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HomeMy WebLinkAbout2026-06-04 Liquor Commission Minutes KonaCOUNTY OF HAWAI`I DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION MEETING MINUTES —JUNE4, 2026 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 Yadao 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: Jennifer Yadao, Chair Wil Okabe, Vice Chair Steve Morifuji, Commissioner Gene Nakashima, Commissioner Laurisa Nishimoto, Commissioner Alan Okamoto, Commissioner Arthur Taniguchi, Commissioner Melvin Ventura, Commissioner Absent and Excused: ZoeAnn Bertelmann, Licensing Officer Others Present: Stacie Waltjen, Director Brandon Gonzalez, Administrative Officer Kevin Soong, Deputy Corporation Counsel Hau`oli Sayles, Commission Secretary Yadao: Please silence your phones and devices, this meeting is being recorded, the microphones in the room do not amplify your voice but only record what is being said, so speak loud, clear and one at a time so the recording is understandable. We will now do the roll call, please say present when your name is called. Sayles: Vice Chair Okabe. Okabe: Present. Sayles: Commissioner Morifuji. Morifuji: Present. Sayles: Commissioner Nakashima. Nakashima: Present. Sayles: Commissioner Nishimoto. Nishimoto: Present. Sayles: Commissioner Okamoto. Okamoto: Present. Sayles: Commissioner Taniguchi. Taniguchi: Present. Sayles: Commissioner Ventura. Ventura: Present. Sayles: Chair Yadao. Yadao: Present. Sayles: Absent and excused today is Licensing Officer Zoe Bertelmann. Others present are Director Stacie Waltjen, Administrative Officer Brandon Gonzalez, Deputy Corporation Counsel Kevin Soong, and Commission Secretary Hau`oli Sayles. II. Approval of Minutes— May 7, 2026 (10:01AM) Yadao: The May 7, 2026, regular session minutes were circulated via email on May 28, 2026. Is there a motion to approve regular meeting minutes as circulated? Okabe: Move to approve. Yadao: Is there a second? Taniguchi: Second. Commissioner Okabe moved to approve the May 7, 2026, Liquor Commission meeting minutes as circulated; Seconded by Commissioner Taniguchi. Yadao: Any discussion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 2 OF 27 There was no discussion by Commissioners. Yadao: Is there any public testimony at this time? There was no public testimony. Yadao: Seeing none, all in favor please vote "Aye." The Commissioners voted "Aye." Yadao: Any opposed? There was no opposition by Commissioners. Yadao: Motion is carried. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda (10:01 AM) Yadao: There is no addendum or supplemental agenda at this time. IV. Public Statements on Agenda Items (10:01 AM) Yadao: Interested persons wishing to provide testimony on any agenda item may do so now or at the time the specific agenda item is called. Is there 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: TM K: LICENSE APPLIED FOR: T25-18 Kona Inn Restaurant, LLC Kona Inn Restaurant Kona Inn Shopping Village, 75-5744 Ali`i Drive, #135, Kailua-Kona, Hawaii 7-5-007:021 Sale and Transfer of the Restaurant General liquor license, Category B2, currently held by Wind & Sea Restaurant, Inc., dba Kona Inn Restaurant MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 3 OF 27 Representing applicant: Matthew Mather, Owner. Yadao: Good morning, please state your name and relationship to the business. Mather: Good morning, Matthew Mather, Co-owner. Yadao: If you could please describe your business. Mather: Kona Inn is a full restaurant with full bar serving steak, seafood, burgers, sandwiches, and such. We have live entertainment and everything else is the same. Yadao: Have you received the application report? Mather: Yes. Yadao: Are there any changes to the report? Mather: No. Yadao: Director, are there any reports of protests? Waltjen: Chair, this is a sale a transfer, notification was made by publication on May 16, 2026, we received no protest to this application. Yadao: Thank you. Is there any public testimony at this time? There was no public testimony. Yadao: Seeing none. Commission, is there any discussion or questions? Morifuji: I have one, maybe this is directed to the Administrative Officer, but are there any infractions or violations of the liquor law? Gonzalez: Thank you for that question, Commissioner Morifuji, there are none. Morifuji: Thank you. Taniguchi: So, how were you yesterday with the high waves, were you okay? Mather: The water was coming up over the wall actually bringing fish over but it doesn't quite make it up to our doorstep yet. Taniguchi: Just in grassy area? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 4 OF 27 Mather: Yeah, but it was coming quite far up, yeah we had to keep telling the tourists to get back because they would sit or go over the wall, and they'd sit there and see the waves coming, and we're yelling at them to get back, but no injuries. Taniguchi: Wow, that's good. Yadao: If no further discussion, is there a motion to close the public hearing? Taniguchi: Move to close public hearing. Nishimoto: Nishimoto, second. Commissioner Taniguchi moved to close the public hearing; Seconded by Commissioner Nishimoto. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. Yadao: Is there a motion to approve or deny Application No. T25-18, pending final inspection? Nishimoto: Commissioner Nishimoto, move to approve Application No. T25-18, pending final inspection. Ventura: Second. Commissioner Nishimoto moved to approve Application No. T25-18, Kona Inn Restaurant, LLC, dba Kona Inn Restaurant, for a Sale and Transfer of the Restaurant General liquor license, Category B2, currently held by Wind & Sea Restaurant, Inc., dba Kona Inn Restaurant, located at the Kona Inn Shopping Village, 75-5744 Ah'i Drive, Suite 135, Kailua-Kona, Hawaii, TMK: 7-5-007:021, pending final inspection; Seconded by Commissioner Ventura. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 5 OF 27 Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. The motion was carried unanimously. 2. APPLICATION NO.: APPLICANT: (10:05 AM) TRADE NAME: PLACE OF BUSINESS: TM K: LICENSE APPLIED FOR: T25-19 Kona Ocean Club, LLC Voyagers Kona Inn Shopping Village, 75-5744 Ali`i Drive, #21, Kailua-Kona, Hawaii 7-5-007:021 Sale and Transfer of the Restaurant General liquor license, Category 131, currently held by Wind & Sea Restaurant, Inc., dba Kona Canoe Club Representing applicant: Matthew Mather, Owner. Yadao: If you can state your name and relationship to the business just for the record? Mather: Matthew Mather, Co-owner. Yadao: And describe the business? Mather: Currently it is the same restaurant and full bar, currently it sells the same menu as Kona Inn. We are working on rebranding that to "Voyagers" and will be changing the menu in the months to come to more tapas style and same burgers, fish and chips, stuff that would appeal to the tourists as well. Yadao: Are there any changes to the report? Mather: No. Yadao: Director, any report of protests? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 6 OF 27 Waltjen: Chair, this is a sale a transfer, notification was made by publication on May 16, 2026, we received no protest to this application. Yadao: Thank you. Commission, any discussion or questions? Morifuji: I have directed to the Administrative Officer, any violations of liquor laws or current investigations? Gonzalez: No, Commissioner Morifuji, thank you for your question. Morifuji: Thank you. Yadao: Any public testimony at this time? There was no public testimony. Yadao: Seeing none, may I have a motion to close the public hearing? Okabe: Motion to close. Yadao: Is there a second? Nishimoto: Nishimoto, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Nishimoto. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. The motion was carried unanimously. Yadao: Can I get a motion to approve or deny Application No. T25-19, pending final inspection? Okabe: Motion to approve Application No. T25-19, pending final inspection. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 7 OF 27 Nishimoto: Nishimoto, second. Commissioner Okabe moved to approve Application No. T25-19, Kona Ocean Club, LLC, dba Voyagers, for a Sale and Transfer of the Restaurant General liquor license, Category 131, currently held by Wind & Sea Restaurant, Inc., dba Kona Canoe Club, located at the Kona Inn Shopping Village, 75-5744 Ali`i Drive, Suite 21, Kailua-Kona, Hawaii, TMK: 7-5-007:021, pending final inspection; Seconded by Commissioner Nishimoto. Yadao: Is there any discussion to the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. 3. APPLICATION NO.: APPLICANT: (10:07 AM) TRADE NAME: PLACE OF BUSINESS: TMK: LICENSE APPLIED FOR: 25-20 Hawaii High Country Lounge, LLC Hawaii High Country Lounge 19-3948 Old Volcano Road, Volcano, Hawaii 1-9-004:055 Change in Category to B2, from its current Restaurant General liquor license, Category A. Representing applicant: Rebecca Kyota, Operations Manager, and Christopher Gagnon, General Manager. Yadao: Good morning, please state your name and relationship to the business. Kyota: Good morning, my name is Rebecca Kyota, I am the Operations Manager. Gagnon: Good morning, Christopher Gagnon, General Manager. Yadao: Thank you, if you could please describe the business. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 8 OF 27 Kyota: We are a lodging and restaurant that locals and tourists come and enjoy live music and food, and nature. Yadao: Thank you, have you received the application report? Kyota: Yes. Yadao: Are there any changes to the report? Kyota: No. Yadao: Director, any report of protests? Waltjen: Chair, the applicant mailed 5 out of 5 notices within 100 feet, 31 out of 32 within 500 feet. There were 32 properties within 500 feet entitled to protest, we received no protests to this application. Yadao: Thank you. Is there any public testimony? There was no public testimony. Yadao: Seeing none. Commission, any discussion or questions? Morifuji: I have a question, according to the report, on March 11, 2026, you submitted the application for live entertainment and dancing one -time -only, and I guess this is directed to the Department, has there been any complaint with noise, or any complaints? Waltjen: Thank you for that question, Commissioner Morifuji, we have received no complaints. Morifuji: No complaints, thank you. Waltjen: You're welcome. Yadao: If no further discussion, may I have a motion to close the public hearing? Okabe: Motion to close public hearing. Yadao: Is there a second? Nishimoto: Nishimoto, second. Commissioner Okabe moved to close the public hearing; Seconded by Commissioner Nishimoto. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 9 OF 27 Yadao: Is there any discussion on the motion? There was no discussion by Commissioners. Yadao: Hearing none, let's take a vote, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion is carried. The motion was carried unanimously. Yadao: Next, can I have a motion to approve or deny Application No. 25-20, pending final inspection? Nishimoto: Commissioner Nishimoto, move to approve Application No. 25-20, pending final inspection. Ventura: Second. Commissioner Nishimoto moved to approve Application No. 25-20, Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge, for a Change in Category to B2, from its Restaurant General liquor license, Category A, located at 19-3948 Old Volcano Road, Volcano, Hawaii, TMK: 1-9-004:055, pending final inspection; Seconded by Commissioner Ventura. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 10 OF 27 VI. Preliminary Hearings (10:10 AM) Yadao: There are no Preliminary Hearings at this time. VII. Unfinished Business (10: 10 AM) 1. Acceptance of Report of Gross Revenues of Food and Beverage Sales for Class 2 Restaurant Licensees showing food sales are at least 30% of total gross revenues for the period July 1, 2025 through March 31, 2026, pursuant to Rule 3-1-C and 4-7-A-5 of the Rules and Regulations of the Liquor Commission of the County of Hawaii: Kona Ocean Club, LLC, dba KONA CANOE CLUB (VOYAGERS); Kona Inn Restaurant, LLC, dba Kona Inn Restaurant. Yadao: Is there a motion to accept? Taniguchi: Move to accept. Nishimoto: Nishimoto, second. Commissioner Taniguchi moved to accept the Report of Gross Revenues of Food and Beverage Sales for Class 2 Restaurant Licensees showing food sales are at least 30% of total gross revenues for the period July 1, 2025 through March 31, 2026, pursuant to Rule 3-1-C and 4-7-A-5 of the Rules and Regulations of the Liquor Commission of the County of Hawaii, as stated in the agenda; Seconded by Commissioner Nishimoto. Yadao: Any discussion of the motion? Morifuji: I have a question, if a licensee does not meet the required 30% from food, can they still cater liquor? Waltjen: No, they would have to meet that 30% food requirement to hold a restaurant license, and if they don't then they're not allowed to cater off -site food and alcohol. Morifuji: Okay, thank you. Waltjen: You're welcome. Yadao: No further discussion, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 11 OF 27 There was no opposition by Commissioners. Yadao: Hearing none. The motion was carried unanimously. VIII. New Business (10:11 AM) Yadao: Is there any public testimony for New Business Item Nos. 1 through 6? There were no statements from members of the public. Gonzalez: Madame Chair, there are members of the public still present, so as we go through each agenda item, I think Counsel will say ask if there's public testimony for each item. Yadao: Thank you. 1. Request to Extend the Time for Issuance of License Submitted for Approval (10:12 AM) a. South Kona Stills LLC, dba South Kona Stills LLC, RE: Application No. 22-27, requesting to extend the time for issuance of the liquor license for good cause shown for an additional 12 months, from June 1, 2026, to and including June 1, 2027, by letter received May 19, 2026, of its Small Craft Producer Pub liquor license, Category A, located at 82-6061 Captain Cook Village Road, Captain Cook, Hawaii. Approving the extension request 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 the good cause is when making the motion. Waltjen: Chair, can I interject? I would like to note on the record that due to a typographical error, the dates should reflect July 3rd, 2026, to July 3rd, 2027. Yadao: Thank you. Is there a motion to approve with good cause? Morifuji: I move to approve for good cause, and the good cause being that by the application and the photographs, they are undertaking some very serious renovations to comply with our requirements. Taniguchi: Second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 12 OF 27 Commissioner Morifuji moved to approve the request to extend the time for issuance of the liquor license for good cause shown for an additional 12 months, from July 3, 2026, to and including July 3, 2027, by letter received May 19, 2026, of its Small Craft Producer Pub liquor license, Category A, located at 82-6061 Captain Cook Village Road, Captain Cook, Hawaii; Seconded by Commissioner Taniguchi. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. 2. Change in Members/Officers/Directors Submitted for Approval (10:13AM) (10:13 AM) a. Hilo Yacht Club, dba Hilo Yacht Club, requesting approval of Change in Officers /Directors as follows: • Removal of John Pratt and Lisa Rantz, Trustees, and Joseph Marsh, Commodore; effective February 4, 2026; • Appointment of Cheryl Matsumura, Steven Pavao, and Richard Meyer, as Trustees; effective March 26, 2026; • Change in Title of Bonnie Geiger, from Vice Commodore to Commodore; Mihaela Ryer, from Secretary to Vice Commodore; and Grant Omura, from Trustee to Secretary; effective February 4, 2026; • Personal History and Affidavits for Cheryl Matsumura, Steven Pavao, and Richard Meyer, Trustees; by form received May 6, 2026; of its Club liquor license, Category B2, located at 77 Laehala Street, Hilo, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 13 OF 27 Yadao: Is there any public testimony at this time? There were no statements from members of the public. Yadao: Is there a motion to approve? Taniguchi: Move to approve. Nishimoto: Nishimoto, second. Commissioner Taniguchi moved to approve the Change in Officers / Directors as follows: Removal of John Pratt and Lisa Rantz, Trustees, and Joseph Marsh, Commodore; effective February 4, 2026; Appointment of Cheryl Matsumura, Steven Pavao, and Richard Meyer, as Trustees; effective March 26, 2026; Change in Title of Bonnie Geiger, from Vice Commodore to Commodore; Mihaela Ryer, from Secretary to Vice Commodore; and Grant Omura, from Trustee to Secretary; effective February 4, 2026; Personal History and Affidavits for Cheryl Matsumura, Steven Pavao, and Richard Meyer, Trustees; by form received May 6, 2026; of its Club liquor license, Category B2, located at 77 Laehala Street, Hilo, Hawaii; Seconded by Commissioner Nishimoto. Yadao: Any discussion to the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 14 OF 27 b. Mauna Kea Resort LLC, dba Mauna Kea Beach Hotel, dba Mauna Kea Market, dba The Westin Hapuna Beach Resort, dba Plumeria (10: 14 AM) Market, requesting approval of Change in Officers to Prince Resorts Hawaii, Inc., sole member of Mauna Kea Resort LLC, as follows: • Change in Title of Shigeki Yamane, from President, Vice President, Secretary, and Director, to President, Secretary, and Director; • Appointment of Yusuke Ishii, as Vice President and Director; • Personal History and Affidavit for Yusuke Ishii, Vice President and Director; effective April 1, 2026, by form received May 8, 2026; of its Hotel and Retail General liquor licenses, located at 62-100 Mauna Kea Beach Drive, and 62-100 Kauna`oa Drive, Kamuela, Hawaii. Yadao: Is there any public testimony at this time? There were no statements from members of the public. Yadao: Is there a motion to approve? Nishimoto: Nishimoto, motion to approve. Yadao: Is there a second? Taniguchi: Second. Commissioner Nishimoto moved to approve the Change in Officers to Prince Resorts Hawaii, Inc., sole member of Mauna Kea Resort LLC, as follows: Change in Title of Shigeki Yamane, from President, Vice President, Secretary, and Director, to President, Secretary, and Director; Appointment of Yusuke Ishii, as Vice President and Director, Personal History and Affidavit for Yusuke Ishii, Vice President and Director; effective April 1, 2026, by form received May 8, 2026; of its Hotel and Retail General liquor licenses, located at 62-100 Mauna Kea Beach Drive, and 62-100 Kauna`oa Drive, Kamuela, Hawaii; Seconded by Commissioner Taniguchi. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 15 OF 27 Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. C. Patel's Texaco, Inc., dba Patel's, requesting approval of Change in Officers and Application for Transfer of Stock as follows: (10: 15 AM) • Change in Title of Mitesh Patel from Vice President and Secretary, to President and Secretary; • Change in Title of Smita Patel, from President and Treasurer, to Vice President and Treasurer; • Transfer of 10% stock shares held by Smita Patel to Mitesh Patel; effective January 22, 2022, by forms received May 8, 2026; of its Retail General liquor license, located at 83-5282 Mamalahoa Highway, Captain Cook, Hawaii. Yadao: Is there any public testimony at this time? There were no statements from members of the public. Yadao: Is there a motion to approve? Taniguchi: Move to approve. Yadao: Is there a second? Okamoto: Okamoto, second. Commissioner Taniguchi moved to approve the Change in Officers and Application for Transfer of Stock as follows: Change in Title of Mitesh Patel from Vice President and Secretary, to President and Secretary; Change in Title of Smita Patel, from President and Treasurer, to Vice President and Treasurer; Transfer of 10% stock shares held by Smita Patel to Mitesh Patel; effective January 22, 2022, by forms received May 8, 2026; of its Retail General liquor license, located at 83-5282 Mamalahoa Highway, Captain Cook, Hawaii; Seconded by Commissioner Okamoto. Yadao: Any discussion of the motion? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 16 OF 27 There was no discussion by Commissioners. Yadao: All those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. d. Hawaii High Country Lounge, LLC, dba Hawaii High Country Lounge (Retail), requesting approval of Change in Members and (10:16 AM) Application for Transfer of Membership Interest as follows: • Removal of Ben Ketel, Member; • Appointment of Jacqueline Raffaele, as Member; • Transfer of 50% membership interest held by Ben Ketel to Jacqueline Raffaele, Member; • Personal History and Affidavit for Jacqueline Raffaele, Member; effective December 31, 2025) by forms received May 21, 2026; of its Retail Beer and Wine liquor license, located at 19-3948 Old Volcano Road, Volcano, Hawaii. Waltjen: Chair, can I also make a note on the record that it should reflect a Retail Beer and Wine license, instead of Retail General. Gonzalez: Madame Chair, as the Director stated, there's a typographical error on the printed agenda where it's listed as a Retail General license, but we just wanted to fix that typo to say it's a Retail Beer and Wine, and then present from Hawaii High Country Lounge, we do have the representatives here. Yadao: Is there any public testimony at this time? There were no statements from members of the public. Yadao: Hearing none, is there a motion to approve? Taniguchi: Yes, I move. Yadao: Is there a second? MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 17 OF 27 Nishimoto: Nishimoto, second. Commissioner Taniguchi moved to approve the Change in Members and Application for Transfer of Membership Interest as follows: Removal of Ben Ketel, Member; Appointment of Jacqueline Raffaele, as Member; Transfer of 50% membership interest held by Ben Ketel to Jacqueline Raffaele, Member; Personal History and Affidavit for Jacqueline Raffaele, Member; effective December 31, 2025, by forms received May 21, 2026; of its Retail General liquor license, located at 19-3948 Old Volcano Road, Volcano, Hawaii; Seconded by Commissioner Nishimoto. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: All those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion is carried. The motion was carried unanimously. Morifuji: Excuse me, Chair, before we move on to Permits Issued for Ratification, can ask a question of the Department that refers to the Change in Members / Officers / Directors Submitted for Approval, the question is, I may be interpreting this wrong but on the forms for add or delete officers, it's referring us to statute Sections 281-41 and Rule 4-6. On Rule 4-6, the written notification should be within 90 days. HRS 281-41(c) says within 30 days, I don't know if I'm interpreting it correctly, but I need some clarification as to what is right here? Gonzalez: That is a very good question, Commissioner Morifuji. So, the Department is historically and customarily been giving the businesses 90 days. Whenever there's a conflict in the laws where they might overlap on the same thing, we've been giving them the least restrictive, which is why we changed our rule to 90 days notice. Morifuji: Thank you. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 18 OF 27 3. Permits Issued for Ratification (10:20 AM) a. Berj Corporation, dba My Bar, ratification of Application for Game Permits, for events on May 10, 24, & 31, 2026, approved by Director Stacie Waltjen on May 4, 2026; and for an event on May 17, 2026, approved by Director Stacie Waltjen on May 5, 2026; of its Dispenser General liquor license, Category B2, located at the Luhia Center I, 74-5606 Luhia Street, Spaces Al, A2, A3 and A413, Kailua-Kona, Hawaii. b. Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America, dba Kona Elks Club, ratification of Application for Game Permit, for an event on May 17, 2026; approved by Director Stacie Waltjen on May 12, 2026; of its Club liquor license, Category B2, located at 75-170 Hualalai Road, Suite E-100, Kailua-Kona, Hawaii. C. Lau Ola, LLC, dba Big Island Grown Dispensaries, ratification of Application for Alcohol Purchase Permit, for 220 gallons of Ethanol 200 proof for industrial use, approved by Director Stacie Waltjen on May 14, 2026, located at 28-595 Kaupakuea Homestead Road, Pepe`ekeo, Hawaii. d. Volcano Vineyards, LLC, dba Volcano Winery, ratification of Application for Entertainment Permit, for an event on May 23, 2026, approved by Director Stacie Waltjen on May 21, 2026; of its Winery liquor license, Category A, located at the Volcano Golf Course Subdivision, 35 Pi`i Mauna Drive, Volcano, Hawaii. e. Gabriel Liera, ratification of Application for Individual Importation of Liquor Permit, for shipment of liquors as part of household goods to military storage in Kailua-Kona, Hawaii, approved by Director Stacie Waltjen on May 21, 2026. Yadao: Is there any public testimony at this time? There were no statements from members of the public. Yadao: Seeing none, is there a motion to ratify? Okabe: So moved. Yadao: Is there a second? Nishimoto: Nishimoto, second. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 19 OF 27 Commissioner Okabe moved to ratify Permits Issued for Ratification, Item Nos. 3(a) through 3(e), as stated in the agenda; Seconded by Commissioner Nishimoto. Yadao: Any discussion of the motion? Morifuji: I have a question, for non -profits that come in for game permits that use the licensees, how would the licensee for example, My Bar Kona, make money from it? know it's a Sunday, I've checked all the dates, it's Sundays so not as much patrons, but how do they make money from this? From selling liquor I understand, but how about the non-profit or the group that's making use of the game permit make funds? Waltjen: So, Commissioner Morifuji, in this instance it's a private event and My Bar Kona has a separate room that he allows non -profits or businesses to come in and use his place as a venue, and they have their own event going on. So, like for Kona Cup Soccer Tournament, it's that organization's that's inside there, but because he's a licensed premises, we require him to submit a game permit to cover whatever activities are going on within his licensed premise. Morifuji: I see, so the Kona Cup Soccer for example, does not make any revenue from the event? Waltjen: No, not from the sale of alcohol because they haven't applied for a Morifuji: Not the sale of alcohol but from the game permit? Waltjen: If they're making money off of it? Morifuji: Yeah? Waltjen: No. Morifuji: No, okay, and I understand swag and all of that stuff is nominal prizes but what about gift certificates? One applicant specifically states gift certificates, I think it was the Kona Elks Club. Waltjen: In terms of the amount? Morifuji: No, the gambling definition, I guess. Gonzalez: These questions are good and on point. So, there's a couple things at issue here, our game permit restricts games resembling gambling, and then there's all these other things, and specifically prohibits real money being involved. So, you know, it's play chips, it's poker chips that have no monetary value. And so, I see where your MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 20 OF 27 question is going but that kind of delves into the realm of, are we sanctioning gambling itself, which we always tell the applicants, or we used to explicitly say this, that we are not saying gambling in Hawaii is legal. Like, if you need that determination, you have to go talk to the Police or the Prosecutor's office. So, in this case, because there's no real money involved, and then there may be prizes at the event or a contest that's either given. One way we've seen it done is you turn in all your fake poker chips, and the one that has the most poker chips gets more tickets for the raffle drawing to get a swag prize or something, right? Your question is whether a gift certificate crosses that line of it being real money, right? It's not cash but I don't know, we could follow up with our Corporation Counsel to see, or even the Prosecutor's office to see if there's an issue with that. Morifuji: Okay. Gonzalez: Does that sound good? Morifuji: That sounds good. Okabe: Because even though the County for Park and Recreation, they have a casino night, that's basically the same thing, but I think it's the same. Gonzalez: Yeah, but our thing is because it's a liquor rule about no gambling in the licensed premises, and that's why I go back to our rule specifically prohibits real money being involved, and so that's a very good question. Morifuji: I thought our rule defined it as items of value, and that's why swag was permitted, and I think my layman's definition is games of skill is not considered gambling. For golfing, you hit a golf ball, you sink it in the hole, you can win an entire car. But casino games are games of chance, and any prize associated with that would meet the definition of gambling, that's my layman's definition. Taniguchi: If I can interject too, we had that same question come up at another fundraiser and former Prosecutor Iboshi mentioned to us that we can't use the word raffle because that's considered gambling, but then a game of skill. So, what it is, let's say for instance, if you answer this particular question correctly then you can participate in whatever this thing is, you know. It's kind of petty but to get around that raffle thing or gambling thing, you know. Morifuji: And just to remind the other Commissioners, I'm not being trying to be petty, just want to make sure that we all abide by the laws. Taniguchi: No, yeah, that's a good question, but that was one thing that we had to do, don't use the word raffle, you gotta come up with something that you have to do MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 21 OF 27 something skillful, even if it's like something real easy that you can think of, so that kind of stuff, but yeah that's how we got around ours to be legal so to speak. Gonzalez: And that's why there's a criminal statute for gambling, and then there's our liquor rules about gambling in a licensed establishment. Okabe: But who monitors that thing? I mean, is it the investigators that go down to the function to see if they're following the correct guidelines? That's what it is, right? So, there are checks and balances to whatever application or process that's being done, right? Waltjen: Yes, correct. Yadao: If no further discussion, let's take this to a vote, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. 4. Temporary Increase in Licensed Premises Issued for Ratification (10:28 AM) a. Kuleana Spirits, Inc., dba Kuleana Rum Shack, ratification of Application for Temporary Increase in Licensed Premises, for an event on May 2, 2026, approved by Director Stacie Waltjen on April 30, 2026; of its Small Craft Producer Pub liquor license, Category B 1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6 and H7, Waikoloa, Hawaii. b. LBC Volcano LLC, dba Lanikai Brewing Company, ratification of Application for Temporary Increase in Licensed Premises, for events on July 25-26, 2026, approved by Director Stacie Waltjen on May 12, 2026, of its Restaurant General liquor license, Category B1, located at 19-4005 Haunani Road, Volcano, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 22 OF 27 C. Tommy Bahama Beverages, LLC, dba Tommy Bahama's Tropical Cafe, ratification of Application for Temporary Increase in Licensed Premises, to include the Shops at Mauna Lani Courtyard for an event on May 25, 2026, approved by Director Stacie Waltjen on May 12, 2026, of its Restaurant General liquor license, Category B2, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite 101, Kamuela, Hawaii. d. Napua Hilo LLC, dba Lehua Restaurant at Imiloa, ratification of Application for Temporary Increase in Licensed Premises, for an event on May 21, & June 10, 2026, approved by Director Stacie Waltjen on May 13, 2026; of its Restaurant General liquor license, Category B2, located at 600 `Imiloa Place, Hilo, Hawaii. Yadao: Let the record reflect that there is no public present. There was no public present. Yadao: Can I get a motion to ratify? Taniguchi: Move to ratify. Nishimoto: Nishimoto, second. Commissioner Taniguchi moved to ratify Temporary Increase in Licensed Premises Issued for Ratification, Item Nos. 4(a) through 4(d), as stated in the agenda; Seconded by Commissioner Nishimoto. Yadao: Any discussion to the motion? There was no discussion by Commissioners. Yadao: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Any opposed "Nay." There was no opposition by Commissioners. Yadao: Motion is carried. The motion was carried unanimously. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 23 OF 27 5. Special Licenses Issued for Ratification (10:29 AM) a. License No. SP-25-138, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license, for events on April 29, May 1-3, 8, 15-17, & 22, 2026, held at the Aloha Theatre, 79-7384 Mamalahoa Highway, Kealakekua, Hawaii. b. License No. SP-25-139, `Ewalu Inc., dba `Ewalu Industries, for a Special Beer liquor license, for an event on May 2, 2026, held at 74-5606 Pawai Place, Kailua-Kona, Hawaii. C. License No. SP-25-140, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 1, 2026, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. d. License No. SP-25-141, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 8, 2026, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. e. License No. SP-25-142, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 10, 2026, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. f. License No. SP-25-143, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 22, 2026, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. g. License No. SP-25-144, The Friends of the Palace Theater, dba The Friends of the Palace Theater, for a Special Beer and Wine liquor license, for an event on May 30, 2026, held at the Hilo Palace Theater, 38 Haili Street, Hilo, Hawaii. h. License No. SP-25-145, Akaka Falls Lions Club, dba Akaka Falls Lions Club, for a Special Beer and Wine liquor license, for an event on May 30, 2026, held at the Hilo Hawaiian Hotel, 71 Banyan Drive, Hilo, Hawaii. i. License No. SP-25-146, Fraternal Order of Eagles, dba Fraternal Order of Eagles, for a Special Beer and Wine liquor license, for events from May 8-9, 15-16, 22-23, 29 - 30, 2026, held at 16-111 Opukaha`ia Street, Kea`au, Hawaii. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 24 OF 27 j. License No. SP-25-147, I Can I Will Hawaii, dba I Can I Will Hawaii, for a Special General liquor license, for an event on June 13, 2026, held at the Afook-Chinen Civic Auditorium, 323 Manono Street, Hilo, Hawaii. k. License No. SP-25-148, Aloha Performing Arts Company, dba Aloha Theatre, for a Special General liquor license, for events on May 29, June 5-7, 12-14, 19-21, 26, 2026, held at the Aloha Theatre, 79-7384 Mamalahoa Highway, Kealakekua, Hawaii. I. License No. SP-25-149, Humanity Hale, dba Humanity Hale, for a Special General liquor license, for an event on May 23, 2026, held at the Kona Salt Farm, 73-907 Makako Bay Drive, Kailua-Kona, Hawaii. M. License No. SP-26-001, Hawaii Island Humane Society, dba Hawaii Island Humane Society, for a Special General liquor license, for an event on July 18, 2026, held at 24 Waikoloa Beach Drive, Waikoloa Village, Hawaii. Yadao: Let the record reflect, there's no public present. There was no public present. Yadao: Is there a motion to ratify? Taniguchi: Move to ratify. Nishimoto: Nishimoto, second. Commissioner Taniguchi moved to ratify Special Licenses Issued for Ratification, Item Nos. 5(a) through 5(m), License Nos. SP-25-138 through SP-25-149 AND SP-26-001, as stated in the agenda; Seconded by Commissioner Nishimoto. Yadao: Any discussion of the motion? There was no discussion by Commissioners. Yadao: Seeing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 25 OF 27 Yadao: Motion has carried. The motion was carried unanimously. 6. Transient Vessel Licenses Issued for Ratification (10:29 AM) a. License No. TV-26-001, Intercruises as agents for Silver Cruises LLC, dba Silver Whisper, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on September 10, 2026. b. License No. TV-26-002, Intercruises as agents for Silver Cruises LLC, dba Silver Whisper, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii, on September 12, 2026. C. License No. TV-26-003, NCL (Bahamas) Ltd., dba Norwegian Spirit, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on July 12 & 17, August 14, September 16, & November 2, 2026. d. License No. TV-26-004, NCL (Bahamas) Ltd., dba Norwegian Spirit, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii, on August 15 & 18, September 15 & 20, & November 9, 2026. e. License No. TV-26-005, Pride of America Ship Holding, LLC, dba Pride of America, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii on July 7, 14, 21, 28; Aug. 4, 11, 18, 25; Sept. 1, 8, 15, 22, 29; Oct. 6, 13, 20, 27; Nov. 3, 10, 17, 24; Dec. 1, 8, 15, 22, 29, 2026; Jan. 5, 12, 19, 26; Feb. 2, 9, 16, 23; Mar. 2, 9, 16, 23, 30; Apr. 6, 13, 20, 27; May 4, 11, 18, 25; June 1, 8, 15, 22, 29, 2027. f. License No. TV-26-006, Pride of America Ship Holding, LLC, dba Pride of America, for a Transient Vessel liquor license, in port at Kona Harbor, Kailua-Kona, Hawaii on July 1, 8, 15, 22, 29; Aug. 5, 12, 19, 26; Sept. 2, 9, 16, 23, 30; Oct. 7, 14, 21, 28; Nov. 4, 11, 18, 25; Dec. 2, 97 16, 23, 30; 2026; Jan. 6, 13, 20, 27; Feb. 3, 10, 17, 24; Mar. 3, 10, 17, 24, 31; Apr. 7, 14, 21, 28; May 5, 12, 19, 26; June 2, 9, 16, 23, 30, 2027. Yadao: Let the record reflect there's no one from the public present. There was no public present. Yadao: Is there a motion to ratify? Ventura: Move to ratify. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 41 2026 - KONA PAGE 26 OF 27 Taniguchi: Second. Commissioner Ventura moved to ratify Transient Vessel Licenses Issued for Ratification, Item Nos. 6(a) through 6(f), License Nos. TV-26-001 through TV-26-006, as stated in the agenda; Seconded by Commissioner Taniguchi. Yadao: Any discussion? There was no discussion by Commissioners. Yadao: Hearing none, all those in favor say "Aye." The Commissioners voted "Aye." Yadao: Opposed "Nay." There was no opposition by Commissioners. Yadao: Motion has carried. The motion was carried unanimously. IX. Announcements (10-30 AM) Meetings of the Liquor Commission July 2, 2026, 10:00 A.M., Hilo Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. August 6, 2026, 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 10:30 A.M. Stacie T. Waltjen Director The June 4, 2026 meeting minutes were approved as circulated, via email on June 25, 2026, by the Liquor Commission of the County of Hawaii on July 2, 2026. MINUTES - LIQUOR COMMISSION MEETING - THURSDAY, JUNE 4, 2026 - KONA PAGE 27 OF 27