HomeMy WebLinkAbout2024-12-05 Liquor Commission Minutes KonaCOUNTY OF HAWAI`I
DEPARTMENT OF LIQUOR CONTROL
LIQUOR COMMISSION MEETING & PUBLIC HEARING
MINUTES — DECEMBER 5, 2024
HANAMA PLACE
75-5706 KUAKINI HIGHWAY SUITE 107
KAI LUA-KONA, HAWAI `I
I. Call to Order
The meeting was called to order by Chair Nishimoto at 10:00 A.M., in the 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
Arthur Taniguchi, Commissioner
Melvin Ventura, Commissioner
Absent and Excused: Jennifer Wilkinson, Commissioner
Jennifer Yadao, Commissioner
Others Present: Gerald Takase, Director
Brandon Gonzalez, Administrative Officer
Ihna Kandatsu Kang, Deputy Corporation Counsel
Stacie Waltjen, Licensing Officer
Hau`oli Sayles, Commission Secretary
Nishimoto: Please silence your phones and other devices. This meeting is being
recorded, so speak loud, 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 Taniguchi.
Taniguchi: Present.
Sayles: Commissioner Ventura.
Ventura: Present.
Sayles: Chair Nishimoto.
Nishimoto: Present.
Sayles: Absent and excused today are Commissioner Wilkinson, and Commissioner
Yadao. Others present are Director Gerald Takase, Administrative Officer Brandon
Gonzalez, Deputy Corporation Counsel Ihna Kandatsu-Kang, Licensing Officer Stacie
Waltjen, and Commission Secretary Hau`oli Sayles.
II. Approval of Minutes —November 7, 2024 (10:OOAM)
Nishimoto: The November 7, 2024, meeting and public hearing minutes were
circulated via email on November 29, 2024. May I have a motion to approve the
meeting and public hearing minutes as circulated?
Okabe: So moved.
Greenwell: Second.
Commissioner Okabe moved to approve the November 7, 2024,
Liquor Commission meeting and public hearing minutes as
circulated; Seconded by Commissioner Greenwell.
Nishimoto: Any discussion?
There was no discussion by Commissioners.
Nishimoto: If not, 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 meeting and public hearing minutes have been approved.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 2 OF 50
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 (10:01 AM)
Nishimoto: Any 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:
(10: 02 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
24-06
K.O. Pizza
K.O. Pizza
55-3406 Akoni Pule Highway, Hawi, Hawaii
5-5-010 : 013
Original Restaurant General liquor license,
Category 131
Representing applicant: Kelly Woods, and Oliver Vanzandt, Co -owners.
Nishimoto: Good morning, can you please state your name and relationship to the
business?
Woods: Morning, Kelly Woods, Co-owner.
Vanzandt: Oliver Vanzandt, Co-owner.
Nishimoto: Could you please describe your business?
Woods: We sell New York -style pizza, we have some salads and cinnamon rolls too,
that's mainly it.
Nishimoto: Have you received the application report?
Woods: We have.
Nishimoto: Good, have there been any changes to the report?
Woods: No.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 3 OF 50
Nishimoto: Director, are there any reports of protests?
Takase: Madame Chairman, the applicant mailed 7 out of 7 notices within 100 feet,
45 out of 45 notices within 500 feet, and one notice to a condominium or cooperative
apartment manager. There were 45 properties entitled to protest, we received no
protests to this application.
Nishimoto: Very good, thank you very much. Is there any public testimony?
There was no public testimony.
Nishimoto: Okay, seeing there are none. Commission, is there any discussion or
questions?
Ventura: I have one question if I may, what is the status of your lease extension?
Woods: So, we just signed to extend it for four more years.
Ventura: Thanks.
Nishimoto: Anymore questions?
Takase: Are you the only pizza place open?
Woods: No, there's King's View as well, but they do burgers and other things too.
Nishimoto: What's your signature pizza?
Woods: Cheese probably, classic, we do the 20-inch pies so they're really big thin
crust.
Nishimoto: Wow, okay. May I have a motion to close the public hearing?
Okabe: So moved.
Nishimoto: May I have a second?
Espejo: Second.
Commissioner Okabe moved to close the public
hearing; Seconded by Commissioner Espejo.
Nishimoto: Okay, any discussion on the motion?
There was no discussion by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 4 OF 50
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.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application No. 24-06, pending
final inspection?
Okabe: Motion to approve Application No. 24-06, pending final inspection.
Greenwell: Greenwell, second.
Commissioner Okabe moved to approve Application No. 24-06,
K.O. Pizza, dba K.O. Pizza, for an Original Restaurant General
liquor license, Category B1, located at 55-3406 Akoni Pule
Highway, Hawl, Hawaii, TMK: 5-5-010:013, pending final
inspection; 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: Thank you very much.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 5 OF 50
NEXT TWO ITEMS WERE TAKEN AT ONCE
2. APPLICATION NO.:
APPLICANT:
(10:05 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
AND
3. APPLICATION NO.:
APPLICANT:
TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
24-07
Par Hawaii, LLC
Hele Stores (1801 Kamehameha)
1801 Kamehameha Avenue, Hilo, Hawaii
2-1-006: 042
Original Retail General liquor license
24-08
Par Hawaii, LLC
Hele Stores (Palani)
74-5590 Palani Road, Ste. #30, Kailua-Kona,
Hawaii
7-4-015:001
Original Retail General liquor license
Representing applicant: Robert Ichikawa, Authorized Agent, and David Jesse,
Retail Operations Manager.
Nishimoto: Good morning, could you please state your name and your relationship to
the business.
Ichikawa: Yes, good morning, Chairwoman Nishimoto, Commissioners, Director
Takase, I'm Robert Ichikawa, representing Par Hawaii, LLC, doing business as Hele
Stores. We have no changes to the report and received no protests.
Nishimoto: Can you please describe your business?
Ichikawa: Oh, I'm sorry, this is David Jesse.
Jesse: I'm the Retail Operations Manager for Par Hawaii, Hele gas stations and
convenience stores, there's a chain of stores around Hawaii, we have eight (8) here on
the Big Island.
Nishimoto: Okay, and then you said you received the application report and there are
no changes, correct?
Ichikawa: Correct.
Nishimoto: Alright, Director, are there any reports of protests?
Takase: Madame Chairman, for Application No. 24-07, which is Hele Stores, 1801
Kamehameha Avenue, the applicant mailed 10 out of 6 notices within 100 feet, 180 out
of 180 notices within 500 feet. There were 180 total properties entitled to protest, we
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 6 OF 50
received no protests to this application. For Application No. 24-08, applicant mailed 2
out of 2 notices within 100 feet, 202 out of 202 notices within 500 feet, and one notice to
a condominium or cooperative property owner. There were 105 total properties entitled
to protest, we received no protests to this application.
Nishimoto: Okay, clarify one more time for me, Application No. 24-07 for
Kamehameha Avenue, was that 10 or 6 within 100 feet?
Takase: I guess they mailed 10 for 6 properties.
Nishimoto: Okay, so 6 out of 10, then?
Takase: 10 out of 6.
Nishimoto: 10 out of 6, okay I was like I'm not sure.
Takase: They went overboard.
Ichikawa: We had to be abundantly cautious.
Nishimoto: Any public testimony?
There was no public testimony.
Nishimoto: Seeing none. Commissioners, are there any discussion or questions?
Takase: For the Kamehameha store, are they operating as a convenience store
already?
Ichikawa: They're currently in operation.
Takase: And they were prior to that?
Ichikawa: Yes.
Takase: And, you've gotten all your inspections, you're just waiting for Public Works?
Ichikawa: Yes.
Nishimoto: Any other questions, discussion?
There was no discussion by Commissioners.
Nishimoto: Alright, if not, may I have a motion to close the public hearing?
Taniguchi: Move to close both public hearings.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 7 OF 50
Nishimoto: Thank you, may I have a second?
Venture: Second.
Commissioner Taniguchi moved to close both public
hearings; Seconded by Commissioner Ventura.
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.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve or deny Application Nos. 24-07 and 24-08,
pending final inspections?
Okabe: Motion to approve.
Nishimoto: May I have a second?
Greenwell: This is Greenwell, I'll second.
Commissioner Okabe moved to approve Application No. 24-07
and Application No. 24-08, Par Hawaii, LLC, dba Hele Stores
(1801 Kamehameha), dba Hele Stores (Palani), for Original
Retail General liquor licenses, located at 1801 Kamehameha
Avenue, Hilo, Hawaii, TMK: 2-1-006:042, and at 74-5590 Palani
Road, Ste. #30, Kai I ua-Kona, Hawai `i, TMK: 7-4-015:001,
pending final inspections; 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."
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 8 OF 50
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Your applications, both have been approved, pending final inspections.
Thank you.
The motion was carried unanimously.
Ichikawa: Thank you very much. We wanted to thank the Department as well for efficiently
getting through all this work for us, so we really appreciate it.
CHANGED THE ORDER OF BUSINESS: THE FOLLOWING ITEM WAS TAKEN OUT OF ORDER
VIII. New Business (10:10AM)
1. Change in Ownership Submitted for Approval
(10:10 AM) C. Safeway Inc., dba Safeway Store #1117, dba Safeway Stores,
Inc. #2893 (Maka'ala), dba Safeway (Hilo Fuel Center), approve
Purchase of 100% Common Stock by The Kroger Co. of Albertsons
Companies, Inc., sole owner of Albertsons Safeway LLC, dba
Safeway Inc., by letter received October 14, 2024; of its Retail
General liquor licenses, located at 75-971 Henry Street, Kailua-Kona,
Hawaii, and 381 East Maka`ala Street, Hilo, Hawaii.
Representing Licensee: Robert Ichikawa, Authorized Agent.
Ichikawa: Good morning, Robert Ichikawa representing Safeway Inc., dba Safeway.
Just a point of clarification, that the approval would include that Albertsons Safeway
LLC, is the sole owner of Safeway Inc., doing business as Safeway, and Safeway Inc. is
the licensee under all the licenses.
Nishimoto: And that's clarifying the purchase of the common stock?
Ichikawa: Yes, so there's going to be a purchase way above by Kroger of Albertsons
Companies, Inc. So, we provided notification of that potential purchase, but we also
wanted to clarify that Albertsons Companies then owns Albertsons Safeway LLC, and
that Albertsons Safeway LLC owns Safeway Inc.
Nishimoto: Well, that's quite a chain.
Ichikawa: Yes, in the end it's all the same entities controlling, but we just wanted to
make sure technically it's clear.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 9 OF 50
Nishimoto: Yes, because we're familiar with those names on the mainland, Albertsons
and Kroger, but here it's Safeway, yeah?
Ichikawa: Yes.
Nishimoto: Commission, any discussion or questions with what he just shared with
us?
There was no discussion by Commissioners.
Nishimoto: May I have a motion to approve the purchase of 100% Common Stock?
Taniguchi: So moved.
Nishimoto: May I have a second?
Greenwell: Greenwell, second.
Commissioner Taniguchi moved to approve the Purchase
of 100% Common Stock by The Kroger Co., of Albertsons
Companies, Inc., sole owner of Albertsons Safeway LLC,
sole owner of Safeway Inc., by letter received October 14,
2024; of its Retail General liquor licenses, located at 75-971
Henry Street, Kailua-Kona, Hawaii, and 381 East Maka`ala
Street, Hilo, 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: Your purchase of 100% Common Stock has been approved.
The motion was carried unanimously.
RETURNED TO THE ORDER OF BUSINESS
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 10 OF 50
4. APPLICATION NO.:
APPLICANT:
(10:12 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
T24-10
Hana Hou Restaurant Group LLC
Hana Hou Restaurant
95-1148 N5'51ehu Spur Road, N5'51ehu, Hawaii
9-5-021:005
Sale and Transfer of the Restaurant General
liquor license, Category B1, currently held by
Hana Hou Restaurant, Inc., dba Hana Hou
Restaurant
Representing applicant: Zane Monteleone and Marc Umayam, Co -owners.
Nishimoto: Good morning, can please state your name and relationship to the
business.
Umayam: Marc Umayam, Partner.
Monteleone: Zane Monteleone, Partner.
Nishimoto: Can you please describe your business?
Monteleone: Our business is a simple family -style restaurant in N5'51ehu, providing
homestyle cooking to the community. It's been very rewarding, as the restaurant was
dormant for a while, and we've got to know our community, and create this really
amazing establishment, providing the community with services, there's not a lot of
options down there South, Big Island, so it's been very rewarding.
Nishimoto: Do you have Monday, Tuesday, Wednesday, Thursday, Friday specials?
Monteleone: We do actually, so we only use Kuhiwi Ranch beef, we only buy fish from
our local fisherman there, and Marc and I go hunt and fish and grew up that way, so we
breakdown all of our fish there, so we provide a fresh fish plate and a fresh fish burger,
and then we also provide standard loco mocos, and we do fun things like spicy chicken
sandwiches. Yes, we rotate a lot, we just started introducing local saimin, so we have
Chef Sheldon Simeon, Stacie said that some of you guys went over to his restaurant in
Kahului at Tiffany's over on Maui, he's a very dear friend of ours, he was on "Top Chef'.
So, he came out and helped us kind of roll out a lot of stuff and rearranged our kitchen,
and helped with efficiency, so yeah we've been blessed with having a lot of help.
Nishimoto: That's nice to hear that collaboration in order to get to this point, very good.
And have you received the application report?
Monteleone: Yes, ma'am.
Nishimoto: And are there any changes to the report?
Monteleone: No.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 11 OF 50
Nishimoto: You're still going to have pies, right? I asked that the last time.
Monteleone: Yes.
Nishimoto: Director, this is a sale and transfer, the notification had gone out?
Takase: Madame Chairman, this is a sale and transfer, notice was made by publication
on Sunday, November 17t", we received no protests to this application.
Nishimoto: Okay, thank you very much. Any public testimony?
There was no public testimony.
Nishimoto: Seeing none. Commissioners, any discussion or questions?
Nishimoto: Which is your most famous pie?
Monteleone: So, actually we had a bakery in Lahaina for about five years.
Nishimoto: So, you brought new things over?
Monteleone: So, one of my famous pies is the lilikoi chiffon, it got really popular up on
Kauai at that famous saimin shop, so we were able to kind of like duplicate it, so that's
kind of going to be the star, yeah.
Nishimoto: Can you tell I'm a desert person? Okay, going back to any questions or
discussion?
There was no discussion by Commissioners.
Nishimoto: Seeing none, may I have a motion to close the public hearing?
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: Okay, thank you. 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 & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 12 OF 50
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
Nishimoto: Alright, now may I have a motion to approve or deny Application No.
T24-10, pending final inspection?
Okabe: Motion to approve Application No. T24-10, pending final inspection.
Nishimoto: Thank you, may I have a second?
Espejo: Espejo, second.
Commissioner Okabe moved to approve Application No. T24-10,
Hana Hou Restaurant Group LLC, dba Hana Hou Restaurant,
for a Sale and Transfer of the Restaurant General liquor license,
Category 131, currently held by Hana Hou Restaurant, Inc., dba
Hana Hou Restaurant, located at 95-1148 Na`alehu Spur Road,
Na`alehu, Hawaii, TMK: 9-5-021:005, pending final inspection;
Seconded by Commissioner Espejo.
Nishimoto: Any discussion of the motion?
There was no discussion by Commissioners.
Nishimoto: If not, 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: Thank you very much, your application has been approved pending final
inspection.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 13 OF 50
VI. Preliminary Hearings (10:17 AM)
1. APPLICATION NO.:
APPLICANT:
(10: 17 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
24-11
Blue Wilderness LLC
Blue Wilderness LLC
69-1649 Puako Beach Drive, Kamuela, Hawaii
6-9-003:022
Original Retail General liquor license
Representing applicant: Denise Vidosh, Owner, and Lia Rosenstein, Shop Manager.
Nishimoto: Good morning, welcome. Can you please state your name and
relationship to the business?
Vidosh: Hi, good morning. My name is Denise Marie Vidosh, and I'm the Managing
Member.
Rosenstern: And I'm Lia Rosenstern, and I'm the Shop Manager
Nishimoto: Can you please describe your business?
Vidosh: It's located at the Puako General Store, we offer deli foods, freshly made,
cookies, baked goods, a small general store, and we also have a dive charter business
that's been operating since 2006, right out of Puako Boat Ramp, and adjacent to the
store, we have the dive operation.
Nishimoto: Have you received the report?
Vidosh: Yes, I have.
Nishimoto: Are there any changes to the report?
Vidosh: We have been closing at 5:30 p.m. not 6:00 p.m.
Nishimoto: Okay, closing at 5:30 p.m. instead of 6:00 p.m., and that's daily?
Vidosh: Yes.
Nishimoto: Any public testimony?
There was no public testimony.
Nishimoto: Seeing none. Commission, any discussion or questions?
Greenwell: This is part of the Puako General Store or?
Vidosh: It's the Puako General Store.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 14 OF 50
Rosenstern: It's formerly, it's the same.
Vidosh: It's the same store.
Greenwell: It's the same store, it's together?
Vidosh: Yes.
Greenwell: Okay.
Vidosh: The one that Noran Patel ran it for 30 years?
Greenwell: Uh huh.
Vidosh: Same store.
Greenwell: Okay.
Vidosh: Yeah.
Nishimoto: Any other questions, discussion?
There was no discussion by Commissioners.
Nishimoto: May I have a motion to approve or deny Application No. 24-11 ? If approved,
public hearing to be held on February 6, 2025, in Kona.
Okabe: Motion to approve Application No. 24-11, with public hearing to be held
February 6t"
Nishimoto: May I have a second?
Greenwell: Greenwell, second.
Commissioner Okabe moved to approve Application No. 24-11,
Blue Wilderness LLC, dba Blue Wilderness LLC, for an Original
Retail General liquor license, located at 69-1649 Puako Beach Drive,
Kamuela, Hawaii, TMK: 6-9-003:022, with public hearing to be held
on February 6, 2025, in Kona, Hawaii; Seconded by Commissioner
Greenwell.
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."
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 15 OF 50
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-1040,
effective November 1, 2024?
Okabe: Motion to ratify issuance of Temporary License No. T-RG-1040, effective
November 1st
Nishimoto: May I have a second?
Taniguchi: Second.
Commissioner Okabe moved to ratify issuance of Temporary
License No. T-RG-1040, effective November 1, 2024; Seconded
by Commissioner Taniguchi.
Nishimoto: Thank you, 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: Thank you very much, your application has been approved as well as a
temporary license.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 16 OF 50
2. APPLICATION NO.:
APPLICANT:
(10:20 AM) TRADE NAME:
PLACE OF BUSINESS:
TMK:
LICENSE APPLIED FOR:
T24-12
Flynn Restaurants LLC
Ocean Club
69-1029 Nawahine Place, Waikoloa, Hawaii
6-9-010-001-0193
Sale and Transfer of the Dispenser General liquor
license, Category B2, currently held by CRH
Ocean Club, LLC, dba Ocean Club, and an
Increase in Licensed Premises to include the
poolside area which encompasses approximately
1,600 square feet
Representing applicant: Brian Flynn, Owner.
Nishimoto: Good morning, can you please state your name and relationship to the
business?
Flynn: Yes, Brian Flynn, Owner.
Nishimoto: Can you please describe your business?
Flynn: Yes, I'm the new operator of a private club, full -service restaurant, poolside
service of food and drink. We're also in charge of doing the towel service, and the gym,
and the facilities down at the Ocean Club as part of a private community.
Nishimoto: Seems like a nice place to be right now. Have you received the report?
Flynn: Yes.
Nishimoto: Okay, are there any changes to the report?
Flynn: No.
Nishimoto: Is there any public testimony?
There was no public testimony.
Nishimoto: Seeing none. Commission, any discussion, oh you have a question?
Takase: Yes, so Brian, how are you going to run around the pool area? You guys have
waitresses?
Flynn: Yes, so part of the issue prior was that they couldn't keep staff down there, so if
one person had called out, then they would have to shut down for the day or what not,
right? You know, we have definite staff for the restaurants so we're hiring people from
other restaurants to have enough staff, so we'll provide a full-time pool server. We'll
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 17 OF 50
also have a pool attendant that will be cross utilized as a busser as well as a full-time
server, full-time bartender, and a full-time manager in that area at all times.
Takase: So, you're going to increase the menu?
Flynn: Yes, most definitely. So, Darcy Ambrosio, he was our corporate chef for the
restaurants. I actually originally met him when I worked down at the Ocean Club about
12 years ago, and he is currently the executive chef there so, we're increasing the
menu. So, we're making it executable, it's a small area, I know they've had issues in
the past with Health and whatnot, so we're kind of making sure the place stays clean
because we have the constant presence down there.
Taniguchi: So, where is this located?
Flynn: Just past the Hilton, there's a private, obviously a few condominium complexes,
the first one past the Hilton on the north side, and the club is all the way down at the
ocean.
Takase: It's called Hali`i Kai is the development.
Flynn: Yes.
Takase: If you go past the Hilton coming back up to the main highway, it's on the left-
hand side, it's kind of hidden the driveway.
Flynn: Yes, it's a well -kept secret, not a lot of people know about it.
Takase: It's a pretty big complex.
Flynn: Yes, it's a great amenity for the homeowners down there.
Nishimoto: Yes, and it kind of runs between the golf courses, yeah?
Flynn: Yes, so there's the golf course, the ocean hole between the Hilton and the club,
and it's right on the point there, it's a beautiful little spot, yes.
Takase: 11 t" and 12t" holes.
Nishimoto: Nice.
Takase: And then the restaurant is down at the end.
Flynn: Yes.
Takase: So, is it going to be open to the public?
Flynn: No, it's for homeowners and renters within the community.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 18 OF 50
Nishimoto: So, it's gated at the front?
Flynn: It's gated.
Nishimoto: Oh, I see.
Flynn: Yes, exactly. So, only renters within the community and homeowners are
allowed at the club.
Nishimoto: Do you generate a lot of business, I mean are you busy just with that?
Flynn: Yes, I think this last year they hit close to 1.5 million in revenue, and you know
they were adjusting prices and whatnot, this year we're anticipating closer to about 2
million. Yes, so it's a beast amount for sure, it never gets overwhelming, food and
beverage operations are from 11:00 a.m. until 8:00 p.m., right? But we also have an
attendant there at 8:00 a.m. in the morning making sure that nobody is trying to bring in
their own drinks to the pool and stuff like that, right?
Nishimoto: Yes, because these are all condos (condominiums) so some will prepare
their food in the condo (condominium), but nice knowing there's a place to go and eat.
Flynn: Yes, there is a barbecue area within the pool area you know that we monitor as
well.
Nishimoto: So, you'll probably get the influx for the seasons, the seasonal travelers.
Flynn: Most definitely, for sure, yes.
Nishimoto: I see, interesting. Okay, any other questions, discussion?
There was no further discussion by Commissioners.
Nishimoto: May I have a motion to approve or deny Application No. T24-12? If
approved, public hearing to be held on February 6, 2025, in Kona?
Greenwell: This is Greenwell, I'll approve Application No. T24-12, with a public hearing
to be held February 6, 2025, in Kona.
Taniguchi: Second.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 19 OF 50
Commissioner Greenwell moved to approve Application No.
T24-12, Flynn Restaurants LLC, dba Ocean Club, for a Sale and
Transfer of the Dispenser General liquor license, Category 132,
currently held by CRH Ocean Club, LLC, dba Ocean Club, and an
Increase in Licensed Premises to include the poolside area which
encompasses approximately 1,600 square feet, located at 69-1029
Nawahine Place, Waikoloa, Hawaii, TMK: 6-9-010-001-0193, with
public hearing to be held on February 6, 2025, in Kona, Hawaii;
Seconded by Commissioner Taniguchi.
Nishimoto: Thank you, 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: Application has been approved and public hearing on February 6t"
The motion was carried unanimously.
Nishimoto: Now, may I have a motion to ratify the issuance of a Temporary License
No. T-DG-653, effective November 1, 2024?
Greenwell: This is Greenwell, I'll make the motion to ratify Temporary License No. T-
DG-653, effective November 1st, 2024.
Nishimoto: Okay, may I have a second?
Taniguchi: Second.
Commissioner Greenwell moved to ratify issuance of
Temporary License No. T-DG-653, effective November 1, 2024;
Seconded by Commissioner Taniguchi.
Nishimoto: Thank you very much, 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 & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 20 OF 50
The Commissioners voted "Aye."
Nishimoto: All those opposed say "Nay."
There was no opposition by Commissioners.
Nishimoto: Your temporary license has also been ratified.
The motion was carried unanimously.
VII. Unfinished Business (10:26 AM)
Nishimoto: There is no Unfinished Business.
VIII. New Business (10:26AM)
NEXT TWO ITEMS WERE TAKEN AT ONCE
1. Change in Ownership Submitted for Approval (10:26 AM)
a. Big Island Alehouse, LLC, dba Humpy's Big Island Alehouse; and
Kohola, LLC, dba Laverne's Sports Bar, approve Merger of Kohola,
(10:26 AM) LLC, with and into Big Island Alehouse, LLC, with the surviving entity
being Big Island Alehouse, LLC, effective January 1, 2025, received
October 10, 2024, of its Restaurant General liquor license, Category 132;
and Dispenser General liquor license, Category B2, respectively; located
at the Coconut Grove Marketplace, 75-5815 and 75-5819 Ali`i Drive,
Kailua-Kona, Hawaii.
AND
b. Big Island Alehouse, LLC, dba Humpy's Big Island Alehouse,
Restaurant General liquor license, Category B2, located at the
Coconut Grove Marketplace, 75-5815 Ah'i Drive, Kailua-Kona, Hawaii;
and Kohola, LLC, dba Laverne's Sports Bar, Dispenser General liquor
license, Category B2, located at the Coconut Grove Marketplace,
75-5819 Ah'i Drive, Kailua-Kona, Hawaii, TMKs: 7-5-009:025; 027,
approve Consolidation of Big Island Alehouse, LLC, and Kohola, LLC's
liquor licenses into one liquor license and licensed premises, and a Change
in Tradename (DBA), from Humpy's Big Island Alehouse, to Laverne's.
Representing licensee: Doug Sobaski, Manager, and Tom Banks, Consultant
Nishimoto: Welcome, can you please state your name and relationship to the business?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 21 OF 50
Sobaski: Doug Sobaski, Manager.
Banks: And Tom Banks, Consultant.
Nishimoto: Can you please describe your business and explain the merger,
consolidation, and change in tradename?
Banks: So, Humpy's has been in business, we're going into our 15t" year. In 2010,
August, we opened, in 2011, we bought Guava Jelly, which was Mike Kashube,
God rests his soul, and at the time that was Lulu's. And then with the cooperation of
Coconut Grove, we built a bridge between the two restaurants, the skybridge between
the middle room, which we referred to it as the "middle room", the "band room", or
"DJ (disc jockey) room", and the upstairs of Humpy's, and when we did that, Director
Takase probably remembers sitting down with James, and I, gosh that was 11 years
ago, 12 years ago, in hopes of someday having one liquor license and so on and so
forth. Long story short, the owners that had Humpy's sold it to Arnold Arellano, the
Chef. I had met Arnold up in Anchorage, we trained up there and I came down and
opened Humpy's down here, and actually hired Doug, stole Doug from Lulu's to
manage Humpy's, because Doug has been there about 12 years now. And, since Chef
Arnold was able to purchase a little bit over a year and a half ago, finally have our ducks
in a row in order to apply to combine the two companies into one, the surviving LLC
(Limited Liability Company) would be Big Island Alehouse, Kohola is the LLC (Limited
Liability Company) that will go by the wayside, Kohola replaced Guava Jelly from Kash.
Our goal is to obviously just deal with one set of books on the bookkeeping end, it's
a lot easier, let's deal with one liquor license and eliminate the confusion with the
distributors, so on and so forth, and then eliminate the need for security on the bridge
because people can't cross the bridge with booze from one side to the other. So, that's
our main goal, and you know just have one blue card holder responsible for both sides
even though we have numerous blue card holders in place, just kind of going to be
easier for bookkeeping and keeping track of business.
Nishimoto: So, it's going to be known as Laverne's now, no Humpy's?
Banks: It's going to be called Laverne's. Humpy's will be gone, so we might refer to
one side as Big Island Alehouse at Laverne's, and one side as Sports Bar and Grill at
Laverne's, right? So, but our DBA (doing business as) will be Laverne's, and that will
be the primary marker on all signage.
Nishimoto: Okay, so it's simplifying everything hopefully.
Banks: Well yes, we hope so.
Nishimoto: Have you received the report?
Banks: Yes.
Nishimoto: Okay, and are there any changes to the report?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 22 OF 50
Banks: No, everything checked out.
Nishimoto: Okay, and all of that was explained.
Banks: Yes.
Nishimoto: Commissioners, any discussion or questions?
Ventura: I have a question? Do you have plans to downsize accounting staff and
admin (administrative) staff because of the merger?
Banks: No, I think we might lose one security guy late night not having to man the
bridge, but we still hope to grow and do more business, you know it's a struggle right
now as Doug can attest to, finding people and keeping people. I also own a restaurant
downtown on Ali`i Drive myself, and we're constantly struggling with battling the resorts
you know staff wise, they just kind of end up migrating to the resorts eventually, so we
get the newcomers to the island, and then they end up at the resorts. So, we don't
intend to downsize at all. The Arellano family, it's a family operation, the office manager
is a daughter-in-law, two of the other managers are sons or daughters-in-law, Chef
Arnold's wife is part owner, she's also a manager there. Doug and I are kind of the
only outsiders, but we're fine with that.
Takase: Are they both open until the same time?
Sobaski: We'll stay open until 2:00 a.m. if the business is there, as of now we got the
late -night foods back, so they're doing food service from 10:00 p.m. to midnight.
Takase: So, you're going to serve food on both sides until 2:00 a.m.?
Banks: Yes.
Sobaski: But generally, Laverne's has been staying open later because that's
generally where the entertainment's been, but Humpy's has been basically restaurant
until midnight, and if it's busy enough, people are talking story having fun, we'll stay
open, but we're not going to stay open just for the sake of staying open because we
have next door that's still available to get food and entertainment.
Banks: We consolidated the kitchens back in 2015, and we just got late night food
back two months ago because it never really came back after COVID (coronavirus
disease) because we weren't able to procure enough staff, and we finally got to the
point where we could, and we're happy to do so, and people are happy to get off the
boats and have a place to eat, or one of those late flights, so.
Nishimoto: So, you said you consolidated the kitchen, is it on the Humpy's side?
Banks: We've been using the Humpy's kitchen and serving that menu on both sides.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 23 OF 50
Nishimoto: Okay, and so its employees that use the bridge?
Banks: And patrons, but they couldn't walk over with their beverages one way or the
other, but they could certainly finish their beer at the upstairs at Humpy's and cross the
bridge.
Nishimoto: Okay.
Banks: And we also utilize the restrooms at the Laverne's side for the upstairs folks at
Humpy's, rather than having them have to go downstairs to use the restrooms.
Nishimoto: So, taking away the security by the bridge is only because of not being
able to transport the liquor back and forth?
Banks: Correct.
Nishimoto: But, it will still be open for patrons?
Banks: Yes.
Nishimoto: Got it. Any other questions?
Takase: So, you know that middle room, what was it, the lobster lounge?
Banks: Lobster lounge is what Kash called it, yeah.
Takase: Is that regularly in use?
Sobaski: Gently two days out of the week, if we have a reason to use it.
Takase: So mostly at night? Dancing and stuff?
Sobaski: We're open for people to book it, and stuff like that, but right now, it's the
Friday, Saturday to open on those ones.
Banks: Sometimes we get a bigger band from the mainland that might warrant us
having a band in there, and you know a lot of Filipino one -year -old birthday parties,
we have them in there.
Takase: And more so now, I guess.
Espejo: Got a question, your special conditions here, it says trying to keep the
maximum decibel level at 96, that's almost impossible.
Sobaski: It's tough.
Espejo: How do you get around that?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 24 OF 50
Sobaski: Right now, so the DJ (disc jockey) is aware of what he's pumping out, we
have a digital decibel reader that's on the makai wall of that middle room to where he
can see, you know what he is pounding at. I also run around with an application on my
phone that tells the boys at night when they come out and they're checking on us, if
they have their microphone, they'll awesomely let me set my phone app (application) to
what their level is, and we also try to also keep just a standard decibel reader onsite to
move around, but it's been a big help having the big one on the dancefloor to where the
DJ (disc jockey) can see it. But if we were to take a decibel reading in here right now,
it's going to be higher than what we think it is, you know. So, 96 is a tough one to deal
with but we work really hard with the guys when they're out at night, you know that they
say hey we're getting a complaint. We go through, we'll turn it down and we really try to
work with the LC's (Liquor Control Investigators) when they come out. They'll say,
"Hey, we have a problem." Okay, how can we help you? But it comes in waves for
sound complaints, and a lot of times it will be you know the hotel just for whatever the
reason, the wind's blowing the right way, there's calm ocean, they can hear the music
from the hotel. But on those nights, if they come up and say something, we just turn it
down.
Espejo: It's not even the noise sometimes, if you get the big Filipino parties there,
those things are loud.
Banks: Karaoke yeah, they're singing having a good time.
Espejo: So, that's hard next to the hotel, so good luck on that.
Takase: So, it was really the previous owners that when they first came into being, we
had a lot of back and forth with the residents and the hotel over there. So, the solution
we came up with really doesn't even meet with the decibel readings in our rules, but we
felt that was at least better for them, and so we gave all of them decibel readings on the
dance floor and in front of the stage because if not, they would have to meet the 50 and
they would never make it. So, it was kind of a compromise, it was kind of a major
undertaking, we had people stationed in their place with them playing, we brought the
hotels and the residences, and that's kind of the numbers they came up with and
everybody could live with. And, in my mind it worked pretty well because we haven't
had complaints come back to us from them for about 15 years now, but if you guys want
to revisit it one day?
Banks: I get from what I understand when it was Lulu's and Dirty Jake's downstairs,
was when it was, and Ocean's had just opened, but they never felt like they were the
culprit, they felt more like it was the people in the building in the front, which makes
sense, it's closest to the hotel, right?
Takase: Yeah, Dirty Jake's too, and it was hard to isolate everybody, but even Huggo's
on the Rocks is still stuck with those decibel readings. But I'll say to you guys credits,
you guys have maintained it, and you know we've not had complaints about it.
Nishimoto: Boy, I guess it also depends which way the wind is blowing, yeah?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 25 OF 50
Takase: It does.
Nishimoto: Because if it's coming down, then it goes straight to the hotels, yeah?
Takase: Kind of off to the side, so I think their complaints are more from Huggo's.
Nishimoto: Because that's closer, yeah?
Takase: You know, because if I stand in front of the places I can hear it, but if I move
off to the side, I can barely hear it, so.
Nishimoto: Is there any decibel reading that is applied to the zone of being a resort
and hotel area?
Takase: Yes, so you know on the Department of Health books and the rule adopted,
it's 50to55.
Nishimoto: So, that's like half of that.
Takase: Yes, that's why we kind of fashioned this remedy for everybody, it's only on
their licenses that this exists, so if you ask me, I'm not really implying to go back to it.
But I guess if you guys want it to be revisited, we can but you got to roll the dice.
Nishimoto: Yeah, you take your chances with that, yeah?
Sobaski: It hasn't hampered us in any way I think, you know if anything it's just
something to keep us in check. You know, it also gets dampened the more people we
have inside, more bodies absorb the sound. It was always put on the license because
Mike was a bonehead when he'd get his fines, but I don't see it as a bad thing to have,
just know we strive to make sure people are having fun but also not to tick off the
neighbors.
Nishimoto: Right, so somehow it's working so, okay thank you. Any other questions or
discussion?
There was no further discussion by Commissioners.
Nishimoto: If not, may I have a motion to approve or deny merger of Kohola LLC
(Limited Liability Company) with Big Island Alehouse, LLC (Limited Liability Company),
consolidation of liquor licenses, and change in tradename to Laverne's, may I have a
motion to approve or deny?
Okabe: Motion to approve said merger.
Espejo: Second.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 26 OF 50
Commissioner Okabe moved to approve the merger of Kohola, LLC,
with and into Big Island Alehouse, LLC, with the surviving entity being
Big Island Alehouse, LLC, effective January 1, 2025, received October 10,
2024, of its Restaurant General liquor license, Category 132; and Dispenser
General liquor license, Category B2, respectively; AND approve the Big
Island Alehouse, LLC, dba Humpy's Big Island Alehouse, Restaurant
General liquor license, Category B2, located at the Coconut Grove
Marketplace, 75-5815 Ali`i Drive, Kailua-Kona, Hawaii, and Kohola, LLC,
dba Laverne's Sports Bar, Dispenser General liquor license, Category B2,
located at the Coconut Grove Marketplace, 75-5819 Ali`i Drive, Kailua-Kona,
Hawaii, TMKs: 7-5-009:025; 027; for Consolidation of Big Island Alehouse,
LLC, and Kohola, LLC's liquor licenses into one liquor license and licensed
premises, and Change in Tradename (DBA), from Humpy's Big Island
Alehouse, to Laverne's; Seconded by Commissioner Espejo.
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: We have approved the merger of Kohola, LLC (Limited Liability Company),
with Big Island Alehouse, LLC (Limited Liability Company), and the consolidation of the
liquor licenses and change in tradename.
The motion was carried unanimously.
Banks: That's crazy, thank you very much. And I'd like to thank Stacie for getting us
through the confusion of it all, she's awesome.
ITEM ALREADY TAKEN OUT OF ORDER
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 27 OF 50
d. Big Island Distillers Inc., dba 12th Hawaii Distiller (CRAFT-924-A),
dba 12th Hawaii Distiller (CRAFT-924-B), approve Change in Officers
(10:43 AM) and Application for Transfer of Stock as follows:
• Appointment of Kyri Van Hoose, as Board Member;
effective July 20, 2024, by form received October 22, 2024;
• 9.4% Stock Transfer to Kyri Van Hoose, Board Member,
effective July 20, 2024, by form received October 15, 2024;
• Personal History and Affidavit for Kyri Van Hoose, Board Member;
of its Small Craft Producer Pub liquor license, Category A, located at the
Ka`ahumanu Plaza, 74-5467 Kaiwi Street, Building 1, Bay #4 & Bay #5,
Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to approve?
Okabe: Motion to approve.
Nishimoto: May I have a second?
Taniguchi: Second.
Commissioner Okabe moved to approve the Change in Officers
and Application for Transfer of Stock as follows: Appointment
of Kyri Van Hoose, as Board Member; effective July 20, 2024, by
form received October 22, 2024; 9.4% Stock Transfer to Kyri Van
Hoose, Board Member, effective July 20, 20249 by form received
October 15, 2024; Personal History and Affidavit for Kyri Van
Hoose, Board Member; of its Small Craft Producer Pub liquor
license, Category A, located at the Ka`ahumanu Plaza, 74-5467
Kaiwi Street, Building 1, Bay #4 & Bay #5, Kailua-Kona, Hawaii;
Seconded by Commissioner Taniguchi.
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.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 28 OF 50
e. The Elevation Wine Fund, LP, dba The Elevation Wine Fund, LP,
approve Change in Partners, with the removal of David Sabin, and William
(10:43 AM) Rue, Partners, effective July 1, 2024, by form received November 7, 2024;
of its Wholesale General liquor license, located at 74-5483 Kaiwi Street,
Unit 1506, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to approve?
Okabe: Motion to approve.
Nishimoto: May I have a second?
Greenwell: Second, Greenwell.
Commissioner Okabe moved to approve the Change in Partners,
with the removal of David Sabin, and William Rue, Partners, effective
July 1, 20249 by form received November 7, 2024; of its Wholesale
General liquor license, located at 74-5483 Kaiwi Street, Unit 1506,
Kailua-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.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 29 OF 50
f. Aunty Yong's Place, LLC, dba Aunty Yong's Place, approve Change in
Members and Application for Transfer of Membership Interest as follows:
(10:44 AM)
• Removal of Yong Shimabukuro, Member, and the appointment
of Haugesund Heggland, as Member;
• 100% Transfer of Membership Interest to Haugesund Heggland,
Member;
• Personal History and Affidavit for Haugesund Heggland, Member;
effective December 5, 2024) by forms received November 25, 2024; of
its Dispenser General liquor license, Category B2 and D, located at the
Kukuau Plaza, 688 Kino`ole Street, Unit 128, Hilo, Hawaii.
Nishimoto: May I please have a motion to approve?
Okabe: Motion to approve.
Taniguchi: Second.
Commissioner Okabe moved to approve the Change in Members and
Application for Transfer of Membership Interest as follows: Removal
of Yong Shimabukuro, Member, and the appointment of Haugesund
Heggland, as Member; 100% Transfer of Membership Interest to
Haugesund Heggland, Member; Personal History and Affidavit for
Haugesund Heggland, Member; effective December 5, 2024, by forms
received November 25, 2024; of its Dispenser General liquor license,
Category 132 and D, located at the Kukuau Plaza, 688 Kino`ole Street,
Unit 128, Hilo, Hawaii; Seconded by Commissioner Taniguchi.
Nishimoto: Any discussion on the motion?
There was no discussion by Commissioners.
Nishimoto: Is she retiring?
Takase: It's kind of her retirement plan, so this guy Heggland is actually Peggy's
stepson, so he's going to take over. I just saw Aunty Yong, she's going to be trying
to withdraw slowly but she'll be there for the next couple of months she says.
Nishimoto: 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 & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 30 OF 50
There was no opposition by Commissioners.
The motion was carried unanimously.
g. O&J LLC, dba Johnny's at Waikoloa Village, approve Change in
Members and Application for Transfer of Membership Interest as follows:
(10:47 AM)
• Appointment of Keith Pajinag, as Member;
• 30% Transfer of Membership Interest to Keith Pajinag, Member;
• Personal History and Affidavit for Keith Pajinag, Member;
effective October 3, 2024) by forms received November 19, 2024; of its
Restaurant General liquor license, Category B2, located at 68-1790 Melia
Street, Waikoloa, Hawaii.
Nishimoto: May I have a motion to approve?
Okabe: Motion to approve.
Greenwell: Greenwell, I second.
Commissioner Okabe moved to approve the Change in Members
and Application for Transfer of Membership Interest as follows:
Appointment of Keith Pajinag, as Member; 30% Transfer of
Membership Interest to Keith Pajinag, Member; Personal History
and Affidavit for Keith Pajinag, Member; effective October 3, 2024,
by forms received November 19, 2024; of its Restaurant General
liquor license, Category 132, located at 68-1790 Melia Street,
Waikoloa, 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.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 31 OF 50
h. Outrigger Kona Resort LLC, dba Outrigger Kona Resort and Spa,
approve Change in Officers as follows:
(10:47 AM)
• Removal of Avery Aoki, Executive Vice President; and the appointment
of Crystall Ho, as Executive Vice President; effective November 1, 2024,
by form received November 21, 2024;
• Personal History and Affidavit for Crystall Ho, Executive Vice President;
of its Hotel liquor license, located at 78-128 Ehukai Street, Kailua-Kona,
Hawaii.
Nishimoto: May I have a motion to approve?
Okabe: Motion to approve.
Nishimoto: May I have a second?
Taniguchi: Second.
Commissioner Okabe moved to approve the Change in Officers
as follows: Removal of Avery Aoki, Executive Vice President;
and the appointment of Crystall Ho, as Executive Vice President;
effective November 1, 2024, by form received November 21, 2024;
Personal History and Affidavit for Crystall Ho, Executive Vice President;
of its Hotel liquor license, located at 78-128 Ehukai Street, Kailua-Kona,
Hawaii; Seconded by Commissioner Taniguchi.
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.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 32 OF 50
i. Yummy Pineapple Beer Co. LLC, dba Bianellis Pizza, approve
Change in Members and Application for Transfer of Membership Interest
as follows:
(10:48 AM)
• Appointment of Candace Dews, as Member;
• 50% Transfer of Membership Interest to Candace Dews, Member;
• Personal History and Affidavit for Candace Dews, Member;
effective June 21, 2024) by forms received November 26, 2024; of its
Restaurant General liquor license, Category B2, located at 78-6831 Ali`i
Drive, Suite B106, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to approve?
Greenwell: Greenwell, make the motion to approve.
Nishimoto: Thank you, may I have a second?
Taniguchi: Second.
Commissioner Greenwell moved to approve the Change in Members
and Application for Transfer of Membership Interest as follows:
Appointment of Candace Dews, as Member; 50% Transfer of Membership
Interest to Candace Dews, Member; Personal History and Affidavit for
Candace Dews, Member; effective June 21, 2024, by forms received
November 26, 2024; of its Restaurant General liquor license, Category
B2, located at 78-6831 Ali`i Drive, Suite B106, Kailua-Kona, Hawaii;
Seconded by Commissioner Taniguchi.
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.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 33 OF 50
2. Request to Extend the Time for Issuance of License Submitted for Approval
a. MamaMaria L.L.C., dba Gill's Lanai, RE: Application No. 23-05,
approve request to extend the time issuance of the liquor license for good
(10:48 AM) cause shown, for an additional 12 months from January 4, 2025, to and
including January 4, 2026, by letter received November 1, 2024, of its
Restaurant General liquor license, Category B1, located at 54-3866 Akoni
Pule Highway, Kapa`au, 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.
Nishimoto: May I have a motion to approve with good cause?
Greenwell: Ms. Chair, I'll make a motion for the extension be granted based on their
problems and issues that have not been resolved from their original inspection.
Nishimoto: May I have a second?
Taniguchi: Second.
Commissioner Greenwell moved to approve the request to extend
the time issuance of the liquor license for good cause shown, for
an additional 12 months from January 4, 2025, to and including
January 4, 2026, by letter received November 1, 2024, of its
Restaurant General liquor license, Category 131, located at
54-3866 Akoni Pule Highway, Kapa`au, Hawaii; Seconded
by Commissioner Taniguchi.
Nishimoto: Any discussion of the motion?
Taniguchi: I just had a question you know on this one here because it says that they
received like a whole laundry list of stuff, is that something that was unforeseen kind
stuff?
Takase: Yes, it's kind of an interesting property, because they have like a, I'm
assuming it was a house before, and it's kind of up on a hill, they have a place down
right by the road, and they have constructed kind of walkways and patios from the upper
place to the lower place. So, not extensive construction but it took some grueling to get
it all done so, I can see how they were having some problems with Public Works getting
it all approved. We were out there I don't know how long ago, the walkways and the
outside things were all completed, they were just working on the interior portions of the
main house the last time. But, what they did on the outside looked actually very good
so I'm kind of hopeful they will follow through with the rest of it as well. Right now,
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 34 OF 50
they're really operating just out of what might have been a garage or something down
below along the roadway.
Taniguchi: They probably got approval for the permit and all that already?
Takase: Yes, so they have a building permit, I think they got Health and Fire all
approved, so they're just in this Public Works cue.
Greenwell: But reading the letter, it doesn't look like it's a Public Works problem, it's
their problem because they need to get things up to speed.
Takase: Yes, they got to finish.
Taniguchi: That's the thing that's frustrating. I'm just curious.
Nishimoto: And they're expecting it to be done by March 2025, but then they asked for
a year just to be sure. Okay, 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.
The motion was carried unanimously.
b. Grand 88, LLC, dba Jade Palace, RE: Application No. 23-08, approve
request to extend the time issuance of the liquor license for good cause
(10: 52 AM) shown, for an additional 12 months from January 4, 2025, to and including
January 4, 2026, by email received November 26, 2024, of its Restaurant
General liquor license, Category A, located at the Lanihau Center,
75-5595 Palani Road, #A9, Kailua-Kona, Hawaii.
Passage requires finding of good cause pursuant to Rule 4-2(M) of
the Rules and Regulations of the Liquor Commission of the County
of Hawaii. If the Commission finds good cause, state what that
good cause is when making the motion.
Nishimoto: May I have a motion to approve with good cause?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 35 OF 50
Greenwell: Ms. Chair, the extension be granted based on the fact that they cannot get
DPW's (Department of Public Works) building reviewers to schedule and approve
inspections. Again, here we are with DPW's (Department of Public Works) Building
holding these people up from progressing, and I think the extension needs to be granted
because it's not their fault.
Nishimoto: Thank you, may I have a second?
Taniguchi: Second.
Commissioner Greenwell moved to approve the request to extend
the time issuance of the liquor license for good cause shown, for an
additional 12 months from January 4, 2025, to and including January
49 2026, by email received November 26, 2024, of its Restaurant
General liquor license, Category A, located at the Lanihau Center,
75-5595 Palani Road, #A9, Kailua-Kona, Hawaii; Seconded by
Commissioner Taniguchi.
Nishimoto: Any discussion of the motion?
Taniguchi: Yes, so what is the correct documents?
Takase: They got to turn in their plans, but really it sounds like everything is in now,
they're just waiting to get an inspection.
Taniguchi: The second paragraph no make sense, yeah?
Greenwell: Yes, I was reading that also, you're right.
Taniguchi: Because this one, it seems like he's going to take up the six months, but
then getting the correct document, so they never provide the correct document?
Takase: Well, you submit stuff and then you keep your fingers crossed that it's all you
need.
Taniguchi: But that is really frustrating, you know that kind stuff.
Takase: We blame our Public Works Department, but everybody is having the same
problem. Honolulu I remember from the State Conference, they talked about it, they
give a special license for profit, I think it's called. So, that's kind of their way of getting
around this bottleneck there.
Taniguchi: So, this is the restaurant in that shopping center? Lanihau?
Waltjen: So, they're currently open, they're operating, they're just waiting to get their
I iq uor I icense.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 36 OF 50
Nishimoto: Any other questions, 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.
The motion was carried unanimously.
3. Permits Issued for Ratification (10:55 AM)
a. Big Island Restaurant Group, LLC, dba Jackie Rey's O'hana Grill
Kona, ratify Application for Increase in Licensed Premises and Alteration
Permit, to remove interior wall and increase dining room space, approved
by Director Gerald Takase on November 1, 2024, of its Restaurant
General liquor license, Category B2, located at the Pottery Terrace,
75-5995 Kuakini Highway, Suite L, Kailua-Kona, Hawaii .
b. Pahoa Productions LLC, dba Kaleo's Orchidland, ratify Application
for Alteration Permit, for additional dining area 11 ft. X 21 ft., approved by
Director Gerald Takase on November 6, 2024; of its Restaurant General
liquor license, Category B2, located at 16-110 Orchidland Drive, Kea`au,
Hawaii.
C. David Pearson, ratify Application for Individual Importation of Liquor
Permit, for shipment of liquor as part of household goods; approved by
Director Gerald Takase on November 25, 2024, shipped to 62-100 Mauna
Kea Beach Drive, Kamuela, Hawaii.
d. Sally Pearson, ratify Application for Individual Importation of Liquor
Permit, for shipment of liquor as part of household goods; approved by
Director Gerald Takase on November 25, 2024, shipped to 62-100 Mauna
Kea Beach Drive, Kamuela, Hawaii.
e. Christopher Camero Memorial VFW Post 12122, dba VFW Post 12122,
ratify Application for Game Permits, for an event on December 12, 2024;
and for events from December 1-31, 2024; approved by Director Gerald
Takase on November 27, 2024, of its Special General liquor license,
located at 74-5543 Kaiwi Street, Suite 3-Al85a and 3-Al85b,
Kailua-Kona, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 37 OF 50
f. Alexia Akbay, CEO, Symbrosia Inc., ratify Application for Alcohol
Purchase Permit, for Ethal Alcohol and Ethanol for DNA extraction
and laboratory use from Millipore Sigma / Sigma Aldrich, approved
by Director Gerald Takase on November 27, 2024, located at 73-4460
Queen Ka`ahumanu Highway, Suite 111, Kailua-Kona, Hawaii.
Nishimoto: May I have a motion to ratify?
Taniguchi: Move to ratify.
Nishimoto: May I have a second?
Greenwell: Second.
Commissioner Taniguchi moved to ratify Permits Issued
for Ratification, Item Nos. 3(a) through 3(f), as stated in
the agenda; Seconded by Commissioner Greenwell.
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 please say "Nay."
There was no opposition by Commissioners.
The motion was carried unanimously.
4. Temporary Increase in Licensed Premises Issued for Ratification
(10: 56 AM) a. The Kona Coffee & Tea Company, Inc., dba Kona Coffee & Tea
Company, ratify Application for Temporary Increase in Licensed Premises,
for an event on December 13, 2024, approved by Director Gerald Takase
on November 25, 2024, of its Restaurant Beer and Wine, Category B2, and
Retail Beer and Wine liquor licenses, located at the Kona Coast Shopping
Center, 74-5588 Palani Road, Kailua-Kona, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 38 OF 50
b. Island Hopper Pahoa LLC, dba Island Hopper Taproom, ratify Application
for Temporary Increase in Licensed Premises, for an event on December 7,
2024, approved by Director Gerald Takase on October 23, 2024, of its
Restaurant General liquor license, Category B1, located at The Shops at
Mauna Lani, 68-1330 Mauna Lani Drive, Suite 108, Kamuela, Hawaii.
C. Kuleana Spirits, Inc., dba Kuleana Rum Shack, ratify Application for
Temporary Increase in Licensed Premises, for an event on November 12,
2024, approved by Director Gerald Takase on November 8, 2024, of its
Small Craft Producer Pub liquor license, Category B1, located at the
Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6
and H7, Waikoloa, Hawaii.
Nishimoto: May I have a motion to ratify?
Okabe: So moved to ratify.
Nishimoto: May I have a second?
Taniguchi: Second.
Commissioner Okabe moved to ratify Temporary
Increase in Licensed Premises Issued for Ratification,
Item Nos. 4(a) through 4(c), as stated in the agenda;
Seconded by Commissioner Taniguchi.
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.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 39 OF 50
5. Special Licenses Issued for Ratification (10:57 AM)
a. License No. SP-24-079, The Kohanaiki Foundation, dba
The Kohanaiki Foundation, for a Special General liquor license,
for an online auction on November 1-3, 2024.
b. License No. SP-24-080, Kahilu Theatre Foundation, dba Kahilu
Theatre Foundation, for a Special Beer and Wine liquor license, for
events on November 1-3, 8-97 13, 22, 23, 2024, held at 67-1186 Lindsey
Road, Kamuela, Hawaii.
C. License No. SP-24-081, Volcano Art Center, dba Volcano Art
Center, for a Special Beer and Wine liquor license, for an event on
November 9, 2024, held at 19-4074 Old Volcano Road, Volcano, Hawaii.
d. License No. SP-24-082, Japanese Chamber of Commerce & Industry
of Hawaii, dba Japanese Chamber of Commerce & Industry of Hawaii,
for a Special Beer and Wine liquor license, for an event on November 15,
2024, held at the Kings' Shops, 69-250 Waikoloa Beach Drive, Waikoloa,
Hawaii.
e. License No. SP-24-083, 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 November 16, 2024, held at 38 Haili Street, Hilo,
Hawaii.
f. License No. SP-24-084, Alexander & Duke De Rego Foundation,
dba Alexander & Duke De Rego Foundation, for a Special Beer
and Wine liquor license, for an event on December 6, 2024, held at
64-783 Paeli Alanui, Kamuela, Hawaii.
g. License No. SP-24-085, 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 December 6, 2024)
held at the Nani Mau Gardens, 421 Makalika Street, Hilo, Hawaii.
h. License No. SP-24-086, Kona Elks Club, dba Kona Elks Club, for a
Special General liquor license, for events from December 1-31, 2024,
held at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii.
i. License No. SP-24-087, Kahilu Theatre Foundation, dba Kahilu
Theatre Foundation, for a Special Beer and Wine liquor license, for
events on December 1, 77 15, & 21, 2024, held at67-1186 Lindsey Road,
Kamuela, Hawaii.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 40 OF 50
j. License No. SP-24-088, Fraternal Order of Eagles, dba Fraternal
Order of Eagles, for a Special Beer and Wine liquor license, for events
on November 29 & 30; December 6, 7, 13, 14, 20, 21, 27, 28, & 31, 2024)
held at 16-111 `Opukaha`ia Street, Kea`au, Hawaii.
k. License No. SP-24-089, Hamakua Youth Foundation, dba Hamakua
Youth Foundation, for a Special General liquor license, for November 30-
December 8, 2024, held at45-3396 Mamane Street, Honoka`a, Hawaii.
Nishimoto: May I have a motion to ratify?
Taniguchi: Move to ratify.
Okabe: Second.
Commissioner Taniguchi moved to ratify Special Licenses
Issued for Ratification, Item Nos. 5(a) through 5(k), License Nos.
SP-24-079 through SP-24-089, as stated in the agenda; Seconded
by Commissioner Okabe.
Nishimoto: Thank you, 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.
The motion was carried unanimously.
6. Transient Vessel Licenses Issued for Ratification (10:58 AM)
a. License No. TV-24-023, Intercruises as agents for ROW Management
Ltd, dba The World, for a Transient Vessel liquor license, in port at Kona
Harbor, Kailua-Kona, Hawaii, on December 6, 2024.
b. License No. TV-24-024, Intercruises as agents for ROW Management
Ltd, dba The World, for a Transient Vessel liquor license, in port at Hilo
Harbor, Hilo, Hawaii, on December 7-8, 2024.
Nishimoto: May I have a motion to ratify?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 41 OF 50
Greenwell: Greenwell, ratify.
Espejo: Second.
Commissioner Greenwell moved to ratify Transient Vessel
Licenses Issued for Ratification, Item Nos. 6(a) and 6(b),
License Nos. TV-24-023 through TV-24-024, as stated in
the agenda; Seconded by Commissioner Espejo.
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.
The motion was carried unanimously.
7. Report to Commission of the National Liquor Law Enforcement
Association (NLLEA) 2024 Annual Meeting (10:58AM)
Takase: Thanks to Brandon and Stacie for putting together this report.
Greenwell: That was an extensive report, isn't it?
Takase: This NLLEA (National Liquor Law Enforcement Association) is actually a very kind of
more hands-on conference, so it was good for them. The opening speaker was this guy who
was a pilot for Marine One, which is the President's helicopter, but I don't know how he
became the point person in the emergency center during 9-11. Anyway, he was there and he
reported on it, we don't know how accurate it was but it was a very interesting tale about
events that took place and how there was a lot of chaos but they worked through it so, I guess
I'll say the system works. If nothing else, a very interesting discussion and dialogue, a lot of it
was focused on human trafficking with this conference. We have some semblance over here,
but nothing sounds like what they're facing in Florida. I guess they pull a lot of young girls out
of Latin America, and these cartels kind of kidnap them, bring them into the U.S. (United
States), and they'll hold the family's hostage. So, they put them into these bars and things to
work, and the way they talk about it, "You know, we brought you to the U.S. (United States) so
you owe us $60,000.00, and if you don't work it off, we're going after your family." That's kind
of the trafficking they're working on right now. It's a little hard because you know, one, they
take them away, but two, when they're here they make some money so it's not always a
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 42 OF 50
situation where they just want to get away. Suddenly, they're making money for their families,
so there's this conflict in there, and I think that's why law enforcement has a hard time cracking
down on it because they're not always willing to speak to the authorities when they come here,
and who knows what they have going. So, I think that's what they're pointing out that with
Hannah Kobayashi, that she might have been trafficked, well at least that's what the family is
thinking. So, I would say there's a lot more of it going on East Coast and in the south, but here
you know, we probably have some here with the Korean bars and stuff, but it's mostly much
older people, so I don't know if they have the same coercion factor here. So you know, we
don't see it although listening to them, the prices here are much higher for drinks and things.
Nishimoto: Are these girls are all underage or illegal age?
Takase: I don't think they're underage, some maybe, but there's not good documentation on
it, and when the authorities show up too, they're gone you know, so it's kind of a cat and
mouse game with them.
Nishimoto: Interesting.
Okabe: You know this report, do you give this to the Council Chair? Because it's only
addressed to Mitch Roth.
Takase: That was always the procedure.
Okabe: I used to get this before, but I just wanted to know.
Takase: Yes, so we provide it to the Mayor's office.
Okabe: I think we should so he knows what's going on.
Espejo: Do we have anything on the books with these mobile bars?
Takase: Yes, so they're starting to see more of that on the mainland, and we've had some
requests. By and large, we kind of deny them because we kind of for the same reasons, we
want them to have an established address so that when we send the investigators out, they
know where they are. So, they can't just drive around like the ice cream truck, sell drinks
wherever they go, but it's something that is becoming a lot more prevalent. You know, so
Idaho shared what they did with it, and I don't know if Idaho is the most forward moving place,
but they were the ones that came forward and explained how they're dealing with it. You
know, I think most of the jurisdictions are having the same problem right now, since COVID
(coronavirus disease).
Nishimoto: Any other questions, comments?
There was no further discussion by Commissioners.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 43 OF 50
8. Election of Chair and Vice Chair for 2025 (11:06 AM)
Taniguchi: I would like to make a nomination, a joint one, so Wil I would nominate him,
and then David as Vice Chair.
Nishimoto: On the floor right now is a nomination for Wil Okabe to be the Chair, and
for David Greenwell to serve as the Vice Chair.
Espejo: Second.
Commissioner Taniguchi moved to nominate Wil Okabe
as Chair, and David Greenwell as Vice Chair for 2025;
Seconded by Commissioner Espejo.
Nishimoto: Are there any other nominees?
There were no further nominees by Commissioners.
Nishimoto: Any discussion on the motion?
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: It's been approved that Wil Okabe will be the Chairman for 2025, and
David Greenwell will be the Vice Chair for 2025.
The motion was carried unanimously.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 44 OF 50
IX. Announcements (11: 10 AM)
Meetings of the Liquor Commission
December 5, 2024, 1:00 P.M., PUBLIC HEARING ON THE PROPOSED
AMENDMENTS TO THE RULES AND REGULATIONS, Kona Meeting
Room, Department of Liquor Control, 75-5706 Kuakini Highway, Suite 107,
Kailua-Kona, Hawaii.
January 9, 2025, 10:00 A.M., Hilo Meeting Room, Department of Liquor
Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii.
February 6, 2025, 10:00 A.M., Kona Meeting Room, Department of Liquor
Control, 75-5706 Kuakini Highway, Suite 107, Kailua-Kona, Hawaii.
RECESSED AT 11:11 A.M.
RECONVENED AT 1:00 P.M.
PUBLIC HEARING NOTICE
PROPOSED AMENDMENTS TO RULES AND REGULATIONS
LIQUOR COMMISSION OF THE COUNTY OF HAWAI`I
Pursuant to Chapter 91, Hawai `i Revised Statutes, the County of Hawai `i Liquor Commission
will hold public hearings regarding proposed amendments to its Rules and Regulations.
Public hearings to be held on:
Thursday, November 7, 2024
1:00 P.M.
Kilo Liquor Control Conference Room
101 Aupuni Street, Unit 230
Kilo, Hawai `i
Thursday, December 5, 2024
1:00 P.M.
Kona Liquor Control Conference Room
75-5706 Kuakini Highway, Suite 107
Kailua-Kona, Hawaii
To accept public testimony on the proposed amendments. Written testimony must be received
no later than December 2, 2024, and may be mailed or delivered to the Department of Liquor
Control, 101 Aupuni Street, Unit 230, Kilo, ICI 96720; sent by fax to (808) 961-8684; or emailed
to cohdlckhawaiicounty.oovv. All testimony will be included in the record of the hearing.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 45 OF 50
The significant changes are summarized as follows:
RULE 1-1 Definition of "Growler."
Definition of "Written" or "Writing" to include electronic format.
RULE 1-5 Allow quorum at electronic meeting.
*Do we need to say "properly noticed."
RULE 1-11(B) Add changes to County of Hawaii.
*Add Island of Hawaii reference.
RULE 3-1 (B) Manufacturing — delete amendment — redundant.
Changes to higher class treated like a new license; lower class can be done
without public notice.
Restaurant licenses can be issued immediately with a pledge to meet 30%.
May sell to -go liquor.
(E) Class 4 Retail Dealer —curbside delivery will be permitted.
(K) Class 10 Special —increase the amount of liquor which:
Non -profits may offer at auction.
Define documents needed to accompany an application.
Delete fee structure for special licenses.
(M) Class 12 Hotels —delete room requirements for class.
Authorize the sale of growlers not to exceed capacity of one half -gallon.
(0) Class 14 Brewpub —amend size of growlers.
May open secondary locations.
Minors may accompany parents/legal guardians onto premises.
May provide catering operations of food and alcohol.
May sell to -go liquor with meal service.
(Q) Class 16 Winery —magnum does not need to be a glass container.
Allow catering.
May sell to -go liquor with meal service.
(R) Class 18 Small Craft Producer —increase production of malt beverage to
70,000.
Include wine in production.
Include growler size to one gallon.
May open secondary locations.
Allow minors to accompany parents/legal guardians.
May provide catering operations of food and alcohol.
May sell to -go liquor with meal service.
RULE 3-3 Basic Fees — eliminate fees for special.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 46 OF 50
RULE 3-7 Direct Shipment of wine by wineries — add report of who shipped to.
RULE 3-8 Fours of Business — allow manufacturers/wholesalers — 24 hours open.
RULE 4-2 License Application/Transfer —eliminate need for IRS tax clearance.
(I)- Additions/Withdrawals —allow 90 days to notify Commission of changes.
(M) —Approval and Issuance —allow extension for 12 months.
RULE 4-3 Temporary — Amend original within 45 days requirements — does not have to
apply for same class, kind and category as previous licensee.
RULE 4-6 Corporations/Partnerships/LLC
*LLC — should make generic to recognize any type of business.
Include language regarding transfer of Membership Interest.
Remove fit and proper reference.
Allow 90 days to notify Commission of changes.
RULE 4-7 Renewals — eliminate IRS requirement.
Amended submission date to June 15th of each year
RULE 4-8 Reduction/Increase — extend to 12 permits.
RULE 5-1 Employee Records — eliminate SSN requirement.
RULE 5-6 Stacking of Liquor — increase size to 32 ounces for beer.
RULE 5-8 Premises — eliminate Department of Health approval re restrooms.
RULE 5-10 Possession of Liquor Laws — add electronic or digital copy as acceptable.
RULE 6-1 (D) Minors in Licensed Premises —amended wording to: person in active charge
of the premises
RULE 6-2 Drive -In Retail Sales — permitted.
The rule amendments being adopted herein do not affect any identified Native Hawaiian
traditional and customary practices. Furthermore, if there are any adverse effects to any identified
Native Hawaiian traditional and customary practices such affects are minimal and, when balanced
with the State's/County's regulatory right, is overwhelmingly outweighed by the State's/County's
interest in regulating the manufacture, importation, sale, and consumption of intoxicating liquors
in the County of Hawaii.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 47 OF 50
CALL TO ORDER
The Public Hearing was called to order by Chair Nishimoto at 1:00 P.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
Arthur Taniguchi, Commissioner
Melvin Ventura, Commissioner
Absent and Excused: Jennifer Wilkinson, Commissioner
Jennifer Yadao, Commissioner
Others Present: Gerald Takase, Director
Brandon Gonzalez, Administrative Officer
Ihna Kandatsu-Kang, Deputy Corporation Counsel
Stacie Waltjen, Licensing Officer
Hau`oli Sayles, Commission Secretary
Nishimoto: We have nobody here, is there anything that we want to discuss as a result
of last time in regard to what was said?
Takase: So, if there's nothing to bring up, I guess we're going to ask you folks to vote
on it today.
Nishimoto: And nothing was changed from before as a result of the last meeting, was
there any changes made?
Takase: No.
Nishimoto: Okay, so we're voting for it as is, as we received it, correct?
Takase: Yes.
Nishimoto: I need to have a motion to approve the Rules and Regulations of the
Liquor Commission?
Greenwell: It's goes into effect immediately, the 1st of the year?
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 48 OF 50
Takase: Basically, immediately. We got to have it signed, I got to send it to the County
Clerk, and he'll approve it, so the effective date won't be until the new year. But, if you
look at our old rules, they were in place for 10 years?
Nishimoto: May I have a motion to close the public hearing on the proposed amendments
to the Rules and Regulations, the most recent draft that has been published and circulated
and discussed at the two public hearings, November 7t", and December 5t" .
Taniguchi: So moved.
Greenwell: Second.
Commissioner Taniguchi moved to close the public hearing
of the proposed amendments to the Rules and Regulations
on November 7, and December 5, 2024; Seconded by
Commissioner Greenwell.
Nishimoto: Is there 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.
The motion was carried unanimously.
Nishimoto: May I have a motion to approve the proposed amendments to the Rules
and Regulations of the Liquor Commission?
Okabe: Motion to approve the new Rules and Regulations.
Nishimoto: May I have a second?
Taniguchi: Second.
Commissioner Okabe moved to approve the proposed
amendments to the Rules and Regulations of the Liquor
Commission of the County of Hawaii; Seconded by
Commissioner Taniguchi.
MINUTES - LIQUOR COMMISSION MEETING & PUBLIC HEARING - THURSDAY, DECEMBER 5, 2024 - KONA PAGE 49 OF 50
Nishimoto: Any discussion of the motion?
There was no discussion by
Alright, take I vote, all those I'' I "Aye. if
The Commissioners voted 1
•
• •All thoseopposed r ,
There was no opposition by Commissioners.
Meeting adjourned at s0 P.M.
&Geral Takasle
re I or
The December 5, 2024 meeting and public hearing minutes were approved as circulated, via
amail on January 7, 2025,j by the Liquor Commission of the County of Hawaii on January 9, 2025.
•'UBLIC HEARING - THURSDAY DECEMBER 4 PAGE 50 OF 50