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HomeMy WebLinkAbout2024-04-04 Liquor Commission Minutes KonaCOUNTY OF HAWAI`I DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MEETING MINUTES — APRIL 4, 2024 HANAMA PLACE 75-5706 KUAKINI HIGHWAY SUITE 107 KAILUA-KONA, HAWAI`I I. Call to Order The meeting was called to order by Chair Nishimoto at 10.00 A.M., in the Kona Meeting Room, Department of Liquor Control, Hanama Place, 75-5706 Kuakini Highway, Suite 107, Kailua-Kona, Hawaii. The following were present and constituted a quorum: Commissioners: Laurisa Nishimoto, Chair Wil Okabe, Vice Chair Doug Espejo, Commissioner David Greenwell, Commissioner Jennifer Wilkinson, Commissioner Jennifer Yadao, Commissioner Absent and Excused: Arthur Taniguchi, Commissioner Brandon Gonzalez, Administrative Officer Others Present: Gerald Takase, Director Sinclair Salas Ferguson, Deputy Corporation Counsel Stacie Waltjen, Licensing Officer Hau`oli Sayles, Commission Secretary Nishimoto: Please silence your cell phones and other devices. This meeting is being recorded, so speak loud and clear and one at a time. We will now do roll call, please say present when your name is called. Sayles: Vice Chair Okabe. Okabe: Present. Sayles: Commissioner Espejo. Espejo: Present. Sayles: Commissioner Greenwell. Greenwell: Present. Sayles: Commissioner Wilkinson. Wilkinson: Present. Sayles: Commissioner Yadao. Yadao: Present. Sayles: Chair Nishimoto. Nishimoto: Present. Sayles: Absent and excused today are Commissioner Taniguchi, and Administrative Officer Gonzalez. Others present are Director Gerald Takase, Deputy Corporation Counsel Sinclair Salas Ferguson, Licensing Officer Stacie Waltjen, and Commission Secretary Hau`oli Sayles. II. Approval of Minutes— March 7, 2024 (10:01 AM) Nishimoto: The March 7, 2024, meeting minutes were circulated via email on March 28, 2024. May I have a motion to approve the meeting minutes as circulated? Okabe: Okabe, so moved. Greenwell: Greenwell, second. Commissioner Okabe moved to approve the March 7, 2024, Liquor Commission meeting minutes as circulated; Seconded by Commissioner Greenwell. Nishimoto: Is there any discussion in regards to the minutes? There was no discussion by Commissioners. Nishimoto: If not, may we take a vote? All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Minutes has been approved. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 2 OF 41 The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda (10.01 AM) Nishimoto: There is no addendum and/or supplemental agenda. IV. Public Statements on Agenda Items (10.02 AM) Nishimoto: Are there any statements from members of the public at this time? If so, state your name, the agenda item you are here for, then start your testimony. There were no statements from members of the public. Nishimoto: Seeing that there are none, we're going to move onto Item No. V., Public Hearings. V. Public Hearings (10.02 AM) 1. APPLICATION NO.: APPLICANT: (10.02 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-15 Marzo's Country Sports Bar & Grill LLC Marzo's Country Sports Bar & Grill Puna Kai Shopping Center, 15-2714 Pahoa Village Road, Suite D1 and D2, Pahoa, Hawaii 1-5-007.069 Original Restaurant General liquor license, Category B2 Kaeo Jones, and lkaika Marzo, Co -owners, were present. Nishimoto: Good morning, can you please state your name and relationship to the business. Jones: Good morning. Kaeo Jones, Owner. Marzo: lkaika Marzo, Co-owner. Nishimoto: Could you please describe the business. Jones: We're a family -Chemed sports bar, we focus on live music and dancing, along with a restaurant, country -style, local -style, pot -style food. More of keeping it family- themed and sports. Nishimoto: This is the one we had the "Bottoms -Up Beer." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 3 OF 41 Jones: Yes, we also have that "Bottoms -Up" dispensing, yes. Nishimoto: Have you received the application report? Jones: Yes. Nishimoto: Are there any changes to the report? Jones: No. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, the applicant mailed 2 out of 3 notices within 100 feet, 13 out of 13 notices within 500 feet. There were 12 total properties entitled to protest, we received no protests to this application. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Seeing that there are none. Commission, are there any discussion or questions? There was no discussion by Commissioners. Nishimoto: Alright, there are none, may I have a motion to close the public hearing? Okabe: Okabe, so moved. Nishimoto: May I have a second? Espejo: Espejo, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Espejo. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Okay, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 4 OF 41 There was no opposition by Commissioners. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. 23-15, pending final inspection? Greenwell: Greenwell makes a motion to approve Application No. 23-15, pending the final inspection. Okabe: Okabe, second. Commissioner Greenwell moved to approve Application No. 23-15, Marzo's Country Sports Bar & Grill LLC, dba Marzo's Country Sports Bar & Grill, for an Original Restaurant General liquor license, Category B2, located at the Puna Kai Shopping Center, 15-2714 Pahoa Village Road, Suite D1 and D2, Pahoa, Hawaii, TMK: 1-5-007:069, pending final inspection; Seconded by Commissioner Okabe. Nishimoto: Any discussion on the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Alright, the motion has been approved. 2. (10.05 AM) The motion was carried unanimously. APPLICATION NO.: APPLICANT: TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 23-18 Treehouse Next Door, Inc. Petals & Provisions 76-5905 Mamalahoa Highway, Holualoa, Hawaii 7-6-004.040 Original Retail General liquor license Mandl Post, and Hays Post, Co -owners, were present. Nishimoto: Good morning, please state your name and relationship to the business. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 5 OF 41 Post (Mandi): Good morning, Mandi Post, Owner. Post (Hays): Hays Post, Co-owner. Nishimoto: Could you describe the business, please. Post (Mandi): Yes, we are currently open, operating as a flower shop with home goods and d6cor, and gourmet food items, and hope to add beer, wine, and spirits for retail sales. Nishimoto: Have you received the application report? Post (Mandi): Yes. Nishimoto: Are there any changes to the report? Post (Mandi): No. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, the applicant mailed 7 out of 7 notices within 100 feet, 36 out of 36 notices within 500 feet. There were 35 total properties entitled to protest, we received no protests to this application. Nishimoto: Thank you. Is there any public testimony? There was no public testimony. Nishimoto: Seeing that there are none. Commission, are there any discussion or questions? There was no discussion by Commissioners. Nishimoto: Seeing that there are none, may I have a motion to close the public hearing? Okabe: Okabe, so moved. Nishimoto: May I have a second? Espejo: Espejo, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Espejo. Nishimoto: Any discussion on the motion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 6 OF 41 There was no discussion by Commissioners. Nishimoto: Okay let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed, "Nay." There was no opposition by Commissioners. Nishimoto: Motion has been approved. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. 23-18, pending final inspection? Greenwell: This is Greenwell, I'll approve Application No. 23-18, pending final inspection. Nishimoto: May I have a second? Wilkinson: Commissioner Wilkinson, second. Commissioner Greenwell moved to approve Application No. 23-18, Treehouse Next Door, Inc., dba Petals & Provisions, for an Original Retail General liquor license, located at 76-5905 Mamalahoa Highway, Holualoa, Hawaii, TMK: 7-6-004:040, pending final inspection; Seconded by Commissioner Wilkinson. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The motion has been passed. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 7OF 41 3. APPLICATION NO.: APPLICANT: (10.07 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-19 Smash Daddy's LLC Smash Daddy's Waikoloa Plaza, 68-1820 Waikoloa Road, #E105, Waikoloa, Hawaii 6-8-003.015 Original Restaurant General liquor license, Category 131 Nakoa Pabre, and Shaun O'Shaughnessy, Co -owners, were present. Nishimoto: Good morning. Please state your name and relationship to the business. O'Shaughnessy: Good morning. Shaun O'Shaughnessy, Owner Pabre: Good morning. Nakoa Pabre, Owner. Nishimoto: Can you please describe the business? O'Shaughnessy: Yes, so we're opening a smash burger concept up in Waikoloa Villlage, serving pretty much burgers, we also have a kalo burger. We're going to be doing some shakes and have a nice small bar to go along with it, and we're excited and ready to go. Nishimoto: Have you received the application report? O'Shaughnessy: Yes. Nishimoto: Are there any changes to the report? O'Shaughnessy: No changes. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, the applicant mailed 1 out of 1 notices within 100 feet, 7 out of 7 notices within 500 feet. There were 7 total properties entitled to protest, we received no protests to this application. Nishimoto: Thank you. Any public testimony? There was no public testimony. Nishimoto: Commission, any discussion or questions? There was no discussion by Commissioners. Nishimoto: May I have a motion to close the public hearing? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 8 OF 41 Wilkinson: Commissioner Wilkinson, so moved. Nishimoto: May I have a second? Yadao: Yadao, second. Commissioner Wilkinson moved to close the public hearing; Seconded by Commissioner Yadao. Nishimoto: Is there a discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Motion has been approved. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. 23-19, pending final inspection? Wilkinson: Commissioner Wilkinson, motion to approve Application No. 23-19, pending final inspection. Nishimoto: May I have a second? Okabe: Okabe, second. Commissioner Wilkinson moved to approve Application No. 23-19, Smash Daddy's LLC, dba Smash Daddy's, for an Original Restaurant General liquor license, Category B1, located at the Waikoloa Plaza, 68-1820 Waikoloa Road, #E105, Waikoloa, Hawaii, TMK: 6-8-003:015, pending final inspection; Seconded by Commissioner Okabe. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 9 OF 41 The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The motion has been passed. The motion was carried unanimously. 4. APPLICATION NO.: APPLICANT: (10.10 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: T23-20 Ka La Corporation Plantation Market 55-515 Hawi Road, Building #1, Hawi, Hawaii 5-5-015.025 Sale and Transfer of the Retail General liquor license, currently held by M. Nakahara Stores, Ltd., dba M. Nakahara Stores, Ltd. Jaycob Chilton, General Manager and Corporate Secretary, was present. Nishimoto: Good morning. Please state your name, and relationship to the business. Chilton: Good morning. My name is Jaycob Chilton, and I am the General Manager and Corporate Secretary. Nishimoto: Please describe your business. Chilton: Plantation Market is a neighborhood grocery and convenience store up in North Kohala. Nishimoto: Have you received the application report? Chilton: Yes. Nishimoto: Any changes to the report? Chilton: No. Nishimoto: Director, are there any report of protests? Takase: Madame Chairman, this is a sale and transfer, publication was made on Saturday, March 16, 2024, we received no protests to this application. Nishimoto: Any public testimony? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 10 OF 41 There was no public testimony. Nishimoto: Seeing there are none. Commission, any discussion or questions? There was no discussion by Commissioners. Nishimoto: May I have a motion to close the public hearing? Okabe: Okabe, so moved. Nishimoto: May I have a second? Wilkinson: Wilkinson, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Wilkinson. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: May I have a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Public hearing has been closed. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. T23-20, pending final inspection? Okabe: Okabe, so moved. Greenwell: Greenwell, seconds. Commissioner Okabe moved to approve Application No. T23-20, Ka La Corporation, dba Plantation Market, for a Sale and Transfer of the Retail General liquor license, currently held by M. Nakahara Stores, Ltd., dba M. Nakahara Stores, Ltd., located at 55-515 Hawi Road, Building #1, Haw-i, Hawaii, TMK: 5-5-015:025, pending final inspection; Seconded by Commissioner Greenwell. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 11 OF 41 Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. The motion was carried unanimously. Nishimoto: May I have a motion to ratify issuance of a Temporary License No. T-RG-115, effective March 15, 2024? Okabe: Okabe, so moved. Nishimoto: May I have a second? Greenwell: Greenwell, second. Commissioner Okabe moved to ratify issuance of Temporary License No. T-RG-115, effective March 15, 2024; Seconded by Commissioner Greenwell. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Okay, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: So, the motion for the temporary license has been approved. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 12 OF 41 5. APPLICATION NO.: APPLICANT: (10.13 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: T23-22 Dragonfly Hospitality Group, LLC Kenichi Pacific Keauhou Shopping Center, 78-6831 Ali`i Drive, Suite D-125, Kailua-Kona, Hawaii 7-8-010.040 Sale and Transfer of the Restaurant General liquor license, Category B2, currently held by Kenichi Pacific, Inc., dba Kenichi Pacific Christopher Massella, and Jorden Johnson, Co -owners, were present. Nishimoto: Good morning. Could you please state your name and relationship to the business. Massella: Good morning. My name is Christopher Massella, Owner. Johnson: Good morning. Jorden Johnson, Owner. Nishimoto: Have you received the application report? Massella: Yes. Nishimoto: Are there any changes to the report? Massella: There's none. Nishimoto: Director, are there any reports of protests? Takase: Madame Chairman, this was a sale and transfer, publication was made on March 16t", we received no protests to this application. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Commission, discussion and questions? Go ahead Mr. Greenwell. Greenwell: Can they describe the business? Massella: It's a Japanese sushi restaurant. Johnson: And we plan on expanding the menu, and Kenichi's has been there for a long time, so we plan on improving and adding more items to the menu. Greenwell: Basically, Japanese food then? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 13 OF 41 Massella: Correct, yes. Johnson: Yes, and we also have the bento box as well. Greenwell: Okay, thank you. Nishimoto: Any other discussion or questions, Commission? There was no further discussion by Commissioners. Nishimoto: If not, may I have a motion to close the public hearing? Greenwell: Greenwell makes the motion to close public hearing. Wilkinson: Commissioner Wilkinson, second. Commissioner Greenwell moved to close the public hearing; Seconded by Commissioner Wilkinson. Nishimoto: Thank you, any discussion on the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Public hearing has been closed. The motion was carried unanimously. Nishimoto: May I have a motion to approve or deny Application No. T23-22, pending final inspection? Wilkinson: Commissioner Wilkinson, so moved. Greenwell: Greenwell, second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 14 OF 41 Commissioner Wilkinson moved to approve Application No. T23-22, Dragonfly Hospitality Group, LLC, dba Kenichi Pacific, for a Sale and Transfer of the Restaurant General liquor license, Category B2, currently held by Kenichi Pacific, Inc., dba Kenichi Pacific, located at the Keauhou Shopping Center, 78-6831 Ali`i Drive, Suite D-125, Kailua-Kona, Hawaii, TMK: 7-8-010:040, pending final inspection; Seconded by Commissioner Greenwell. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: Those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Your motion has been approved. The motion was carried unanimously. VI. Preliminary Hearings (10.15 AM) Changed the Order of Business: The next three items were taken at once 1. APPLICATION NO.: APPLICANT: (10.16 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 2. APPLICATION NO.: APPLICANT: (10.16 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: AND 23-23 GNHI Associates LLC Grand Naniloa Hotel Hilo 93 Banyan Drive, Hilo, Hawaii 2-1-001:012; 2-1-005:013; 016; 017; 027; 032 - 046 Original Hotel liquor license 23-24 GNHI Associates LLC The Sundries Store 93 Banyan Drive, Hilo, Hawaii 2-1-005.016 Original Retail General liquor license MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 15 OF 41 Changed the Order of Business: The following item was taken out of order VIII. New Business (10:16 AM) 7. GNHI Associates LLC, dba The Sundries Store, ratification of Liquor Management Agreement effective February 23, 2024, with Hawaii Performance Partners, LLC, as Manager of its Retail Premises, approved by Director Gerald Takase on March 28, 2024; of its Retail General liquor license, located at 93 Banyan Drive, Hilo, Hawaii. Kenneth Hoo, Esq., Authorized Agent, was present. Nishimoto: Good morning. Hoo: Thank you, Madame Chair, Commission members, Kenneth Hoo, appearing for the applicant, I am the Authorized Agent, and with regard to the Application Report for 23-23, just one change, on Page 5 of the report, it indicates that the owner of the hotel owns it in fee simple, but in fact it is not. It's leasehold land that is owned by the State of Hawaii, Department of Land and Natural Resources, and the owner has a lease they took over assumption from the previous owner. That's the change as to that one, I have another similar change as to the other Application Report. Nishimoto: Can I just go back a little bit and ask you to describe the businesses? Hoo: Sure, as to the 23-23, this hotel has been there for a long time, and the only reason we're applying for an original license is because the previous owner of the hotel basically went through foreclosure, and there's a new owner, and that new owner entered into a management agreement with GNHI Associates LLC, to manage the hotel and also to apply for the liquor license, that's the reason why it's being done this way. Nishimoto: So, basically it's the hotel as well as The Sundries Shop that we're looking at? Hoo: That's correct. Nishimoto: So, you said there was a change to 23-23. Hoo: Right. Nishimoto: You said there were also others? Hoo: Yes, there's also Application No. 23-24, on page 3, there's a similar change that would have to be made as to the fee simple interest of the property, that leasehold. And also page 2 of that report indicates at that time when the report was done that a management agreement was being worked, in fact it has been finalized and has been signed, and has been filed with the Department. So, that's completed. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 16 OF 41 Sayles: And that would be the Item No. 7? Hoo: That's correct. The Kapoho Kine has always been there, so it's continuing on with the same operator. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Commission, any additional discussion or questions? There was no discussion by Commissioners. Takase: So, Kenny, your management agreement has to be changed too? Hoo: I'm sorry, yeah you see, I have no control over the management agreement, it was sent to me and that's where the language unfortunately talked about fee simple. Takase: Well, yeah. Hoo: And that would have to be corrected, but I'm gonna need the mainland counsel to take care of that because they dealt with the parties at that time to make that, and I've already informed them. And they sent me the assignment and assumption agreement which I sent to the Department, of the leasehold land so that the owner is the owner of the leasehold land, but not the fee simple. Takase: And local management knows who you are now? Hoo: Yes, they were unfortunately somewhat confused with too many different lawyers, but they remember Hoo, that's the main thing. Nishimoto: Commission, any other discussion or questions? Okabe: I have one, so this document because of the changes, does it have to be anything official, or just by this discussion, changes from fee simple to that, how does that work? Takase: Actually, we should have picked that up because we knew but, Stacie was just following the management agreement. Hoo: We submitted it that way, it's not your problem. Okabe: So, there's no ramifications by just approving it the way it is? Takase: No, I mean he's — MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 17 OF 41 Okabe: We're going to have to change, yeah? Takase: Well, he's made the amendments on the floor, so we should be good. Okabe: Okay, will it just be an editorial change per discussion of this meeting? Takase: No, it will be a permanent change, so they will get us a new management agreement to match it all up. Okabe: So, we don't have to approve it after that again? This will be it? Takase: Yes. Okabe: Okay. Espejo: I have a question, will the hotel now have a new restaurant? Hoo: The restaurant is in operation right now, but it is being run by the manager, and the name has changed also. Takase: So, the hotel is running the restaurant. Hoo: Before they had an operator, so that operator is gone. Espejo: So, the hotel will be running the— Hoo: The hotel has been since the temporary, has been operating the restaurant. Espejo: Thank you. Hoo: You're welcome. Nishimoto: Alright, any other questions or discussion? Wilkinson: Just curious if you know how much longer on leasehold until it has to be renewed? Takase: 30 years. Hoo: Yes, it's a 30-year lease. Wilkinson: Thank you. Nishimoto: Any other discussion or questions? There was no discussion by Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 18 OF 41 Nishimoto: Okay, if not, may I have a motion to approve or deny Application Nos. 23-23 and 23-24? If approved, public hearings to be held on June 6, 2024, in Kona. Wilkinson: Commissioner Wilkinson, so moved. Nishimoto: May I have a second? Okabe: Okabe, second. Commissioner Wilkinson moved to approve Application No. 23-23, and Application No. 23-24, GNHI Associates LLC, dba Grand Naniloa Hotel Hilo, dba The Sundries Store, for an Original Hotel and Retail General liquor licenses, located at 93 Banyan Drive, Hilo, Hawaii, TMK: 2-1-001:012; 2-1-005:013; 016; 017; 027; 032; 046, with public hearings to be held on June 6, 2024, in Kona, Hawaii; Seconded by Commissioner Okabe. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: So that motion has been approved. The motion was carried unanimously. Nishimoto: We'd also like to have a motion to ratify issuance of Temporary License Nos. T-H-1029 and T-RG-1030, effective February 23, 2024? Greenwell: Greenwell, I will approve the Temporary License Nos. T-H-1029 and T-RG-1030, effective February 23, 2024. Nishimoto: May I have a second? Wilkinson: Commissioner Wilkinson, second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 19 OF 41 Commissioner Greenwell moved to ratify issuance of Temporary License Nos. T-H-1029 and T-RG-1030, effective February 23, 2024; Seconded by Commissioner Wilkinson. Nishimoto: Any discussion of the motion? Go ahead. Greenwell: Chair, what does T-RG-1030, what does the "RG" stand for? Takase: Retail General, so that is for the Kapoho Kine convenience store. Greenwell: So, they can sell bottle liquor? Takase: Yes. Nishimoto: Okay, any other questions? There was no further discussion by Commissioners. Nishimoto: Alright, let's take a vote, all in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: We ratified the temporary licenses. The motion was carried unanimously. Nishimoto: Now, I would like to have a motion to ratify Liquor Management Agreemtent, approved by Director on March 28, 2024? Okabe: Okabe, so moved. Nishimoto: May I have a second? Espejo: Espejo, second. Commissioner Okabe moved to ratify the Liquor Management Agreement effective February 23, 2024, between Hawaii Performance Partners, LLC, as Manager of the Retail Premises, approved by Director Gerald Takase on March 28, 2024; of its Retail General liquor license, located at 93 Banyan Drive, Hilo, Hawaii; Seconded by Commissioner Espejo. Nishimoto: Any discussion of the motion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 20 OF 41 Wilkinson: Do we need to add the amendment? Takase: Yes, why don't we say we'll add that, and it will be amended reflecting that the hotel is leasehold property under the State's lease. Nishimoto: Okay, so this is to vote on the ratification of the Liquor Management Agreement to include the change of the fee simple to the leasehold, is that correct? Takase: Yes. Wilkinson: For the amendments made today. Nishimoto: Alright, any other discussion of the motion before we take a vote? There was no further discussion by Commissioners. Nishimoto: Alright, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Alright, we have approved all of the above. The motion was carried unanimously. Nishimoto: So, that was to ratify the Liquor Management Agreement, as well as the temporary licenses, as well as Application Nos. 23-23 and 23-24. Returned to the Order of Business 3. APPLICATION NO.: APPLICANT: (10.27 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: 23-25 Dizzle's Karaoke Lounge LLC Dizzle's Karaoke Lounge 74-5563 Kaiwi Street, Space No. 112, Kailua-Kona, Hawaii 7-4-010.005 Original Cabaret liquor license Edwina Wong Yuen, and Edwina Young, Co -owners, were present. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 21 OF 41 Nishimoto: Good morning, could you please state your name and relationship to the business. Wong Yuen: Edwina Wong Yuen, Owner. Young: Edwina Young, mother and Admin (Adminstration). Nishimoto: Could you please describe the business. Young: Yes, it's going to be a family restaurant, we're actually geared to accommodate families. The restaurant is set to serve lunches, local favorites, you know plate lunch kine, pupus, and then about 7.00 p.m. in the evening, we'd like to start karaoke, because I come from a family that we love to sing, so we used to take our children to go karaoke, so they would enjoy that. So, I figured if we started it early enough before the bar hours, that even the children can have a chance to be a part of that. I see how music affects and helps children too, so we want to be a family restaurant that will actually turn it into a bar at 10.00 p.m., we turn it to bar hours and karaoke, and pupus will continue. Nishimoto: Have you received the application report? Young: Yes, we did. Nishimoto: Are there any changes to the report? Young: No. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Commissioners, any discussion or questions? Wilkinson: Commissioner Wilkinson, I just have a question, so you'll be open and then at about 10.00 p.m. is when you'll be serving alcohol? Young: Yes, well we'll serve alcohol but 10-00 p.m. is when the bar part of the business starts, and it'll only be 21 and over. Wilkinson: At that point, so you'll have to shoo anybody out that is still there? Young: Right, yeah. Wilkinson: And I see you have three employees. Young: Yes, to start. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 22 OF 41 Wilkinson: To start, so I'm assuming one will be in the kitchen the whole time, somebody at the bar, and then someone at the door, it's a lot of work for three people. Young: And I'll be wherever I need to help, yes. Wilkinson: Okay, alright, sounds good. Young: Thank you. Takase: Edwina, are you going to make any changes? Well, when Cheers was running, they kind of had dark curtains up over the windows, it was kind of their concept, but I think one of their problems was always nobody could tell if they were open or closed. Young: Right, no we don't plan on darkening out, we actually want everyone to know we're open. So, we were planning on tinting, you know just so that its able to keep out sunlight, that would be kind of annoying, but no plans of the speakeasy process at all. Ours would be just really simple, and we definitely want people to know we're open, so no we're not going to go for that speakeasy. Takase: I think that was one of their problems is that they were going for a certain look and I guess they accomplished it, but it also I think worked against them, that unless you knew what was there, you wouldn't know it was there. Young: Right. Nishimoto: That's formerly Umeke's, right? Young: Yes, before Cheers it was Umeke's. Nishimoto: So, kind of going back to the lighted — Young: Yes, the lighted family restaurant, lunch and dinner, and we will have live music, to start we want to do Wednesday's Friday's, just to begin 6.00 p.m. — 9.00 p.m and then see how it goes. If we should add another day or so, we'll probably do that, but we do know for the dancing part that we want to go for, we have to have a designated dance area of 100 feet, so we'll make sure that happens. Wilkinson: Do you know what the occupancy is? Young: It's 84 or 86, 1 only looked at the sign one time when we were showing, so. Nishimoto: Okay, any other questions or discussion by the Commission? Espejo: I have a comment on the name, how did you get Dizzle's? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 23 OF 41 Young: I'm so glad you asked, my daughter got that as a nickname from her Aunty, who she's also nicknamed after, her Hawaiian name, she calls her Dizzle. So, when I was thinking, because this has always been my desire to have a family restaurant, I come from a line of family that had their hands in restaurant, I've been in the restaurant business here and there for a long time, my daughter actually ran her brother's business down at the Honokohau Harbor, he's no longer in business, but Keoni's Point of View, so she was managing that place for him, and they only had the beer and wine license there. So, we want to do more than beer and wine, obviously after 10.00 p.m., when everybody comes in for karaoke, I still like to go out and karaoke myself, I have to admit that. And, I kind of want to have a more I don't know, I guess a cleaner approach to the karaoke scene versus what I see now. It's kind of too crazy for me, so we want to kind of create a nice, clean environment area. I know things can happen, and you going get the crazies, but we have plans to show them the door if they no can follow the rules. You know, but it would be nice to have a place where you can just go and not worry about crazies, and karaoke and have good food, you know that's what we're trying to bring, we're trying to do something to enlighten the night scene. I enjoy that but not all the time, my daughter, she's actually working in a place, I don't know if I'm allowed to say, but she's working at Ocean's, and she sees the scene and the things you don't want to see, she doesn't want to see happen at Dizzle's. So, we have a lot of perspective as to why we're doing what we're doing, and we're trying to bring that, and try to have more of a, not wholesome, but I know that can happen. Just somewhere a little bit more easier to enjoy yourself if you chose to go out, and in the later hours, and somewhere you can enjoy yourself without the crazy scene of other places. Espejo: Great, thank you. Young: You're welcome. Takase: It's probably the music. Young: Yes, her daddy is a musician, my hubby, and he's going to actually be a part of that live music. Nishimoto: Okay, any other discussion or questions, Commission? There was no discussion by Commissioners. Nishimoto: Okay if not, may I have a motion to approve or deny Application No. 23-25? If approved, public hearing to be held June 6, 2024 in Kona. Wilkinson: Commissioner Wilkinson, move to approve Application No. 23-25. If approved, public hearing to be held on June 6, 2024, in Kona. Nishimoto: May I have a second? Greenwell: Greenwell, second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 24 OF 41 Commissioner Wilkinson moved to approve Application No. 23-25, Dizzle's Karaoke Lounge LLC, dba Dizzle's Karaoke Lounge, for an Original Cabaret liquor license, located at 74-5563 Kaiwi Street, Space No. 112, Kailua-Kona, Hawaii, TMK: 7-4-010:005, with public hearing to be held on June 6, 2024, in Kona, Hawaii; Seconded by Commissioner Greenwell. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The motion has been approved. The motion was carried unanimously. 4. APPLICATION NO.: APPLICANT: (10.36 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 23-27 Kona Crust, LLC Kona Crust Pizza Kona Coast Shopping Center, 74-5586 Palani Road, Suite 7, Kailua-Kona, Hawaii 7-4-015.001 Original Restaurant Beer and Wine liquor license, Category A Rennell Saro, Co-owner, was present. Nishimoto: Good morning. Please state your name and your relationship to the business. Saro: Good morning. My name is Rennell Saro, I'm the Owner of Kona Crust. Nishimoto: Could you please describe the business. Saro: We're a New York -style pizza place. Nishimoto: Have you received the application report? Saro: I have, yes. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 25 OF 41 Nishimoto: Are there any changes to the report? Saro: There are none. Nishimoto: Any public testimony? There was no public testimony. Nishimoto: Seeing that there are none. Commission, any discussion or questions? There was no discussion by Commissioners. Nishimoto: May I have a motion to approve or deny Application No. 23-27? If approved, public hearing to be held on June 6, 2024, in Kona. Okabe: Okabe, move to approve. Wilkinson: Commissioner Wilkinson, second. Commissioner Okabe moved to approve Application No. 23-27, Kona Crust, LLC, dba Kona Crust Pizza, for an Original Restaurant Beer and Wine liquor license, Category A, located at the Kona Coast Shopping Center, 74-5586 Palani Road, Suite 7, Kailua-Kona, Hawaii, TMK: 7-4-015:001, with public hearing to be held on June 6, 2024, in Kona, Hawaii; Seconded by Commissioner Wilkinson. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: The motion has been approved. The motion was carried unanimously. VII. Unfinished Business (10.37 AM) Nishimoto: There is no Unfinished Business at this time. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 26 OF 41 Vill. New Business (10:37 AM) 1. Hawaii Nautical Inc., dba Spirit of Aloha catamaran 1334888, ratification of Director's March 25, 2024 approval of Application No. 23-28 of Hawaii Nautical Inc., (10.37 AM) dba Spirit of Aloha catamaran 1334888, for an original Tour or Cruise Vessel liquor license, Category A, moored at 'Anaeho'omalu Bay, Waikoloa, Hawai'i; and approval of Application for Outside Storage Permit, located at 'Anaeho'omalu Bay, Waikoloa, Hawai'i. Nishimoto: May I have a motion to ratify? Wilkinson: Commissioner Wilkinson, so moved. Nishimoto: May I have a second? Okabe: Okabe, second. Commissioner Wilkinson moved to ratify the Director's March 25, 2024 approval of Application No. 23-28, Hawaii Nautical Inc., dba Spirit of Aloha catamaran 1334888, for an original Tour or Cruise Vessel liquor license, Category A, moored at `Anaeho`omalu Bay, Waikoloa, Hawaii; and approval of Application for Outside Storage Permit, located at `Anaeho`omalu Bay, Waikoloa, Hawaii; Seconded by Commissioner Okabe. Nishimoto: Any discussion on the motion? Go ahead Commissioner Greenwell. Greenwell: Director, can you give us a little insight on this ratification? Takase: The applicant has been running catamarans out of Waikoloa, and really what she's doing is placing a new vessel into operation there, so they're replacing their old vessel. Greenwell: Okay. Takase: I shouldn't say replace, I think they're putting this one into service, and they're going to drydock the old one and refurbish it, so eventually they'll have a second vessel. Greenwell: Okay, one of my concerns or questions was, they talked about access being only egress and ingress off of the beach. Takase: Yes. Greenwell: The liquor is being stored in a shed, the person that carries the liquor from the shed to the boat, does he have to be a licensed liquor handler? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 27 OF 41 Takase: I don't know if licensed, but it would be the employees. Greenwell: I'm questioning how far they're carrying this liquor from the storage shed to the boat, how do we as the enforcement division make sure that the liquor gets from the shed onto the boat, and it doesn't fall into the water along the beach purposely. I kind of read that about the egress and ingress was only by the beach, now who's carrying this liquor, who's handling it and how, from the storage shed to the boat? Takase: It would be their employees, so the wholesaler would deliver it to the storage shed. I believe it's the shed down by the water. Greenwell: Behind the bathrooms? Takase: Yes. Greenwell: That's what it says in here, the shed is behind the bathrooms. I'm just wondering about the control of the liquor from the shed to get to the boat, are they hiring yardman or janitors to carry this from the shed to the boat? Takase: Oh no, I'm assuming it's their own employees that will fill up the boat. Greenwell: It's kind of hard for our enforcement people to monitor when they're actually doing this, and I'm not trying to make a monkey out of this because I know that we have ships that we give licenses to, vessels that I'm assuming are a little bit more rigid in their control, but I'm wondering about this control, how tight is it? Takase: We haven't had any complaints or problems, and we have other controls on them, I guess. They're hired by the hotel to service as they're shipped to go out. Greenwell: If you're good with it, I'm good with it. Takase: Actually, the owner of it is Gina Mangerie, if you know who she is, so she's always on top of things, so I don't think we'll have any problems with their operation. Nishimoto: And there's also an application submitted for outside storage, so with that there are probably is some guidelines as well. Takase: Well, that's what he's talking about, from the outside storage to the boat itself. So, they will bring the boat to the shore, and load, and that's how they load their passengers on the boat as well. Greenwell: Well, in the application they talked about egress and ingress was only over the beach. Takase: Yes. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 28 OF 41 Greenwell: Yeah, okay I'm just a little concerned, who is handling that liquor from the storage shed to get onto the boat? Takase: We can ask, I'm pretty sure it's their employees, not somebody else that's not working. Greenwell: If you're good, I'm good. Nishimoto: Alright, any other discussion? There was no further discussion by Commissioners. Nishimoto: Let's take a vote. All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Motion has been ratified. The motion was carried unanimously. 2. Change in Officers / Directors Submitted for Approval (10.43 AM) a. GKM, Inc., dba Sea Store & Deli, approval of Change in Officers/Directors, and Application for Transfer of Stock as follows: (10.43 AM) 100% Stock Transfer from Norman Gentry (50%) and Gary Lambert (50%), to Shane O'Brien (24%); The Yard Manager, LLC (24%); Dean Family Trust, dated May 5, 2008 (24%); CAB2023 LLC (16%); Big Wave Hawaii LLC (16%); Pass Cavallo Holdings LLC (8%); LAL, LLC (8%); and Boatspace LLC (4%); effective March 4, 20247 by form received March 13, 2024; Removal of Norman Gentry, President, Treasurer, and Director; Removal of Gary Lambert, Vice President, Secretary, and Director; Appointment of Shane O'Brien, as President, Secretary, Treasurer, and Director; and Personal History and Affidavit for Shane O'Brien, President, Secretary, Treasurer, and Director; effective March 5, 20247 by form received March 8, 2024; of its Retail Beer and Wine liquor license, located at the Honokohau Harbor, 74-425 Kealakehe Parkway, Kailua-Kona, Hawai'i. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 29 OF 41 Nishimoto: May I have a motion to approve? Greenwell: Greenwell, approves. Wilkinson: Commissioner Wilkinson, second. Commissioner Greenwell moved to approve the Change in Officers/Directors, and Application for Transfer of Stock as follows: 100% Stock Transfer from Norman Gentry (50%) and Gary Lambert (50%), to Shane O'Brien (24%); The Yard Manager, LLC (24%); Dean Family Trust, dated May 5, 2008 (24%); CAB2023 LLC (16%); Big Wave Hawaii LLC (16%); Pass Cavallo Holdings LLC (8%); LAL, LLC (8%); and Boatspace LLC (4%); effective March 4, 2024, by form received March 13, 2024; Removal of Norman Gentry, President, Treasurer, and Director; Removal of Gary Lambert, Vice President, Secretary, and Director; Appointment of Shane O'Brien, as President, Secretary, Treasurer, and Personal History and Affidavit for Shane O'Brien, President, Secretary, Treasurer, and Director; effective March 5, 2024, by form received March 8, 2024; of its Retail Beer and Wine liquor license, located at the Honokohau Harbor, 74-425 Kealakehe Parkway, Kailua-Kona, Hawaii; Seconded by Commissioner Wilkinson. Nishimoto: Is there any discussion of the motion? There was no discussion by Commissioners. Nishimoto: All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Motion has been approved. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 30 OF 41 b. Costco Wholesale Corporation, dba Costco Wholesale, approval of Change in Officers/Directors as follows: (10.44 AM) • Change in Title of Richard Galanti, from Executive Vice President, Chief Financial Officer (CFO), and Director, to Director (remove Executive Vice President and Chief Financial Officer (CFO)); • Appointment of Gary Millerchip, as Executive Vice President and Chief Financial Officer (CFO); • Personal History and Affidavit for Gary Millerchip, Executive Vice President and Chief Financial Officer (CFO); effective March 15, 2024, by form received March 27, 2024; of its Retail General liquor license, located at the Kaloko Light Industrial Park, 73-5600 Maiau Street, Kailua-Kona, Hawaii. Nishimoto: May I have a motion to approve? Okabe: So moved, Okabe. Wilkinson: Wilkinson, second. Commissioner Okabe moved to approve the Change in Officers/Directors as follows: Change in Title of Richard Galanti, from Executive Vice President, Chief Financial Officer (CFO), and Director, to Director (remove Executive Vice President and Chief Financial Officer (CFO); Appointment of Gary Millerchip, as Executive Vice President and Chief Financial Officer (CFO); Personal History and Affidavit for Gary Millerchip, Executive Vice President and Chief Financial Officer (CFO); effective March 15, 2024, by form received March 27, 2024; of its Retail General liquor license, located at the Kaloko Light Industrial Park, 73-5600 Maiau Street, Kailua-Kona, Hawaii; Seconded by Commissioner Wilkinson. Nishimoto: Any discussion on the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote. All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Motion has been approved. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 31 OF 41 The motion was carried unanimously. C. Food Pantry, Ltd., dba Holo Holo Market, dba Whalers General Store #230, approval of Change in Officers, with the removal of Jamie (10.44 AM) Tokunaga-Magno, Senior Vice President, effective February 29, 2024, by form received March 27, 2024; of its Retail General liquor licenses, for both Hawaii Island store locations. Nishimoto: May I have a motion to approve? Greenwell: Greenwell, move to approve. Okabe: Commissioner Okabe, second. Commissioner Greenwell moved to approve the Change in Officers as follows: Removal of Jamie Tokunaga-Magno, Senior Vice President, effective February 29, 2024, by form received March 27, 2024; of its Retail General liquor licenses, for both Hawaii Island store locations; Seconded by Commissioner Okabe. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Let's take a vote. All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: Opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Motion has been approved. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 32 OF 41 3. Permits Issued for Ratification (10.45 AM) a. Mac Acquisition of Hawaii LLC, dba Romano's Macaroni Grill, ratification of request to transfer liquor inventory to RMG Waikoloa, LLC, dba Romano's Macaroni Grill, approved by Director Gerald Takase on March 8, 2024, of its Restaurant General liquor license, Category B1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Suite 1010, Waikoloa, Hawai'i. b. Tracey Niimi, ratification of Application for Individual Importation of Liquor Permit, for shipment of liquor to 1403 Alu Street, Hilo, Hawai'i, approved by Administrative Officer Brandon Gonzalez on February 28, 2024. C. Kevin Fujitani, ratification of Application for Individual Importation of Liquor Permit, for shipment of liquor to 606 Pilinui Place, Hilo, Hawai'i, approved by Administrative Officer Brandon Gonzalez on March 1, 2024. d. Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122, ratification of Applications for Game Permits, for an event on March 14, 2024, approved by Administrative Officer Brandon Gonzalez on March 11, 2024; and for an event on April 1, 2024, approved by Director Gerald Takase on March 25, 2024; of its Special General liquor license, located at 74-5543 Kaiwi Street, Suite 3-A185a and 3-A185b, Kailua-Kona, Hawai'i. e. Kawaihae Pizza, Inc., dba Cafe Pesto Hilo Bay, ratification of Applicaton for Live Entertainment and Dancing, a One Time Only Trial Period Not to Exceed 90 Days, effective April 7 - July 5, 2024, approved by Director Gerald Takase on March 25, 2024, of its Restaurant General liquor license, Category A, located at the S. Hata Building, 308 Kamehameha Avenue, Hilo, Hawai'i. Nishimoto: May I have a motion to ratify? Okabe: Okabe, so moved. Greenwell: Greenwell, second. Commissioner Okabe moved to ratify Permits Issued for Ratification, Item Nos. 3(a) through 3(e), as stated in the agenda; Seconded by Commissioner Greenwell. Nishimoto: Any discussion of the motion? There was no discussion by Commissioners. Nishimoto: Okay, let's take a vote, all those in favor say "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 33 OF 41 The Commissioners voted "Aye." Nishimoto: All those opposed, "Nay." There was no opposition by Commissioners. Nishimoto: Items have been ratified. The motion was carried unanimously. 4. Temporary Increase in Licensed Premises Issued for Ratification (10.46 AM) a. Napua Hilo LLC, dba Lehua Restaurant at Imiloa, ratification of Application for Temporary Increase in Licensed Premises, for an event on March 4, 2024, approved by Administrative Officer Brandon Gonzalez on March 1, 2024, of its Restaurant General liquor license, Category B2, located at 600 `Imiloa Place, Hilo, Hawaii. b. Big Hitter Enterprises, LLC, dba Willie's Hot Chicken, ratification of Application for Temporary Increase in Licensed Premises, for a concert on March 23, 2024, approved by Administrative Officer Brandon Gonzalez on March 13, 2024, of its Restaurant General liquor license, Category B1, located at 75-5599 Pawai Place, Bays 1 & 2, Kailua-Kona, Hawaii. C. DJL Holualoa LLC, dba Holualoa Farm Kitchen, ratification of Application for Temporary Increase in Licensed Premises, for an event on March 16, 2024, approved by Administrative Officer Brandon Gonzalez on March 6, 2024, of its Restaurant General liquor license, Category B1, located at 76-5900 Old Government Road, Holualoa, Hawaii. d. SML Hawaii LLC, dba Alebrije Hawaii, ratification of Application for Temporary Increase in Licensed Premises, for an event on March 16, 2024, approved by Director Gerald Takase on March 14, 2024, of its Restaurant General liquor license, Category B1, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 111, Kamuela, Hawaii. e. Kawaihae Pizza, Inc., dba Cafe Pesto Hilo Bay, ratification of Applicaton for Temporary Increase in Licensed Premises, for an event on April 7, 2024, approved by Director Gerald Takase on March 25, 2024, of its Restaurant General liquor license, Category A, located at the S. Hata Building, 308 Kamehameha Avenue, Hilo, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 34 OF 41 Nishimoto: May I have a motion to ratify? Wilkinson: Commissioner Wilkinson, so moved. Nishimoto: May I have a second? Okabe: Okabe, second. Commissioner Wilkinson moved to ratify Temporary Increase in Licensed Premises Issued for Ratification, Item Nos. 4(a) through 4(e), as stated in the agenda; Seconded by Commissioner Okabe. Nishimoto: Any discussion on the motion? There was no discussion by Commissioners. Nishimoto: Okay, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Item Nos. 4(a) through 4(e) has been approved. The motion was carried unanimously. 5. Special Licenses Issued for Ratification (10.47 AM) a. License No. SP-23-116, 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 March 1 - 31, 2024, held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii. b. License No. SP-23-117, Parker School, dba Parker School, for a Special General liquor license, for an event on March 1, 2024, held at the Fairmont Orchid Ballroom, One North Kaniku Drive, Kohala Coast, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 35 OF 41 C. License No. SP-23-118, Japanese Chamber of Commerce & Industry of Hawaii, dba Japanese Chamber of Commerce & Industry of Hawaii, for a Special General liquor license, for an event on March 6, 2024, held at the Hilo Municipal Golf Course, 340 Haihai Street, Hilo, Hawaii. d. License No. SP-23-119, Penn Hawaii Youth Foundation, dba Penn Hawaii Youth Foundation, for a Special Beer and Wine liquor license, for an event on March 16, 2024, held at 777 Kino`ole Street, Hilo, Hawaii. e. License No. SP-23-120, Christopher Camero Memorial VFW Post 12122, dba Christopher Camero Memorial VFW Post 12122, for a Special General liquor license, for events from March 4 - June 30, 2024, held at 74-5543 Kaiwi Street, Suite 185A, Kailua-Kona, Hawaii. f. License No. SP-23-121, Hilo Women's Club, dba Hilo Women's Club, for a Special Beer and Wine liquor license, for an event on March 16, 2024, held at 7 Lele Street, Hilo, Hawaii. g. License No. SP-23-122, Hilo High School Foundation, dba Hilo High School Foundation, for a Special Beer and Wine liquor license, for an event on April 26, 2024, held at the Sangha Hall, 424 Kilauea Avenue, Hilo, Hawaii. h. License No. SP-23-123, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, for an event on March 9, 2024, held at 19-4074 Old Volcano Road, Volcano, Hawaii. L License No. SP-23-124, Hawaii Island United Way, dba Hawaii Island United Way, for a Special General liquor license, for an event on March 17, 2024, held at 68-1050 Makaiwa Place, Waimea, Hawaii. j. License No. SP-23-125, Holualoa Foundation for Arts and Culture, dba Donkey Mill Art Center, for a Special Beer and Wine liquor license, for an event on March 30, 2024, held at 78-6670 Mamalahoa Highway, Holualoa, Hawaii. k. License No. SP-23-126, Fraternal Order of Eagles, dba Fraternal Order of Eagles, for a Special Beer and Wine liquor license, for events on April 5, 6, 12, 13, 19, 20, 26, 27, 2024, held at 16-111 `Opukaha`ia Street, Kea`au, Hawaii. I. License No. SP-23-127, Ocean View Community Association Inc., dba Ocean View Community Association, for a Special Beer and Wine liquor license, for an event on March 23, 2024, held at 92-8924 Leilani Circle, Ocean View, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 36 OF 41 M. License No. SP-23-128, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for events on March 15, 16, 22, 23, 2024, held at 38 Haili Street, Hilo, Hawaii. n. License No. SP-23-129, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for events on March 17 & 24, 2024, held at 38 Haili Street, Hilo, Hawaii. o. License No. SP-23-130, 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 March 29, 2024, held at 38 Haili Street, Hilo, Hawaii. P. License No. SP-23-131, 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 March 30, 2024, held at 38 Haili Street, Hilo, Hawaii. Nishimoto: May I have a motion to ratify? Okabe: Okabe, so moved. Greenwell: Greenwell, second. Commissioner Okabe moved to ratify Special Licenses Issued for Ratification, Item Nos. 5(a) through 5(p), License Nos. SP-23-116 through SP-23-131, as stated in the agenda; Seconded by Commissioner Greenwell. Nishimoto: Any discussion on the motion? There was no discussion by Commissioners. Nishimoto: All those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Item Nos. 5(a) through 5(p) have been approved for ratification. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 37 OF 41 6. Transient Vessel Licenses Issued for Ratification (10.47 AM) a. License No. TV-23-045, Oceania Cruises Ltd., dba Regatta, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on April 10, 2024. b. License No. TV-23-046, TUI Cruises GmBH, dba Europa 2, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii; and Kona Harbor, Kailua-Kona, Hawaii, on April 3, 2024 (Hilo); and on April 4, 2024 (Kona). Nishimoto: May I have a motion to ratify? Okabe: Okabe, so moved. Greenwell: Greenwell, second. Commissioner Okabe moved to ratify Transient Vessel Licenses Issued for Ratification, Item Nos. 6(a) and 6(b), License Nos. TV-23-045 through TV-23-046, as stated in the agenda; Seconded by Commissioner Greenwell. Nishimoto: Any discussion on the motion? There was no discussion by Commissioners. Nishimoto: Alright, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Nishimoto: All those opposed say "Nay." There was no opposition by Commissioners. Nishimoto: Item Nos. 6(a) and 6(b) has been approved for ratification. The motion was carried unanimously. Nishimoto: Commissioner Greenwell. Greenwell: Ms. Chair, this has probably been asked of Gerald before, how do you differentiate between a permit and a license? Takase: In terms of, what are looking at, or just in general? Greenwell: Yes. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 38 OF 41 Takase: Well, a license is a permanent— Greenwell: But when we get a temporary license? Takase: Temporary licenses are temporary. Permits usually deal not so much with the sale of alcohol. So, if they want to sell alcohol, whether it's temporarily or permanently, we would issue a license. Permits usually deal with other things attached to the license, like a permit to increase your premises, things of that nature. So, if they're selling liquor, then they would always get a license, whether it be a temporary or permanent license, or a special license for the events that they hold, everything else would be permits. Greenwell: So, you have to have a license to sell liquor, a permit would be issued to someone that does not have a license? Takase: No, it can be for licensees as well. So, if you look at most of the permits that you're approving today, back to Item No. 3, transfer of liquor inventory, permits Romanos to transfer inventory between the old licensee and the new one. Importation of individual permits, they're bringing things in, Tracy Niimi and Kevin Fujitani asked for permits to bring liquor into the State. Greenwell: Yes, that would be a permit. Takase: Correct because they're not selling it. Greenwell: Yes. Takase: Same with VWF Post game permits, and Cafe Pesto, permit for live entertainment and dancing. Game permits, when they're dealing with games that simulate gambling type of activities, we require them to get gaming permits from us so that we kind of put everyone on notice that you know, we're going to have this type of activity, so if anybody questions them about what they're doing, we can say that they're permitted to have, that's why Judge Ibarra kept saying that we don't approve of gambling. Greenwell: Yes Takase: And Cafe Pesto, they are having live entertainment and dancing in there, they've set aside an area outside their restaurant in the hallway, which I think they have control over, this is for the Merrie Monarch. They wanted to increase their area, but they also wanted to try entertainment and dancing in the premises, so with Merrie Monarch, they'll have it increased so they're trying it out for now to see how it is. And, under Item No. 4, the temporary increases are usually done by permits, so they have a license, but they're asking for increases usually for events that they have. Greenwell: So, is it just a permitted operation? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 39 OF 41 Takase: They have a liquor license, but we're allowing them an extension of their premises, so most of these are for events that they're having. So like Lehua's is using a room within `Imiloa, kind of like a ballroom area, so they want to extend it to that area and cater the event there. Willie's Hot Chicken is doing another concert into the parking lot. Greenwell: You know Gerald, and then the one like the Parker School for a license to have their function at the Fairmont? Takase: So, they're applying for a special license because they want to be the ones to sell the liquor for fundraising. Greenwell: Okay, now can they buy liquor from say Costco or anyplace and take it in there and sell it? Takase: Yes, so as a special licensee, which is reserved for politicians, I don't know why, and non -profits, they can apply for special licenses, where they will be the ones to sell the liquor, and also profit from it. So, we see a lot of times, they will have to get permission from Fairmont to use their license on their premises. Greenwell: But, if it's a fundraiser, they can bring their own liquor in? Takase: Yes. In most instances, it's not really to sell liquor themselves, but they get donations for wine and things like that, and they sell them at auction as part of their silent auction. It's more for that, rather than— Greenwell: The handling of the liquor? Takase: Well, because they're going to be selling it as part of it, but it's not so much the service, a lot of times. So, when they are going to sell liquor in any way, shape, or form, they will come in for the special license. Even the other ones you see in here, the Japanese Chamber, Hilo High School Foundation, they are not selling the liquor per se, but they handle a lot of donations, and for them to turn around and sell it, they need to get a special license to do that. Greenwell: Okay. Nishimoto: Thank you for that clarification, thank you for asking that question, and now we're all clear on that. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, APRIL 4, 2024 - KONA PAGE 40 OF 41 IX. Announcements (10:55 AM) Meetings of the Liquor Commission May 2, 2024, 10:00 A.M., Hilo Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. June 6, 2024, 10:00 A.M., Kona Meeting Room, Department of Liquor Control, Hanama Place, 75-5706 Kuakini Highway, Suite 107, Kailua- Kona, Hawaii. X. Adjournment Meeting adjourned at 10:55 A.M. Ge ald Takase Director The April 4, 2024 meeting minutes were approved as circulated, via email on April 29, 2024, by the Liquor Commission of the County of Hawaii on May Z 2024. MINUTES - LIQUOR COMMISSION MEETING - TH URSDA Y, APRI L 4, 2024 - KONA PAGE 41 OF 41