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HomeMy WebLinkAbout2023-06-01 Liquor Commission MinutesCOUNTY OF HAWAI`I DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MEETING MINUTES —JUNE 19 2023 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 Ibarra at 10:00 A.M., in the Building G Meeting Room, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. The following were present and constituted a quorum: Commissioners: Ronald Ibarra, Chair Laurisa Nishimoto, Vice Chair Doug Espejo, Commissioner David Greenwell, Commissioner Wil Okabe, Commissioner Paula Thomas, Commissioner Jennifer Wilkinson, Commissioner Jennifer Yadao, Commissioner Absent and Excused: None Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Dakota `Cody' Frenz, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Hau`oli Sayles, Commission Secretary Ibarra: This meeting is being recorded, so speak loud and clear and one at a time. We're 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 off 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 Nishimoto. Nishimoto: Present. Sayles: Commissioner Espejo. Espejo: Present. Sayles: Commissioner Greenwell. Greenwell: Present. Sayles: Commissioner Okabe. Okabe: Present. Sayles: Commissioner Thomas. Thomas: Present. Sayles: Commissioner Wilkinson. Wilkinson: Present. Sayles: Commissioner Yadao. Yadao: Present. Sayles: Chair Ibarra. Ibarra: Present. Sayles: Others present are Director Gerald Takase, Administrative Officer Brandon Gonzalez, Deputy Corporation Counsel Cody Frenz, Licensing Officer Stacie Waltjen, and Commission Secretary Hau`oli Sayles. II. Approval of Minutes— May 4, 2023 (10:01AM) Ibarra: The May 4, 2023, meeting minutes were circulated via email on May 25, 2023. Is there a motion to approve as circulated? Okabe: Commissioner Okabe, so moved. Ibarra: Is there any second? Greenwell: Commissioner Greenwell, second. Commissioner Okabe moved to approve the May 4, 2023, Liquor Commission meeting minutes as circulated; Seconded by Commissioner Greenwell. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 2 OF 48 Ibarra: Any discussion, Commissioners? There was no discussion from Commissioners. Ibarra: No discussion. All those in favor say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition say "Nay." There was no opposition by Commissioners. Ibarra: No opposition, the motion is passed. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda (10:01 AM) Ibarra: There is no Addendum and/or Supplemental Agenda. IV. Public Statements on Agenda Items (10:02 AM) Ibarra: Any public statements from members of the public at this time? There were no statements from members of the public. V. Public Hearings (10:02 AM) 1. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 22-25 (10: 02 AM) Troon Beverages, Inc. Volcano Golf Course 99-1621 Pi`i Mauna Drive, Volcano, Hawaii 9-9-006:006 and 9-9-006:007 Original Dispenser General liquor license, Category B2 Robert Ueoka, Esq., Authorized Agent, and Dawn Crozier, General Manager, were present in person. Ibarra: Please state your appearance. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 3 OF 48 Ueoka: Good morning, Chair, Members of the Commission, Mr. Takase, Robert Ueoka on behalf of Volcano Golf Couse. Present to my right is Dawn Crozier, she's the General Manager of Volcano Golf Course. Ibarra: Please describe the business. Ueoka: It's a golf course located in Volcano, we're currently operating under a temporary trailer, and we did get golf carts, so we are operating but not serving alcohol, of course. We look forward at some point to have a beverage cart for the golf course, and also a restaurant, but we haven't started construction on that, so we are operating under a temporary trailer at this time, and we are seeking a dispenser liquor license. Ibarra: Did you receive the application report? Ueoka: We did, we have no changes to the investigator's report. Ibarra: Mr. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 22 out of 22 notices within 100 feet, 178 out of 178 notices within 500 feet. There were 177 properties entitled to protest, we received no protests to this application. I also note that we did actually receive two letters of support for this application. Ibarra: Thank you. Any public testimony on this matter? There was no public testimony. Ibarra: There be none. Commissioners, any questions or discussion? Mr. Greenwell. Greenwell: When the new building is put up, do they apply again for another liquor license, or is it transferred? Takase: The license they're applying for now covers their entire property, the golf course. So, when they come in to actually build, all they'll do is file an Alteration Permit, to add on their property. So, it doesn't require them to come back because the whole property is noticed already, so it will be able to operate. Secondly, it's just a matter of providing a building at that point, so their operation in terms of liquor will be the same. Greenwell: Thank you. Ibarra: Any other Commissioners have any questions or discussion? There was no discussion from Commissioners. Ibarra: There be none. Is there any motion to close the public hearing? Thomas: Commissioner Thomas, move to close public hearing. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 4 OF 48 Nishimoto: Commissioner Nishimoto, second. Commissioner Thomas moved to close the public hearing; Seconded by Commissioner Nishimoto. Ibarra: Any discussion on the motion to close the public hearing? There was no discussion from Commissioners. Ibarra: There be none. All those in favor of closing the public hearing, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition to close the public hearing, the motion is passed. The motion was carried unanimously. Ibarra: Is there a motion to approve or deny Application No. 22-25, pending final inspection? Nishimoto: Commissioner Nishimoto, move to approve Application No. 22-25, pending final inspection. Thomas: Commissioner Thomas, second. Commissioner Nishimoto moved to approve Application No. 22-25, Troon Beverages, Inc., dba Volcano Golf Course, for an Original Dispenser General liquor license, Category B2, located at 99-1621 Pi`i Mauna Drive, Volcano, Hawaii, TMK: 9-9-006:006 and 9-9-006:007, pending final inspection; Seconded by Commissioner Thomas. Ibarra: Any discussion of the motion to approve, Commissioners? There was no discussion from Commissioners. Ibarra: No discussion. All those in favor of the motion to approve, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 5 OF 48 There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. Ibarra: The next three items will be taken out of order, Item Nos. 3, 4, and 5, and this is so that we can allow more time for Item No. 2 listed on the agenda. CHANGED THE ORDER OF BUSINESS: ITEM NOS. 3, 4, AND 5, WERE TAKEN OUT OF ORDER 3. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 22-28 (10:06 AM) Lucy's Taqueria Inc. Daisy's 28-1692 Old Mamalahoa Highway, Unit 3, Honomu, Hawaii 2-8-014:107 Change in Location from 98 Ponahawai Street, Hilo, Hawaii, to its Restaurant General liquor license, Category B2 Marlene Hall, Owner, was present in person. Ibarra: Ma'am, good morning, please state your name. Hall: Good morning, Marlene Hall. Ibarra: What is your position with this matter? You're the owner? Hall: I am the owner. Ibarra: Please state the type of business you have. Hall: It's a little hamburger shop up in the small town of Honomu, open kind of a half day thing, and we want to be able to serve liquor as well. Ibarra: Did you receive a copy of the application report? Hall: Yes. Ibarra: Are there any changes to the report? Hall: No. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 6 OF 48 Ibarra: Mr. Director, any protests? Takase: Mr. Chairman, the applicant mailed 3 out of 4 notices within 100 feet, 43 out of 46 notices within 500 feet. There were 46 total properties entitled to protest, we received no protests to this application. Ibarra: Thank you. Any public testimony regarding this application? There was no public testimony. Ibarra: There be none. Commissioners, any questions or discussion? Thomas: I just have a quick one, what's the seating capacity of Daisy's? Hall: 18, 20? Let's say 21. Yeah, it's small. Ibarra: Any other questions or comments by the Commissioners? There was no discussion from Commissioners. Ibarra: Okay, there be none. Any motion to close public hearing, Commissioners? Okabe: Wil Okabe, move to close. Nishimoto: Commissioner Nishimoto, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Nishimoto. Ibarra: Any discussion on the motion to close the public hearing? There was no discussion from Commissioners. Ibarra: There be none. All those in favor of closing the public hearing, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. Ibarra: Any motion to approve or deny Application No. 22-28, pending final inspection? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 7 OF 48 Thomas: Commissioner Thomas, move to approve Application No. 22-28, pending final inspection. Nishimoto: Commissioner Nishimoto, second. Commissioner Thomas moved to approve Application No. 22-28, Lucy's Taqueria Inc., dba Daisy's, for a Change in Location, from 98 Ponahawai Street, Hilo, Hawaii, to its Restaurant General liquor license, Category B2, located at 28-1692 Old Mamalahoa Highway, Unit 3, HonomQ, Hawaii, TMK: 2-8-014:107, pending final inspection; Seconded by Commissioner Nishimoto. Ibarra: Any discussion on the motion to approve Application No. 22-28, pending final inspection? Commissioners, any discussion? There was no discussion from Commissioners. Ibarra: There's no discussion. All those in favor to approve Application No. 22-28, pending final inspection, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. 4. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: T22-29 (10:09 AM) J N B Investment Corporation Barcode Karaoke & Grill 74-5605 Luhia Street, #136, Kailua-Kona, Hawaii 7-4-015:021 Sale and Transfer of the Dispenser General liquor license, Category 131 and D, currently held by OS JK, Inc., dba Club Korea & BBQ Jung Byun, Owner, was present in person. Ibarra: Please tell us your name, good morning. Byun: Hi, my name is Jung Byun. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 8 OF 48 Ibarra: And Ms. Byun, you are the owner? Byun: Yes. Ibarra: And, could you tell us what this business is about? Describe the business. Byun: Yes. Actually, like a karaoke bar, but I have a hostess so actually a hostess bar, but more the local people came, so I also accept the karaoke customers too. Ibarra: This is a karaoke bar? Byun: Yes. Ibarra: And you're applying for the transfer of the liquor license? Byun: Yes, from Club Korea. Ibarra: And, did you receive the application report? Byun: Yes. Ibarra: Any changes? Byun: No. Ibarra: Mr. Director, any report of protests? Takase: Mr. Chairman, the applicant mailed 4 out of 4 notices within 100 feet, 24 out of 24 notices within 500 feet. There were 13 properties entitled to protest, we received no protests to this application. Ibarra: Thank you. Any public testimony on this matter? There was no public testimony. Ibarra: There's none. Commissioners, are there any questions or any discussion on this matter? There was no discussion from Commissioners. Ibarra: No questions or discussion by the Commissioners. Any motion to close the public hearing, Commissioners? Nishimoto: Commissioner Nishimoto, move to close the public hearing. Ibarra: Any second? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 9 OF 48 Yadao: Commissioner Yadao, second. Commissioner Nishimoto moved to close the public hearing; Seconded by Commissioner Yadao. Ibarra: Any discussion, Commissioners, on the motion to close the public hearing? There was no discussion from Commissioners. Ibarra: No discussion. All those in favor to close the public hearing, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to close public hearing is passed. The motion was carried unanimously. Ibarra: Is there a motion to approve or deny Application No. T22-29? Okabe: Wil Okabe, approve Application No. T22-29. Ibarra: Any second? Espejo: Commissioner Espejo, second. Commissioner Okabe moved to approve Application No. T22-29, JNB Investment Corporation, dba Barcode Karaoke & Grill, for a Sale and Transfer of the Dispenser General liquor license, Category 131 and D, currently held by OS JK, Inc., dba Club Korea & BBQ, located at 74-5605 Luhia Street, #136, Kailua-Kona, Hawaii, TMK: 7-4-015:021, pending final inspection; Seconded by Commissioner Espejo. Ibarra: Any discussion of the motion to approve Application No. T22-29, Commissioners? There was no discussion from Commissioners. Ibarra: There be none. All those in favor of the motion to approve Application No. T22-29, please say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 10 OF 48 Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. 5. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: T22-31 (10:12 AM) Ohana Foods Inc. Mizuno Superette 96-3167 Pi kake Street, Pahala, Hawaii 9-6-016:035 Sale and Transfer of the Retail General liquor license, currently held by H H & S, Inc., dba Mizuno Superette Carl Okuyama, Co-owner, was present in person. Ibarra: Good morning, please state your name. Okuyama: Good morning, my name is Carl Okuyama. Ibarra: And Mr. Okuyama, what is your relationship to the business? Okuyama: I'm the President of the Corporation. Ibarra: Is Ms. Amy Okuyama appearing? Okuyama: No, she's not. Ibarra: What type of business is this? Okuyama: This is a neighborhood grocery store. Ibarra: Did you receive the application report? Okuyama: Yes, I did. Ibarra: Are there any changes? Okuyama: None. Ibarra: Mr. Director, any report of protests? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 11 OF 48 Takase: Mr. Chairman, this is a sale and transfer, notification was made by publication on May 14t", we received no protests to this application. Ibarra: Thank you. Any public testimony on this matter? There was no public testimony. Ibarra: There's none. Commissioners, any questions or discussion? There was no discussion from Commissioners. Ibarra: No questions or discussion by the Commissioners. Is there a motion to close the public hearing, Commissioners? Nishimoto: Commissioner Nishimoto, move to close the public hearing. Ibarra: Any second? Thomas: Commissioner Thomas, second. Commissioner Nishimoto moved to close the public hearing; Seconded by Commissioner Thomas. Ibarra: Any discussion on the motion to close the public hearing? There was no discussion from Commissioners. Ibarra: No discussion. All those in favor on the motion to close the public hearing, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition to closing the public hearing, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. Ibarra: Any motion to approve or deny Application No. T22-31, pending final inspection, Commissioners? Okabe: Wil Okabe, move to approve Application No. T22-31, pending final inspection. Nishimoto: Commissioner Nishimoto, second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 12 OF 48 Commissioner Okabe moved to approve Application No. T22-31, Ohana Foods Inc., dba Mizuno Superette, for a Sale and Transfer of the Retail General liquor license, currently held by H H & S, Inc., dba Mizuno Superette, located at 96-3167 Pikake Street, Pahala, Hawaii, TMK: 9-6-016:035, pending final inspection; Seconded by Commissioner Nishimoto. Ibarra: It's been moved and seconded that the motion to approve Application No. T22-31, pending final inspection. Any discussion on the motion? There was no discussion from Commissioners. Ibarra: No discussion. All those in favor of approving Application No. T22-31, pending final inspection, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. Ibarra: Now we're returning to the order of business, Item No. 2. RETURNED TO THE ORDER OF BUSINESS — PUBLIC HEARINGS, ITEM NO. 2 2. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 22-27 (10: 15 AM) South Kona Stills LLC South Kona Stills LLC 82-6061 Captain Cook Village Road, Captain Cook, Hawaii 8-2-003:024 Original Small Craft Producer Pub license, Category A Bryan Tepper, Co-owner, was present in person, and Cassidy Tepper, Co-owner, was present via Zoom. Ibarra: Good morning, state your name, sir. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 13 OF 48 Tepper (Bryan): Good morning, my name is Bryan Tepper, I've got two other associates on Zoom. Ibarra: Before we go to Zoom, what's your position with this business? Tepper (Bryan): I am the Managing Partner. Ibarra: And, who's on Zoom on this matter? Tepper (Cassidy): Cassidy Tepper. Ibarra: Thank you, Mr. Cassidy Tepper. What is your position with this business? Tepper (Cassidy): I'm also a Limited Partner with South Kona Stills. Ibarra: Okay, is there another person, a Mr. Gample? Tepper (Cassidy): I don't see Mr. Gample. Ibarra: Okay. Bryan, as Managing Partner, are you going to describe the business? Tepper (Bryan): Yes, be happy to. As stated in our application, what we are trying to do is take the coffee cherry, the farm is owned by my son Cassidy, Kona Winds Farm. We've got five acres of coffee, we've just leased another five acres next door to us, we've got about nine acres of coffee under production. We were throwing away all the coffee cherry on that and we thought we might be able to look at utilizing that. So, we have been able to distill that and take that actually, and distill it, and ideally, we're looking for something we can use as a fungicide to help combat the coffee leaf rust, which I informed the Board last time, has devastated the coffee production for last year. Everybody was about at 20% of their normal production. So, when we found that we were able to utilize that, some of what we're producing we think might have a value to possibly to sell that, and that's what we'd be interested in trying to do too. We're looking at, is we have our own coffee cherry picket on the weekends, we distill it, we're looking at maybe trying distillation from 10:00 a.m. — 1:00 p.m., two days a week, Tuesday and Wednesday, I'd be the person doing it. And it doesn't produce any noise, it doesn't produce any odors or anything, and utilize it that way. I'm happy to address any other questions. There's been a little bit, let me preempt possibly, there's been a little bit of a controversy with some of the attending homeowners from a couple of the condominiums, who have stated that because of the way the licensing reads, we'd be happy to be able to just do this ourself, but with the Alcohol, Tobacco, and Firearms Tax Trade Bureau, it mandates you to get licenses, even if you're only distilling for private use, and to use as an insecticide or as a fungicide. It mandates us getting a license for that, so we're trying to get the license for that and with the State to move forward with that. But, there's been some controversy a little bit with that, thinking we're opening a bar, that we're going to be having dancing, that we're going to be having loud music. Our distillation room is bout 7 X 14 feet, mainly occupied by equipment. I've got a space that's about twice the size of this table that's open actually in the area that we're MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 14 OF 48 doing it, it's a very small area. We're not going to have any music, we're not having any tasting rooms, we're not having any sales on property, we're not having any trucks going back and forth, we're not looking at a lot of storage. So, happy to answer any questions people have with that, I appreciate the other farmers in the area that called us and said, "Hey, what are you doing?" And we've explained, kind of saying, "Hey, here's what we're trying to do," and most of them said, "Hey, good luck with that." And even if you don't agree, that's okay, that's fine, but there's a lot of misinformation out there about what we're trying to do, and we appreciate being able to clarify the record with this. Ibarra: Thank you, Mr. Tepper. Did you receive the application report? Tepper (Bryan): Yes. Ibarra: Are there any changes to the report? Tepper (Bryan): I do not believe so. Ibarra: Mr. Director, are there any report of protests? Takase: Mr. Chairman, the applicant mailed 4 out of 4 notices within 100 feet, 61 out of 62 notices within 500 feet, and 3 notices to condominium or cooperative apartment managers. We did receive 16 protests to this application, out of a total of 60 properties entitled to protest. I'd also like to add that part of the problem in this case is because of our categories of licenses, it reads "Small Craft Producer Pub", which is kind of a misnomer in this case. We did go down to Mr. Tepper's operation, and we actually opened it up to the public. We had I think three members of the public stop by to view his operations, and like he says it's very small, his whole operation can fit in this area right in here. He is not planning to have any service to the public, either by opening up a pub, no public tastings, and obviously no dancing or entertainment at all, but it's just the category fill in, I guess it leads to the misnomer that he could, but he has assured us that we can restrict him, and I don't think he could do it anyway. But, he's really going to operate a still, but I would say it's almost agricultural in nature, he's kind of laid out his plans to us. I thinks he's going to operate 2 days a week, his biggest transportation or movement are going to be during harvesting season, and that's a couple days, which don't know that it will increase the traffic along the roadways. It is a small road, it's a single lane road that goes down to Napo`opo`o? Does it go all the way down? Tepper (Bryan): No, it's right off of Mamalahoa Highway there, very close to it. Takase: It's a small road, but I don't know that his operations will create a significant amount of traffic. Ibarra: Thank you. Any public testimony on this? Testimony from the public? Tepper (Cassidy): May I add? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 15 OF 48 Ibarra: Yes. Tepper (Cassidy): May I speak, is it possible? Ibarra: Go ahead, Mr. Tepper. Tepper (Cassidy): I'd just like to share my computer screen real quickly with you on the zoning, but we're not actually zoned to have that on our property, we are an Ag-zoned (agricultural -zoned) property, and this is straight from the Planning Department website, but there are only six zones of the 16 that can have a bar. Ibarra: Hold on, people in the audience cannot see. You can come around and stand by us, those who want to see. Tepper (Cassidy): Sure, if people would like to come around and see the computer screen, but there are only six of 16 zones that are actually zoned for having a bar or night club. We are zoned Ag (Agricultural), Agriculture, and we're an actually A-5 (Agricutural-5) lot, but even if we were to apply for a Special -Use permit to the Planning Department, it would not be granted for a bar or a night club, or a cabaret, we just don't meet that requirement. So, we are only agriculture, so we can manufacture, we can do anything in the Ag (Agricultural) space if you will, but we are not zoned for a bar or live music, or anything of that nature. So, I just wanted to point that out. Ibarra: Thank you. Those that want to testify come forward. Come forward, ma'am. Ma: Hello, I am Alyce Ma, and I am one of the owners of Captain Cook Village on Hawaii Belt Road. We live on the same street as Mr. Tepper, who has listed his road as, "Captain Cook Village Road," but there is no such road, and I'll get to that later, but at least the tax map key shows where he is, and that tax map key is true. I'm here to protest granting Kona Coffee Stills a Class 18 Small Producer Pub liquor license. One of the guidelines addressing this liquor license is the recommendation that we state the reasons for our protest. I understand that it is suggested that the Liquor Control expects us protesters, but the applicant did not state his reasons for wanting it. We haven't received anything in his application that says why he wanted to distill liquor, so I'm kind of guessing what he wanted, but the email by our property manager, supposedly written by Mr. Tepper, says he plans to distill primarily coffee cherry to use on the farm to kill coffee leaf rust and sterilize vehicles. So, I contacted the Department of Agriculture, Hawaii, and the UH (University of Hawaii) College of Tropical Agriculture, and Human Resources Kona Extension, and the Kona Coffee Farmers Association. They said coffee leaf rust lives on or in and affects the leaves of coffee. Distilling coffee cherry would not help to suppress coffee leaf rust in the field. Spray fungicide is commercially available, as a matter of fact this month is the cutoff date for coffee farmers to apply for subsidies by the State for these fungicides, so it is available, and they said that there is no coffee processing method that would require a still. So, after the letter of Mr. Tepper wanting to distill coffee cherry for coffee leaf rust, we find in a Linkedln post that, by Bryan Tepper, as the Founder, General Managing Partner, and Master Distiller for development of Kona Coffee Stills, that will distill a new premium vodka and botanical MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 16 OF 48 gin produced from primarily locally sourced farm products on his farm in Captain Cook. So, I don't know the reasoning behind that, to distill coffee cherry for. Then, our condo manager sends us another email of an invitation for us to view his coffee distillery. It could be Kona Coffee Stills is using the public sympathy from Kona coffee farmers, he can say that distilling for coffee leaf rust, but is using the still for making vodka and gin. So, once you approve his license, Class 18, he will be allowed to go ahead, and like his Linkedln posts said, distill premium vodka and botanical gin. I don't think he said that, so I'm guessing what his reason is, because it was never told to us. If you allow him to have this license, he will be able to manufacture 7,500 barrels of vodka and gin in our neighborhood on Hawaii Belt Road, not Captain Cook Village Drive. So, fraudulently changing the name from Hawaii Belt Road, to Captain Cook Village Drive, could be a marketing gimmick to sell alcohol to his clientele. Once granted the liquor license, we cannot rescind it, and he will be allowed to make the vodka and gin. Our neighborhood has a lot of kids riding bikes and playing sports in the street, there are a lot of neighbors walking their dogs and going out for exercises, and as you said, this is a small road. So, I don't want that dangerous activity to be around us, we would be putting ourselves at risk for fire, explosions, alcohol vapor, by having them distill vodka and gin in our neighborhood. I don't know why they cannot set up their coffee alcohol distillery in another area, perhaps a commercial area. Basically, what I'm saying is no, not in my backyard, no alcohol distillation and people coming by for alcohol in my back yard. And will leave you copies of his Linkedln post of what he plans to do, email that he sent to our management company that his reasons are changing, "How to Suppress Coffee Leaf Rust" by the Kona Extension, the "Reimbursement for Coffee Leaf Rust Fungicide" that's done by our State Department of Agriculture, and his true address as belonging on Hawaii Belt Road, not the other name that he provided. So, who do I give this to? Ibarra: Why don't you wait to see if Commissioners have any questions, Ms. Ma? Thomas: I do, this is Commissioner Thomas. I just wanted to point out that according to the information that we have, that the distillation of the coffee cherry is not to kill the coffee leaf rust. He wants to use it to sanitize his equipment and use it to prevent the spread of coffee leaf rust. So, he's not at any point saying that he's going to distill a fungicide that's going to kill the coffee leaf rust, but rather use what he's distilling to sanitize his equipment, and something else. The farm equipment and the vehicles to help prevent the spread, and that's something altogether different. So, he's not saying his alcohol is going to kill coffee leaf rust, which I do believe was part of your argument. Ma: But if you do allow him to distill the coffee for the purpose of sanitation, does that mean that he can also distill vodka and gin? Thomas: Oh, yes it does. Takase: Let me answer it for you, maybe we can call Mr. Tepper back up, but I got an in-depth understanding of his product when we went to visit his farm. The way he told us is, when he distills a product it's kind of like in 10 portions. Portions 1, 2, and 3, and the last portions, 8, 9, or 10, those are not good products, or he wouldn't use it for consumption. So, he is using those portions of it, the beginning of the batch, and the MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 17 OF 48 end of the batch, to produce more of a disinfectant, and really the portions right in the middle, 4, 57 67 7, are the portions that he is looking at to distill, so it is something new. We did have a person, Randall De Aguiar, actually came and he's one of the residents of one of the condos (condominiums) up there, he does work with the State, and he works in the coffee industry, so he was very interested in what they were doing. And don't know if he can prove all his claims, that he can cure coffee rust, but it's another method to attack it, and he was interested and he thought that it might be a way to do it, and it might be a better way than using fungicide, which are costly and you know, adding chemicals to the process. By him using the coffee grinds, and distilling the product, it's really more of a natural product that hopefully would be cheaper to all the coffee growers and provide a less toxic chemical to use. And we did look at his farm, and I have to say, his trees are in pretty good shape, very green and stuff, versus his neighbor, that he's going to take over, that's showing much signs of coffee rust. So, you know, I told him if this thing turns out well, he could probably patent it and move forward, but it's I would say is more cutting edge, but they're distilling portions, I think they know what they're doing. Like we said before, it's a very small operation, he has maybe a 30 gallon drum that he's distilling out of, and he's only doing it a couple times a week, so it's not going to be a thing that adds a lot of manufacturing to that area, he can fit his product in the back of his pickup truck and take it to the wholesalers. But we really don't anticipate that, if he does become very successful, he will probably look for a new place to manufacture, it's kind of a hobby at this point, and he needs to get a license from us to do this, and that's what we're here today. So I know you had written to the office earlier and you didn't want to disclose your concerns or reasons why you didn't want it, but that's why I kind of asked you to tell us so we can kind of help facilitate this discussion ahead of time. Ma: Well, I didn't get a reason why he wanted it, so that's why I had to guess, and his two emails were conflicting, so that's why I had to guess. Takase: Well, if you had told us, we could have provided you with clarification. Ma: Well, for one thing, is that if you try a new method for coffee leaf rust, it has to be approved by the Takase: Probably USDA (United States Department of Agriculture), or something like that. Ma: Yeah, something like that. Takase: And that's why I say it's kind of experimental at this point, he's trying to do it, but we did have a person from UH Ag (University of Hawaii Agriculture) there, and he was very interested, because he said, "Oh wow, if this thing works, that would really move things ahead." Ma: But then, he would have to get it approved first before he does it. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 18 OF 48 Takase: Yes, so he's only doing it on his farm now, and it's showing results. If it works, then he may move forward with getting those approvals as well. Ma: Okay, I'm not sure about the USDA (United States Department of Agriculture) regulations, but I guess my main point is saying that if he gets the liquor license, he can go ahead and manufacture Takase: Alcohol, yes. Ma: Yes, even though he states coffee leaf rust, he could do something else. Takase: No, I think the portion that we're dealing with is, he is going to produce alcohol, he said yes that's his intention, but he also gets biproducts off of that, that hopefully he can use. I don't think he's at the point where he's ready to manufacture for those purposes to try and sell at this point. Ma: So, what does his Linkedln post say about him selling and manufacturing alcohol? Nishimoto: Commissioner Nishimoto, I just wanted to clarify that in his, I'm not sure you know what you're saying, but in his application to the Liquor Department, he does state that he intends to produce the vodka, as well as the substance to try to help with the coffee rust. So, it's stated in here, so it's not something that we have to guess or that he's trying to hide from our view. So, I just wanted to clarify that, it is in his application. Ma: So, we have to tell him why we don't want, but he Takase: No, that was more to tell me why you're opposing it, so I could hopefully open some dialogue between the residents, neighbors, and Mr. Tepper. If you say you object but you never say why, everybody is kind of left to speculate. Maybe he didn't explain it clearly in his application, but you know, if you had told me that, I could have gotten further clarification for you. Ma: Okay, I spoke with my other neighbors in other buildings, and they said they just don't want alcohol distilled. Takase: And that's their right. Ma: So, I'm with them that, no don't distill it in our neighborhood. Takase: But the neighbors that did come to his place, they actually were very impressed by what he was doing, and they both said, they had originally signed the protest, but they were going to withdraw it because they were satisfied that it wasn't a big problem. Ma: That's not what I heard. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 19 OF 48 Takase: Well, there were only three people that came, the Petersons, and Mr. De Aguiar, and they were both satisfied. We sent notices to the condominium, and I think, to the property owners, to tell them of the meeting that we were setting up. Ma: I don't know if they were given reasons why they wanted too, though. Greenwell: Mr. Chair? Ibarra: Yes, Mr. Greenwell? Greenwell: So that I understand, according to the rules, they have to have 50% plus 1 of property owners in protest, do they have that? Takase: No. Like I said, there are 60 properties entitled to protest, so the number would be 30+1. We are sitting at about 16 protests. Greenwell: So, in the letter of the law, they have to have 50% plus 1, before we entertain a protest. Takase: Yes. Ma: So, our condo (condominium) building counts as just 1? Takase: No, from the three condo (condominium) buildings, there were five owners from each that protested, and we have one more came in this morning. That's the number of protests from the surrounding property owners. Ma: Can I see later on, the letters? Takase: Sure. Ibarra: Anybody else now wants to come forward please, ma'am? Huey: I sent in a notice, but I have questions still. Ibarra: Yes, state your name first, ma'am. Huey: I received a letter, but I did not receive an invitation to an open house. Ibarra: What's your name before we proceed? Huey: And, oh Pamela Huey, and I sent the map and everything. We own the property that the easement goes across to his place, and we just built a house across the street, and one of my concerns is fire. You know, I've looked online about fire with a distill, don't have enough answers to be confident. And then, can he continue with this license to go beyond those two days a week? Can he allow people to come on to the property with this license and create more traffic, or are you going to regulate that? That's some MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 20 OF 48 of the questions that WE HAVE because we have a lot of problems. There are three condo (condominium) units there, and then there are property homes on the other side where he is, about eight, I think. Kids playing there, it's not good vision, and you go out and Choicemart is across the street, and the Post Office, traffic is hard to get in and out of there anyway. So, you know it sounds all great and fine doing like a pesticide or something like that, but then I never heard about the vodka and gin thing, and then how much can you continue to produce that stuff? And the fire hazard, and the traffic, and the parking, because we're dealing with the County, and people complaining all the time about parking on the easement. This is all very frustrating, I don't know the answers, are you going to guarantee that he's not going to do more than a couple hours twice a week? Takase: Well, we're not going to restrict his hours, he can produce more, but he told us his plans, and you know, he's a retired person, I don't think he wants to run a 24-hour operation there. Huey: Yeah, well he has a young son that owns the property, he's not retired. Takase: Yeah, but you know, we can always review a license. If it reaches the point where you come back and tell us, "You know what, he's running a 24-hour operation, he's having all this people come in there", we will pull the license back and review what he told us when he started the operation, and where he's at now, and we have done that with other licensees in the past. Look, when you started you said you were going to do this, you promised the residents this is what they could expect. And if they get far afield of that, then we do have a way of either pulling him back into what his Huey: Because I have grandson that lives across the street, you know and there's kids that play there, you know, it's a big concern, and what about fire? Takase: Yeah, but from what we can tell, there really is not going to be a whole lot more traffic, it's the same people that he has now that are coffee pickers, those are the primary in and out, but that's twice a day, so we don't anticipate a lot more traffic because of it. He won't have any public tasting rooms, so there shouldn't be any public going there, that if you drove by his place, you wouldn't even know that he has an operation going in there. I think we need to understand that as an agricultural lot, he is entitled to produce agricultural byproducts from that. Huey: But not have customers come in and out. Takase: Yeah, so you know, he's assured us that's not his intention, he will ship his product down to a wholesaler, and that's where tastings will take place there. Huey: What about fire hazards and our insurance, will that increase because of this? Because fire goes upwind, and we're upwind from him right above him. Takase: Well, it's a small operation. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 21 OF 48 Huey: But he's not limited to small. Takase: If he wants to increase it, his operation now could fit inside of this circle right here. If he was to increase it, he'll have to come back for an increase. So, you know, he's kind of limited by what he can produce. I'd encourage you to visit him, because he's done a very good job, it looks like just an agricultural shack from the outside, but inside, it's very well prepared. Huey: I've seen the place, but I walked on his property, him and his son let me come over, but my question is, did everybody get notified? Do you have like, is there documented certified letters or something like that? Because I did not get notice of his open house thing, so how did that happen? And, I got the last hearing, it says final hearing, it never said like, was there a first hearing or something? Takase: Yes, there's a first hearing. Waltjen: It was sent to the Managers of the AOAOs (Association of Apartment Owners) of the three condos (condominiums). Huey: But I'm a property owner, and I didn't receive the first or the open house, and how do we know that the management companies has notified everyone? That's 44 units. Takase: We, at that point, the first notices have gone out, the second one, we sent to the condominium owners, because those were the ones that we received in protests. So yeah, somehow, we missed you, but you should have received a letter though that was originally mailed Huey: For the final, for this one today. Takase: Yes, for today. Huey: That's all I received. Takase: And that would have been the notice, but the rest of them were notified and they seemed to have known about it, because we were receiving protests for a while now, but it's still your right to come in today to protest, sorry that you didn't get notified of the visitation. Huey: And it says, "Pub", and that's deceiving too, like you said. Takase: Yes, and I apologize, that's kind of our nomenclature of the typical class, but assure you he's not running a pub on his property. Ibarra: Thank you. We do have your letter of protest. Huey: Thank you. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 22 OF 48 Ibarra: Mr. Greenwell? Greenwell: I think there's some misunderstanding here when they talk about where it's located, what road, the building, the area, it should be under the Planning Department, and not this Department. I think there's some misunderstanding about land use and so on and so forth. Tepper (Bryan): I'll address that when I talk to you next, I can help clarify that for you. Takase: I think the address that he uses is a little more descriptive because he's probably a quarter mile or a half mile down off of the Hawaii Belt Highway. So, you know it would probably be better for him to use Hawaii Belt Highway as his address, but that's not really accurate because it's not on the highway itself, that might be the mailing address for the property. Maybe he can come back up. Ibarra: Wait, Mr. Tepper. Any other members from the public? How about anybody on Zoom? There was no further public testimony. Ibarra: Okay, Mr. Tepper. Tepper (Bryan): I'd like to address a few issues that were brought up, if you don't mind. One, is the address actually, and I'll defer here just for a second for Cassidy. Cassidy, when you bought the farm, weren't we told that the address was on Captain Cook Village Road? Tepper (Cassidy): That's correct, that was on the appraisal and other purchase documents for the property. Tepper (Bryan): This is not an address that we've come up with, we can't get a post office box because it's an easement, it's not a road, it's an easement. The city doesn't recognize it because it wasn't done properly 30 years ago, we don't have an address out on the freeway, so we've got to get a P.O. (post office) Box. But it is recognized by Federal Express, by UPS (United Parcel Service), and then by the power company, and by cable, you have to tell them. But it is not recognized as an address for delivery by the United States Postal Service, and it was recognized until a few months ago on Google, actually if you put it in, and that's actually changed too, and I don't know what changed there. But so, the address is an issue that came up, but we were told when we bought the property, that that's what the address was. And the thing that I find disturbing about this, is this is kind of some of the innuendo, saying we are trying to change the property address to improve marketing. This is the same type of thing that we got for some of the issues on the condo (condominium) letter, where I can go through that and show you there's about eight different statements on there that are quite frankly false, and one of those I'll address right now, is saying that I'm a Master Distiller. Yes, on my Linkedln profile, it shows Master Distiller. As you're probably aware, there is, well let me back up for a second, my previous career I'm an attorney, MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 23 OF 48 sat for four days for the bar to get accredited as an attorney. After that, I was working at Hawaiian Electric as a CISSO (Certified Information Systems Security Officer), I'm a certified Information Systems Security Professional, that was a long test by an accreditation body. I'm a certified Information Privacy Professional, long test, accreditation body. I'm a certified Information Systems Manager, long test, accreditation body. There is no accreditation, there's no training, there's no overall architecture to become a Master Distiller. I named myself the Master Distiller, okay, because I could. Okay, I've got no experience other than testing this to see if this would work before we go through this onerous process of getting licenses. And quite frankly, went to a hands-on class when we bought the distill to make sure we know how to do it, and how do we do it safely. And I was kind of excited, we did a gin run, and unfortunately, according to the Alcohol, Tobacco, and Firearms, when you're brewing things other than sugar cane, if it's over a certain proof, it's vodka. If you're distilling with sugar cane, it automatically becomes rum once it drops below a certain alcohol level, unless you're not using sugar cane, then you make brandy. I don't want to make brandy, but I kind of was excited about this gin we did, and I think we can grow some of our own botanicals and do it then. That's why we're doing a citrus for botanical gin, is what I'd like to maybe try to create. Now, one of the other issues on this was that we could use this as fungicide, we take advantage actually of the State's reimbursement program to help kill coffee leaf rust. In fact, we probably spent between $3,000.00 to $4,000.00 of our own money just on fungicides that we have gotten approved from UH (University of Hawai`i), from the State, because you have to spray fungicide on coffee every three weeks to get it to go away, and you can't use proxazole, only but twice a year, which is the thing that really does kind of does kill, the other stuff it does not. But they're the ones recommending that you use a certain level of alcohol to kill the leaf spores, and I know if you go to Greenwell Farms, they're doing a lot bigger operation than we've got. Tom Greenwell doesn't like to let his guys that are picking or doing work there even wear the same clothing and go to another farm, because he's afraid that the spores will spread. So, we really want to try to disinfect our quad, we only have one quad, we got one truck. But when the pickers come in, if they're going to someplace else, we really want to try to limit the spread of that coffee spore possibly, and that's what we're trying to do with this, and we're trying not to run up a huge bill. If we can take a product that we're throwing away and make it into something that we can use to help kill this coffee spores from spreading, and where there has not been any research on killing the coffee spore, the spores resides on the bottom of the leaves. We think probably it does actually help knock that down, because it does serve kind of the same functionality as some of the cohorcide, or OxiDate, or Badge, or any of these fungicides we're using because the State put us on this rotation of using those. We're very, very familiar with what that takes, we've got a small area we're testing that on too, we've got positive results with it. And, the last thing would be, that this is actually the primary residence of my son. Now, he's on Oahu right now, he's got a business there, so I'm kind of by default because I'm retired, helping with the farm and managing this. Cassidy, would you like to describe your business briefly? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 24 OF 48 Tepper (Cassidy): I work back and forth between Honolulu, Kona, and Hilo, so this week I'm working in Honolulu, and hopefully I'm going to be back home in the next week. Tepper (Bryan): But he's fully on play with everything that's going on, he will not be taking over a full-time distillation processing. So, if there's any other questions that could address, or from any of the people that came to protest, I'd be happy to do that, or any questions. Thomas: I just have two simple ones, one is the number of times people, protestors addressed the concern about fire, I wonder if you could say a few words about that, or what precautions you may be taking? And, the other question that I have is related to truck traffic. You mentioned UPS (United Parcel Service), and FedEx (Federal Express), I guess you know, sometimes people envision like these big haulers coming in, so I just wondered if you could describe what you expect in the way of truck traffic coming in and out, so we can get a clearer picture. Tepper (Bryan): Sure, let me address the traffic first. I would anticipate no increase in traffic. We don't pick our own coffee, but we do all the pulping, we do the fermentation, we do the drying, which means I'm hauling around in wheelbarrows into the drying racks, then we bag it and we do all that ourselves. But, without the picking, we're kind of at the mercy of when we can bring people in to pick, quite frankly. And so, if a guy says hey they can come pick tomorrow, we're picking tomorrow. I know Kona Joe's didn't pick about a third of their crop last year because they couldn't get people to come in and pick. So, if people are going to come pick for us, we want to come pick, well that also means that if we're going to use that coffee cherry, we've got to do it then and do it. We would not anticipate any additional truck traffic, we've got one pick-up truck, we're moving stuff around, back and forth with that, and other than the pickers coming in, would anticipate no additional traffic due to the distillation. Now, as for the fire hazard, don't anticipate, I don't see that, although I'm not an expert in that. If things are properly stored, I don't see that as actually being an issue also, there's nothing flammable in our small little warehouse, and I think that's actually very minimal too, but I'm not an expert in that, I'm sorry. Wilkinson: Commissioner Wilkinson, I know that the concern is what you could grow to be, but talking about you have 14 acres of coffee, 4,000+ trees, what kind of volume do you expect to produce of consumable alcohol? Tepper (Bryan): Right now, probably five gallons a week, maybe. Wilkinson: Five gallons a week? Tepper (Bryan): It really kind of depends, and it's probably half of that, to be honest because we're not quite getting the, you know I don't want to necessarily admit that I'm working on doing distilling, because instead of making a licensed distiller, that makes me a moonshiner. However, as I'm sure the Commission is aware, for us to get our federal licenses, we have to include what our ingredients are, what our labels are and MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 25 OF 48 everything else. How do we know what we're doing unless we know the process will work? So, it's kind of a chicken and an egg theory, so we're testing to make sure our process works with that, and the fermentation, from what we've seen with the coffee cherry, depending how much mixing in with the sugar, is taking about 10 days. And so, if we have pickers come in on a Saturday, if we do a 40 gallon, or a 50-gallon batch of fermentation with that, it would take almost two weeks, until we can actually put that into distillation, and the distillation process takes between 4-7 hours, and honestly it runs silent. There is no fumes because what you're doing is you're condensing the fumes, that's what the alcohol is. Wilkinson: So, assuming you're at five gallons a week, you don't have any distribution contracts in place yet, so you're going to be storing, how much do you expect to store onsite, which I think was the fire concern. Tepper (Bryan): 10-15 gallons, maybe. Wilkinson: 10-15, okay. Tepper (Bryan): It's only an estimate, it's hard to tell because we're not quite there, but would say it would probably be a minimal amount. But typically, I did a hands-on class, and there's another distiller in Kona, I've worked with him for a day, and he's maintaining things in a stainless steel 50-gallon tank. A stainless -steel tank is how that would be stored. Wilkinson: How you would store it? Tepper (Bryan): Yes, that's correct, and that seems to be the industry norm and standards. Like I said, we're not quite there yet, we're still trying to work out our structure and a lot of the logistics. Wilkinson: So, in addition, I just want to point out too, in addition to coming back here if you want to increase your operation, you'll also have to go back to the Planning Department, if you ever plan to have onsite consumption or retail as well. Tepper (Bryan): We're working with the Planning Department right now, because we're working with where we thought we could do this under farm use, there might be, to get the proper sign -offs, we need to get an architect to actually go back and stamp the building, and we've had our first bid on that, was upwards of just getting the architect to give us the plans for an already built building is about $20,000.00, which is a little bit mind -boggling for us, quite frankly, so we're working on that right now, correct. So but, we think that might be an issue yeah, thank you. Ibarra: Any other questions or discussion by the Commissioners? There was no further discussion from Commissioners. Ibarra: Any other questions from the public, Ms. Huey? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 26 OF 48 Huey: Yes, does the fire marshal inspect that? Tepper (Bryan): Yes, the fire marshal is the final sign -off. Huey: And, will they inspect it on a regular basis? Tepper (Bryan): I don't know what their laws are. Takase: They will inspect it as part of the final inspection process, but I don't think they, couldn't say that they come by on a regular basis. If there's complaints, they will probably come. Tepper (Bryan): The other distillers, I think they come yearly, possibly. Takase: Yes, maybe check their fire extinguishers, and that sort of thing. I couldn't guarantee you that they're going to be there at a certain interval. Ibarra: Any other comments or questions from the public, or anybody else, Commissioners? There was no further discussion from Commissioners. Ibarra: None, thank you. Tepper (Bryan): Thank you very much for the opportunity to address you. Ibarra: Is there a motion to close the public hearing? Wilkinson: Commissioner Wilkinson, so moved. Greenwell: Second the motion, Greenwell. Commissioner Wilkinson moved to close the public hearing; Seconded by Commissioner Greenwell. Ibarra: Any discussion on the motion to close the public hearing? Thomas: This is Commissioner Thomas, I just want to thank everybody for coming forth, and all the research and concerns that you've brought up, thank you for doing so much back work, all the protestors, and you too, Mr. Tepper, just appreciate the opportunity to have different perspectives, and also everybody gets a deeper understanding of what's going on, and that's why we're here in a way. So, I just wanted to thank you all for your contributions. Ibarra: All in favor of the motion to close the public hearing, please say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 27 OF 48 Ibarra: Any opposition to closing the public hearing, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to close the public hearing is passed. The motion was carried unanimously. Ibarra: Is there any motion to approve or deny Application No. 22-27, pending final inspection? Nishimoto: Commissioner Nishimoto, move to approve Application No. 22-27, pending final inspection. Espejo: Commissioner Espejo, second. Commissioner Nishimoto moved to approve Application No. 22-27, South Kona Stills LLC, dba South Kona Stills LLC, for an Original Small Craft Producer Pub license, Category A, located at 82-6061 Captain Cook Village Road, Captain Cook, Hawaii, TMK: 8-2-003:024, pending final inspection; Seconded by Commissioner Espejo. Ibarra: Any discussion of the motion to approve Application No. 33-27, pending final inspection? Commissioners, any discussion? There was no discussion from Commissioners. Ibarra: There be none. All those in favor of the motion to approve Application No. 22-27, pending final inspection, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to approve Application No. 22-27, pending final inspection, is passed. The motion was carried unanimously. Wilkinson: Commissioner Wilkinson, can I say one more thing? It seems to me, you guys have genuine concerns, and we'll be probably watching this very closely, but it MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 28 OF 48 sounds as if the Teppers are very open to communication as well. I think you could probably reach out to the Teppers if you had any sorts of questions, and they'll probably be willing to communicate with you. Ibarra: Yeah, it's always good to try to work things out, you know, this is Hawaii, that Aloha spirit. You know, we talk about lawyers, we got enough lawyers in this place, four lawyers right here, I'm a judge 28 years here, I seen it all, we've seen it all, it's better to work together, and basically respect each other's opinion. We can disagree, reasonable minds may differ, but that doesn't make one right over the other, but work it out. But in the end, you always have Mr. Takase's Department. Good luck to you, thank you. VI. Preliminary Hearings (11:09 AM) 1. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: T22-33 (11:09 AM) JRG Enterprises LLC The HI Dive Bar Mango Court, 79-7460 Hawaii Belt Road, Suite Al02, Kealakekua, Hawaii 7-9-007:029 Sale and Transfer of the Dispenser General liquor license, Category B1, currently held by Two Mikes LLC, d ba The HI Dive Bar Jennabee Gandall, Owner, was present in person. Ibarra: Please state your name, ma'am. Gandall: Hello. Jennabee Gandall. Ibarra: What is your position with the business? Gandall: Owner. Ibarra: Please tell us about the business? Gandall: So, when Mike was getting ready to sell, I couldn't see the little bar go, so decided to take over. A lot of the community was like, you know, trying to ask who was going to try to take it on and I did. It's a very small bar, capacity says 88, but it's a little smaller than that in my opinion. It's just local food, farm to table kind of thing, and we try to use a little co-op (cooperative) down in Kealakekua. Some neighborhood people that live around the area, you know, they love Korner Pocket but they want to kind of see something different. Ibarra: Thank you. Did you receive the application report? Gandall: Yes, I did. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 29 OF 48 Ibarra: Any changes? Gandall: No. Ibarra: Any public testimony on this matter either via Zoom or in person? There was no public testimony. Ibarra: There's no public testimony. Commissioners, any questions or comments, or discussion? There was no discussion from Commissioners. Ibarra: Nobody has any questions or comments. Any motion to approve or deny Application No. T22-33? If approved, public hearing to be held on August 3, 2023 in Kona. Wilkinson: Commissioner Wilkinson, motion to approve Application No. T22-33, and if approved, public hearing to be held August 3, 2023 in Kona. Ibarra: Any second of the motion? Greenwell: Commissioner Greenwell, I'll second that motion. Commissioner Wilkinson moved to approve Application No. T22-33, JRG Enterprises LLC, dba The HI Dive Bar, for a Sale and Transfer of the Dispenser General liquor license, Category B1, currently held by Two Mikes LLC, dba The HI Dive Bar, located at the Mango Court, 79-7460 Hawaii Belt Road, Suite A102, Kealakekua, Hawaii, TMK: 7-9-007:029, with public hearing to be held on August 3, 2023, in Kona, Hawaii; Seconded by Commissioner Espejo. Ibarra: All those in favor in approving Application No. T22-33, with public hearing to be held August 3, 2023, in Kona, all those in favor, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to approve Application No. T22-33, with public hearing August 3rd, in Kona is carried. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 30 OF 48 2. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 22-34 (11: 12 AM) The Kona Coffee & Tea Company, Inc. Hawaii Natural Wines Kona Coast Shopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii 7-4-015:001 Original Retail Beer and Wine liquor license Kirstina Motamedi, Director, was present via Zoom. Gonzalez: We do have someone present by Zoom, Mr. Chair. Ibarra: Okay, Ms. Motamedi? Motamedi: Yes, Kirstina Motamedi. Ibarra: Ma'am, what is your position with the business? Motamedi: I'm a Director with The Kona Coffee & Tea Company, and we are applying for an original liquor license for retail under beer and wine. Our space currently has a restaurant license, and so we also applied to reduce the square footage allocated for the restaurant license, to reallocate it to the retail license. Ibarra: So, do you serve coffee and tea in your business? Motamedi: Yes. Ibarra: Did you receive the application report? Motamedi: Yes. Ibarra: Any changes to the report? Motamedi: No. Ibarra: Any public testimony regarding this matter? There was no public testimony. Ibarra: There be none. Commissioners, any questions or discussion of this? Mr. Greenwell. Greenwell: In their history, we fined them $100.00 for not complying with the annual gross liquor sales report. Were do you guys get that fine figure from? Takase: The $100.00 is part of the fine violation, it's considered a minor violation, and we have a schedule set out for the minor violations, $100.00, $200.00, and $500.00 if there's three or more. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 31 OF 48 Greenwell: So, you have a schedule set up? Gonzalez: For certain types of offenses. Greenwell: Okay, that's all I wanted to know, where that came from. Gonzalez: The Liquor Adjudication Board rules. Ibarra: Any other comments or questions? There was no discussion from Commissioners. Ibarra: There be none. Is there any motion to approve or deny Application No. 22-34? If approved, public hearing to be held on August 3, 2023 in Kona. Nishimoto: Commissioner Nishimoto, move to approve Application No. 22-34. If approved, public hearing to be held on August 3, 2023, in Kona. Greenwell: Commissioner Greenwell seconds it. Commissioner Nishimoto moved to approve Application No. 22-34, The Kona Coffee & Tea Company, Inc., dba Hawaii Natural Wines, for an Original Retail Beer & Wine liquor license, located at the Kona Coast Shopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii, TMK: 7-4-015:001, with public hearing to be held on August 3, 2023, in Kona, Hawaii; Seconded by Commissioner Greenwell. Ibarra: It's been moved to approve Application No. 22-34, with public hearing to be held August 3rd, 2023 in Kona. Any discussion of the motion? There was no discussion from Commissioners. Ibarra: None. All those in favor of the motion, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: The motion is passed, there's no opposition. The motion was carried unanimously. Ibarra: Ms. Motamedi, please stay on the line for the next two items. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 32 OF 48 CHANGED THE ORDER OF BUSINESS: NEW BUSINESS ITEM NOS. 2(D) AND 3(A), WERE TAKEN OUT OF ORDER VIII. New Business (11:15AM) 2. Change in Members/Officers/Directors Submitted for Approval (11: 15 AM) d. The Kona Coffee & Tea Company, Inc., dba Kona Coffee & Tea Company, approval of Change in Directors, with the appointment of Kirstina Motamedi, as Director, effective April 21, 2023, by form received May 10, 2023; and the Personal History and Affidavit for Kirstina Motamedi, Director; of its Restaurant Beer and Wine liquor license, Category B2, located at the Kona Coast Shopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii. Ibarra: Is there a motion to approve? Okabe: Wil Okabe, motion to approve. Ibarra: Any second? Nishimoto: Commissioner Nishimoto, second. Commissioner Okabe moved to approve the Change in Directors, with the appointment of Kirstina Motamedi, as Director, effective April 21, 2023, by form received May 10, 2023; and the Personal History and Affidavit for Kirstina Motamedi, Director; of its Restaurant Beer and Wine liquor license, Category B2, located at the Kona Coast Shopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii; Seconded by Commissioner Nishimoto. Ibarra: Any discussion of the motion to approve? There was no discussion by Commissioners. Ibarra: There's no discussion. All those in favor on the motion to approve, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: Motion is passed. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 33 OF 48 The motion was carried unanimously. 3. Permits Issued for Ratification (11: 16 AM) a. The Kona Coffee & Tea Company, Inc., dba Kona Coffee & Tea Company, ratification of Application for Reduction in Licensed Premises, (11: 16 AM) of approximately 50 square feet, approved by Director Gerald Takase on May 11, 2023, of its Restaurant Beer and Wine liquor license, Category B2, located at the Kona Coast Shopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii. Ibarra: Any motion to ratify? Okabe: Wil Okabe, motion to ratify. Ibarra: Any second? Thomas: Commissioner Thomas, second. Commissioner Okabe moved to ratify the Application for Reduction in Licensed Premises, of approximately 50 square feet, approved by Director Gerald Takase on May 11, 2023, of its Restaurant Beer and Wine liquor license, Category B2, located at the Kona Coast hopping Center, 74-5588 Palani Road, Kailua-Kona, Hawaii; Seconded by Commissioner Thomas. Ibarra: Any discussion on the motion to ratify? Mr. Greenwell. Greenwell: Gerald, why are they doing a reduction when they are going to extend? Takase: Because, right now they have a dispenser license, so they need to reduce their area so that they can open a retail. They couldn't have two licenses overlapping each other, so what they'll do is reduce the size of their dispenser premises, to allow for them to come in now to apply for the retail license. Greenwell: But the 50 feet that they want to take out is right kind of in the middle of the building? Takase: It's kind of to the side. Greenwell: Okay, but then they want to extend the lanai? Ibarra: Ms. Motamedi, can you answer that? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 34 OF 48 Motamedi: We don't plan to extend the lanai, so when you enter, directly to the left, you have your checkout counter, and then behind the checkout counter, there is a small wine display case, and that would be where the new retail area would be. Ibarra: Thank you. Greenwell: Okay. Ibarra: Any follow-up, Mr. Greenwell? Greenwell: No, I'm okay. Ibarra: All those in favor on the motion to ratify, please say "Aye." The Commissioners voted "Aye." Ibarra: All those opposed, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to ratify is passed. The motion was carried unanimously. RETURNED TO THE ORDER OF BUSINESS VII. Unfinished Business (11:20 AM) Ibarra: There is no Unfinished Business. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 35 OF 48 VIII. New Business (11:20 AM) 1. Request to Extend the Time Issuance Submitted for Approval (11:20 AM) (11:20 AM) a. RLS1 Mauna Lani, LLC, dba Torsap Thai Kitchen, approval of request to extend the time issuance of the liquor license for good cause shown for an additional 12 months, from June 2, 2023, to and including June 2, 2024) by letter received May 9, 2023, of its Restaurant General liquor license, Category 131, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 122, Kamuela, 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. Ibarra: Any motion to approve with good cause? Please state the good cause. Wilkinson: Commissioner Wilkinson, motion to approve the extension due to their building permits still pending. Ibarra: Okay, any second? Nishimoto: Commissioner Nishimoto, second. Commissioner Wilkinson moved to approve the request to extend the time issuance of the liquor license for good cause shown, for an additional 12 months, from June 2, 2023, to and including June 2, 2024, by letter received May 9, 2023, of its Restaurant General liquor license, Category 131, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 122, Kamuela, Hawaii; Seconded by Commissioner Nishimoto. Ibarra: Any discussion of the motion to approve with good cause, Commissioners? There was no discussion from Commissioners. Ibarra: There's no discussion. All those in favor of the motion to approve with good cause, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, please say "Nay." There was no opposition by Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 36 OF 48 Ibarra: There's no opposition, the motion to approve with good cause is passed. The motion was carried unanimously. 2. Change in Members/Officers/Directors Submitted for Approval (11:21 AM) a. Hilo Lodge, No. 759, of the Benevolent and Protective Order of Elks of the United States of America, dba B.P.O. Elks No. 759, approval (11:21 AM) of Change in Officers/Directors as follows: • Change in Title of Elizabeth Moore, from President to Trustee, and Lily Chan -Harris, from Treasurer to President; • Removal of Judith Magin, Vice President, Noelani Johnson, Vice President, Mabel DeSilva, Secretary, and Robert Arthurs, Trustee; • Appointment of Richard Davis, as Vice President, Gary Larson, as Vice President, Dawn Sumida, as Vice President, Marva Lynn Chew, as Secretary, and Sandra Walker, as Treasurer; • Personal History and Affidavits for Richard Davis, Vice President, Gary Larson, Vice President, and Marva Lynn Chew, Secretary; effective April 1, 2023, by forms received April 13, 2023; of its Club liquor license, located at 150 Kino`ole Street, Hilo, Hawaii. Ibarra: Any motion to approve? Nishimoto: Commissioner Nishimoto, move to approve. Thomas: Commissioner Thomas, second. Commissioner Thomas moved to approve the Change in Officers/Directors as follows: Change in Title of Elizabeth Moore, from President to Trustee, and Lily Chan -Harris, from Treasurer to President; Removal of Judith Magin, Vice President, Noelani Johnson, Vice President, Mabel DeSilva, Secretary, and Robert Arthurs, Trustee; Appointment of Richard Davis, as Vice President, Gary Larson, as Vice President, Dawn Sumida, as Vice President, Marva Lynn Chew, as Secretary, and Sandra Walker, as Treasurer; Personal History and Affidavits for Richard Davis, Vice President, Gary Larson, Vice President, and Marva Lynn Chew, Secretary; of its Club liquor license, located at 150 Kino`ole Street, Hilo, Hawaii; Seconded by Commissioner Nishimoto. Ibarra: Any discussion on the motion to approve? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 37 OF 48 There was no discussion by Commissioners. Ibarra: There's no discussion. All in favor of the motion to approve, please say "Aye." The Commissioners voted "Aye." Ibarra: Any opposition, "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. b. SCP Hilo, LLC, dba SCP Hilo Hotel, dba SCP Provisions, approval of Change in Officers of SCP Hospitality II, LLC, sole member of SCP (11:21 AM) Hilo, LLC, with the removal of Stacie Zastrow, Vice President and CFO (Chief Financial Officer), effective January 1, 2023, by form received April 26, 2023; of its Hotel and Retail General liquor licenses, located at 126 Banyan Way, Hilo, Hawaii. Ibarra: Any motion to approve? Nishimoto: Commissioner Nishimoto, motion to approve. Ibarra: Any second? Thomas: Commissioner Thomas, second. Commissioner Nishimoto moved to approve the Change in Officers of SCP Hospitality II, LLC, sole member of SCP Hilo, LLC, with the removal of Stacie Zastrow, Vice President and CFO (Chief Financial Officer), effective January 1, 2023, by form received April 26, 2023; of its Hotel and Retail General liquor license, located at 126 Banyan Way, Hilo, Hawaii; Seconded by Commissioner Thomas. Ibarra: Any discussion on the motion to approve? There was no discussion by Commissioners. Ibarra: None. All in favor of the motion to approve, please say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 38 OF 48 Ibarra: Opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: No opposition, the motion is passed. The motion was carried unanimously. C. KBXtreme, LLC, dba KBXtreme, approval of Change in Members, with the appointment of Rebecca Adkins, as Member, effective July 1, 2023, (11:22 AM) by form received May 8, 2023; and the Personal History and Affidavit for Rebecca Adkins, Member; of its Restaurant General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii. Ibarra: Any motion to approve, Commissioners? Nishimoto: Commissioner Nishimoto, motion to approve. Greenwell: Commissioner Greenwell, second. Commissioner Nishimoto moved to approve the Change in Members, with the appointment of Rebecca Adkins, as Member, effective July 1, 2023, by form received May 8, 2023; and the Personal History and Affidavit for Rebecca Adkins, Member; of its Restaurant General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii; Seconded by Commissioner Greenwell. Ibarra: Any discussion on the motion to approve? There was no discussion by Commissioners. Ibarra: There be no discussion. All in favor of the motion to approve, please say "Aye." The Commissioners voted "Aye." Ibarra: Opposition, "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to approve is passed. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 39 OF 48 ITEM NO. 2(D), ALREADY TAKEN OUT OF ORDER e. Thai Rin Restaurant, Inc., dba Thai Rin Restaurant and Bar, approval of Change in Officers/Directors, and Application for Transfer of Stock as follows: (11:23 AM) • Removal of Patchara Suntharo, President, Secretary, and Director; and Kittidet Suntharo, Vice President, Treasurer, and Director; • Appointment of Paul Kim, as President, Andrew Kim, as Chairman of the Board, and Anthony Kim, as Director; • 100% Stock Transfer from Patchara Suntharo, to Paul Kim (34%), Andrew Kim (33%), and Anthony Kim (33%); • Personal History and Affidavits for Paul Kim, President, Andrew Kim, Chairman of the Board, and Anthony Kim, Director; effective June 1, 2023) by forms received May 12, 2023; of its Dispenser General liquor license, Category A, located at the Ali`i Sunset Plaza, 75-5799 Ali`i Drive, Unit C-1, Kailua-Kona, Hawaii. Ibarra: Any motion to approve? Wilkinson: Commissioner Wilkinson, so moved. Nishimoto: Commissioner Nishimoto, second. Commissioner Wilkinson moved to approve the Change in Officers/Directors, and Application for Transfer of Stock as follows: Removal of Patchara Suntharo, President, Secretary, and Director; and Kittidet Suntharo, Vice President, Treasurer, and Director; and the appointment of Paul Kim, as President, Andrew Kim, as Chairman of the Board, and Anthony Kim, as Director; 100% Stock Transfer from Patchara Suntharo to Paul Kim (34%), Andrew Kim (33%), and Anthony Kim (33%); Personal History and Affidavits for Paul Kim, President, Andrew Kim, Chairman of the Board, and Anthony Kim, Director; effective June 1, 2023, by forms received May 12, 2023; of its Dispenser General liquor license, Category A, located at the Ali`i Sunset Plaza, 75-5799 Ali`i Drive, Unit C-1, Kailua-Kona, Hawaii; Seconded by Commissioner Nishimoto. Ibarra: Any discussion on the motion? There was no discussion by Commissioners. Ibarra: None. All in favor of the motion to approve, please say "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 40 OF 48 The Commissioners voted "Aye." Ibarra: Opposition, "Nay." There was no opposition by Commissioners. Ibarra: No opposition, the motion to approve is passed. The motion was carried unanimously. 3. Permits Issued for Ratification (11:23 AM) ITEM NO. 30), ALREADY TAKEN OUT OF ORDER b. Hualalai Investors, LLC, dba Four Seasons Resort Hualalai, ratification of Application for Alteration Permit, for renovations to Ulu Restaurant, (11:23 AM) approved by Director Gerald Takase on April 26, 2023, of its Hotel liquor license, located at 72-100 Ka`upulehu Drive, 87 Mile Marker on Queen Ka`ahumanu Highway, Kailua-Kona, Hawaii. Ibarra: Any motion to ratify? Nishimoto: Commissioner Nishimoto, motion to ratify. Ibarra: Any second? Thomas: Commissioner Thomas, second. Commissioner Nishimoto moved to ratify the Application for Alteration Permit, for renovations to Ulu Restaurant, approved by Director Gerald Takase on April 26, 2023, of its Hotel liquor license, located at 72-100 Ka`upulehu Drive, 87 Mile Marker on Queen Ka`ahumanu Highway, Kailua-Kona, Hawaii; Seconded by Commissioner Thomas. Ibarra: Any discussion on the motion to ratify? There was no discussion by Commissioners. Ibarra: None. All in favor on the motion to ratify, please say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 41 OF 48 Ibarra: Opposition, "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to ratify is passed. The motion was carried unanimously. 4. Request to Transfer Liquor Inventory Submitted for Ratification (11:24 AM) a. H H & S, Inc., dba Mizuno Superette, ratification of request to transfer liquor inventory to Ohana Foods Inc., dba Mizuno Superette, approved by Director Gerald Takase on May 16, 2023, of its Retail General liquor license, located at the Pahala Shopping Center, 96-3167 Pikake Street, Pahala, Hawaii. b. KHI, Inc., dba Bayside Texaco, ratification of request to transfer liquor inventory to Lahaina Petroleum, LLC, dba Bayside Texaco, approved by Director Gerald Takase on May 16, 2023, of its Retail General liquor license, located at 774 Kamehameha Avenue, Hilo, Hawaii. C. KHI, Inc., dba Waiakeawaena Texaco, ratification of request to transfer liquor inventory to Lahaina Petroleum, LLC, dba Waiakeawaena Texaco, approved by Director Gerald Takase on May 16, 2023, of its Retail General liquor license, located at 2188 Kino`ole Street, Hilo, Hawaii. Ibarra: Any motion to ratify? Nishimoto: Commissioner Nishimoto, motion to ratify. Ibarra: Any second? Wilkinson: Commissioner Wilkinson, second. Commissioner Nishimoto moved to ratify the Request to Transfer Liquor Inventory Submitted for Ratification, Item Nos. 4(a) through 4(c), as stated in the agenda; Seconded by Commissioner Wilkinson. Ibarra: Any discussion on the motion? There was no further discussion from Commissioners. Ibarra: None. All in favor on the motion to ratify, please say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 42 OF 48 Ibarra: Any opposition, "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to ratify is passed. The motion was carried unanimously. 5. Temporary Increase in Licensed Premises Issued for Ratification (11:25 AM) a. Big Hitter Enterprises, LLC, dba Willie's Hot Chicken, ratification of Application for Temporary Increase in Licensed Premises, for a concert event on June 2, 2023, approved by Director Gerald Takase on May 2, 2023, of its Restaurant General liquor license, Category B1, located at 75-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawaii. b. Honokaa Public House LLC, dba Honokaa Public House, ratification of Application for Temporary Increase in Licensed Premises, to include tent out front for an event on May 26, 2023, approved by Administrative Officer Brandon Gonzalez on May 2, 2023, of its Restaurant General liquor license, Category B2, located at 45-3490 Mamane Street, Units G & F, Honoka`a, Hawaii. C. Island Hopper Pahoa LLC, dba Island Hopper Taproom, ratification of Application for Temporary Increase in Licensed Premises, for an event on July 1, 2023, approved by Director Gerald Takase on May 15, 2023, of its Restaurant General liquor license, Category B1, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 108, Kamuela, Hawaii. d. KBXtreme, LLC, dba KBXtreme, ratification of Application for Temporary Increase in Licensed Premises, to include parking lot for a concert on July 14-15, 2023, approved by Director Gerald Takase on May 17, 2023, of its Restaurant General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii. Ibarra: Any motion to ratify? Okabe: Wil Okabe, move to ratify. Wilkinson: Commissioner Wilkinson, second. Commissioner Okabe moved to ratify Temporary Increase in Licensed Premises Issued for Ratification, Item Nos. 5(a) through 5(d), as stated in the agenda; Seconded by Commissioner Wilkinson. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 43 OF 48 Ibarra: Any discussion on the motion to ratify? There was no discussion from Commissioners. Ibarra: There be none. All those in favor on the motion to ratify, please say "Aye." The Commissioners voted "Aye." Ibarra: Opposition, "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion is passed. The motion was carried unanimously. 6. Temporary Licenses Issued for Ratification (11:25 AM) a. License No. T-RG-349, Mauna Kea Resort LLC, dba Mauna Kea Market, Temporary Retail General liquor licenses, located at the Mauna Kea Beach Hotel, 62-100 Mauna Kea Beach Drive, Kamuela, Hawaii, effective December 27, 2022, and April 26, 2023. b. License No. T-RG-1007, Hawaii Farm Trails LLC, dba Onomea Country Market and Cafe, Temporary Retail General liquor license, located at 28-1099 Old Mamalahoa Highway, Pepe`ekeo, Hawaii, effective April 1, 2023. C. License No. T-RG-755, KW Kona Investors Beverage, LLC, dba Island Copra and Trading Company, Temporary Retail General liquor license, located at 72-300 Maheawalu Drive, Kailua-Kona, Hawaii, effective April 11, 2023. d. License No. T-H-221, KW Kona Investors Beverage, LLC, dba Kona Village Resort, Temporary Hotel liquor license, located at 72-300 Maheawalu Drive, Kailua-Kona, Hawaii, effective April 11, 2023. e. License No. T-DG-947, JRG Enterprises LLC, dba The HI Dive Bar, Temporary Dispenser General liquor license, Category B1, located at the Mango Court, 79-7460 Mamalahoa Highway, Kealakekua, Hawaii, effective May 1, 2023. f. License No. T-RG-771, Lahaina Petroleum, LLC, dba Bayside Texaco, Temporary Retail General liquor license, located at 774 Kamehameha Avenue, Hilo, Hawaii, effective May 2, 2023. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 44 OF 48 g. License No. T-RG-601, Lahaina Petroleum, LLC, dba Waiakeawaena Texaco, Temporary Retail General liquor license, located at 2188 Kino`ole Street, Hilo, Hawaii, effective May 3, 2023. h. License No. T-RG-068, Ohana Foods Inc., dba Mizuno Superette, Temporary Retail General liquor license, located at 96-3167 Pikake Street, Pahala, Hawaii, effective May 12, 2023. i. License No. T-WG-275, Island Distributing, L.L.C., dba Island Distributing (Kona), Temporary Wholesale General liquor license, located at 73-5581 Olowalu Street, Kailua-Kona, Hawaii, effective May 13, 2023. Ibarra: Any motion to ratify? Nishimoto: Commissioner Nishimoto, motion to ratify. Ibarra: Any second? Greenwell: Commissioner Greenwell, second. Commissioner Nishimoto moved to ratify Temporary Licenses Issued for Ratification, Item Nos. 6(a), through 6(i), as stated in the agenda; Seconded by Commissioner Greenwell. Ibarra: Any discussion on the motion to ratify? There was no discussion from Commissioners. Ibarra: None. All in favor on the motion to ratify, please say "Aye." The Commissioners voted "Aye." Ibarra: Opposition, "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to ratify is passed. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 45 OF 48 7. Special Licenses Issued for Ratification (11:26 AM) a. License No. SP-22-135, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license, for events on April 28 & 29; May 5 & 6, 19 & 20, 2023, held at 79-7384 Mamalahoa Highway, Kealakekua, Hawaii. b. License No. SP-22-136, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, for an event on May 14, 2023, held at 19-4074 Old Volcano Road, Volcano, Hawaii. C. License No. SP-22-137, Kahilu Theatre Foundation, dba Kahilu Theatre Foundation, for a Special Beer and Wine liquor license, for events on May 6, 7, 11, 12, 13, 18, 19, 21, and 28, 2023, held at 67-1186 Lindsey Road, Kamuela, Hawaii. d. License No. SP-22-138, 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 May 1 - 31, 2023) held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii. e. License No. SP-22-139, Hawaii Lodging & Tourism Association, dba Hawaii Lodging & Tourism Association, for a Special General liquor license, for an event on May 6, 2023, held at 68-1050 Makaiwa Place, Waimea, Hawaii. f. License No. SP-22-140, Hawaii Island Adult Care, Inc., dba Hawaii Island Adult Care, Inc., for a Special Beer and Wine liquor license, for an event on June 4, 2023, held at 1099 Waianuenue Avenue, Hilo, Hawaii. g. License No. SP-22-141, Fraternal Order of Eagles, dba Fraternal Order of Eagles, for a Special Beer and Wine liquor license, for events on June 2, 37 97 10, 16, 17, 23, 24, and 30, 2023, held at 16-111 `Opukaha`ia Street, Kea`au, Hawaii. h. License No. SP-22-142, Hawaii Island Chamber of Commerce, dba Hawaii Island Chamber of Commerce, for a Special General liquor license, for an event on May 25, 2023, held at 1321 Kino`ole Street, Hilo, Hawaii. i. License No. SP-22-143, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 19, 2023, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. Ibarra: Any motion to ratify? Thomas: Commissioner Thomas, so moved. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 46 OF 48 Ibarra: Any second? Nishimoto: Commissioner Nishimoto, second. Commissioner Thomas moved to ratify Special Licenses Issued for Ratification, Item Nos. 7(a), through 7(i), as stated in the agenda; Seconded by Commissioner Nishimoto. Ibarra: Any discussion on the motion? There was no discussion from Commissioners. Ibarra: There be none. All in favor on the motion to ratify, please say "Aye." The Commissioners voted "Aye." Ibarra: Opposition, please say "Nay." There was no opposition by Commissioners. Ibarra: There's no opposition, the motion to ratify is passed. IX. Announcements (11:27 AM) Meetings of the Liquor Commission July 6, 2023, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. August 3, 2023, 10:00 A.M., Kona Meeting Room, Department of Liquor Control, 75-5706 Kuakini Highway, Suite 107, Kailua-Kona, Hawaii. Ibarra: Is this the new place? Gonzalez: Yes, so don't come here, you guys have to go down to Big Island Grill parking lot, the Hanama Place building. Takase: We're going to have lunch down there so you guys will be familiar. Ibarra: Mr. Greenwell, you had your hand up? Greenwell: It's just what I was going to ask, if we were going to be there by August 3rd Takase: We will be there. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 11 2023 - KONA PAGE 47 OF 48 Ibarra: Okay, any other announcements or comments? There were no further announcements. X. Adjournment Meeting adjourned at 11:28 A.M. (n2 Takase Director The June 1, 2023 meeting minutes were approved as circulated, via email on June 29, 2023, by the Liquor Commission of the County of Hawaii on July 6, 2023. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 1, 2023 - KONA PAGE 48 OF 48