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HomeMy WebLinkAbout2020-08-06 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — AUGUST 6, 2020 KONA COUNTY COUNCIL CHAMBERS, WEST HAWAII CIVIC CENTER 74-5044 ANE KEOHOKALOLE HIGHWAY, BUILDING A, KAILUA-KONA, HAWAII I. Call To Order The meeting was called to order by Chair Onizuka at 10:01 A.M., in the Kona County Council Chambers, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A, Kailua-Kona, Hawaii. 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 Allen Salave`a, Commissioner Paula Thomas, Commissioner Absent and Excused: Dawn Raymond, Commissioner 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: First of all, this meeting is being recorded. Commissioners, your microphones are not amplified; they're for recording purposes only. This microphone is the only one that is amplified. Please speak clearly and as loud as you can because it's not amplified. At this time, I'd like to remind everyone to put their phones on vibrate or turn them off. We will begin with introductions of Commissioners and staff starting from Dorsi. Lim: Dorsi Lim, Secretary to the Board and Commission. Salave`a: Allen Salave`a, District 6 Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Hughes: Mike Hughes, Commissioner. Onizuka: Claude Onizuka, Commission Chair. Arakaki: Warren Arakaki, Commissioner. Ibarra: Ron Ibarra, Commissioner. Takase: Gerald Takase, Director. Waltjen: Stacie Waltjen, Licensing Officer. Gonzalez: Brandon Gonzalez, Administrative Officer. Masuda: Craig Masuda, Corporation Counsel. II. Approval of Minutes Onizuka: Thank you. Next on the agenda, we have Approval of Minutes that have been circulated. The minutes of May 7 and June 4 were circulated. The July minutes are being prepared. I'm looking for approval of the May and June minutes. Greenwell: I make the motion to approve the May and June minutes. Hughes: I'll second that. Mr. Greenwell moved to approve the minutes of May 7, 2020, and June 4, 2020, as circulated; seconded by Mr. Hughes. Onizuka: Moved and seconded that we approve the minutes as circulated. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor... The Commissioners voted "Aye." Onizuka: Opposed? There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 2 III. Approval of Addendum and/or Supplemental Agenda Onizuka: We do not have anything today. We'll move on to Public Statements on Agenda Items. IV. Public Statements on Agenda Items Onizuka: Do we have any public statements? There were no public statements. Onizuka: Hearing none, we'll move on to Public Hearings. V. Public Hearings Onizuka: Application No. 19-34, JDForsberg, LLC, dba HiCO Hawaiian Coffee. 1. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS TMK: LICENSE APPLIED FOR 19-34 (10:05 A.M.) JDForsberg, LLC HiCO Hawaiian Coffee 74-5599 Pawai Place, Space B3, Kailua-Kona, Hawai'i 7-4-010:018 Original Restaurant Beer and Wine liquor license, Category B1 Johan Forsberg, Owner, and, David Harold, General Manager, were present, Onizuka: Do we have a representative here? Onizuka: Can you introduce yourselves and your relationship to the business, please? Forsberg: My name is Johan Forsberg, and I'm the owner of HiCO Hawaiian Coffee. Harold: I'm David Harold, General Manager of HiCO. Onizuka: Thank you. Are there any changes to the report that has been filed? Harold: No, no changes. Onizuka: Can one of you describe the business, please? Harold: We're a Hawaiian coffee collective with a rotating menu of coffee. We also want to serve wine and beer. Onizuka: Thank you. Mr. Director, do we have any report of protests? AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 3 Takase: Mr. Chairman, the applicant mailed 4 out of 4 notices within 100 feet and 32 out of 33 notices within 500 feet. There were 17 properties entitled to protest and we had no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, discussion or any questions? There was no discussion or questions from the Commissioners. Onizuka: If not, call for a motion to close the public hearing. Ibarra: I so move. Greenwell: I second. Mr. Ibarra moved to close the public hearing; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we close the public hearing. Any discussion? There was no discussion from the Commissioners. Onizuka: Seeing none, 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 motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. 19-34. Ibarra: I move to approve Application No. 19-34, pending receipt of State tax clearance and final inspection. Greenwell: Second. Mr. Ibarra moved to approve Application No. 19-34, JDForsberg, LLC, dba HiCO Hawaiian Coffee, for an original Restaurant Beer and Wine liquor license, AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 4 Category 131, located at 74-5599 Pawai Place, Space 133, Kailua-Kona, Hawaii, TMK: 7-4-010:018, pending receipt of State tax clearance and final inspection; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. 19-34, pending receipt of State tax clearance and final inspection. 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. Forsberg: Thank you. Onizuka: Application No. 19-35, Christopher Camero Memorial VFW Post 12122. Do we have representatives here? 2. APPLICATION NO APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-35 (10:09 A.M.) Christopher Camero Memorial VFW Post 12122 VFW Post 12122 74-5543 Kaiwi Street, Suite 3 -Al 85a and 3-A185b, Kailua-Kona, Hawai'i 7-4-010:016 Original Dispenser General liquor license, Category B2 Dale Ross, Senior Vice Commander, VFW Post 12122, was present. Onizuka: Do we have representatives here? Ross: Yes. Onizuka: Please come forward. May we ask that you remove your mask just when you speak because it's difficult to make out what you're saying? AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES Ross: Okay. Onizuka: Can you introduce yourself again and your relationship to the VFW Post, please? Ross: I'm Dale Ross, Senior Vice Commander at Kona Post 12122. I'm also the bar manager. Onizuka: Thank you. Are there any changes to the report that has been filed? Ross: Not that I'm aware of. Onizuka: Mr. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 16 out of 16 notices within 100 feet and 44 out of 45 notices within 500 feet. There were 26 properties entitled to protest and we received no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, discussion or any questions? There was no discussion or questions from the Commissioners. Onizuka: Seeing none, call for a motion to close the public hearing. Ibarra: So move. Arakaki: Second. Mr. Ibarra moved to close the public hearing; seconded by Mr. Arakaki. 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. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 6 Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. 19-35. Ibarra: Move to approve Application No. 19-35, pending approval from the Planning Department regarding permitted use, receipt of State tax clearance, and final inspection. Arakaki: Second. Mr. Ibarra 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, pending approval from Planning Department regarding permitted use, receipt of State tax clearance, and final inspection; 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: Hearing none, motion carried. Thank you. The motion was carried unanimously. Ross: Thank you. Onizuka: Application No. 19-36, Hilo Farmer's Market, L.L.C., dba Poke N Sides. 3. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-36 (10:11 A.M.) Hilo Farmer's Market, L.L.C. Poke N Sides 57 Mamo Street, Hilo, Hawai'i 2-3-009:011 Original Retail General liquor license AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 7 Keith De La Cruz, Owner, was present. Onizuka: Any representative? Can you introduce yourself and your relationship to the business, please? De La Cruz: Yes, my name is Keith De La Cruz, Owner/Manager, Hilo Farmer's Market. Onizuka: Thank you. Are there any changes to the report that has been filed? De La Cruz: I had applied for delivery service in addition to our General. Onizuka: So, you're adding delivery service? De La Cruz: Yes sir. Onizuka: Can you describe the business, please? De La Cruz: We operate an outdoor farmer's market in downtown Hilo, for the past twenty years. We have a retail, brick and mortar restaurant that sells takeout food and groceries. During the COVID (pandemic), we got into groceries and we look to add alcohol to our ... mix. Onizuka: Thank you. Mr. Director, report of protests? Takase: Mr. Chairman, the applicant mailed 7 out of 7 notices within 100 feet and 73 out of 77 notices within 500 feet. There were 75 properties entitled to protest and we had no protests to this application. De La Cruz: Thank you. Onizuka: Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, any questions or discussion? Thomas: Just a clarification on the delivery service. May I ask a question about the delivery service? What does that entail? De La Cruz: Delivering alcohol to the general area corresponding with the guidelines. Onizuka: The alcohol portion will be handled just by Poke N Sides? Just one... De La Cruz: That's correct. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 8 Takase: He'll be the Licensee for that. He has Poke N Sides which is an actual store and he rents out booths at the farmer's market. There is a fixed location for the Licensee. Onizuka: Commissioners, any other questions? There were no other questions from the Commissioners. Onizuka: Seeing none, call for a motion to close the public hearing. Hughes: So move. Greenwell: Second. Mr. Hughes moved to close the public hearing; seconded by Mr. Greenwell. 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. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. 19-36. Hughes: Motion to approve Application No. 19-36. Greenwell: Second. Mr. Hughes 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; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. 19-36. Any discussion? AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 9 There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor of approving Application No. 19-36 say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. De La Cruz: Thank you very much. Onizuka: Next, Application No. 19-37, KHI, Inc., dba Waiakeawaena Texaco. Do we have a representative? 4. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: Inouye: Yes. 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 Kino'ole Street, Hilo, Hawai'i Kent Inouye, Owner, was present. Onizuka: Please introduce yourself and your relationship to the business. Inouye: Hi, I'm Kent Inouye. I'm the President of KHI, Inc. Onizuka: Thank you. Are there any changes to the report that was filed? Inouye: No, no changes. Onizuka: Can you briefly describe your business, please? Inouye: We're a gas station that converted a repair facility into a convenience store. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 10 Onizuka: Thank you. Mr. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 8 out of 8 notices within 100 feet and 55 out of 57 notices within 500 feet. There were 57 properties entitled to protest, and there were no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? There were no questions or discussion from the Commissioners. Onizuka: Call for a motion to close the public hearing. Thomas: So moved. Arakaki: Second. Ms. Thomas moved to close the public hearing; seconded by Mr. Arakaki. Onizuka: Moved and seconded to close the public hearing. 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. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. 19-37. Greenwell: I make the motion to approve Application No. 19-37. Hughes: I'll second that. 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 AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 11 an Application for Increase in Licensed Premises, located at 2188 Kino`ole Street, Hilo, Hawaii, TMK: 2-2-041:068; seconded by Mr. Hughes. Onizuka: Moved and seconded to approve Application No. 19-37. 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. Inouye: Thank you. Onizuka: Application No. T19-38, Waipi'o Valley Trading Co., Inc., dba Kuhio Grille. 5. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T19-38 (10:13 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 Caf6 Samuel Araki, Owner; and, Shannon Araki, were present. Onizuka: Can you introduce yourself and your relationship to the business, please? Araki: My name is Sam Araki. I'm the owner and this is my daughter Shannon. Onizuka: Thank you. Are there any changes to the report that has been filed? Araki: None to my knowledge. Onizuka: Can you describe the business, please? AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 12 Araki: We're a local restaurant. We've been in business for 25 years. We just moved from our location at the Prince Kuhio Plaza to 80 Pauahi Street, which is next to the County Building. Onizuka: Mr. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 3 out of 3 notices within 100 feet and 12 out of 12 notices within 500 feet. There were 12 properties entitled to protest and there were no protests to this application. Onizuka: Thank you. Any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, any questions or discussion on this application? Greenwell: Mr. Chair? Onizuka: Go ahead, Mr. Greenwell. Greenwell: What trade name are you going to be using for your new restaurant? Araki: The same one we've had for the past 25 years, Kuhio Grille. Greenwell: Kuhio Grille? Araki: Yes. Greenwell: Okay. Thank you. Onizuka: Any other questions? There were no other questions from the Commissioners. Onizuka: Hearing none, call for a motion to close the public hearing. Arakaki: Move to close the public hearing. Thomas: Second. Mr. Arakaki moved to close the public hearing; seconded by Ms. Thomas. Onizuka: Moved and seconded to close the public hearing. Any discussion? There was no discussion from the Commissioners. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 13 Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. T19-38. Hughes: Motion to approve Application No. T19-38. Arakaki: Second. Mr. Hughes moved 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 Caf6, located at 80 Pauahi Street, Hilo, Hawaii, TMK: 2-2-012:012; seconded by Mr. Arakaki. Onizuka: Moved and seconded to approve Application No. T19-38. Any other discussion? There was no other 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. Araki: Thank you. Hughes: Motion to ratify? Onizuka: Call for a motion to ratify. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 14 Hughes: Motion to ratify issuance of temporary license T -DG -609, effective July 8, 2020. Arakaki: Second. Mr. Hughes moved to ratify the issuance of temporary license T -DG -609, effective July 8, 2020; seconded by Mr. Arakaki. Onizuka: Moved and seconded that we ratify issuance of temporary license T -DG -609, effective July 8, 2020. 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 carried unanimously. Araki: Thank you. Shannon Araki: Thank you. Onizuka: Application T19-39, Faith Group, LLC, dba Nani Mau Gardens. 6. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T19-39 (10:00 A.M.) Faith Group, LLC Nani Mau Gardens 421 Makalika Street, Hilo, Hawai'i 2-2-048:013 Sale and Transfer of the Restaurant General Liquor license, Category B2, currently held by Glory Nani Mau LLC, dba Nani Mau Gardens Onizuka: Do we have a representative here? Takase: No, Mr. Chairman, Mark Mattos who is the new owner called us to say he wouldn't be able to make it today. We have spoken with him. He was the previous manager and he's buying this business. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 15 Onizuka: So, he wants us to just proceed with the application? Takase: Yes, and I told him if there were questions that we couldn't answer, we could take care of it next month. Onizuka: Thank you. Mr. Director, has there been any changes to the report that was initially filed? Takase: Mr. Chairman, I think there is one change, and that is to his dba which is going to be Pa'ina at Nani Mau. Onizuka: Thank you. The business is going to continue as usual? Takase: Yes. Onizuka: Any report of protests? Takase: Mr. Chairman, this is a sale and transfer. Publication was made and we received no protests to this application. Onizuka: Do we have any public testimony on this application? There was no public testimony. Onizuka: Hearing none, Commission Members, any questions or discussion? There were no questions or discussion from the Commissioners. Onizuka: Hearing none, call for a motion to close the public hearing. Arakaki: I move to close the public hearing. Hughes: Second. Mr. Arakaki moved to close the public hearing; seconded by Mr. Hughes. Onizuka: Moved and seconded that we close the public hearing. 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." AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 16 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 Application No. T19-39. Greenwell: I'll make the motion to approve Application No. T19-39. Salave`a: Second. Mr. Greenwell moved to approve Application No. T19-39, Faith Group, LLC, dba Nani Mau Gardens, for a sale and transfer of the Restaurant General Liquor license, Category B2, currently held by Glory Nani Mau LLC, dba Nani Mau Gardens, located at 421 Makalika Street, Hilo, Hawaii, TMK: 2-2-048:013; seconded by Mr. Salave`a. Onizuka: Moved and seconded that we approve Application No. T19-39. Any discussion? There was no discussion from the Commissioners. Onizuka: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Call for a motion for ratification of temporary license. Hughes: Motion to ratify issuance of temporary license T -REST -G-035, effective May 27, 2020, to June 30, 2020, and July 2, 2020, through September 24, 2020. Arakaki: Second. Mr. Hughes moved to ratify the issuance of temporary license T -REST -G-035, effective May 27, 2020, to June 30, 2020, and July 2, 2020, through September 24, 2020; seconded by Mr. Arakaki. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 17 Onizuka: Moved and seconded that we approve the ratification of temporary license as stated. 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. Onizuka: Application No. T19-40, KW Kona Investors Beverage, LLC, dba Kona Village — Hale Ho'omau. 7. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T19-40 (10:25 A.M.) KW Kona Investors Beverage, LLC Kona Village — Hale Ho'omau 72-300 Maheawalu Drive, Kona, Hawaii 7-2-010:010 Sale and Transfer of the Retail General liquor license, currently held by Kona Village Investor's, LLC, dba Kona Village — Hale Ho'omau Robert A. Ueoka, Esq., was present. Ueoka: Good morning Mr. Chair, members of the Commission, Mr. Takase; Robert Ueoka on behalf of Kona Village Resort. We would like to ask to waive the presence of my client. He is on the mainland, unable to be here today, and ask that we proceed on this matter. We have no changes to the investigator's report. This is for a retail sundries store located in Kona Village Resort. This is the property damaged by the March 2011 tsunami. Currently, under construction, we're looking at the estimated opening date of November 2022. Onizuka: Thank you. Are there any changes to the report that was filed with the application? Ueoka: No changes to the report. Onizuka: You briefly described the business. Director, any report of protests? AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 18 Takase: Mr. Chairman, this is a sale and transfer. Publication was made and we received no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, any questions or discussion? Salave`a: I have one point of clarification or disclosure. For the record, I am currently employed by the landowner, Kamehameha Schools. Onizuka: Thank you. Any other discussion? There was no other discussion from the Commissioners. Onizuka: Hearing none, call for a motion to close the public hearing. Ibarra: I so move. Hughes: Second. Mr. Ibarra moved to close the public hearing; seconded by Mr. Hughes. Onizuka: Moved and seconded that we close the public hearing. 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: Public hearing is closed. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. T19-40. Hughes: Motion to approve Application No. T19-40, pending receipt of Personal History and Affidavits and final inspection. AUGUST 6, 2020- LIQUOR COMMISSION MINUTES 19 Greenwell: Second. Mr. Hughes moved to approve Application No. T19-40, KW Kona Investors Beverage, LLC, dba Kona Village — Hale Ho`omau, for a sale and transfer of the Retail General liquor license, currently held by Kona Village Investor's, LLC, dba Kona Village — Hale Ho`omau, located at 72-300 Maheawalu Drive, Kona, Hawaii, TMK: 7-2-010:010, pending receipt of Personal History and Affidavits and final inspection; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. T19-40, pending receipt of Personal History and Affidavits and final inspection. Any discussion? There was no discussion from the Commissioners. Onizuka: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Ueoka: Thank you. Onizuka: Application No. T19-41, KW Kona Investors Beverage, LLC, dba Kona Village Resort. 8. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR T19-41 (10:28 A.M.) KW Kona Investors Beverage, LLC Kona Village Resort 72-300 Maheawalu Drive, Kona, Hawai'i 7-2-010:010 Sale and Transfer of the Hotel liquor license, currently held by Kona Village Investor's, LLC, dba Kona Village Resort Robert A. Ueoka, Esq., was present. Ueoka: Good morning, Robert Ueoka on behalf of Kona Village Resort. At this time, we have no changes to the investigator's report. This was regarding the hotel portion of the Kona Village Resort which consists of approximately 125 hale, or guest rooms. We also AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 20 have swimming pools with bars and restaurants. Again, we're looking at the estimated opening date of November 2022. The property is currently under construction. Onizuka: Are there any changes to the report that was filed with the application? Ueoka: No changes to the report. Onizuka: Thank you. You've described the business already. Mr. Director, any report of protests? Takase: Mr. Chairman, publication was made on this application and we received no protests to this application. Onizuka: Do we have any public testimony on this application? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? Salave`a: Again, Mr. Chair, disclosure. I'm currently employed by the landowner. Onizuka: Thank you. Any other discussion? There was no other discussion from the Commissioners. Onizuka: If not, call for a motion to close the public hearing. Thomas: So move. Arakaki: Second. Ms. Thomas moved to close the public hearing; seconded by Mr. Arakaki. Onizuka: Moved and seconded to close the public hearing. Any discussion? There was no discussion from the Commissioners. Onizuka: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 21 Onizuka: Public hearing is closed. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. T19-41. Hughes: Motion to approve Application No. T19-41, pending receipt of Personal History and Affidavits and final inspection. Greenwell: Second. Mr. Hughes moved to approve Application No. T19-41, KW Kona Investors Beverage, LLC, dba Kona Village Resort, for a sale and transfer of the Hotel liquor license currently held by Kona Village Investor's, LLC, dba Kona Village Resort, located at 72-300 Maheawalu Drive, Kona, Hawaii, TMK: 7-2-010:010, pending receipt of Personal History and Affidavits and final inspection; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application No. T19-41, pending receipt of Personal History and Affidavits and final inspection. Any other discussion? There was no other 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. The motion was carried unanimously. Ueoka: Thank you so much. Onizuka: Thank you. Application No. T19-42, Wishard Enterprises, LLC, dba Luna Restaurant. 9. APPLICATION NO.: T19-42 (10:31 A. M.) APPLICANT: Wishard Enterprises, LLC TRADE NAME: Luna Restaurant PLACE OF BUSINESS: Waimea Center, 65-1158 Mamalahoa Highway, Suites 10 & 11, Kamuela, Hawaii AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 22 TMK: 6-5-005:002 LICENSE APPLIED FOR: Sale and Transfer of the Restaurant General Liquor license, Category 131, currently held by Gormando LLC, dba Luna Restaurant Harry Wishard, Owner, was present. Onizuka: Can you introduce yourself and your relationship to the business, please? Wishard: Harry Wishard, Owner. Onizuka: Thank you. Are there any changes to the report that was filed with the application? Wishard: No. Onizuka: Can you briefly describe your business, please? Wishard: It's an existing Italian restaurant that I purchased. It's 2,000 square feet, basically, serving Italian food and wanting beer... I think the emphasis will be more on wine. Onizuka: Thank you. Mr. Director, is there any report of protests? Takase: Mr. Chairman, this is a sale and transfer. Publication was made and we received no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Hearing none, Commissioners, questions or discussion? There were no questions or discussion from the Commissioners. Onizuka: Call for a motion to close the public hearing. Hughes: Move to close the public hearing. Arakaki: Second. Mr. Hughes moved to close the public hearing; seconded by Mr. Arakaki. Onizuka: Moved and seconded that we close the public hearing. Is there any discussion? AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 23 There was no discussion from the Commissioners. Onizuka: If not, 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: The public hearing is closed. Thank you. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. T19-42. Hughes: Motion to approve Application No. T19-42, pending State tax clearance, lease, and final inspection. Arakaki: Second. Mr. Hughes moved to approve Application No. T19-42, Wishard Enterprises, LLC, dba Luna Restaurant, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Gormando LLC, dba Luna Restaurant, located at the Waimea Center, 65-1158 Mamalahoa Highway, Suites 10 & 11, Kamuela, Hawaii, TMK: 6-5-005:002, pending State tax clearance, lease, and final inspection; seconded by Mr. Arakaki. Onizuka: Moved and seconded to approve Application No. T19-42, pending State tax clearance, lease, and final inspection. 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. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 24 Wishard: Thank you. Greenwell: Good luck, Harry. Wishard: Thanks. Onizuka: Application No. T19-45, Hilo Sunrise LLC, dba MOMS Hilo. 10. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T19-45 (10:35 A.M.) Hilo Sunrise LLC MOMS Hilo 190 Keawe Street, Ste. 10, Hilo, Hawaii 2-3-006:008 Sale and Transfer of the Restaurant liquor license, Category B2, currently held by Hilo Noodle Bar, LLC, dba Kanpai Yuta Momoki, Owner, was present. Onizuka: Can you state your name and your relationship to the business, please? Momoki: My name is Yuta Momoki and I'm the owner of Hilo Sunrise LLC. Onizuka: Any changes to the report that was filed with the application? Momoki: No. Onizuka: Thank you. Can you describe your business, please? Momoki: We are a Japanese restaurant serving Japanese ramen, sushi, and donburi, rice bowls, and also trying to serve alcohol. Onizuka: Mr. Director, any report of protests? Takase: Mr. Chairman, this is a transfer application. Publication was made and we received no protests to this application. Onizuka: Thank you. Do we have any public testimony on this application? There was no public testimony. Onizuka: Hearing none, Commissioners, any discussion or questions? There was no discussion or questions from the Commissioners. Onizuka: Hearing none, call for a motion to close the public hearing. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 25 Arakaki: Move to close the public hearing. Salave`a: Second. Mr. Arakaki moved to close the public hearing; seconded by Mr. Salave`a. Onizuka: Moved and seconded that we close the public hearing. 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. The motion was carried unanimously. Onizuka: Call for a motion to approve or deny Application No. T19-45. Thomas: I move to approve Application No. T19-45, pending final inspection. Salave`a: Second. Ms. Thomas moved to approve Application No. T19-45, Hilo Sunrise LLC, dba MOMS Hilo, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Hilo Noodle Bar, LLC, dba Kanpai, located at 190 Keawe Street, Ste. 10, Hilo, Hawaii, TMK: 2-3-006:008, pending final inspection; seconded by Mr. Salave`a. Onizuka: Moved and seconded that we approve Application No. T19-45, pending final inspection. Any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." The Commissioners voted "Aye." AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 26 Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Call for a motion to ratify issuance of temporary license. Salave`a: Move to ratify issuance of temporary license T -REST -G-837, effective July 14, 2020. Ibarra: Second. Mr. Salave`a moved to ratify the issuance of temporary license T -REST -G-837, effective July 14, 2020; seconded by Mr. Ibarra. Onizuka: Moved and seconded that we ratify issuance of temporary license as stated. Any discussion? Greenwell: Mr. Chair? How long is this temporary license good for? Onizuka: Mr. Director? Takase: One hundred twenty days. Greenwell: Thank you. Onizuka: Any other questions? There were no other questions 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. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 27 Momoki: Thank you so much. VI. Preliminary Hearings Onizuka: Moving on to Preliminary Hearings. We have none on the agenda today, so we move on to Unfinished Business. VII. Unfinished Business Onizuka: (None) Moving on to New Business. V111. New Business (10:39 A.M.) Onizuka: 1. Slingshot LLC, dba Ultimate Burger, ratification of request for change of kind, from its Dispenser General liquor license, Category B1, to Dispenser Beer and Wine liquor license, Category B1, effective July 1, 2020, located at Kona Commons, 74-5450 Makala Boulevard, Space No. E112, Kailua-Kona, Hawaii, approved by Director Gerald Takase on July 14, 2020. Salave`a: Move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify the request for change of kind submitted by Slingshot LLC, dba Ultimate Burger, from its Dispenser General liquor license, Category B1, to Dispenser Beer and Wine liquor license, Category B1, effective July 1, 2020, located at Kona Commons, 74-5450 Makala Boulevard, Space No. E112, Kailua-Kona, Hawaii, approved by Director Gerald Takase on July 14, 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. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 28 The motion was carried unanimously. Onizuka: 2. Maruhiro Enterprise Co., Ltd., dba Izakaya Shiono, ratification of Application for Temporary Increase in Licensed Premises to the area outside of the entrance, on June 15, 2020, approved by Director Gerald Takase on June 25, 2020, to its Restaurant General liquor license, Category A, located at 74-5599 Pawai Place, Bays B4 and B5, Kailua-Kona, Hawaii. Salave`a: Move to ratify. Greenwell: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises submitted by Maruhiro Enterprise Co., Ltd., dba Izakaya Shiono, to the area outside of the entrance, on June 15, 2020, approved by Director Gerald Takase on June 25, 2020, to its Restaurant General liquor license, Category A, located at 74-5599 Pawai Place, Bays B4 and B5, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. 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: Thank you. Motion carried. The motion was carried unanimously. Onizuka: 3. The Club at Hokuli`a, Inc., dba Club at Hokuli`a (The), dba Club at Hokuli`a (The) (Retail), approval of the Personal History and Affidavits of Stephen Ewing and Lisa Burgis Der, Directors, effective March 16, 2020, received on June 23, 2020, and July 8, 2020, respectively, to its Restaurant General liquor license, Category B2, and Retail liquor license, located at 81-6636 Pu`u Ohau Place, Kealakekua, Hawaii. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 29 Arakaki: Move to approve. Greenwell: Second. Mr. Arakaki moved to approve the Personal History and Affidavits of Stephen Ewing and Lisa Burgis Der, Directors, effective March 16, 2020, received on June 23, 2020, and July 8, 2020, respectively, to its Restaurant General liquor license, Category B2, and Retail liquor license, located at 81-6636 Pu`u Ohau Place, Kealakekua, Hawaii; seconded by Mr. Greenwell. 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: Thank you. Motion carried. The motion was carried unanimously. Onizuka: 4. Big Island Brewhaus LLC, dba Big Island Brewhaus, approval of notice of change to the LLC, from Diane Rosman, Member, to the Diane Rosman Living Trust, Member, effective March 18, 2020, to its Brewpub liquor license, Category 132, located at 64-1066 Mamalahoa Highway, Kamuela, Hawaii. Salave`a: Move to approve. Greenwell: Second. Mr. Salave`a moved to approve the notice of change to the LLC submitted by Big Island Brewhaus LLC, dba Big Island Brewhaus, from Diane Rosman, Member, to the Diane Rosman Living Trust, Member, effective March 18, 2020, to its Brewpub liquor license, Category B2, located at 64-1066 Mamalahoa Highway, Kamuela, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any discussion? AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 30 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. The motion was carried unanimously. Onizuka: 5. Waikoloa Village Association, dba Waikoloa Village Golf Course, approval of change of officers/directors as follows: • Removal of James Lee McCann, President; Robert Van Calcar, Vice President; Kevin McLaughlin, Director; and Jeffery Charles Martin, Director; Election of Kevin McLaughlin as President; Jeffery Charles Martin as Vice President; Robert Van Calcar as Treasurer; and David H. Berg as Director; and, • The Personal History and Affidavit for David H. Berg, Director; effective May 9, 2020, received July 9, 2020, to its Restaurant General liquor license, Category B2, located at 68-1792 Melia Street, Waikoloa, Hawaii. Salave`a: Move to approve. Greenwell: Second. Mr. Salave`a moved to approve the change of officers/directors submitted by Waikoloa Village Association, dba Waikoloa Village Golf Course with the removal of James Lee McCann, President; Robert Van Calcar, Vice President; Kevin McLaughlin, Director; and Jeffery Charles Martin, Director; election of Kevin McLaughlin as President; Jeffery Charles Martin as Vice President; Robert Van Calcar as Treasurer; and David H. Berg as Director; and, the Personal History and Affidavit for David H. Berg, Director; effective May 9, 2020, received July 9, 2020, to its Restaurant AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 31 General liquor license, Category B2, located at 68-1792 Melia Street, Waikoloa, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve. 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. The motion was carried unanimously. Onizuka: 6. Mo's Fish and Chips LLC, dba Mohala's Bay Front Fish and Chips, ratification of Application for Live Entertainment and Dancing, on a one time only trial period not to exceed 90 days, from July 3, 2020, to October 1, 2020, approved by Director Gerald Takase on July 2, 2020, to its Restaurant Beer and Wine liquor license, Category A, located at 50 Waianuenue Avenue, Hilo, Hawaii. Salave`a: Move to ratify. Arakaki: Second. Mr. Salave`a moved to ratify the Application for Live Entertainment and Dancing, submitted by Mo's Fish and Chips LLC, dba Mohala's Bay Front Fish and Chips, on a one time only trial period not to exceed 90 days, from July 3, 2020, to October 1, 2020, approved by Director Gerald Takase on July 2, 2020, to its Restaurant Beer and Wine liquor license, Category A, located at 50 Waianuenue Avenue, Hilo, Hawaii; 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." AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 32 The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: 7. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, approval of change of officers/directors as follows: Resignation of Sally Dangerfield, Director/Trustee, effective June 25, 2020; Arlene Towne, Director/Trustee, effective May 28, 2020; and John Meserve, President, effective April 1, 2020; and, Election of Lourdes Hernaez as President, James Booth as Secretary, and Barbara Nance as Treasurer, effective April 1, 2020, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii. Salave`a: Move to approve. Greenwell: Second. Mr. Salave`a moved to approve the change of officers/directors submitted by Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, with the resignation of Sally Dangerfield, Director/Trustee, effective June 25, 2020; Arlene Towne, Director/Trustee, effective May 28, 2020; and John Meserve, President, effective April 1, 2020; and the election of Lourdes Hernaez as President, James Booth as Secretary, and Barbara Nance as Treasurer, effective April 1, 2020, to its Club liquor license, Category 132, located at 74-5596 Pawai Place, Bays M and N, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: If not, all those in favor say, "Aye." AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 33 The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: 8. Kuleana Spirits, Inc., dba Kuleana Rum Shack, ratification of Application for Temporary Increase in Licensed Premises to include 9 to 10 feet out from front garage doors for extended dine -in seating, from July 17, 2020, through the COVID-19 restriction period, approved by Director Gerald Takase on July 7, 2020, to its Small Craft Producer Pub liquor license, Category B1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6, and H7, Waikoloa, Hawaii. Salave`a: Move to ratify. Thomas: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises submitted by Kuleana Spirits, Inc., dba Kuleana Rum Shack, to include 9 to 10 feet out from front garage doors for extended dine -in seating, from July 17, 2020, through the COVID-19 restriction period, approved by Director Gerald Takase on July 7, 2020, to its Small Craft Producer Pub liquor license, Category B1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6, and H7, Waikoloa, Hawaii; seconded by Ms. Thomas. Onizuka: Moved and seconded. Any discussion? Greenwell: Mr. Chair, I guess this is for the Director. Again, from July 17th through the COVID-19 restriction period, it's kind of open-ended. If they stop and then restart the COVID-19 period, it could be a little ambiguous. Takase: Yes, when they were originally coming in, it would be for a month or two. We decided to extend all of them to the end of the period. I think it will be for as long as there is any emergency proclamation in order. As long as they have limited capacity, we will honor their increase in premises. It is open-ended, but to have them reapplying would be inefficient. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 34 Greenwell: I think for our protection, they should come back and reapply for a temporary permit again, because like I say, to me this is a little open-ended. It says until the COVID-19 restriction period. Which COVID-19 restriction period? If it's a third lapse or fourth lapse, we don't know. Takase: We're offering it under the Governor's emergency proclamation. As long as that is in effect, and there are limitations on indoor seating, we're treating that as the COVID period. It's based on the Governor's proclamation, not waves of COVID-19 sickness. We are still under a restriction and it doesn't look like there's any end in sight. It is a little open-ended, but I think if we understand what the period is, then don't see a need for them to keep coming in to reapply. It is being granted as our relief method to allow them to increase their seating while seating is limited under the proclamation. Onizuka: I think, if it pertains to this COVID-19 pandemic, as far as the ratification or extensions, I, personally, feel the Commissioners should entrust the Director to make the decision to work within the boundaries of the COVID-19 restrictions from the Governor. I think we should empower our Director to have that leeway to make the decisions on that during this period. Ibarra: I have a question along that line. Generally, the practice would apply to all, not only this applicant? Takase: Yes. Ibarra: You would grant a temporary license? Takase: Yes, so it's a temporary increase in the premises, typically, to an outside area that they have control over. We still have restrictions as far as demarking the areas that they are going to be serving in and ensuring that they have control over those areas. We have granted approximately thirty instances after this started. We may see a few more, but most of them are back in operation, so I don't anticipate a lot more. The only ones that are out of operation are, basically, the hotels and resorts, but they are self-contained. Ibarra: So what I'm saying is that this will be the procedure: As long as the Governor's proclamation is in effect, you as Director, are ratifying the increase in the space, to address the Governor's proclamation. Will it be brought back like this to us for ratification again, or just you ratifying a particular business? Takase: We don't anticipate them coming back to us, that's why, as David is saying, it's open-ended. Ibarra: For all? Takase: For all, yes. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 35 Ibarra: So this would be the procedure if we agree? Takase: Yes, and you have been approving them for the last several months. Ibarra: I would agree with the Chair, basically. Hawai'i County has been taking the lead during this COVID (pandemic) that we've seen in the paper, and rather than putting the burden on them, we can trust our Director because there is a Governor's proclamation that would determine the end period. It's ambiguous, we don't know when, but at least there's a proclamation versus them coming back every time. Which I would think we have been approving, anyway. Masuda: Mr. Chairman, if it makes some of the Commissioners more comfortable, so it's not so open-ended, we could make it subject to recall by the Director. Thomas: Subject to what? Masuda: Temporary increase subject to be recalled by the Director. Thomas: That's a good point. Onizuka: Any other discussion? Salave`a: So, the motion now is to... Onizuka: The motion is to approve, but if you want to restate your motion to include a restriction on that... Salave`a: You want me to restate it that way, David? Greenwell: No, I... Onizuka: ...or are we comfortable with this COVID-19 pandemic as far as any ongoing change with the licensees, the Director can make the decisions and report back to us for ratification? Takase: Mr. Chairman, we came up with this language, and frankly, I would speak in favor of it because, at the least, it's a known target out there. I appreciate trying to give me the authority, but I think that anytime you vest that authority in one person, there will always be a mistrust that they have to be on my good side or something like that. I will send you a copy of a letter I sent out to the West Hawai'i restauranteurs yesterday. That's some of their concerns, currently. They feel like they're unclear as to when things are happening and not. I don't disagree with them. Even we sit and get bombarded with directives from all over. I think that the less we try to put the discretion in people's hands and work with one common denominator, is probably best for everybody; even the departments. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 36 Takase: They understand that they're still under the Governor's orders and that's why they're restricting the amount of seating capacity that they have. We are going along with them in terms of allowing additional seating outside, as long as this proclamation is in effect. Once that ends, and once they can go back to their normal, if there is going to be one, then all of these increases will be off. It may continue for a long time. I don't see any end to this in sight, and it may be that they will continue to next year with this. They apply with us so that we know when they're going to be serving outside, so the investigators know. We monitor them the same as if they were (serving) inside. It's not much more difficult for us and it, hopefully, provides them with some additional space in which they can run their business. Frankly, I think the licensees have been very appreciative of us taking this action. Takase: The other counties are starting to play catch-up now, looking at these things and allowing it. I think you saw Honolulu did it last month or the month before. At this point, we're trying to help our licensees survive. These are the things that we can do without much stress to us, but will hopefully, make a difference in their being able to survive. You see a lot of places that still haven't reopened for dine -in service. The reason a lot of them choose not to because, at fifty percent capacity, they say it's not worth their time. Even if they were full, they wouldn't be able to cover their expenses, so they're still doing take-out. Giving them the ability to open it to outside dining areas, they're able to make up for it, hopefully. Once tourism opens up we'll see what kind of challenges we have then. But even now in Hilo and Kona, I see lots of places with people waiting outside to get in because of the capacity limits. Greenwell: Mr. Chairman, I'm comfortable with the motion. I was just questioning the delay as to the restriction. Doing my homework, when I read this, I said, "Wow, this is going on (for) forever." But I would like to emphasize that leaving the decision in the Director's hands is a priority because we're not here to micromanage itty bitty items like this. At the same time, we need to protect him in his decisions going forward that nobody abuses this statement that it can go on until the end of Corona because we don't know when it's going to end, so I don't want other people using this. Takase: I think we're able to handle it. If we have to close them, we can, if there are violations. Ibarra: Gerald, this ratification is because there's the Governor's proclamation that sets the minimum distance in order for them to stay open. They want to serve many people, so they're just asking for more space so they can maintain the Governor's standards in setting distance. Thomas: Right. Takase: Correct. Ibarra: They're coming in saying they have this extra space that they want to expand into. The other conditions remain in effect. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 37 Takase: Correct. The six feet social distancing... Ibarra: ...and that's set by the proclamation. Takase: That is. Ibarra: You're enforcing, basically, the proclamation in order for them to survive economically. Takase: Yes. Ibarra: So, you cannot say we're going to set this space any different. You're following the proclamation, basically. Takase: Yes. They're still following the six-foot requirements outside, as well. We see (information) from CDC, outside is preferred over indoor; you don't have that recirculation. We have been working with Licensees, and if they have outside spaces, we're helping them identify what would be acceptable from our point of view. I think most of them are very appreciative that we're taking the steps to help them survive during this pandemic period and looking for ways to assist them in reopening their business or ... with them. And we have been seeing, probably, one or two a week that have been closing. It's beginning, I think; and, we will see after September 1St, if it doesn't reopen, I think we will have a lot more closures as we move towards the end of the year. Ibarra: Using this as a, I guess, precedent, I anticipate you are going to provide approval for others that come in, and are we going to be seeing those that... Takase: Yes... Ibarra: ...for ratification? Takase: ...and that's why it's coming to the Commission, for ratification, so that they do have some knowledge of what we're doing. Like I say, this is not the first. You've been doing it for the last several months now. Thomas: Right. Onizuka: Any other discussion? There was no other discussion from the Commissioners. Onizuka: Everybody comfortable with the motion? Commissioners indicated agreement of the motion. Onizuka: Okay, all those in favor say, "Aye." AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 38 The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: 9. Papaaloa Market & Cafe LLC, dba Papa`aloa Country Store & Cafe (Cafe), dba Papa`aloa Country Store & Cafe (Retail), approval of changes to the LLC as follows: • Change of legal name of Member from Solomon Amon Burke to Sol Ammon, effective January 1, 2019; • Change in name of Member from Shelly K. Hult to Shelly K. Hult-Ammon, effective January 1, 2019; • Addition of new Member, Galahad Blyth, effective January 1, 2019; • Application for Transfer of Stock of more than 25% from Sol Ammon, Member, and Shelly K. Hult-Ammon, Member, to Galahad I. Blyth, effective January 1, 2019; and, • Personal History and Affidavits for Galahad Isaiah Blyth, Member; Sol Ammon, Member; and, Shelly Kristina Hult-Ammon, Member, effective January 1, 2019, received July 14, 2020, to its Dispenser General liquor license, Category B2; and Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa`aloa, Hawaii. Salave`a: Move to approve. Thomas: Second. Mr. Salave`a moved to approve the changes to the LLC Submitted by Papaaloa Market & Cafe LLC, dba Papa`aloa Country Store & Cafe (Cafe), dba Papa`aloa Country Store & Cafe (Retail), with a change of legal name of Member from Solomon Amon Burke to Sol Ammon, AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 39 effective January 1, 2019; change in name of Member from Shelly K. Hult to Shelly K. Hult-Ammon, effective January 1, 2019; addition of new Member, Galahad Blyth, effective January 1, 2019; Application for Transfer of Stock of more than 25% from Sol Ammon, Member, and Shelly K. Hult-Ammon, Member, to Galahad I. Blyth, effective January 1, 2019; and, the Personal History and Affidavits for Galahad Isaiah Blyth, Member; Sol Ammon, Member; and, Shelly Kristina Hult-Ammon, Member, effective January 1, 2019, received July 14, 2020, to its Dispenser General liquor license, Category 132; and Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa'aloa, Hawai'i; seconded by Ms. Thomas. 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. The motion was carried unanimously. Onizuka: 10. Tasty Ventures, LLC, dba Paradise Gourmet Catering, approval to transfer liquor inventory to Olu Kai, Ltd., dba Huggo's, to its Restaurant General liquor license, Category B2, located at 75-5828 Kahakai Road, Kailua-Kona, Hawai'i; and, Lava Lava, LLC, dba Lava Lava Beach Club, to its Restaurant General liquor license, Category B2, located at 69-1081 Ku'uali`i Place, Waikoloa, Hawaii. Salave`a: Move to approve. Greenwell: Second. Mr. Salave'a moved to approve the transfer of liquor Inventory submitted by Tasty Ventures, LLC, dba Paradise Gourmet Catering, to Olu Kai, Ltd., dba Huggo's, to its Restaurant General liquor license, AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 40 Category B2, located at 75-5828 Kahakai Road, Kailua-Kona, Hawaii; and, Lava Lava, LLC, dba Lava Lava Beach Club, to its Restaurant General liquor license, Category B2, located at 69-1081 Ku`uali`i Place, Waikoloa, Hawaii; seconded by Mr. Greenwell. 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. The motion was carried unanimously. Onizuka: 11. Sea Paradise Scuba, Inc., dba Sea Paradise Scuba, Inc., ratification of Application for Outside Storage Permit, for temporary storage of liquor at The View Restaurant Bar & Grill, located at 78-7000 Alii Highway, Kailua-Kona, Hawaii, approved by Director Gerald Takase on July 17, 2020. Arakaki: Move to ratify. Hughes: Second. Mr. Arakaki moved to ratify the Application for Outside Storage Permit submitted by Sea Paradise Scuba, Inc., dba Sea Paradise Scuba, Inc., for temporary storage of liquor at The View Restaurant Bar & Grill, located at 78-7000 Alii Highway, Kailua-Kona, Hawaii, approved by Director Gerald Takase on July 17, 2020; 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." AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 41 Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: 12. Italian Restaurant #2, LLC, dba Romano's Macaroni Grill, approval of changes to the LLC as follows: • Assignment of membership interest in Italian Restaurant #2, LLC of more than 25% from W. Randall and Cheri Schoch, Trustees of the Schoch Revocable Living Trust, to Mac Acquisition of Hawaii LLC, effective June 15, 2020; • Withdrawal of Robert and Andrea Snyder, and W. Randall and Cheri Schoch, Trustees of the Schoch Revocable Living Trust, as Members, effective June 17, 2020; • Withdrawal of Desert Island Restaurants, L.L.C., as Manager, effective June 17, 2020; • Admission of Mac Acquisition of Hawaii, LLC, as Member, effective June 17, 2020; • Admission of James F. Deyo III, as sole Manager, effective June 17, 2020; and, • The Personal History and Affidavit for James F. Deyo III, Manager, effective June 17, 2020, received July 21, 2020, to its Restaurant General liquor license, Category 131, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Suite 1010, Waikoloa, Hawaii. Greenwell: Move for approval. Salave`a: Second. Mr. Greenwell moved to approve the changes to the LLC submitted by Italian Restaurant #2, LLC, dba Romano's Macaroni Grill with the assignment of membership interest in Italian Restaurant #2, LLC of more than 25% from AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 42 W. Randall and Cheri Schoch, Trustees of the Schoch Revocable Living Trust, to Mac Acquisition of Hawaii LLC, effective June 15, 2020; withdrawal of Robert and Andrea Snyder, and W. Randall and Cheri Schoch, Trustees of the Schoch Revocable Living Trust, as Members, effective June 17, 2020; withdrawal of Desert Island Restaurants, L.L.C., as Manager, effective June 17, 2020; admission of Mac Acquisition of Hawaii, LLC, as Member, effective June 17, 2020; admission of James F. Deyo III, as sole Manager, effective June 17, 2020; and, the Personal History and Affidavit for James F. Deyo III, Manager, effective June 17, 2020, received July 21, 2020, to its Restaurant General liquor license, Category 131, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Suite 1010, Waikoloa, Hawaii; seconded by Mr. Salave`a. 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. The motion was carried unanimously. Onizuka: 13. RLF Makalei Properties, LLC, dba Makalei Golf Club, approval of Application for a change to Class 2, Restaurant liquor license, from its Dispenser General liquor license, Category B2, located at 72-3890 Hawaii Belt Road, Kailua-Kona, Hawaii. Salave`a: Move to approve. Greenwell: Second. Mr. Salave`a moved to approve the Application for a change to Class 2, Restaurant liquor license submitted by RLF Makalei Properties, LLC, dba Makalei Golf Club, from its Dispenser General liquor license, Category B2, located at 72-3890 Hawaii Belt Road, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 43 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. The motion was carried unanimously. Onizuka: 14. Big Hitter Enterprises, LLC, dba Willie's Hot Chicken, ratification of Application for Temporary Increase in Licensed Premises to include the courtyard area outside front doors, from July 22, 2020, through the COVID-19 restriction period, approved by Director Gerald Takase on July 24, 2020, to its Restaurant General liquor license, Category B1, located at 74-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawaii. Salave`a: Move to ratify. Greenwell: Second. Mr. Salave`a moved to ratify the Application for Temporary Increase in Licensed Premises submitted by Big Hitter Enterprises, LLC, dba Willie's Hot Chicken, to include the courtyard area outside the front doors, from July 22, 2020, through the COVID-19 restriction period, approved by Director Gerald Takase on July 24, 2020, to its Restaurant General liquor license, Category B1, located at 74-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 44 Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: 15. Special Licenses Issued for Ratification, looking for a motion to ratify Special Licenses Application No. SP -20-001 and SP -20-002, Item Nos. 15(a) and (b). Arakaki: So moved. Hughes: Second. Mr. Arakaki moved to ratify the following Special Licenses: 15. Special Licenses Issued for Ratification a. Application No. SP -20-001, Christopher Camero Memorial VFW Post 12122, dba Christopher Camero Memorial VFW Post 12122, Inc., for a Special General liquor license, on July 3, 7, 10-11, 17-18, 24-25, and 31, 2020, at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii. b. Application No. SP -20-002, Christopher Camero Memorial VFW Post 12122, dba Christopher Camero Memorial VFW Post 12122, Inc., for a Special General liquor license, on July 15, 21-23, and 28-30, 2020, at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii. The motion was 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. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 45 Onizuka: Motion carried. The motion was carried unanimously. IX. Announcements Onizuka: Announcements, next meetings. Meetings of Liquor Commission September 3, 2020, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. October 1, 2020, 10:00 A.M., Kona County Council Chambers, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A, Kailua-Kona, Hawaii. Onizuka: Anybody has any other announcements or discussion? There were no other announcements or discussion from the Commissioners. X. Adjournment Onizuka: Hearing none, call for adjournment. Salave`a: So move. Greenwell: Second. Mr. Salave`a moved to adjourn; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we adjourn. 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. We are adjourned. It is 11:04 A.M. Thank you. AUGUST 6, 2020 - LIQUOR COMMISSION MINUTES 46 The motion was carried unanimously. The meeting adjourned at 11:04 A.M. _ t G rald Takase erector The July 2, 2020, and August 6, 2020, Liquor Commission minutes were approved as circulated via email/mail, by the Liquor Commission of the County of Hawaii on September 3, 2020. AUGUST 6, 2020 -LIQUOR COMMISSION MINUTES 47