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HomeMy WebLinkAbout2022-12-01 Liquor Commission MinutesCOUNTY OF HAWAI`I DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MEETING MINUTES — DECEMBER 1, 2022 WEST HAWAI`I CIVIC CENTER 74-5044 ANE KEOHOKALOLE HIGHWAY KAI LUA-KONA, HAWAI `I I. Call to Order The meeting was called to order by Chair Raymond at 10:10 A.M., in the Council Chambers, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. The following were present and constituted a quorum: Commissioners: Dawn Raymond, Chair Ronald Ibarra, Vice Chair Laurisa Nishimoto, Commissioner Allen Salave`a, Commissioner Riley Smith, Commissioner Paula Thomas, Commissioner Jennifer Wilkinson, Commissioner Jennifer Yadao, Commissioner Absent and Excused: Doug Espejo, Commissioner Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer (via Zoom) Keyra Wong, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Hau`oli Sayles, Commission Secretary Raymond: This meeting is being recorded, so speak loud and clear and one at a time so the recording is good. We are conducting this meeting via Zoom and in person. Zoom participants, set your device microphone to mute. When it's time to speak, unmute your microphone, proceed with your statements, and when done, mute your microphone. You may log out when your item is done. Commissioners, state your name first so Zoom participants know who's speaking. We will now do roll call, please say present when your name is called. Sayles: Vice Chair Ibarra. Ibarra: Present. Sayles: Commissioner Nishimoto. Nishimoto: Present. Sayles: Commissioner Salave`a. Salave`a: Present. Sayles: Commissioner Smith. Smith: Present. Sayles: Commissioner Thomas. Thomas: Present. Sayles: Commissioner Wilkinson. Wilkinson: Present. Sayles: Commissioner Yadao. Yadao: Present. Sayles: Chair Raymond. Raymond: Present. Sayles: Absent and excused today is Commissioner Espejo. Others present are Director, Gerald Takase, Administrative Officer, Brandon Gonzalez, via Zoom we have Deputy Corporation Counsel, Keyra Wong, Licensing Officer, Stacie Waltjen, and Commission Secretary, Hau`oli Sayles. II. Approval of Minutes —November 3, 2022 (10:11 AM) Raymond: The November 3, 2022, meeting minutes were circulated via email on November 29, 2022. May I have a motion to approve the minutes as circulated? Ibarra: Commissioner Ibarra, move to approve the minutes as circulated. Salave`a: Commissioner Salave`a, second. Commissioner Ibarra moved to approve the November 3, 2022, Liquor Commission meeting minutes as circulated; Seconded by Commissioner Salave`a. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 2 OF 27 Raymond: Any discussion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor of approving November 3, 2022 minutes, please say "Aye." The Commissioners voted "Aye." Raymond: All opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda (10:12 AM) Raymond: We have an Addendum to the agenda. Pursuant to Section 92-7, Hawaii Revised Statutes, as amended, Item No. 1 is the proposed amendment to the agenda and has been determined not to be of major significance, nor does it affect a significant number of persons, and is proposed for placement on the agenda by two-thirds vote of the Commission. 1. New Business, ADD Item No. 11: 11. Hawaiirish LLC, dba Spinners Daiquiri Lounge, approval of request to extend the time issuance of the liquor license for good cause shown for an additional 6 months, from December 2, 2022, to and including June 2, 2023, by email dated November 28, 2022, of its Restaurant General liquor license, Category B 1, located at 75-5669 Ali `i Drive, Suite 1104, Kailua-Kona, Ha wai `i. Raymond: May I have a motion to approve the addendum? Thomas: Commissioner Thomas, move to approve. Salave`a: Commissioner Salave`a, second. Commissioner Thomas moved to approve the addendum; Seconded by Commissioner Salave`a. Raymond: Any discussion? There was no discussion from Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 3 OF 27 Raymond: Let's take a ro I I call vote. Sayles: Roll call vote on the motion to approve the addendum. Vice Chair Ibarra. Ibarra: Aye. Sayles: Commissioner Nishimoto. Nishimoto: Aye. Sayles: Commissioner Salave`a. Salave`a: Aye. Sayles: Commissioner Smith. Smith: Aye. Sayles: Commissioner Thomas. Thomas: Aye. Sayles: Commissioner Wilkinson. Wilkinson: Aye. Sayles: Commissioner Yadao. Yadao: Aye. Sayles: Chair Raymond. Raymond: Aye. Sayles: Madame Chair, you have eight "Ayes", the motion to approve the addendum has passed. The motion was carried unanimously. IV. Public Statements on Agenda Items (10:15 AM) Raymond: Any public statements from members of the public at this time? There was no reply from the public. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 4 OF 27 V. Public Hearings (10:15 AM) Raymond: There are no Public Hearings on this agenda. VI. Preliminary Hearings (10: 15 AM) 1. APPLICATION NO.: APPLICANT: (10: 15 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 22-08 DJL Holualoa LLC Holualoa Farm Kitchen 76-5900 Old Government Road, Holualoa, Hawaii 7-6-004-015 Original Restaurant General liquor license, Category 131 Ms. Lindsey Hull, and Ms. Kristin Richmer, Managers, were present via Zoom. Raymond: I believe we have the participant attending via Zoom. Can you please state your name and relationship to the business? Hull: Lindsey Hull, Agent. Richmer: Kristin Richmer, Agent. Raymond: Can you please describe the business? Hull: Yes, it's an existing restaurant. It was purchased by the Lawrence Family, DJL Holualoa, LLC (Limited Liability Company) in March of 2021, and we are looking to obtain a liquor license for dining hours. Raymond: Have you received the application report? Hull: Yes. Raymond: Are there any changes to the report? Hull: For the report, we didn't have breakfast hours on there, we would like to add that and turn that in, I don't know if that's possible, change that and send it over to Stacie, but that would be the only change on the paperwork. Raymond: Okay, thank you. Any public testimony? There was no public testimony. Raymond: Hearing or seeing none. Commission, any discussions or questions? Commissioner Smith. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 5 OF 27 Smith: Morning, I just had a couple questions that I want to go over with you. You purchased the business in 2021, and you've been operating since then? Richmer: The restaurant portion is not open at this time, the only part that is open is the coffee shop. Smith: Okay, sounds good. The concern that I have is, I've been there at that location when the business was previously open and run, and I think it's a really good location, thought the food was really good and everything. My concerns with businesses in the Holualoa area are that parking is somewhat limited. There's some on -street parking in front of the business, and there's some parking up on that small road off the back. If your employees take a lot of the parking there, you're not going to have much parking for customers. So, I'm just wondering how you intend to address the parking concern? Richmer: When they purchased the restaurant, they did the purchase the parking lot, it's about 600 feet down, and we are currently working through what that will look like for not only employees, but patrons as well. So, we do have something in mind to resolve the parking issue. Smith: Okay, sounds good, I appreciate you taking that step. The other general comment, Holualoa is kind of an interesting area because you have a lot of older kama`aina homes as well as businesses that are kind of intermixed amongst the residential area and the businesses, is sort of a destination on the corridor of Mamalahoa Highway. So, just a word of caution, since most businesses do not allow smoking in the business, sometimes your patrons that want to smoke a cigarette, might go outside of the business, which might be next to a house or someone else's residence, so I just want to caution you to make sure that you are monitoring the behavior of your patrons there later in the evening, having conversations, loitering, smoking, and impacts that might be created when your patrons leave your business, and in the vicinity of the area. So, I wish you well, but I just had those concerns that wanted to raise. Thank you. Richmer: Thank you. No, we really appreciate that. I think the biggest thing in our families are very much into preservation and restoration, and we feel that Holualoa is very special in many ways because it is a true place of businesses and other community members residentially. My sister and I, we both live in Holualoa as well, so we understand the special uniqueness of it, as well as the historical element of it too, and it's something that we are definitely thinking and working through of what that looks and feels like, so we make sure we're respectful to the nearby neighbors as well as, making sure that our customers have a very clear direction on where those types of things are accepted if not. So, appreciate you kind of pointing that out and reminding us as well. Smith: Thank you. Raymond: Thank you. Commissioners, any further discussion or questions? There was no discussion from Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 6 OF 27 Raymond: Hearing or seeing none. May I have a motion to approve or deny Application No. 22-08? If approved, public hearing to be held February 2, 2023 in Kona. Ibarra: Commissioner Ibarra, I move to approve Application No. 22-08, with public hearing to be held on February 2, 2023 in Kona. Smith: Commissioner Smith, second. Commissioner Ibarra moved to approve Application No. 22-08, DJL Holualoa LLC, dba Holualoa Farm Kitchen, for an original Restaurant General liquor license, Category B1, located at 76-5900 Old Government Road, Holualoa, Hawaii, TMK: 7-6-004-015, with public hearing to be held on February 2, 2023, in Kona, Hawaii; Seconded by Commissioner Smith. Raymond: Any discussion of this motion? Commissioner Smith. Smith: I apologize, I had one more question I forgot to ask. So, I know that you're intending to potentially open for breakfast, you mentioned that in the beginning of your introduction, that you're trying to add breakfast hours. The question I had is just a general one, every other business I know in Kona is having a difficult time finding employees so that they can open when they would like to open, so I'm just wondering how you're able to secure a workforce to be able to open when you'd like to open? Richmer: Great question, and definitely hearing that loud and clear, we've been fortunate enough to be able to be open at the coffee shop now for 11 months, it'll be a year in January. So, we've been really fortunate to be able to kind of secure staffing and kind of ramp up so that when we do open, we do have at least a core group of people that we feel very comfortable and confident with, so that we can make sure to staff appropriately. And again, I think breakfast is probably a little bit subjective, I think it would be a bit more of an early lunch situation, not necessarily like 7:00 am breakfast, but these are things that we are kind of working though. Smith: Thank you. Raymond: Any further discussion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor in approving Application No. 22-08, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 7 OF 27 There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. 2. APPLICATION NO.: APPLICANT: (10: 24 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 22-09 Black Rock Pizza #2 Kona, LLC Black Rock Pizza - Kona 75-5813 Alii Drive, #H, Kailua-Kona, Hawaii 7-5-009:025 Original Restaurant General liquor license, Category A Mr. Jay Chiasson, Co-owner, was present via Zoom. Raymond: I believe we have the co-owner attending via Zoom. Chiasson: Jay Chiasson of Black Rock Pizza. Raymond: Can you please describe your business? Chiasson: Absolutely. A full -service pizzeria, serving some of the best pizza on the planet in Kona, and we also will be doing cocktails, beer, and all that stuff that goes with the pizza. Raymond: Have you received your application report? Chiasson: Yes. Raymond: Are there any changes to your report? Chiasson: No. Raymond: Any public testimony? There was no public testimony. Raymond: Hearing or seeing none. Commission, any discussion or questions? There was no discussion from Commissioners. Raymond: Hearing or seeing none. May I have a motion to approve or deny Application No. 22-09? If approved, public hearing to be held February 2, 2023 in Kona. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 8 OF 27 Smith: Commissioner Smith, so moved. Nishimoto: Commissioner Nishimoto, second. Commissioner Smith moved to approve Application No. 22-09, Black Rock Pizza #2 Kona, LLC, dba Black Rock Pizza - Kona, for an original Restaurant General liquor license, Category A, located at 75-5813 AM Drive, #H, Kailua-Kona, Hawaii, TMK: 7-5-009:025, with public hearing to be held on February 2, 2023, in Kona, Hawaii; Seconded by Commissioner Nishimoto. Raymond: Any discussion of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor in approving Application No. 22-09, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. VII. Unfinished Business (10:25 AM) Raymond: There is no Unfinished Business at this time. VIII. New Business (10:26AM) 1. KW Kona Investors Beverage, LLC, dba Kona Village - Hale Ho`omau, dba Kona Village Resort, approval of request to extend the time issuance (10:26 AM) of the liquor licenses for good cause shown for an additional 12 months, from February 6, 2023, to and including February 6, 2024, by letters dated November 14, 2022, of its Retail General and Hotel liquor licenses, located at 72-300 Maheawalu Drive, Kailua-Kona, Hawaii. Passage requires finding of good cause pursuant to Rule 4-2(M) of the Rules and Regulations of the Liquor Commission of the County of Hawaii. If the Commission finds good cause, state what that good cause is when making the motion. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 9 OF 27 Mr. Robert Ueoka, Esq., Authorized Agent, and Mr. Michael Uber, Director of Operations, were present in person. Raymond: May I have a motion? Smith: Commissioner Smith, I move that we approve the request for extension of time due to the delays having to do with their construction. Thomas: Commissioner Thomas, second. Commissioner Smith moved to approve the request to extend the time issuance of the liquor licenses for good cause shown for an additional 12 months, from February 6, 2023, to and including February 6, 2024, by letters dated November 14, 2022, of its Retail General and Hotel liquor licenses, located at 72-300 Maheawalu Drive, Kailua-Kona, Hawaii; Seconded by Commissioner Thomas. Raymond: And I would like to call upon the attendees in front of us. Ueoka: Good morning Chair, Members of the Commission, Director Takase, Robert Ueoka on behalf of Kona Village Resort. Present to my right, Mr. Michael Uber, he's the Director of Operations. This is a request for additional time to issue the license, we're looking at opening date in June of 2023. We're requesting a period of one year just to be safe with lots of additional time, we do have good cause because the construction is ongoing. We are near completion, and we're looking forward to it. Raymond: Thank you. Any discussion of this motion? Commissioner Smith. Smith: With the opportunity to have you hear, can you just tell us a little bit about what the resort is going to be like different than how it was before? Uber: Yes, sir. Kona Village closed in 2011 after the tsunami. It's been basically redone, all the buildings are all new, but it is very much keeping with the original style of the resort before with individual hales. There's 150 keys, so 150 rooms, 25 more than they had previously, but they're individual units with their own door and thatched roofs, very similar to the Kona Village style before. Trying to keep many of the outlets the same, the Moana Restaurant will be the core restaurant in keeping with what was there in the past. The "Talk Story Bar" returns, the "Shipwreck Bar", we've taken the original boat that sailed into the bay that eventually sank, that they turned into the "Shipwreck Bar." We took the remains of that and took that to a craftsman in Honoka`a, and he rebuilt and remade that boat and put it back into the "Shipwreck Bar," so trying to honor many of the things that were special at Kona Village, it was a unique place. The General Manager, Fred Duarte, probably many of you remember Fred, I have a weekly call advising with Fred, he's amazing. He's still going in Montana, just talking about what an interesting place it is for both employees and the guests, they're remarkable. The following, there's over 8,000 people on the "Save Kona Village" page on Facebook, MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 10 OF 27 that are anxiously awaiting the return of that. So, we're trying to incorporate as many of the things that made that place special as possible, from coconut "Do Not Disturb" signs, to just the aloha that you got from aunty when you checked in, and she came around the front desk to say hello to you. So, the operator is Rosewood Hotels, they're new to Hawaii, they operate at Four Seasons and Ritz Carlton -like hotels around the world. There's one that's very similar to Kona Village in Mexico, Las Ventanas, there's 90 rooms, small, kind of a neat hotel. But, most of the executives of KV (Kona Village) is on board, a lot of folks are staff of people that are familiar with this place. We do have a few folks that are new to the island but we're trying to get them up to speed as much as we can with the story of Kona Village, there's no other hotel like that on the planet. So, it's exciting to bring it back. Smith: Sounds good, just a couple comments. So, are you going to have TV's (televisions) in the room? Uber: No, sir, no TV's (televisions) in the room. We will bring you a TV (television) if you have to, but I think we've got a t-shirt that will also say, "I had to have a TV (television) at Kona Village." Smith: You know, I remember when Fred was there, there's petroglyph fields sort of on the north side, so you guys will preserve that and everything? Uber: Yes, definitely. We're just doing some cosmetic repairs to the viewing platform on the petroglyph field, but we're bringing a new cultural center right where the paniolo grounds used to be that are adjacent to the petroglyph fields. So it will be a rebuild of the ho`okipa, or where the luau and imu was, so there'll be a whole imu luau cultural center, and petroglyphs. We're also planning to bring the school kids back, because that was a huge part, you know the buses could come and the kids could go down to the petroglyph fields, that's been closed since 2011, that's top priority to bring that back. Smith: Awesome. I also seen your ads in the paper, trying to recruit people, I'm intrigued by your bonus offer to encourage people to apply, so I hope you're successful, because I know having good staff is very critical to your operations. I know Scott Bedingfield very well too, and you know, when I've been down there a couple times, and seen the amount of employees that are working, and the contractors you have, I know you're making a huge impact on the economy of this island, so I appreciate everything that you're doing with your hotel. Thank you. Uber: Well, thank you, it's a special place, and I'm glad that both owners, one of the gentlemen I work for had his honeymoon there, the other partners been there 57 times. Both of those owners have an emotional connection to Kona Village which I think it deserves as a place. Smith: Thank you. Raymond: Any further discussion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 11 OF 27 There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor of approving this with good cause, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. 2. A-Bay's Cantina LLC, dba A-Bay's Island Grill, dba A-Bay's Island Cafe, dba Kona Pasta Co., ratification of Application for Pool Buying (10: 32 AM) Agreement between A-Bay's Island Grill, A-Bay's Island Cafe, and Kona Pasta Co., for the period 7/1 /22 to 6/30/23, approved by Director Gerald Takase on November 17, 2022, of its Dispenser General, Category A, and Restaurant General, Category B1, liquor licenses, for all Hawaii Island locations. Raymond: May I have a motion to ratify? Smith: Commissioner Smith, move to ratify. Thomas: Commissioner Thomas, second. Commissioner Smith moved to ratify the Application for Pool Buying Agreement between A-Bay's Island Grill, A-Bay's Island Cafe, and Kona Pasta Co., for the period 7/1 /22 to 6/30/23, approved by Director Gerald Takase on November 17, 2022, of its Dispenser General, Category A, and Restaurant General, Category B1, liquor licenses, for all Hawaii Island locations; Seconded by Commissioner Thomas. Raymond: Any discussion of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor in ratifying, please say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 12 OF 27 Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has passed. The motion was carried unanimously. 3. Food Pantry, Ltd., dba Mauna Kea Market, ratification of request to transfer liquor inventory from Food Pantry, Ltd., dba Mauna Kea Market, (10: 34 AM) to Mauna Kea Market LLC, dba Mauna Kea Market, approved by Director Gerald Takase on November 17, 2022, of its Retail General liquor license, located at the Mauna Kea Beach Hotel, 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii. Raymond: May I have a motion to ratify? Smith: Commissioner Smith, so moved. Ibarra: Commissioner Ibarra, second. Commissioner Smith moved to ratify the request to transfer liquor inventory from Food Pantry, Ltd., dba Mauna Kea Market, to Mauna Kea Market LLC, dba Mauna Kea Market, approved by Director Gerald Takase on November 17, 2022, of its Retail General liquor license, located at the Mauna Kea Beach Hotel, 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii; Seconded by Commissioner Ibarra. Raymond: Any discussion of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor to ratify, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 13 OF 27 4. Permits Issued for Ratification (10:35 AM) a. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, ratification of Application for Game Permit, for an event on November 9, 2022, approved by Director Gerald Takase on November 7, 2022, of its Club liquor license, Category B2, located at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii. b. Accor Management US Inc., dba The Fairmont Orchid, Hawaii, ratification of Application for Game Permit, for an event on December 2, 2022, approved by Director Gerald Takase on November 17, 2022, of its Hotel liquor license, located at One North Kaniku Drive, Kohala Coast, Hawaii. C. Mr. Michael Aldridge, ratification of Application for Individual Importation of Liquor Permit, for liquor inventory as part of the applicant's household goods, to be delivered to 67-511 Yutaka Pen Place, Kamuela, Hawaii, approved by Director Gerald Takase on November 22, 2022. Raymond: May I have a motion to ratify? Smith: Commissioner Smith, so moved. Ibarra: Commissioner Ibarra, second. Commissioner Smith moved to ratify Permits Issued for Ratification, Item No. 4(a) through 4(c), as stated in the agenda; Seconded by Commissioner Salave`a. Raymond: Any discussion of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor of ratifying, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has passed. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 14 OF 27 5. Temporary Increase in Licensed Premises Issued for Ratification (10:35 AM) a. Big Hitter Enterprises, LLC, dba Willie's Hot Chicken, ratification of Application for Temporary Increase in Licensed Premises, to include a small portion of the parking lot for a live music show on December 3, 2022, approved by Director Gerald Takase on November 17, 2022, of its Restaurant General liquor license, Category B1, located at 75-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawaii. b. FORC LLC, dba FORC, ratification of Application for Temporary Increase in Licensed Premises, to include half of the front parking lot for an event on December 3, 2022, approved by Director Gerald Takase on November 18, 2022, of its Restaurant General liquor license, Category B1, located at 65-1214 Lindsey Road, Kamuela, Hawaii. Raymond: May I have a motion to ratify? Smith: Commissioner Smith, so moved. Thomas: Commissioner Thomas, second. Commissioner Smith moved to ratify Temporary Increases Issued for Ratification, Item Nos. 5(a) and 5(b), as stated in the agenda; Seconded by Commissioner Thomas. Raymond: Any discussion of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor to ratify, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has passed. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 15 OF 27 6. Special Licenses Issued for Ratification (10:36 AM) a. License No. SP-22-067, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special General liquor license, for an event on November 5, 2022, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. b. License No. SP-22-068, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special General liquor license, for an event on November 5, 2022, held at 78-6670 Mamalahoa Highway, Holualoa, Hawaii. C. License No. SP-22-069, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license, for events on November 5, 11, 16, 18, and 19, 2022, held at the Kahilu Theatre, 67-1186 Lindsey Road, Kamuela, Hawaii. d. License No. SP-22-070, Veterans of Foreign Wars, of the United States, Post 3830, dba Veterans of Foreign Wars, of the United States, Post 3830, for a Special General liquor license, for an event on December 17, 2022, held at 15-755 Maluhia Road, Pahoa, Hawaii. e. License No. SP-22-071, Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, for a Special General liquor license, for events from November 1 - 30, 2022, held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii. f. License No. SP-22-072, Hilo Medical Center Foundation, dba Hilo Medical Center Foundation, for a Special Beer and Wine liquor license, for an event on November 6, 2022, held at 77 Laehala Street, Hilo, Hawaii. g. License No. SP-22-073, The Food Basket Inc., dba Hawaii Island's Food Bank, for a Special General liquor license, for an event on November 19, 2022, held at The Fairmont Orchid, One North Kaniku Drive, Kohala Coast, Hawaii. h. License No. SP-22-074, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, for an event on November 12, 2022, held at the Volcano Art Center, Dietrich Hall, 19-4074 Old Volcano Road, Volcano, Hawaii. i. License No. SP-22-075, Society for Kona's Education & Art (SKEA), dba Society for Kona's Education & Art (SKEA), for a Special Beer and Wine liquor license, for an event on November 12, 2022, held at 84-5191 Mamalahoa Highway, Captain Cook, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 16 OF 27 j. License No. SP-22-076, Kai`Ehitu Outrigger Team, dba Kai`Ehitu Outrigger Team, for a Special General liquor license, for an event on November 19, 2022, held at 75-5560 Kuakini Highway, Kailua-Kona, Hawaii. k. License No. SP-22-077, Hawaii Institute of Pacific Agriculture, dba Hawaii Institute of Pacific Agriculture, for a Special Beer and Wine liquor license, for an event on November 19, 2022, held at 52-4700 Akokni Pule Highway, Kapa`au, Hawaii. I. License No. SP-22-078, Fraternal Order of Eagles, dba Fraternal Order of Eagles, for a Special Beer and Wine liquor license, for events on December 2, 37 97 10, 16, 17, 23, 30, 31, 2022, held at The Fraternal Eagles Building, 16-111 Opukahaia Street, Keaau, Hawaii. M. License No. SP-22-079, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license, for events on December 3, 67 97 11, 15, 16, 23, 2022, held at the Kahilu Theatre, 67-1186 Lindsey Road, Kamuela, Hawaii. n. License No. SP-22-080, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special General liquor license, for events on November 25 and 27, 2022, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. o. License No. SP-22-081, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, for an event on December 3, 2022, held at Dietrich Hall, 19-4074 Old Volcano Road, Volcano, Hawaii. Raymond: May I have a motion to ratify? Smith: Commissioner Smith, so moved. And I just want to make a comment, I appreciate Gerald approving these administratively so that we can ratify them later, and these non -profits can continue with their events. Raymond: May I have a second? Thomas: Commissioner Thomas, second. Commissioner Smith moved to ratify Special Licenses Issued for Ratification, Item Nos. 6(a), through 6(o), License Nos. SP-22-067 through SP-22-081, as stated in the agenda; Seconded by Commissioner Thomas. Raymond: Any discussion of this motion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 17 OF 27 There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor to ratify, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. 7. Temporary License Issued for Ratification (10:37 AM) a. License No. T-REST-G-999, Big Island Brewing LLC, dba Hilo Beer Garden, for a Temporary Restaurant General liquor license, Category B2, located at 421 Makalika Street, Hilo, Hawaii, effective November 4, 2022. Raymond: May I have a motion to ratify? Smith: Commissioner Smith, move to ratify. Nishimoto: Commissioner Nishimoto, second. Commissioner Smith moved to ratify Temporary License Issued for Ratification, Item No. 7(a), License No. T-REST-G-999, as stated in the agenda; Seconded by Commissioner Nishimoto. Raymond: Any discussion of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor to ratify, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 18 OF 27 The motion was carried unanimously. 8. Transient Vessel License Issued for Ratification (10:37 AM) a. License No. TV-22-035, NCL (Bahamas) Ltd., dba Norwegian Spirit, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii, on on November 22, 2022. Raymond: May I have a motion to ratify? Thomas: Commissioner Thomas, so moved. Smith: Commissioner Smith, second. Commissioner Thomas moved to ratify Transient Vessel Licenses Issued for Ratification, Item No. 8(a), License No. TV-22-035, as stated in the agenda; Seconded by Commissioner Smith. Raymond: Any discussion of this motion? Commissioner Smith. Smith: Gerald, I just had a question, you know in prior meetings we've had numerous transient vessel, but this is only one, so are things slowing down? Takase: I don't think so, it's just when they come in to us. In previous months, we've had some of them way out, so I don't think it's a sign of things slowing down, or it may have been that this ship came in late. Smith: Thank you. Raymond: Any further discussion? There was no further discussion from Commissioners. Raymond: Hearing and seeing none. All those in favor to ratify, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 19 OF 27 The motion was carried unanimously. 9. Liquor Commission Performance Appraisal Review for (10:39 AM) Gerald Takase, Director of Liquor Control, dated November 2, 2022. Raymond: Commission discussion and questions, I'm going to pass it over to Commissioner Smith. Smith: Thank you, Chair. In every other Board and Commission I've been on, especially if the Board or Commission has the approval or authority to hire and fire the Administrator or Director, we always acknowledge the work at the end of the year and provide feedback, and I think it's appropriate. You know I mentioned when I came before to the Liquor Commission, because I've been on both the Liquor Commission and the Adjudication Board in the past, that I thought that the Liquor Control Department is the best run Department in the County, and one of the reasons is you have really good staff here. I think Gerald and Brandon, plus Stacie and everyone else of the staff are really conscientious, and I think we need to document that, because I don't think it's typically been done in the past. So, I kind of drafted enclosure No. 9 in your packets. tried to include in there some of the specific instances that I remember Gerald, Stacie, and Brandon reaching out to licensees and others, especially some that had potential conflicts. Some of the ones that stood out were that market in Puna, where they had a flag lot and there were some parking and access issues, and things like that. Gerald and Stacie went out there to talk to them and had a meeting of the minds so that everybody was sensitive of each other's concerns. The other one that kind of stood out to me was the former Ace Hardware on Kilauea in Hilo, and the liquor service they wanted to have when they're in close proximity to the residential area. Brandon with his staff went out and did noise studies and provided a whole lot of data to try and ease some of the concerns. And I typically do not see that kind of outreach and proactive effort to mitigate problems before they occur in other departments of the County. So, just wanted to document that, that was kind of the purpose of my long-winded thing of why I think we should give a recommendation and evaluation on Gerald which reflects on his staff, and that's why I wrote this thing up. Thank you. Raymond: Commissioners, any further discussions? Ibarra: Yes, I would like to echo what Riley said. Having sat on this Commission and other Commissions throughout the State, what I've noticed about this Commission is, as stated by Riley, that Gerald and his staff really gets along well with the community. Frankly, I was surprised that I don't think I can remember an application that came before this Commission which was denied, I don't know if you could. If there were problems, it was sent back basically to the Department, Gerald and his staff would work it out with the community and the applicant. And I never seen any Commission do that, got the feeling, coming from the Judiciary branch where people have problems come before me and I have to make the decision, but here it's pleasant to see that when it comes before us the Commission, that's it's already resolved, or almost been resolved, it goes back to being resolved. And for that, I commend Gerald and his staff for taking MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 20 OF 27 that approach. Once last administrative question, Gerald, who rated you before this? Takase: It was the Commission, but there was never any formal review. Ibarra: Okay, now we got it thanks to Riley. Takase: I was thinking maybe I don't want to ask a lot of times. Raymond: Okay, any further discussion? Thomas: Yes, I have a comment. Couple things, one is when people come before the Commission, I know from having talked to some of the people outside of this context, that they're a little intimidating, they're a little intimidated by just the way we're set up. But, separate people I've spoken to have also found that working with the Department of Liquor Control has been a very helpful, pleasant, congenial experience, and they find in general that the staff members are very willing and supportive to help, that by the time that they get to the Commission for ratification, even though they're a little nervous, they're also prepared, informed, and all of that, and they find the overall experience is just really helpful and supportive of their business interests, and that is wonderful. And also appreciate, as Riley and Ron said, that when there is seemingly some kind of a conflict, and we had that at the Kona International Market area, where there was a tenant and a landlord that were not in agreement about what was going on, that the offer was made right here to have a separate meeting, negotiate and solve the problem. So, it's all about solution making to make everybody's business work, and I just appreciate that very pro -business, support the community's investment in the economy approach that the Department takes. And I think that even Gerald, the way that you interact with people, and you have sort of this soft-spoken manner really makes them want to, and comfortable with just meeting with you and the staff. I had specific compliments about Stacie in the past, so I'm all in favor of this evaluation but probably add a few more notes in the comments in some of the columns on the right. So, thank you for doing this. Raymond: Any further discussion, questions? Nishimoto: I feel like I need to speak up as a newcomer to the Commission. I echo exactly what has been shared. Being able to travel and hear of other Commissions and how they operate, and having the privilege of serving on this one, to be a very positive experience, and a proactive Commission, and I'm very pleased with how everything has turned out and how everything is run. So, as a new person and as someone who is very keen into looking at the operations, I very much appreciate the staff, as well as Gerald's direction in how everything is run, and I totally agree with this evaluation and the marks that it has received. Raymond: Any further discussion, questions? There was no further discussion from Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 21 OF 27 Takase: I want to thank all of you for your kind words. I served as Corporation Counsel for this Department for a long time, so I kind of saw a lot of where we could improve on, and not that the last Director was bad, but I felt we could do more. And being a Corporation Counsel, we kind of always get involved in controversy, so rather than waiting for it, if we can get to the parties early on, that's usually the best. And from where I sit, we can kind of see what both sides are doing, so it's kind of easy to get out in front of it and talk to both sides, because I know what the public and licensees are thinking. We talk to them about what they can do and what they can't do, usually. Stacie has been very good at reaching out to them, she will meet with them a lot on her own as well, kind of giving them the realization of what could happen to them, and as much as possible, we try to help these licensees. I kind of feel for them, they're venturing out into something new, they're sticking their necks out, so I want to give them the ability to make it, I don't want the County or our Department to be a hinderance to their dreams, so as much as possible, we will assist them. I kind of hand-picked a lot of our staff, Brandon, Stacie, Marcia who just left and might hinder us a little bit, and Nyssa. They were kind of key to the success of this Department, and I asked a lot of them, and they don't always agree with me, but they do follow through and it helped us. And I think as you can see from this last conference that we did, which was kind of an undertaking, I kind of made them all work hard at it. But you know, we did it back-to- back, which is kind of unheard of, but we came through and I think you're seeing the results of it now, that we are classified as the lead jurisdiction in the State in terms of liquor, and I'm very proud of that. So, thank you to the Commission for supporting us, and thank you for this evaluation. Raymond: Okay. Any further discussions, questions? There was no further discussion from Commissioners. Raymond: So now, may I have a motion to approve the Performance Appraisal Review for Gerald Takase, Director of Liquor Control, dated November 2, 2022? Smith: Commissioner Smith, so moved. Nishimoto: Commissioner Nishimoto, second. Commissioner Smith moved to approve the Performance Appraisal Review for Gerald Takase, Director of Liquor Control, dated November 2, 2022; Seconded by Commissioner Nishimoto. Raymond: Any discussions of this motion? There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor in approving the Performance Appraisal, please say "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 22 OF 27 The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. Change Order of Business: The following item was taken out of order ADDENDUM 11. Hawaiirish LLC, dba Spinners Daiquiri Lounge, approval of request to extend the time issuance of the liquor license for good cause shown (10: 50 AM) for an additional 6 months, from December 2, 2022, to and including June 2, 2023) by email dated November 28, 2022, of its Restaurant General liquor license, Category 131, located at 75-5669 Ali`i Drive, Suite 1104, Kailua-Kona, Hawaii. Passage requires finding of good cause pursuant to Rule 4-2(M) of the Rules and Regulations of the Liquor Commission of the County of Hawaii. If the Commission finds good cause, state what that good cause is when making the motion. Raymond: May I have a motion to approve with good cause? Smith: Commissioner Smith, so moved, and the good cause is their explanation of delays in permitting that they've experienced, and they hope to open in the next six months. Raymond: Thank you. May I have a second? Thomas: Commissioner Thomas, second. Commissioner Smith moved to approved the request to extend the time issuance of the liquor license for good cause shown for an additional 6 months, from December 2, 2022, to and including June 2, 2023, by email dated November 28, 2022, of its Restaurant General liquor license, Category B1, located at 75-5669 Ah'i Drive, Suite 1104, Kailua-Kona, Hawaii; Seconded by Commissioner Thomas. Raymond: Any discussion of this motion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 23 OF 27 There was no discussion from Commissioners. Raymond: Hearing or seeing none. All those in favor in approving with good cause, please say "Aye." The Commissioners voted "Aye." Raymond: All opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. Return to Order of Business (10: 51 AM) 10. Election of Liquor Commission Chair and Vice Chair for 2023. Raymond: I would like to make a nomination, to nominate Ronald Ibarra as the next Chair for 2023, along with Vice Chair for 2023, Laurisa Nishimoto. That's my nomination, are there any other nominations? Salave`a: Commissioner Salave`a, second. Chair Raymond moved to approve the election of Ronald Ibarra as Chair, and Laurisa Nishimoto as Vice Chair for 2023; Seconded by Commissioner Salave`a. Raymond: Any discussion? Vice Chair Ibarra, would you like to make any comments? Ibarra: You know, when I took the position of Vice Chair, I think I said "so long as don't become Chair." And having served in this position now and seeing how the Commission is run, I'm honored frankly if I was selected as Chair to continue and support the good work that the Liquor Control Department is doing. Raymond: Thank you. And then, for Commissioner Nishimoto? Nishimoto: Exactly what Ron had said, and a little different though, I think my goal within the five years of serving, I do plan on someday becoming the Chair, so this is a good first step. Raymond: Any further discussion, comments? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 24 OF 27 There was no further discussion from Commissioners. Raymond: Okay, let's go take a vote then. All those in favor of approving the motion to have Ronald Ibarra as 2023 Liquor Commission Chair, and Laurisa Nishimoto for Vice Chair, please say "Aye." The Commissioners voted "Aye." Raymond: All those opposed, please say "Nay." There was no opposition by Commissioners. Raymond: Motion has carried. The motion was carried unanimously. IX. Announcements (10:55 AM) Meetings of the Liquor Commission January 5, 2023, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. February 2, 2023, 10:00 A.M., Building G Meeting Room, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. Raymond: Any other further announcements? Ibarra: Yes, I have. I understand that this is Dawn's last meeting, and I'd like to thank her for her hard work for five years and ending as the Chair of the Commission. Having been in government for almost 40 years, I was at Corporation Counsel, Managing Director, and judge for 28 years, and having seen other island's Liquor Commissions operate, I can honestly state, when I first came on this Commission I was worried because Honolulu, you know Honolulu they have a lot of problems, a lot of Directors change, and I'm thankful that we have Gerald and his staff, and we have people like you folks all on this Commission, so for that I would like to thank you. I also understand, Riley is leaving us too. Smith: Yes. Ibarra: And this is his last meeting? Smith: Yes. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 25 OF 27 Ibarra: And again, Riley, thank you. And thank you for bringing up Gerald's evaluation before you leave, and at least now we can follow-up on that every year. Is that annual performance? Smith: I would suggest it should be. Ibarra: Yes, so that's normal, right? Takase: The new normal, yes. And Allen is leaving us. Ibarra: And Allen, yes, thank you for serving too, and I'm sure all of us would like to thank you, and I know I don't speak only for myself. This is what makes the Commission great, you know we have people from different walks of life, it's almost like a jury, a jury of your peers. When they come before you, people in the community look at the application, they know the community, Riley always asks the questions, and we know how the community thinks like how Gerald said basically, and we try to support the community and the applicant. That's why it makes this Commission a great Commission, also we can't forget the staff and Gerald. Takase: I have here from Mayor Mitch Roth, Certificate of Appreciation for Dawn Raymond, serving as our Chair and on the Commission. When Dawn came to us, she was very quiet in the beginning, but she learned very fast. When Mike Hughes was the Chairman, she had to serve as the shadow Chairman to help him along, and she did a good job with that. Allen, we didn't have anybody from Volcano area, and we probably won't have one again now, but Allen came through and served admirably. Allen, I present this Certificate of Appreciation from the Mayor. Riley is leaving us mid-term because of his appointment to the Board of Land and Natural Resources. Smith: I was asked to serve on the Board of Land and Natural Resources, and if you're familiar with DLNR (Department of Lane and Natural Resources), there's like a thousand employees, and they get involved with harbors and parks, and a whole lot of different things. And what I found in the six months that I've been on that Board is that a lot of decisions are made from a desk in Honolulu, and they kind of ignore us folks from the neighbor islands. So you know, the representatives from Maui and Kauai, we kind of get together and look out for each other, and make sure that the needs and desires of the neighbor islands are addressed, because I think everything tends to be Honolulu -centric. And the time commitment is to meet twice a month, the packet is three inches thick, and there's a lot of dialogue, the meetings go eight hours a day, sometimes they go multiple days. So, I just knew that I couldn't serve on this one and do what I thought was appropriate. In my conversation with the Mayor, he said he would appreciate me looking out for Hawaii Island's interest, so I had to make a decision on that, and that's what I thought made the most sense. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, DECEMBER 1, 2022 - KONA PAGE 26 OF 27 Takase: And you were appointed in July? Smith: Yes. Takase: So, he actually stayed on with us to kind of keep us going, so I appreciate that. Thank you, and good luck to you, and you're always welcome back. Raymond: Okay, any other announcements? We're all good? There was no further announcements. X. Adjournment Meeting adjourned at 11:00 A.M. Gerald Taka Director The December 1, 2022 meeting minutes were approved as circulated, via email on December 29, 202Z by the Liquor Commission of the County of Hawaii on January 5, 2023. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY.. DECEMBER 1, 2022 - KONA PAGE 27 OF 27