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HomeMy WebLinkAbout2020-02-06 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MINUTES — FEBRUARY 6, 2020 WEST HAWAII CIVIC CENTER, 74-5044 ANE KEOHOKALOLE HIGHWAY, BUILDING B, 2ND FLOOR, KAILUA-KONA, HAWAII I. Call To Order The meeting was called to order by Chair Onizuka at 10:00 A.M., in the Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, 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 Shelby Nahale-a, Commissioner Dawn Raymond, Commissioner Allen Salave`a, Commissioner Absent and Excused: Paula Thomas, Commissioner Brandon Gonzalez, Administrative Officer Others Present: Gerald Takase, Director Craig Masuda, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Dorsi Lim, Secretary to the Board & Commission Onizuka: I call this meeting to order. Place your cell phones on silent mode. We are recording this meeting so please remember a couple of things: 1) speak one at a time so that the recording remains clear; 2) the microphones in the room do not amplify your voice but only record what is being said. If we can go around the room and introduce ourselves, please. Lim: Dorsi Lim, Secretary to the Board and Commission. Waltjen: Stacie Waltjen, Licensing Officer. Takase: Gerald Takase, Director. Salave`a: Allen Salave`a, District 6 Commissioner. Ibarra: Ron Ibarra, Commissioner. Hughes: Mike Hughes, Commissioner. Onizuka: Claude Onizuka, Commissioner. Masuda: Craig Masuda, Commission Attorney. Nahale-a: Aloha, Shelby Nahale-a, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Raymond: Dawn Raymond, Commissioner. Arakaki: Warren Arakaki, Commissioner. Onizuka: Thank you. Excused is Commissioner Paula Thomas. 11. Approval of Minutes Onizuka: Call for approval of the minutes that have been circulated. Salave`a: So move. Greenwell: Second. Mr. Salave`a moved to approve the December 5, 2019, and January 2, 2020, Liquor Commission minutes as circulated; 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: Those opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you very much. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 2 Masuda: Mr. Chairman, while there's no addendum or supplemental agenda, I will note that there are two items listed as number nine: Transient Vessel occurring on page 10 should be numbered as 10" and not "9." It is only an amendment. It is not a substantial amendment, but more of a clerical amendment, so it does not require a vote to change the agenda. Onizuka: Thank you. IV. Public Statements on Agenda Items Onizuka: Any public statements on the agenda items? There were no statements from the public. Onizuka: Seeing none, moving on to Public Hearings. V. Public Hearings Onizuka: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMKS: LICENSE APPLIED FOR: 19-13 (10:04 A.M.) The View Restaurant Bar & Grill Corp. The View Restaurant Bar & Grill 78-7000 Ali'i Highway, Kailua-Kona, Hawai'i 7-8-010:003, 034 and 036 Original Dispenser General liquor license, Category B1 Onizuka: There is a request for a continuance of the public hearing to April 2, 2020. Call for a motion to approve a continuance. Greenwell: I make the motion. Salave`a: Second. Mr. Greenwell moved to approve the request to continue Application No. 19-13, The View Restaurant Bar & Grill Corp., dba The View Restaurant Bar & Grill, for an original Dispenser General liquor license, Category B1, located at 78-7000 Alii Highway, Kailua-Kona, Hawaii, TMKs: 7-8-00:003, 034 and 036, public hearing to be held on April 2, 2020, in Kona; seconded by Mr. Salave`a. Onizuka: Moved and seconded. Is there any discussion? There was no discussion from the Commission. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES Onizuka: Those opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Masuda: Mr. Chairman, before we move on, is there anyone present here to testify on that matter of The View? There was no one present to testify. Masuda: May the record reflect no one is present. Onizuka: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS TMK: LICENSE APPLIED FOR T19-16 (10:05 A.M.) Kona Tang LLC Shimaichi Ali'i Plaza, 75-5742 Kuakini Highway, Suite 103, Kailua-Kona, Hawai'i 7-5-007:002 Sale and Transfer of the Dispenser General Liquor license, Category B1, currently held by Dragon Roll LLC dba Shimaichi Amanda Gabaon, Owner, was present. Onizuka: You're the representative? Gabaon: Yes. Onizuka: Can you introduce yourself and relationship to the business? Gabaon: My name is Amanda Gabaon and I'm the Owner of Kona Tang. Onizuka: Thank you. Are there any changes to the report that has been filed? Gabaon: No. Onizuka: Can you describe your business, please? Gabaon: We're a sushi restaurant in town and we serve alcohol, hence the liquor license. We're transferring from the Dragon LLC to the now, Kona Tang LLC. Onizuka: Mr. Director, any report of protests? Takase: Mr. Chairman, the Applicant mailed 8 out of 9 notices within 100 feet, 120 out of 125 notices within 500 feet, and 1 notice to a condominium or cooperative apartment FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 4 manager. There were 113 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 questions? There was no discussion or questions from the Commissioners. Hughes: Motion to close the public hearing. Salave`a: Second. Mr. Hughes moved to close the public hearing; seconded by Mr. Salave`a. Onizuka: Moved and seconded that we close the public hearing. Is there any discussion? There was no discussion from the Commission. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Those opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Hughes: Motion to approve Application T19-16, pending final inspection. Salave`a: Second. Mr. Hughes moved to approve Application No. T19-16, Kona Tang LLC, dba Shimaichi, for the Sale and Transfer of the Dispenser General Liquor license, Category 131, currently held by Dragon Roll LLC, dba Shimaichi, located at the Alii Plaza, 75-5742 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii, TMK: 7-5-007:002, pending final inspection; seconded by Mr. Salave`a. Onizuka: Moved and seconded to approve Application T19-16, pending final inspection. Any discussion? FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 5 Nahale-a: Mr. Chair, I have a question of the Applicant. I see that Hawaii Technology Academy is near the area where the restaurant is, and I am familiar with the school, so know that it's not a typical or everyday occurrence that they'd be in school; but have you been in contact with them? I would just like to suggest, being a friendly neighbor, to get to know them and to ensure that their students are not loitering in your area or anything like that. Gabaon: Oh, okay. I'm not familiar with the school, but I'll try to get in touch with them. Nahale-a: Thank you. Onizuka: Thank you. 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. The motion was carried unanimously. Hughes: Motion to ratify issuance of temporary license T -DG -789, effective January 2, 2020. Greenwell: Second. Mr. Hughes moved to ratify the issuance of temporary license T -DG -789, effective January 2, 2020, seconded by Mr. Greenwell. Onizuka: Moved and seconded to ratify the issuance of temporary license T -DG -789, effective January 2, 2020. 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. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 6 Onizuka: Motion carried. The motion was carried unanimously. Onizuka: At this time, this Applicant is also on New Business, Item 5, so we're going to take that out of order. 5. Kona Tang LLC, dba Shimaichi, approval to transfer liquor inventory from Dragon Roll LLC, dba Shimaichi, to its pending Dispenser General liquor license, Category B1, located at the Ali'i Plaza, 75-5742 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii. Raymond: Motion to approve the transfer of liquor inventory. Salave`a: Second. Ms. Raymond moved to approve the transfer of liquor inventory from Dragon Roll LLC, dba Shimaichi, to Kona Tang LLC, dba Shimaichi, to its Dispenser General liquor license, Category 131, located at the Alii Plaza, 75-5742 Kuakini Highway, Suite 103, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Onizuka: Moved and seconded to approve the transfer of liquor inventory. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Any opposed? There was no opposition by the Commissioners. Onizuka: Motion carries. Thank you very much. The motion was carried unanimously. Onizuka: Thank you. Gabaon: Thank you. Onizuka: APPLICATION NO.: 19-17 (10:10 A. M.) APPLICANT: Dragon Roll LLC TRADE NAME: Yasuhiro PLACE OF BUSINESS: Kea'au Shopping Center, 16-586 Old Volcano Road, Kea'au, Hawai'i FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 7 TMK: 1-6-143:034 LICENSE APPLIED FOR: Original Restaurant General liquor license, Category A Yasuhiro Muramatsu, General Manager, was present. Onizuka: Can you introduce yourself and your relationship to the business, please? Muramatsu: Yes, my name is Yasuhiro Muramatsu. I'm the General Manager of Dragon Roll LLC. I used to run Shimaichi and Tunaichi in Kailua-Kona and also Ebisuya in downtown Hilo. This is our fourth location. We took over the business from (it used to be) a Chinese restaurant called Canton Garden Cafe in 2018, and we (turned it into) a sushi restaurant. We've been up and running for a little more than one year now. Onizuka: Thank you. Are there any changes to the report that was filed with your application? Muramatsu: No, sir. Onizuka: You've briefly described your business already. Mr. Director, any report of protests? Takase: Mr. Chairman, the Applicant mailed 2 out of 2 notices within 100 feet, and 22 out of 22 notices within 500 feet. There were 14 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, any discussion or questions? There was no discussion or questions from the Commissioners. Raymond: Move to close the public hearing. Greenwell: Second. Ms. Raymond moved to close the public hearing; seconded by Mr. Greenwell. Onizuka: Moved and seconded to close the public hearing. Is there any discussion? There was no discussion from the Commissioners. Onizuka: Hearing none, all those in favor say, "Aye." FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES The Commissioners voted "Aye." Onizuka: Any opposed? There was no opposition by the Commissioners. Onizuka: Motion carries. Thank you very much. The motion was carried unanimously. Nahale-a: Motion to approve Application No. 19-17, pending final inspection. Raymond: Second. Ms. Nahale-a moved to approve Application No. 19-17, Dragon Roll LLC, dba Yasuhiro, for an original Restaurant General liquor license, Category A, located at the Kea`au Shopping Center, 16-586 Old Volcano Road, Keaau, Hawaii, TMK: 1-6-143:034, pending final inspection; seconded by Ms. Raymond. Onizuka: Moved and seconded that we approve Application 19-17, pending 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. Nahale-a: Thank you. Onizuka: Thank you. Muramatsu: Thank you very much. Onizuka: APPLICATION NO.: 19-18 (10:12 A.M.) APPLICANT: Paradise Express LLC TRADE NAME: Paradise Express PLACE OF BUSINESS: 84-4811 Hawaii Belt Road, Captain Cook, Hawaii FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 9 TMK: 8-4-014:040 LICENSE APPLIED FOR: Original Retail General liquor license Onizuka: There is a request for a continuance of Public Hearing to March 5, 2020. Call for a motion to approve a continuance. Raymond: Move to approve the request to continue Public Hearing to the March 5th meeting to be held in Hilo. Greenwell: Second. Ms. Raymond moved to approve the request to continue the public hearing for Application No. 19-18, Paradise Express LLC, dba Paradise Express, for an original Retail General liquor license, located at 84-4811 Hawaii Belt Road, Captain Cook, Hawaii, TMK: 8-4-014:040, to March 5, 2020, in Hilo; seconded by Mr. Greenwell. Onizuka: Moved and seconded, any discussion on this motion? 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. Masuda: For the record, Mr. Chairman, there is no one here for public testimony on this matter. Onizuka: Thank you. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS TMK: LICENSE APPLIED FOR: T19-19 (10:13 A.M.) La Bourgogne LLC La Bourgogne Kuakini Plaza South, 77-6400 Nalani Street, Ste. 101, Kailua-Kona, Hawaii 7-7-009:020 Sale and Transfer of the Dispenser General Liquor license, Category. A, currently held by Little Sparrow, Inc., dba La Bourgogne French Restaurant FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 10 Cindy Smart, Chef/Owner, was present. Onizuka: Can you introduce yourself and your relationship to the business, please? Smart: My name is Cindy Smart. I'm the Chef/Owner of the restaurant. Onizuka: Thank you. Are there any changes to the report that has been filed? Smart: No. Onizuka: Can you describe your business, please? Smart: It's a fine -dining French restaurant. Onizuka: Thank you. Mr. Director, any report of protests? Takase: Mr. Chairman, the Applicant mailed 7 out of 7 notices within 100 feet, 102 out of 102 notices within 500 feet, and 2 notices to condominium or cooperative apartment managers. There were 100 properties entitle 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, any questions or discussion? There were no questions or discussion from the Commissioners. Greenwell: Motion to close the public hearing. Raymond: Second. Mr. Greenwell moved to close the public hearing; seconded by Ms. Raymond. Onizuka: Moved and seconded that we close the public hearing. 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. FEBRUARY 5, 2020 - LIQUOR COMMISSION MINUTES 11 Onizuka: Motion carried. The motion was carried unanimously. Nahale-a: Move to approve Application No. T19-19, pending final inspection. Raymond: Second. Ms. Nahale-a moved to approve Application No. T19-19, La Bourgogne LLC, dba La Bourgogne, located at Kuakini Plaza South, 77-6400 Nalani Street, Ste. 101, Kailua-Kona, Hawaii, TMK: 7-7-009:020 for the Sale and Transfer of the Dispenser General Liquor license, Category A, currently held by Little Sparrow, Inc., dba La Bourgogne French Restaurant, pending final inspection; seconded by Ms. Raymond. Onizuka: Moved and seconded that we approve Application T19-19, pending 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. Thank you. The motion was carried unanimously. Nahale-a: Thank you. Hughes: Congratulations. Smart: I have some letters... Onizuka: This Applicant is also on New Business, No. 3, so we'll take that out of order. Nahale-a: Mr. Chair, I think the Applicant wants to share something. Smart: It's just that I had letters that were returned that I spoke to Stacie about, and just wanted to make sure she had them. Onizuka: New Business, No. 3, La Bourgogne LLC, dba La Bourgogne. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 12 3. La Bourgogne LLC, dba La Bourgogne, approval to transfer liquor inventory from previous Licensee, Little Sparrow, Inc., dba La Bourgogne French Restaurant, to its pending Dispenser General liquor license, Category A, located the Kuakini Plaza South, 77-6400 Nalani Street, Ste. 101, Kailua-Kona, Hawaii. Greenwell: Move to approve. Raymond: Second. Mr. Greenwell moved to approve the transfer of liquor inventory from previous Licensee, Little Sparrow, Inc., dba La Bourgogne French Restaurant, to its pending Dispenser General liquor license, Category A, located the Kuakini Plaza South, 77-6400 Nalani Street, Ste. 101, Kailua-Kona, Hawaii; seconded by Ms. Raymond. Onizuka: Moved and seconded that we approve the transfer of liquor inventory. 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. Smart: Thank you. Nahale-a: Thank you. VI. Preliminary Hearings Onizuka: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMKS: LICENSE APPLIED FOR: T19-23 (10:16 A.M.) Outrigger Kona Resort LLC Outrigger Kona Resort and Spa 78-128 'Ehukai Street, Kailua-Kona, Hawai'i 7-8-010:038, 039, 059 and 7-8-012:058 Sale and Transfer of Hotel liquor license Currently held by Kona Surf Partners LLC, dba Sheraton Kona Resort & Spa at Keauhou Bay FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 13 Robert Ueoka, Esq., and Scott Miyasato, Sr. Vice President and General Counsel of Outrigger Hotels Hawaii, were present. Ueoka: Good morning, Mr. Chair, members of the Commission, Mr. Takase; Robert Ueoka on behalf of Outrigger Kona Resort LLC. Present to my right, Mr. Scott Miyasato. He is the Senior Vice President and General Counsel of Outrigger Hotels Hawaii. First name S, c, o, t, t; last name M, i, y, a, s, a, t, o. At this time we have no changes to the investigator's report. Onizuka: No changes to the report filed? Ueoka: No changes. Onizuka: Can you briefly describe the business, please? Ueoka: We have a resort and spa operation with restaurants, meeting rooms and a ballroom. We plan to continue, primarily, with existing operations. Onizuka: Thank you. Do we have any public testimony? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? Salave`a: Mr. Chair, I'd like to disclose for the record that I work for the landowner of the Applicant. Masuda: Mr. Chairman, if I may? Onizuka: He needs to recuse himself? Masuda: No, not yet. Does that relationship affect your ability to sit fair and impartially in view of this matter? Salave`a: No, it doesn't. Masuda: Do you have any financial interest in this matter? Salave`a: No, I do not. Masuda: Do you wish to recuse or are you able to sit and be impartial? Salave`a: I am able to be impartial. Ueoka: Just for the record, we have no objection. Onizuka: Any other discussion? FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 14 There was no other discussion from the Commissioners. Onizuka: Call for the motion. Raymond: Move to approve Application No. T19-23; if approved, public hearing to be held on March 5, 2020, in Hilo, Hawaii. Greenwell: Second. Ms. Raymond moved to approve Application No. T19-23, Outrigger Kona Resort LLC, dba Outrigger Kona Resort and Spa, for the Sale and Transfer of Hotel liquor license currently held by Kona Surf Partners LLC dba Sheraton Kona Resort & Spa at Keauhou Bay, located at 78-128 `Ehukai Street, Kailua-Kona, Hawaii, TMKS: 7-8-010:038, 039, 059 and 7-8-012:058; if approved, public hearing to be held on March 5, 2020, in Hilo, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application T19-23; if approved, public hearing to be held March 5, 2020, in Hilo. 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. Ueoka: Thank you. Onizuka: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR 19-24 (10:20 A.M.) Kapapala Ranch Kapapala Ranch 98-1900 Hawaii Belt Road, Pahala, Hawaii 9-8-001:009 Original Dispenser Beer and Wine liquor license, Category B2 Lani Petrie, Owner, was present. Onizuka: Can you introduce yourself and your relationship to the business? FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 15 Petrie: Yes, good morning. My name is Lani Petrie. I'm the Owner of Kapapala Ranch. Onizuka: Thank you. Are there any changes to the report that was filed with your application? Petrie: No. Onizuka: Can you briefly describe your business, please? Petrie: Our primary business is livestock. We are a cattle ranch. Twenty years ago, we did go through the process of getting the special use permit for eco -tourism. We have, in the last year, started to engage in more activities than we used to. Onizuka: Do we have any public testimony? There was no public testimony. Onizuka: Seeing none, Commissioners, discussion or questions? There was no discussion or questions from the Commissioners. Onizuka: When I read the application and what you're trying to start up now, it's similar to a restaurant and other places I've been to in Arizona. They have small steak fry places and I think that will be a good start. Petrie: Thank you. Onizuka: Call for a motion. Greenwell: I make the motion to approve Application 19-24; if approved, public hearing to be held on April 2, 2020, in Kona. Raymond: Second. Mr. Greenwell moved to approve Application No. 19-24, Kapapala Ranch, dba Kapapala Ranch, for an original Dispenser Beer and Wine liquor license, Category B2, located at 98-1900 Hawaii Belt Road, Pahala, Hawaii, TMK: 9-8-001:009; if approved, public hearing to be held on April 2, 2020, in Kona, Hawaii; seconded by Ms. Raymond. Onizuka: Moved and seconded that we approve Application No. 19-24; if approved, public hearing to be held on April 2, 2020, in Kona. Any discussion? There was no discussion from the Commissioners. Onizuka: All those in favor say, "Aye." FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 16 The Commissioners voted "Aye." Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Petrie: Thank you. Nahale-a: Thank you. Onizuka: APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 19-25 (10:23 A.M.) Amigos Cantina Inc. Amigo's Cantina 250 Keawe Street, Ste. C, Hilo, Hawai'i 2-3-011:015 Original Dispenser General liquor license, Category B2 Estelle Bowie, Owner, was present. Onizuka: Can you introduce yourself and your relationship to the business? Bowie: Hi, Estelle Bowie and I'm the Owner. Onizuka: Are there any changes to the report that was filed? Bowie: No. Onizuka: Can you describe your business, please? Bowie: I wanted to be like a small neighborhood bar that has different and fun activities, not always the same thing, like paint and sips, karaoke or dancing. Onizuka: Any public testimony? There was no public testimony. Onizuka: Seeing none, Commissioners, questions or discussion? Nahale-a: Mr. Chair, similar to the other Applicant that I mentioned about the charter school, you also have a charter school near here, Connections. There are a lot of kids around in that area'so it's good to have good relations with the school. Bowie: Yes, absolutely. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 17 Nahale-a: Partly, to be able to say, "Hey, you know, kids are loitering around in that area." Bowie: Definitely, I will make myself known and watch out for them. Nahale-a: Okay, thank you. Onizuka: Just for our information, where is this place? Bowie: In Hilo, near the Bayfront in Hilo. Onizuka: Bayfront? Takase: It's on Keawe Street in the old Ocean Sushi location. Onizuka: Where's the school? Takase: School is in the old Kress Building. Nahale-a: (referring to map) The school operates primarily down in this area, but they do walk around a lot in the downtown area. Onizuka: Any other discussion? There was no other discussion. Onizuka: Seeing none, call for a motion. Hughes: Motion to approve Application No. 19-25; if approved, public hearing to be held on April 2, 2020, in Kona. Greenwell: Second. Mr. Hughes moved to approve Application No. 19-25, Amigos Cantina Inc., dba Amigo's Cantina, for an original Dispenser General liquor license, Category B2, located at 250 Keawe Street, Ste. C, Hilo, Hawaii, TMK: 2-3-011:015; if approved, public hearing to be held on April 2, 2020, in Kona, Hawaii; seconded by Mr. Greenwell. Onizuka: Moved and seconded that we approve Application 19-25; if approved, public hearing to be held April 2, 2020, in Kona. Any other discussion? There was no other discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 18 Onizuka: Opposed, "Nay." There was no opposition by the Commissioners. Onizuka: Motion carried. Thank you. The motion was carried unanimously. Bowie: Thank you. Takase: Mr. Chairman, may we go back to number four on the agenda, Paradise Express? The continuance is going to be until April 2, 2020, instead of March 5, 2020. They missed their mailing deadlines again, so we can push it off to another month. Onizuka: It will go to April? Takase: Yes, April 2nd Raymond: Move to amend the continuance of Application No. 19-18; public hearing to be held on April 2, 2020. Nahale-a: Second. Ms. Raymond moved to amend the continuance of Application No. 19-18, Paradise Express LLC, dba Paradise Express, for an original Retail General liquor license, located at 84-4811 Hawaii Belt Road, Captain Cook, Hawaii, TMK: 8-4-014:040; public hearing to be held on April 2, 2020, in Kona, Hawaii; seconded by Ms. Nahale-a. Onizuka: Moved and seconded that amend the public hearing date to April 2, 2020. Any discussion? Greenwell: Mr. Chair? That would be moved to April 2"d in Kona? Takase: Yes. Onizuka: Yes. Onizuka: Any other discussion? There was no other discussion from the Commissioners. Onizuka: All those in favor say, "Aye." The Commissioners voted "Aye." Onizuka: Opposed, "Nay." FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 19 There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. VIII. New Business Onizuka: No. 1. 1. Papa Kona Coffee & Events, LLC, dba Papa Kona Coffee & Events (Restaurant), ratification of Application for Alteration Permit for the restoration of the downstairs bar area to its original intended use; approved by Director Gerald Takase on January 6, 2020, to its pending Restaurant General liquor license, Category B2, located at 75-5770 Ali'i Drive, Kailua-Kona, Hawaii. Greenwell: Mr. Chair, have there been any complaints? Last month there was a bunch of protests that came in on this. Takase: We have received some protest letters. Other than those letters received up to the last hearing, I believe the owners met with the condo owners and from what I understand, they were satisfied that they understood their concerns and they were okay with the amount of noise coming from there so far. We have had our investigators monitoring the situation, and they said there was music there last weekend and had no complaints. They do have sound meters and they're working with our investigators to synchronize them so that they're all on the same page. Greenwell: Okay, move to ratify. Nahale-a: Second. Mr. Greenwell moved to ratify the Application for Alteration Permit for the restoration of the downstairs bar area to its original intended use; approved by Director Gerald Takase on January 6, 2020, to its pending Restaurant General liquor license, Category B2, located at 75-5770 Alii Drive, Kailua-Kona, Hawaii; seconded by Ms. Nahale-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." FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 20 There was no opposition by the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: No. 2. 2. Big Island Group, dba Bongo Ben's Island Cafe, approval of Application for Transfer of Stock of more than 25% of the outstanding capital stock from Paul Rusnock, President/Director, to Manuel Martinez, Vice President/Director, effective on approval of the Liquor Commission, to its Restaurant General liquor license, Category 132, located at the Coconut Grove Marketplace, 75-5819 Alii Drive, Suite Nos. A-1 and A-2, Kailua-Kona, Hawaii. Nahale-a: Move to approve. Salave`a: Second. Ms. Nahale-a moved to approve the Application for Transfer of Stock of more than 25% of the outstanding capital stock from Paul Rusnock, President/Director, to Manuel Martinez, Vice President/Director, effective on approval of the Liquor Commission, to its Restaurant General liquor license, Category B2, located at the Coconut Grove Marketplace, 75-5819 Alii Drive, Suite Nos. A-1 and A-2, Kailua-Kona, 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: We took No. 3 already. No. 4. 4. Longs Drug Stores California, L.L.C., dba Longs Drugs #9620 (Kilauea), ratification of Application for Alteration Permit for renovation of the pharmacy to include, but not be limited to, removal of fixtures FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 21 and gondola runs, addition of fixtures to aisles, and expansion of baby section; approved by Administrative Officer Brandon Gonzalez on January 21, 2020, to its Retail General liquor license, located at 555 Kilauea Avenue, Hilo, Hawaii. Salave`a: Move to ratify. Nahale-a: Second. Mr. Salave`a moved to ratify the Application for Alteration Permit for renovation of the pharmacy to include, but not be limited to, removal of fixtures and gondola runs, addition of fixtures to aisles, and expansion of baby section; approved by Administrative Officer Brandon Gonzalez on January 21, 2020, to its Retail General liquor license, located at 555 Kilauea Avenue, Hilo, Hawaii; seconded by Ms. Nahale-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: No. 5 is done. I was just looking at the Longs (application). That doesn't involve liquor, right? Takase: It doesn't really, and we weren't going to require anything, but they had to go in for a building permit so it triggered the whole thing. I believe it was for the registers that they had to get the electrical done. Onizuka: Okay, No. 6. 6. JTJ Enterprises, Inc., dba Quinn's, ratification of Application for Temporary Increase in Licensed Premises to the parking lot fronting the building, on January 19, 2020; approved by Administrative Officer Brandon Gonzalez on January 17, 2020, to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawai'i. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 22 Nahale-a: Move to ratify. Salave`a: Second. Ms. Nahale-a moved to ratify the Application for Temporary Increase in Licensed Premises to the parking lot fronting the building, on January 19, 2020; approved by Administrative Officer Brandon Gonzalez on January 17, 2020, to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, 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: No. 7. 7. Kukio Golf and Beach Club, Inc., dba Kukio Golf and Beach Club, Inc., acceptance of change in Directors, with the election of Jason Werlin, Allison Schovee and Scott Mather, effective January 1, 2020, by letter dated January 20, 2020, received on January 21, 2020; and the Personal History and Affidavits for Jason Werlin, Allison Schovee and Scott Mather as Directors, to its Club liquor license, Category 132, and Retail General liquor license, located at 72-250 Kukio Nui Drive, Kailua-Kona, Hawaii. Nahale-a: Move to accept. Salave`a: Second. Ms. Nahale-a moved to accept the change in Directors, with The election of Jason Werlin, Allison Schovee and Scott Mather, effective January 1, 2020, by letter dated January 20, 2020, received on January 21, 2020; and the Personal History and Affidavits for Jason Werlin, Allison Schovee and Scott Mather FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 23 as Directors, to its Club liquor license, Category 132, and Retail General liquor license, located at 72-250 Kukio Nui Drive, Kailua-Kona, Hawaii. 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: No. 8. 8. KBXtreme LLC, dba KBXtreme, approval of Application for Change to a Class 2, Restaurant license from its Dispenser General liquor license, Category 132, located at 75-5591 Palani Road, Kailua-Kona, Hawaii, TMK: 7-5-004:045. Nahale-a: Move to approve. Salave`a: Second. Ms. Nahale-a move to approve the Application for Change to a Class 2, Restaurant license from its Dispenser General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii, TMK: 7-5-004:045; 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. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 24 Onizuka: Motion carried. The motion was carried unanimously. Onizuka: Special Licenses Issued for Ratification; requesting a motion for ratification of Special Licenses, Application Nos. SP -19-82 to SP1 9-98, Item Nos. 9(a) to 9(q). Nahale-a: So move. Hughes: Second. Ms. Nahale-a moved to ratify the following Special Licenses: 9. Special Licenses Issued for Ratification a. Application No. SP -19-82, Roman Catholic Church in the State of Hawaii, dba Saint Michael The Archangel Parish, for a Special Beer and Wine liquor license on December 26, 2019, on church property grounds, located at 75-5769 Ali'i Drive, Kailua-Kona, Hawai'i. b. Application No. SP -19-83, Parker School, dba Parker School, for a Special General liquor license on February 8, 2020, at The Fairmont Orchid, Hawaii Grande Ballroom, located at One North Kaniku Drive, Kohala, Hawai'i. C. Application No. SP -19-84, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on January 3-5, 10-12, and 30-31, 2020, in the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. d. Application No. SP -19-85, Waikoloa Dry Forest Initiative Inc., dba Waikoloa Dry Forest Initiative Inc., for a Special Beer and Wine liquor license on January 24, 2020, at the King's Shops at Waikoloa Beach Resort, located at 250 Waikoloa Beach Drive, Waikoloa, Hawaii. e. Application No. SP -19-86, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, on January 11, 2020, at the Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawai'i. Application No. SP -19-87, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on January 16, 2020, at the Palace Theater (Lobby), located at 38 Haili Street, Hilo, Hawai'i. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 25 g. Application No. SP -19-88, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license on January 18, 2020, at the Palace Theater (Lobby), located at 38 Haili Street, Hilo, Hawaii. h. Application No. SP -19-89, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license on January 25, 2020, at the Palace Theater (Lobby), located at 38 Haili Street, Hilo, Hawai'i. Application No. SP -19-90, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on February 1 and 2, 2020, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. j. Application No. SP -19-91, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on February 7-9, 2020, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawai'i. k. Application No. SP -19-92, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on February 14-16, 2020, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawai'i. I. Application No. SP -19-93, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on February 21-23, 2020, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. M. Application No. SP -19-94, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license on February 28 and 29, 2020, inside the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii. n. Application No. SP -19-95, Hawaii Island Humane Society S.P.C.A., dba Hawaii Island Humane Society S.P.C.A., for a Special Beer liquor license, on February 9, 2020, at The Shops at Mauna Lani, located at 68-1330 Mauna Lani Drive, Kamuela, Hawaii. o. Application No. SP -19-96, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, on January 24, 2020, at Volcano Arts Center, 19-4074 Old Volcano Road, Volcano, Hawai'i. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 26 P. Application No. SP -19-97, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, on January 25, 2020, at Volcano Arts Center, 19-4074 Old Volcano Road, Volcano, Hawaii. q. Application No. SP -19-98, H61ualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license on January 24, 2020, at the Donkey Mill Art Center, located at 78-6670 Mamalahoa Highway, H61ualoa, Hawaii. The motion was 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 from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. Onizuka: We did a correction to the agenda on this item. Transient Vessel Licenses Issued for Ratification; requesting a motion for ratification of Transient Vessel License, Application Nos. TV -19-49 to TV -19-51, Item Nos. 10(a) to 10(c). Nahale-a: Move to ratify. Salave`a: Second. Ms. Nahale-a moved to ratify the following Transient Vessel Licenses: 10. Transient Vessel Licenses Issued for Ratification a. Application No. TV -19-49, Hapag Lloyd (Bahamas) Ltd., dba MV Europa, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on March 14, 2020. b. Application No. TV -19-50, Seven Seas Cruises S. de R.L., dba Mariner, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on February 2, 2020. FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 27 C. Application No. TV -19-51, Intercruises as agents for Royal Caribbean Cruise Lines, dba Azamara Journey, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawai'i on January 11, 2020. The motion was 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 from the Commissioners. Onizuka: Motion carried. The motion was carried unanimously. IX. Announcements Onizuka: Liquor Commission meetings. Meetings of Liquor Commission March 5, 2020, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawai'i. April 2, 2020, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawai'i Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawai'i. Onizuka: Any other announcements? Takase: I will note on the Transient Vessel licenses that we received our first request for a boat to dock here because of the coronavirus situation. I guess they're pulling out of going to Asia and they have to find some other stop. The Emerald Princess is coming to the Big Island in lieu of going to China. The thought is that we may see more; they need to fill their agenda with ports of call. Ibarra: Gerald, if you look at the Special Licenses Issued for Ratification, some licenses have not yet been due. Are we ratifying it? The ones in February, Item k., I., m... FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 28 Takase: Because I approved them already, yes. Ibarra: You approved them already? Okay. Greenwell: Gerald, on these special licenses issued for ratification, the first one with the Catholic Church, their permit was for December 26. How far back do we generally go? Why didn't these people have their permit in sooner or on time? Takase: They would probably have it before the 26th, but it's a matter of us getting it on the agenda on time. Greenwell: Okay, so they're okay then? Takase: Yes, they have to get it in, but sometimes it comes in the eve of or the day before. Greenwell: That's not bad, but this one here was... Takase: Yes, so we approved it. Looking at the dates, it probably didn't make our January agenda because Dorsi has to fill it out and get it published. That's probably why it's on the February rather than the January agenda. Ibarra: And some, like I pointed out, come way in advance and you just approve it. Takase: Yes, others we receive, like Aloha Theatre, we probably get it in two- or three-month blocks because they run a theater program for that long and they submit it all at one time. We see a lot of special permits now because of the change by the Legislature to eliminate any cost for special licensees. So everybody's applying, nowadays, for a liquor license. Greenwell: No talk of putting a limitation on how many a year they have? Takase: No, it actually went the other way. We didn't limit them, but we used to give them four free and charge them twenty dollars per event after that. With all the problems they had on Maui the other year, the Legislature did away with all the requirements, so you can't charge them. If nothing is wrong, pretty much, you will grant them their licenses. We haven't seen too many new ones, though there are a few catching on. But even the older ones used to be a little more judicial about when they apply for a license, but it seems they're "shot -gunning" the whole thing now. You'll see, especially for the two theaters, Aloha Theatre and Parker Ranch, they have a lot of events now. Ibarra: Kainaliu Theater. Takase: Yes. Onizuka: Any other announcements? FEBRUARY 6, 2020 - LIQUOR COMMISSION MINUTES 29 There were no other announcements. X. Adjournment Onizuka: Call for a motion to adjourn. Salave`a: So move. Raymond: Second. Mr. Salave`a moved to adjourn; seconded by Ms. Raymond. 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 from the Commissioners. Onizuka: Motion carried. The meeting is adjourned. The motion was carried unanimously. The meeting adjourned at 10:40 A.M. G ral Takase Director The February 6,2020, Liquor Commission minutes were approved as circulated via email/mail on February 27, 2020, by the Liquor Commission of the County of Hawaii on March 5, 2020. FEBRUARY 6, 2020 -LIQUOR COMMISSION MINUTES 30