason for the license request? Ross: Yes, that's primarily the reason. Ibarra: I have another general question to, maybe, Counsel or Gerald. Do we need to take any action on the change in the application? Takase: No, we will take him off of the reports. Ibarra: Okay. Onizuka: Other questions, discussion? There were no other questions or discussion from the Commissioners. Onizuka: Hearing none, call for approval or denial of Application No. 19-35; if approved, public hearing to be held on August 6, 2020, in Kona. Thomas: I move to approve Application No. 19-35, and if approved, public hearing to be held on August 6, 2020, in Kona. Hughes: I'll second it. Ms. Thomas moved to approve Application No. 19-35, Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122, for an original Dispenser General liquor license, Category B2, located at 74-5543 Kaiwi Street, Suite 3-A185a and 3-A185b, Kailua-Kona, Hawaii, TMK: 7-4-010:016; if approved, public hearing to be held on August 6, 2020, in Kona; seconded by Mr. Hughes. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 14 The motion was carried unanimously. Takase: Mr. Chairman, I believe Kent Inouye is on the line, now. We can take up that application, which is... Waltjen: Number four. Gonzalez: Item No. 4, Application No. 19-37. Onizuka: Going back to Application No. 19-37, KHI, Inc., dba Waiakeawaena Texaco, applying for a Change in Kind to General, from its Retail Beer and Wine liquor license, and an Application for Increase in Licensed Premises. 4. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-37 (10:25 A.M.) KHI, Inc. Waiakeawaena Texaco 2188 Kino`ole Street, Hilo, Hawaii 2-2-041:068 Change in Kind to General, from its Retail Beer and Wine liquor license, and an Application for Increase in Licensed Premises, located at 2188 Kino`ole Street, Hilo, Hawaii Kent Inouye, Owner, was present. Onizuka: Could we have the representative, please? Inouye: Kent Inouye. Onizuka: Thank you. State your relationship to the business. Inouye: I'm the owner. Onizuka: Thank you. Are there any changes to the report that you filed with the Department? Inouye: No. Onizuka: Can you describe your business, please? Inouye: We're a gas station and convenience store. We also have a commercial kitchen. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 15 Onizuka: Hearing none, Commissioners, any questions, discussion? There were no questions or discussion from the Commissioners. Onizuka: Hearing none, call for a motion to approve or deny Application No. 19-37; if approved, public hearing to be held on August 6, 2020, in Kona. There was no response from the Commissioners. Onizuka: Call for a motion. Greenwell: I make the motion to approve Application No. 19-37; and, if approved, public hearing to be held on August 6, 2020, in Kona. Raymond: I'll second. Mr. Greenwell moved to approve Application No. 19-37, KHI, Inc., dba Waiakeawaena Texaco, for a Change in Kind to General, from its Retail Beer and Wine liquor license, and an Application for Increase in Licensed Premises, located at 2188 Kino`ole Street, Hilo, Hawaii, TMK: 2-2-041:068; if approved, public hearing to held on August 6, 2020, in Kona; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. VII. Unfinished Business (10:29 A.M.) Onizuka: We have unfinished business that was added (to the agenda). 1. Application No. 18-21, Pacific Aqua Beverages, LLC, dba Hilo Brewing Company for review and discussion and to adopt the Findings of Fact, Conclusions of Law, and Decision and Order. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 16 Takase: Mr. Chairman, we distributed, to all the Commissioners, a copy of the proposed Findings of Fact, Conclusions of Law, Decision and Order. This was just memorializing the vote that took place last month regarding Hilo Brewing Company's Hakalau operation. Masuda: Mr. Chairman and members of the Commission, and to the Department, I apologize for such short notice on getting this. It was turned in late by me and that's why you got it late. Takase: Mr. Chairman, if there are no objections to it, we can move to adopt. Onizuka: Commissioners, any questions? There were no questions from the Commissioners. Onizuka: If not, call for a motion to adopt. Hughes: Motion to adopt this document. Raymond: I'll second it. Mr. Hughes moved to adopt the proposed Findings of Fact, Conclusions of Law, and Decision and Order for Application No. 18-21, Pacific Aqua Beverages, LLC, dba Hilo Brewing Company, for an original Small Craft Producer Pub liquor license, Category B1, located at 29-2306 Old Mamalahoa Highway, Bldg., A, Hakalau, Hawaii; TMK: 2-9-002:079; seconded by Ms. Raymond. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. VIII. New Business Onizuka: We move on to New Business. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 17 1. Aloha Petroleum, Ltd., dba Aloha Island Mart (Captain Cook), dba Aloha Island Mart (Henry Street), dba Aloha Island Mart (Honalo), dba Aloha Island Mart (Waiakea), dba Aloha Island Mart (Waimea), dba Aloha Island Mart Kailua-Kona, dba Aloha Island Mart Keauhou, and dba Aloha Island Mart Kona, acceptance of the notice of the change in officers/directors as primary decision -makers as follows: removal of Thomas Alan Grimes and Robert Wai Fung as primary decision -makers, effective April 2, 2020, and May 1, 2020, respectively; • addition of Timothy Stephen Lum as primary decision -maker, effective May 1, 2020; and, the Personal History and Affidavit for Timothy Stephen Lum, by letter dated May 12, 2020, to its Retail General liquor licenses. Onizuka: Call for a motion. Hughes: Motion to approve. Arakaki: Second. Mr. Hughes moved to approve the notice of the change in officers/directors as primary decision -makers submitted by Aloha Petroleum, Ltd., dba Aloha Island Mart (Captain Cook), dba Aloha Island Mart (Henry Street), dba Aloha Island Mart (Honalo), dba Aloha Island Mart (Waiakea), dba Aloha Island Mart (Waimea), dba Aloha Island Mart Kailua-Kona, dba Aloha Island Mart Keauhou, and dba Aloha Island Mart Kona, with the removal of Thomas Alan Grimes and Robert Wai Fung as primary decision -makers, effective April 2, 2020, and May 1, 2020, respectively; the addition of Timothy Stephen Lum as primary decision -maker, effective May 1, 2020; and, the Personal History and Affidavit for Timothy Stephen Lum, by letter dated May 12, 2020, to its Retail General liquor licenses; seconded by Mr. Arakaki. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 18 There was no opposition by the Commissioners. Onizuka: Motion is carried. Thank you. The motion was carried unanimously. Onizuka: 2. Kona Crust, LLC, dba Kona Crust Pizza, approval to extend the time issuance, for good cause shown, of its approved Beer and Wine liquor license, Category A, located at 74-5586 Palani Road, Space #7, Kailua-Kona, Hawai'i, for an additional six months, from July 3, 2020, to and including January 3, 2021, by letter dated April 27, 2020. I think there is a letter in the file. Takase: Mr. Chair, basically, the owner, Mr. Rennell Saro, filed a letter with us saying they have completed pretty much all of their improvements. They just need to get the Building Department inspectors out to approve it. That's the delay right now. We have no objection to the extension of time for approval (issuance). Masuda: Mr. Chairman, should the Commission decide to approve this request, I ask that a finding of good cause be made and that the reason for the good cause be stated within the motion, please. Onizuka: Call for a motion to approve or deny the request; if recommending approval, please state the reason for your approval. Greenwell: I make the motion for approval, finding the good cause being the letter referenced of April 27, 2020, to the Liquor Commission from Kona Coast. Thomas: Crust? Greenwell: Kona Crust, excuse me. Hughes: I'll second that. Mr. Greenwell moved to approve the request submitted by Kona Crust, dba Kona Crust Pizza, to extend the time issuance, for good cause shown by letter dated April 27, 2020, of its approved Restaurant Beer and Wine liquor license, Category A, located at 74-5586 Palani Road, Space #7, Kailua-Kona, Hawaii, for an additional six months, from July 3, 2020, to and including January 3, 2021; seconded by Mr. Hughes. Onizuka: Moved and seconded, discussion? Question to Counsel, do we have to put in there that the pandemic and the flow of the workforce for the County for inspections has delayed the application? JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 19 r rmo Masuda: You can simply say that it's a delay in getting the permits from the County. Onizuka: Thank you. Any other discussion? There was no other discussion from the Commissioners. Onizuka: We will be voting on the approval of the request to extend and the reason is due to delay in obtaining approval of the County on the inspections. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was approved unanimously. Onizuka: 3. Accor Management US Inc., dba The Fairmont Orchid, Hawaii, acceptance of the notice of change of officers as follows: • resignation of Celine Depuis, CFO, North & Central America and Treasurer, effective January 31, 2020; • appointment of Geraldine Anne Glasbergen Wright as CFO, North- & Central America and Treasurer, and Christopher Thomas McAdam as Vice President, Legal Counsel, North & Central America, effective January 28, 2020; and, the Personal History and Affidavit for Geraldine Anne Glasbergen Wright, CFO, North & Central America and Treasurer; and Christopher Thomas McAdam, Vice President, Legal Counsel, North & Central America, effective January 28, 2020, by letter received May 6, 2020, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawai'i. Onizuka: Call for a motion. Hughes: Motion to approve. Greenwell: Second. Mr. Hughes moved to approve the notice of change of officers/directors submitted by Accor Management US Inc., JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 20 dba The Fairmont Orchid, Hawaii, with the resignation of Celine Depuis, CFO, North & Central America, and Treasurer, effective January 31, 2020; appointment of Geraldine Anne Glasbergen Wright as CFO, North & Central America, and Treasurer, and Christopher Thomas McAdam as Vice President, Legal Counsel, North & Central America, effective January 28, 2020; and, the Personal History and Affidavit for Geraldine Anne Glasbergen Wright, CFO, North & Central America and Treasurer; and Christopher Thomas McAdam, Vice President, Legal Counsel, North & Central America, effective January 28, 2020, by letter received May 6, 2020, to its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any other discussion? There was no other discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Hearing none, motion carried. Thank you. The motion was carried unanimously. Onizuka: 4. Hawaiian Food Services Group L.L.C., dba Kaimu Korner Store, approval of the proposed changes to the LLC, with the withdrawal of Michael J. Silva, Member; and, admission of Zion Timshel, Member, effective April 20, 2020, to its Retail General liquor license, located at 12-5032 Pahoa Kalapana Road, Pahoa, Hawaii. Hughes: Motion to approve. Raymond: Second. Mr. Hughes moved to approve the proposed changes to the LLC submitted by Hawaiian Food Services Group L.L.C., dba Kaimu Korner Store, with the withdrawal of Michael J. Silva, Member; and, admission of Zion Timshel, Member, effective April 20, 2020, to its Retail General liquor license, located at 12-5032 Pahoa Kalapana Road, Pahoa, Hawaii; seconded by Ms. Raymond. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 21 Onizuka: Moved and seconded that we approve. Do we have any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was approved unanimously. Onizuka: 5. Foodland Super Market, Limited, dba Foodland Super Market — Waimea, dba Foodland Farms, dba Foodland (Keaau), dba Sack `N Save (Kinoole), dba Sack `N Save (Kona), dba Sack `N Save (Puainako), acceptance of the notice of change of director, with the appointment of Patrick Joseph Sullivan as Director, effective April 15, 2020, to its Retail General liquor licenses. Raymond: Move to accept. Hughes: Second Ms. Raymond moved to accept the notice of change of director submitted by Foodland Super Market, Limited, dba Foodland Super Market Waimea, dba Foodland Farms, dba Foodland (Keaau), dba Sack `N Save (Kinoole), dba Sack `N Save (Kona), dba Sack `N Save (Puainako), with the appointment of Patrick Joseph Sullivan as Director, effective April 15, 2020, to its Retail General liquor licenses. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 22 Onizuka: Motion carried. Thank you. The motion was approved unanimously. Onizuka: 6. The Other Bar LLC, dba Hilo Town Tavern, approval of Application for Change of Class to a Class 2 Restaurant liquor license from its Dispenser General liquor license, Category B2, located at 168 Keawe Street, Hilo, Hawaii. Greenwell: Mr. Chair, should that be on approval of the application? Is that what we're doing? Onizuka: Yes, we're approving the application. Greenwell: Move to approve. Hughes: I'll second. Mr. Greenwell moved to approve the Application for Change of Class to a Class 2 Restaurant liquor license submitted by The Other Bar LLC, dba Hilo Town Tavern, from its Dispenser General liquor license, Category B2, located at 168 Keawe Street, Hilo, Hawaii, seconded by Mr. Hughes. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was approved unanimously. Onizuka: 7. Gene M. Ceria, ratification of Application for Individual Importation of Liquor Permit for 5.04 liters of Sake (Hirase Brewery) and 720 ml of Plum Wine (Hirase Brewery) as a single shipment of liquor not available in the State of Hawaii, approved by Director Gerald Takase on May 15, 2020. Thomas: Move to ratify. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 23 r Arakaki: Second. Ms. Thomas moved to ratify the Application for Individual Importation of Liquor Permit for 5.04 liters of Sake (Hirase Brewery) and 720 ml of Plum Wine (Hirase Brewery) as a single shipment of liquor not available in the State of Hawaii, submitted by Gene M. Ceria, approved by Director Gerald Takase on May 15, 2020; seconded by Mr. Arakaki. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was approved unanimously. Onizuka: 8. Nicholas Way, ratification of Application for Individual Importation of Liquor Permit for six liters of wine (Pride Mountain Winery) and three liters Texas Tequila as a single shipment of liquor not available in the State of Hawaii, approved by Director Gerald Takase on May 21, 2020. Thomas: Move to ratify. Arakaki: Second. Ms. Thomas moved to ratify the Application for Individual Importation of Liquor Permit for six liters of wine (Pride Mountain Winery) and three liters Texas Tequila as a single shipment of liquor not available in the State of Hawaii, submitted by Nicholas Way, approved by Director Gerald Takase on May 21, 2020; seconded by Mr. Arakaki. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 24 Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Onizuka: 9. Kuleana Spirits, Inc., dba Kuleana Rum Works, dba Kuleana Rum Shack, acceptance of the change in officer/director with the resignation of Christopher D. Schlarb, Member, effective August 1, 2019, received on May 21, 2020, to its Small Craft Producer Pub liquor licenses, Category A, located at 61-3270 Maluokalani Street, #B6, Kawaihae, Hawai'i; and, Category B1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6, and H7, Waikoloa, Hawai'i, respectively. Raymond: Move to accept. Greenwell: Second. Ms. Raymond moved to accept the change in officer/director, submitted by Kuleana Spirits, Inc., dba Kuleana Rum Works, dba Kuleana Rum Shack, with the resignation of Christopher D. Schlarb, Member, effective August 1, 2019, received on May 21, 2020, to its Small Craft Producer Pub liquor licenses, Category A, located at 61-3270 Maluokalani Street, #B6, Kawaihae, Hawaii; and, Category B1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6, and H7, Waikoloa, Hawaii, respectively; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any discussion? Thomas: I have a question. Is there any reason why you were notified months later? It (says) August 2019, it's almost a year late, err... nine months late. Did they not know that they need to do that? I'm just curious. Takase: What happened was that we caught up on that as we were getting ready for the renewals and we were looking at the DCCA filings. But in this case where they just resigned and didn't replace him with anybody, it's not that critical to us. Thomas: Oh, okay. Thank you. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 25 IP -1 1-1� Onizuka: Any other discussion? There was no other discussion from the Commissioners. Onizuka: If not, all those in favor say, 'Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Onizuka: 10. Mo's Fish and Chips LLC, dba Mohala's Bay Front Fish and Chips, approval of Application for Increase in Licensed Premises to include 46 Waianuenue Avenue, Hilo, Hawai'i, TMK: 2-3-004:004, to its Restaurant Beer and Wine liquor license, Category A, located at 50 Waianuenue Avenue, Hilo, Hawai'i. Takase: Mr. Chairman, we might see a lot of these in the next couple of months. With social distancing, a lot of the restaurants' capacity is being cut to at least half or more. Whereas, typically, the increase in licensed premises would be for a short duration, we've told them that we will allow them to increase their area to allow for outside seating until the restrictions on their seating have been eliminated. We go through it with them as to where they're going to allow seating to make sure that they have authority to access those areas and we are seeing a lot more, especially in the last couple of weeks as they're starting to reopen. Hughes: Move to approve. Thomas: Second. Mr. Hughes moved to approve the Application for Increase in Licensed Premises submitted by Mo's Fish and Chips LLC, dba Mohala's Bay Front Fish and Chips to include 46 Waianuenue Avenue, Hilo, Hawaii, TMK: 2-3-004:004, to its Restaurant Beer and Wine liquor license, Category A, located at 50 Waianuenue Avenue, Hilo, Hawaii; seconded by Ms. Thomas. Greenwell: Gerald, does that have any relation to the cost of their permit? Takase: No, it doesn't. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 26 Onizuka: Any other discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Onizuka: 11. Ocled Pacific LLC, dba Bianelli's Pizza, ratification of Application for Temporary Increase in Licensed Premises to the east end of the outside lanai, for the period of June 1, 2020, through September 30, 2020, approved by Director Gerald Takase on May 26, 2020, to its Restaurant General liquor license, located at the Keauhou Shopping Center, 78-6831 Alii Drive, Space B106, Kailua-Kona, Hawaii. Greenwell: Move to ratify. Raymond: Second. Mr. Greenwell moved to ratify the Application for Temporary Increase in Licensed Premises to the east end of the outside lanai, for the period of June 1, 2020, through September 30, 2020, submitted by Ocled Pacific LLC, dba Bianelli's Pizza, approved by Director Gerald Takase on May 26, 2020, to its Restaurant General liquor license, located at the Keauhou Shopping Center, 78-6831 Alii Drive, Space B106, Kailua-Kona, Hawaii. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 27 There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Onizuka: 12. Special Licenses Issued for Ratification - Request a motion for ratification of Special License, Application No. SP -19-121, Item No. 12(a). Thomas: Is this for the VFW Post 12122? Takase: Yes, it was. He had opened during the "shut down" to do take-out. We had those Special Licenses, since they are a non-profit. What they're coming in for now is to get a permanent license. Ms. Thomas moved to approve the following Special License: a. Application No. SP -19-121, Christopher Camero Memorial VFW Post 12122, dba Christopher Camero Memorial VFW Post 12122, for a Special General liquor license, on May 15, 22, and 29, 2020, for "take-out" only, at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii. The motion was seconded by Mr. Ibarra. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion is carried. Thank you. The motion was approved unanimously. IX. Announcements Meetings of Liquor Commission Onizuka: The next meeting will be on July 2, 2020, at 10:00 A.M. in Hilo, and August 6, 2020, at 10:00 A.M. in Kona, West Hawaii Civic Center. JUNE 4, 2020 - LIQUOR COMMISSION MINUTES 28 Takase: Mr. Chairman, we're anticipating that the stay at home order will be lifted by June 30, so we are anticipating going back to our normal meeting schedule from July 2nd in Hilo. If it doesn't lift, then we will scramble and get everything... Onizuka: Okay. Any other announcements? There were no other announcements. X. Adjournment Onizuka: If not, call for a motion to adjourn. Greenwell: I make the motion to adjourn. Raymond: Second. Mr. Greenwell moved to adjourn; seconded by Ms. Raymond. Onizuka: Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor of adjournment say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Thank you. The meeting is adjourned (motion carried). The motion was carried unanimously. Meeting adjourned at 10:46 A.M. (Ge Id Takase to r The May 7, 2020, and June 4, 2020, Liquor Commission minutes were approved as circulated via email/mail on July 23, 2020, by the Liquor Commission of the County of Hawaii on August 6, 2020. JUNE 4, 2020 — LIQUOR COMMISSION MINUTES 29