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HomeMy WebLinkAbout2017-01-05 Liquor Commission Minutes COUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION JANUARY 5, 2017 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII I. Call To Order The meeting was called to order by Chairperson William Takaba at 10:02 a.m., in the Meeting Room, Department of Liquor Control, Hilo Lagoon Centre 101 Aupuni Street, Unit 230, Hilo, Hawaii. The following members were present and constituted a quorum: William Takaba, Chairperson Art Taniguchi, Vice Chairperson David Greenwell, Commissioner Stephen Lopez, Commissioner Dwayne Mukai, Commissioner Shelby Nahale-a, Commissioner Claude Onizuka, Commissioner Absent and excused: Leina'ala Enos, Commissioner Donn Mende, Commissioner Others present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Gail Fujimoto, Licensing Officer Cathy Ferreira, Secretary to the Commission Takaba: I'd like to call this meeting to order. Can you all silence your cell phones. We'll start with introductions from the left. Fujimoto: Gail Fujimoto, Licensing Officer. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. Lopez: Steph Lopez, Commissioner. Onizuka: Claude Onizuka, Commissioner. Takaba: Bill Takaba, Commissioner. Takase: Gerald Takase, Director. Taniguchi: Art Taniguchi, Commissioner. Nahale-a: Aloha, Shelby Nahale-a, Commissioner. Greenwell: David Greenwell, District 9, Commissioner. Mukai: Dwayne Mukai, Commissioner. Ferreira: Good morning, Cathy Ferreira, Secretary to the Commission. Aoki: Nyssa Aoki, Clerk. Takaba: Thank you. II. Approval of Minutes (December 8, 2016) Takaba: The December 8, 2016, Minutes were circulated via email and mail on December 29th. Do we have a motion to approve? Taniguchi: So moved. Onizuka: Second. Mr. Taniguchi moved that the December 8, 2016, Liquor Commission Minutes be approved which was circulated via e-mail and mail on December 29, 2016; seconded by Mr. Onizuka. Takaba: Thank you. It's been moved and seconded. Any discussion? There was no discussion by commissioners. Takaba: None? All those in favor say "Aye." The commissioners voted "Aye." Takaba: Those opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Let's move to Approval of Addendum or Supplemental Agenda. We have two items. Ill. Approval of Addendum and/or Supplemental Agenda Pursuant to Section 92-7, Hawaii Revised Statutes, as amended, Items 1 and 2 are proposed amendment to the agenda, and has been determined not to be of reasonably major significance nor does it affect a significant number of persons, and is proposed for placement on the agenda by two-thirds vote of the Commission. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 2 Takaba: It's going to be under New Business. First, is Honokaa Enterprises, LLC dba JJ Country Market. The second is, Application No. 15-16, Dubidee LLC dba Mi's Waterfront Bistro. The first one is to transfer their liquor inventory; the second one, is to extend approval of application for change of location for six months. Do I have a motion to approve? Taniguchi: Move to approve. Mukai: Second. Takaba: It's been moved and seconded. Mr. Taniguchi moved that the Commission amend/add the following items to its agenda, seconded by Mr. Mukai. 1. New Business, Item No. 13, ADD new paragraph to read: 13. Honoka`a Enterprises, LLC dba JJ Country Market, by email received on January 3, 2017, requests to transfer their remaining liquor inventory to Island Forager LLC dba Island Forager General Store, Retail General liquor license, T-RG-713 effective December 30, 2016, located at 45-3745 Honoka`a Waipio Road, Honoka`a, Hawaii. 2. New Business, Item No. 14, ADD new paragraph to read: 14. Application No. 15-16 Dubidee LLC, dba Mi's Waterfront Bistro, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests an extension of approval of application of its Change of Location of its Restaurant General liquor license, Category 82, for an additional six months, to July 7, 2017. Takaba: Any discussion? There was no discussion by commissioners. Takaba: This is going to be a roll call vote. Cathy, can you. Ferreira: Commissioner Mukai. Mukai: Aye. Ferreira: Commissioner Greenwell. Greenwell: Aye. Ferreira: Commissioner Nahale-a. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 3 Nahale-a: Aye. Ferreira: Commissioner Taniguchi. Taniguchi: Aye. Ferreira: Commissioner Takaba. Takaba: Aye. Ferreira: Commissioner Onizuka. Onizuka: Aye. Ferreira: Commissioner Lopez. Lopez: Aye. Ferreira: The "Ayes" have it. Takaba: Thank you. Motion carried. Moving on to Item No. IV. Public Statements on Agenda Items. IV. Public Statements on Agenda Items Takaba: Do we have anyone here to testify on any matters on the agenda? There was no reply from the public. Takaba: If not, we'll move on to Public Hearings. V. Public Hearing Takaba: We have four items. The first one, is Application No. 16-10. Commissioner Greenwell is recusing himself because he has a property within 500 feet. Is that correct? Greenwell: That's correct. Thank you. Takaba: This is Island Lava Java LLC dba Island Lava Java, for an original Dispenser General liquor license, Category B1, located at the Coconut Grove Marketplace in Kailua, TMK: 7-5-9:028. 1. Application No. 16-10 Island Lava Java LLC dba Island Lava Java, for an original Dispenser General liquor license, Category B1, located at the Coconut Grove Marketplace, 75-5081 Ali`i Drive, Building A, Kailua-Kona, Hawaii; TMK: (3) 7-5-009:028. Jeff Fischer Member of the LLC was present. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 4 Takaba: Can you please identify yourself? Fischer: Jeff Fischer, Member of the LLC. Takaba: Your relationship to the business as a member of the LLC? Fischer: Uh huh. Takaba: Okay. Do you have any changes to your report? Fischer: Nah. Takaba: None. Can you describe briefly your business? Fischer: We've been in business for about 12 years, as Island Lava Java without liquor. We're moving to a new location, two-story at Coconut Grove, basically the same concept, but adding a bar. Takaba: Director, do we have any protest? Takase: Mr. Chairman, the Applicant mailed 8 out of 8 notices within 100 feet; 246 out of 252 within 500 feet and two notices to condominium or cooperative apartment manager. Thereby meeting the requirements of the statutes. There were 247 total properties entitled to protest. There were no protests to this application. Takaba: Thank you. Do we have any discussion members? There was no discussion from the commissioners. Takaba: Can I have a motion to close public hearing? Mukai: So moved. Taniguchi: Second. Mr. Mukai moved that the public hearing on Application No. 16-10 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Any discussion? There was no discussion from the commissioners. Takaba: All those in favor, say "Aye." The commissioners voted "Aye." Takaba: Those Opposed. There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 5 Takaba: Can we have a second motion to approve. Taniguchi: Move to approve Application 16-10, pending final inspection. Onizuka: Second. Mr. Taniguchi moved that Application No. 16-10, Island Lava Java LLC dba Island Lava Java, for an original Dispenser General liquor license, Category B1, located at Coconut Grove Marketplace, 75-5081 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-5-009:028, be approved and that the license shall be effective upon completion of final inspection; seconded by Mr. Onizuka. Takaba: Moved and seconded. Any discussion? There was no discussion from the commissioners. Takaba: None. All those in favor say "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Thank you. Fischer: Thank you very much. Takaba: Application No. 16-11, Hawaiian Ola Brewing Corporation dba Hawaii Cider Company, for an original Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street in Kailua. 2. Application No. 16-11 Hawaiian Ola Brewing Corporation dba Hawaii Cider Company, for an original Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; TMK: (3) 7-4-015:024. Kea Keolanui, Chief Operating Officer was present. Takaba: Can you come up and identify yourself and your relationship to the business? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 6 Keolanui: Good morning. Takaba: Good morning. Keolanui: My name is Kea Keolanui and I'm the Chief Operating Officer of Hawaiian Ola Brewing dba Hawaii Cider Company. Takaba: Thank you. Do you have any changes to your report? Keolanui: We do have one change. The one change, is that we are adding a Director to our company, Brett Jacobson the Personal Affidavit form has been emailed to Gail along with our Certificate of Good Standing for our company. Takaba: Thank you. Gail did you receive that? Fujimoto: This morning. Takaba: Thank you. Can you describe your business? Keolanui: Yes, we are going to be a brewing facility. Where we will brew beer and sparkling wine. We'll be using local fruit from farmers. About fifty percent of the product will be local fruit from the islands. We plan on doing a brewing facility where we have tasting, possibly tours, samplings and educational tours about brewing. Takaba: Thank you. Is that it? Keolanui: Yes. Takaba: Director, do you have any report of protest? Takase: Mr. Chairman, the applicant mailed 17 out of 18 notices within 100 feet; 45 out of 46 within 500 feet, there were 25 properties entitled to protest. There were no protests to this application. Takaba: Okay, thank you. Do we have any public testimony? Anyone wishing to testify? There was no reply from the public. Takaba: None. Can I have a motion to close public hearing? Mukai: I have a question. Takaba: Yes. Mukai: Actually, more of a department question. I noticed that we're pending receipt of a Brewer's Notice of Approval. What's that? Takase: This is going to be a manufacturing license. They need to get approval from the TTB, or the Federal Trade and Tobacco Bureau to approve their license for their product labeling. Those things are still pending. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 7 Mukai: If we do approve the license and they don't get this, is there any issues? Takase: They can't produce the product. Mukai: Okay. Takaba: Does that answer your questions? Mukai: Yes. Thanks. Takaba: Any other further discussion? There were no further discussion. Takaba: Hearing none. Can I have a motion to the close the public hearing? Mukai: Move to close the public hearing. Taniguchi: Second. Mr. Mukai moved that the public hearing on Application No. 16-11 be closed; seconded by Mr. Taniguchi. Takaba: Any discussion? There was no discussion from the commissioners. Takaba: Hearing none. All those in favor, say "Aye." The commissioners voted "Aye." Takaba: Those Opposed. There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Mukai: Mr. Chair, I move to approve Application No. 16-11, pending final inspection. Onizuka: Second. Takaba: Thank you. Mr. Mukai moved that Application No. 16-11, Hawaiian Ola Brewing Corporation dba Hawaii Cider Company, for an original Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii, TMK: 7-4-015:024, be approved and that the license shall be effective upon completion of final inspection; seconded by Mr. Onizuka. Takaba: Any further discussion? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 8 There were no discussion from the commissioners. Takaba: Hearing none, all those in favor, say "Aye." The commissioners voted "Aye." Takaba: Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Mukai: Thank you. Keolanui: Thank you very much. Takaba: Good luck! Thank you. Takaba: Application No. 16-12, Poi Dog Deli LLC dba Poi Dog Deli, for an original Retail Beer and Wine liquor license, located at 75-1022 Henry Street, Space 3, Kailua-Kona. Good Morning. 3. Application No. 16-12 Poi Dog Deli LLC dba Poi Dog Deli, for an original Retail Beer and Wine liquor license, located at 75-1022 Henry Street, Space 3, Kailua-Kona, Hawaii, TMK: (3) 7-5-004:061. Taylor Cline, Member of the LLC was present. Cline: Good morning. Takaba: Can you identify yourself and provide the relationship to the business? Cline: Sure. My name is Taylor Cline and I'm a member of the LLC. Takaba: Okay. Thank you. You have any changes to your report? Cline: No. Takaba: Can you describe your business? Cline: Sure, it's going to be a "fast casual" deli. Sandwich and salad shop and we're going to sell retail beer and wine. Takaba: Thank you. Director, any protest? Takase: Mr. Chairman, the applicant mailed 3 out of 3 notices within 100 feet; 17 out of 18 within 500 feet, there were 16 properties entitled to protest. There were no protests to this application. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 9 Takaba: Thank you. Do we have any public testimony? There was no reply from the public. Takaba: Hearing none. Any discussion? Mukai: I have a question? Takaba: Yes. Mukai: So, you said, "Retail" so there's no alcoholic consumption on premises? Cline: It's a section of the area where it will be "unlicensed" which we worked with Gerald and Gail to make sure that's a "clear separation" of space. Between the licensed retail area and the unlicensed area that the customers can consume. Mukai: Okay. Takase: They'll have their deli and sales floor in the rear of the store. There's kind of a separated area in the front that they will allow food and dining, as well as a consumption area. We're seeing a lot more of this kind of a "hybrid" operation like this. They buy the food from a store, but they are providing them an area to consume within the store itself, but not in the "licensed" portion of the store. They're doing this because there's a requirement for a bathroom for dispensers and unfortunately they are unable to meet the "bathroom" requirements. I talked to the Department of Health, and they're at a lost as to why they still have that rule in place. So, they're looking at eliminating it. They're kind of in a "catch 22" right now, that they can't provide sufficient bathroom facilities to meet the Department of Health's requirements. It's kind of way to allow them to operate. Mukai: Another follow up question. Cline: Sure. Mukai: Do we have signage that "no trespass with an open vessel can go into the? Cline: Yes, absolutely and we won't provide any service at all. We're not opening or pouring any. Mukai: Right, okay. Cline: Once they take it out of their retail license area. It's really up to them, whether they want to consume it there or take it home. Mukai: But, they cannot walk in the deli, right? Cline: Right, right. Mukai: Just putting it on the record. Thank you. Cline: Right, absolutely. JANUARY 5,2017-LIQUOR COMMISSION MINUTES 10 Onizuka: Question? Takaba: Sure. Onizuka: Question to the Director. So, in other words, half the store is licensed? Takase: Yes. Onizuka: Not the entire space? Takase: No, they're going to put up a "partition" that will delineate where the service and non-service areas are. We have done this in a few places. But, this is probably the most extreme one because it's within the same building. They will monitor them. Papaaloa Store recently did this. Onizuka: Is there any way to license the entire store space and then give them an exception to use only half of that at this time? Then come back later if they want to use the whole store? Takase: Assuming that the Department of Health will change the regulations regarding the bathroom. It's really, they would have to have a urinal in the men's portion to qualify them for a dispenser. Then, they could come back in and change to a Dispenser license. This is only way to allow them to sell liquor and not run afoul. Onizuka: So, this is an exception that we made. Takase: Well, it's really not an "exception." Because if it's "unlicensed" then they can consume. We have a number of other ones. But a lot of them are usually they buy it inside and they take it right outside on their patio or whatever and consume in the outdoor area. I think this is only a second owner that I can remember that's contained within the interior. Taniguchi: I have a question for the Director. Takase: Yes. Taniguchi: Is it similar to restaurants that don't have licenses and you can bring in your own liquor? Is that the same thing? Takase: Yes. I guess it would be similar. They're allowing consumption in an area that's "unlicensed." Taniguchi: Okay, thanks. Lopez: Question? Takaba: Yes, Steph? Lopez: I'm trying to understand. There will be no, there's no sale of alcohol directly to the dining room table? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 11 Cline: Right. Lopez: If you're there, you want a sandwich and you want a beer, you got to go to the "Retail" counter to buy it? Cline: Exactly. Lopez: It would appear that you "brought in on your own." Cline: Right. Lopez: Okay, thank you. Takase: Another example, I don't know if you guys were on, there's a Kona International Marketplace which was kind of like a "food court." We had a similar operation there. One of the vendors was allowed to sell liquor in there, but he was a retail operation and they could buy it and then go to the tables in the middle and consume out there. Takaba: Any further questions? Lopez: Just a follow up question. Takaba: Steph. Lopez: As a personal interest, I drove by, it's my neighborhood. So, I drove by there this morning, the sign still states, "Lease Space Available." Cline: It's true. Lopez: So, where is the correlation in the Lease and your ability to open? When are you going to be open, I guess, is what I'm trying to say. Cline: We're shooting for late summer. Lopez: Late summer. Cline: We wanted to because it is kind of, you know, it's kind of a different kind of concept, so we wanted to make sure that we could, we we're able to retain a "retail" liquor license, before committed to that space. It's all happening right now. It's in the lease. Lopez: So, the Lease is prepared for you to get. Cline: Exactly. Lopez: Thank you. Takaba: Any further questions? There were no further questions from the Commissioners. Mukai: I move to close the public hearing. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 12 Taniguchi: Second. Mr. Mukai moved that the public hearing on Application No. 16-12 be closed; seconded by Mr. Taniguchi. Takaba: Moved and seconded to close public hearing. Any discussion? There was no discussion from the commissioners. Takaba: Hearing none. All those in favor, say "Aye." The commissioners voted "Aye." Takaba: Those Opposed. There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Mukai: Chair, I move to approve Application No. 16-12, pending final inspection. Onizuka: Seconded. Mr. Mukai moved that Application No. 16-12, Poi Dog Deli LLC dba Poi Dog Deli, for an original Retail Beer and Wine liquor license, located at 75-1022 Henry Street, Space 3, Kailua-Kona, Hawaii, TMK: 7-5-004:061, be approved and that the license shall be effective upon completion of final inspection; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. Any discussion? There was no discussion from the commissioners. Takaba: Hearing none, all those in favor, say "Aye." The commissioners voted "Aye." Takaba: Those Opposed. There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Thank you. Mukai: Thank you very much. Takaba: Fourth item. JANUARY 5,2017-LIQUOR COMMISSION MINUTES 13 r � 4. Application No. T16-15 Amici Italian Bar& Grill, L.L.C. dba Amici Vista Bar & Grill, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Kona Country Club, Inc., dba Kona Country Club, located at 78-7000 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-8-010:003, 034, 036, 042, 051, 077 & 082 Takaba: This Application No. T16-15, unfortunately the Applicant is not present but do we have any public testimony? There was no reply from the public. Takaba: Any discussion by the commission? Takase: For the Commission's knowledge, the Applicant didn't get their things into the paper in time. So, they missed the notification deadline. But, we had already placed it on the agenda. It will continue over another month. Taniguchi: Didn't they come in last? Takase: They came in on the Preliminary. They missed the deadline for the Public Hearing. Greenwell: So, they will be on the February's agenda? Gonzalez: That's what we need the motion for. Takase: Yes, continue to February 2, 2017. Onizuka: So, in the meantime, whose license are they operating under? Takase: They have a temporary license. Takaba: Any further questions? There were no further questions from the Commissioners. Mukai: Mr. Chairman, I move that we continue this matter to February 2, 2017, so that's Application No. T16-15 be included in February's agenda. Greenwell: Second. Mr. Mukai moved that Application No. T16-15, Amici Italian Bar& Grill, L.L.C. dba Amici Vista Bar & Grill, for a sale and transfer of the Restaurant General liquor license, Category B1, currently held by Kona Country Club, Inc., dba Kona Country Club, located at 78-7000 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-8-010:003, 034, 036, 042, 051, 077 & 082, be placed on the February 2, 2017 agenda; seconded by Mr. Greenwell. JANUARY 5,2017-LIQUOR COMMISSION MINUTES 14 Takaba: It's been moved and seconded to be continued to February 2, 2017. Any discussion? Lopez: Question, the request is for a six months extension. So, is the temporary going to last them that long? Takase: The temporary license is coming up in New Business, we got to extend them. What we're on now is the actual transfer. Lopez: Okay, thank you. I'll hold it. Takase: So, the New Business is to extend it. Takaba: Anything further. It's moved and seconded. We will continue this matter until February 2, 2017. All those in favor say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed. There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Okay, we're going to move on to Preliminary Hearings. We have four items. Application No. T16-16, JNG Investment Corporation dba Barcode Karaoke & Grill, for sale and transfer on the Restaurant General liquor license. VI. Preliminary Hearings 1. Application No. T16-16 JNG Investment Corporation dba Barcode Karaoke & Grill, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Kula Taxi Corporation dba Starz Karaoke & Grill, located at the Ka`ahumanu Shopping Plaza, 74-5467 Kaiwi Street, Suite 6, Kailua-Kona, Hawaii, TMK: 7-4-015:017. Jung Eun Byun, President, Vice President, Secretary, Treasurer and Director, was present. Takaba: Can you identify who you are and your relationship to the business? Byun: I am Jung Eun Byun and I am President JNG Investment Corporation. And, dba is Barcode Karaoke. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 15 Takaba: Can you verify that the, have you read the Application Report and is it correct to your knowledge? Byun: Yes. Takaba: Thank you. Can you describe your business for us? Byun: What's that? Takaba: Can you describe the business? What the business does? Byun: Food and karaoke. Takase: It's a restaurant, karaoke bar located on Kaiwi Street. Kind of right at the top of the street, the first, coming down Kaiwi, the first complex on the left side, right below Queen K Highway. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: None. Do the Commissioners have any questions? There were no questions from the Commissioners. Takaba: Can I have a motion to approve or deny Application No. T16-16. Taniguchi: Move to approve Application No. T16-16, if approved public hearing to be held on February 2, 2017, in Kailua-Kona. Greenwell: Second. Mr. Taniguchi moved that Application No. T16-16, JNG Investment Corporation dba Barcode Karaoke & Grill, for a sale and transfer of the Restaurant General liquor license, Category B2, currently held by Kula Taxi Corporation dba Starz Karaoke & Grill, located at the Ka`ahumanu Shopping Plaza, 74-5467 Kaiwi Street, Suite 6, Kailua-Kona, Hawaii, TMK: 7-4-015:017, be approved for a public hearing to be held on February 2, 2017, in Kailua-Kona, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded. Do we have any discussion? Onizuka: Sale and transfer is there any record of history on this business, on this location? Gerald? Takase: I don't think we had any violations in the recent past. Takaba: Any further discussion? There were no further discussions from the commissioners. JANUARY 5,2017-LIQUOR COMMISSION MINUTES 16 Takaba: If none, all those in favor to approve, say "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Thank you. Mukai: See you in February. Takaba: Application No. 16-17, Fumi's Kitchen, LLC dba Fumi's Kitchen, for an original Restaurant General liquor license. 2. Application No. 16-17 Fumi's Kitchen, LLC dba Fumi's Kitchen, for an original Restaurant General liquor license, Category B2, located at the Alii Sunset Plaza, 75-5799 Ali'i Drive, Building A, Suite 7, Kailua-Kona, Hawai'i, TMK: 7-5-009:030. Richard Ow, Sole Member of the LLC was present. Takaba: Can you identify yourself and your relationship to the business? Ow: Ronald Ow, I'm sole member of the LLC Takaba: Have you read the Application Report? And is it correct? Ow: Yes, everything is correct. Takaba: Okay. Ow: No changes. Takaba: Thank you. Can you describe your business? Ow: Full service restaurant, also offering catering. Takaba: Do we have any public testimony on Application No. 16-17? There was no reply from the public. Takaba: Hearing none, Commissioners do you have any questions? Mukai: Mr. Chair? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 17 Takaba: Yes. Mukai: I have a question. The license permits live entertainment and dancing. Can you describe your operation? When are you having entertainment? Ow: What's happened I opened in December, 2014, and it's been getting more popular for people or groups of people to have a "buy out" of my facility. And, then they will bring in a band, when I say a "band" I mean two or more people playing and sometimes they dance there. They've also requested Karaoke, which I haven't had which I would like to add for the parties at least. So, I wasn't sure if it would. I wanted the flexibility and option to offer maybe outside after I meet the entertainers and they want to play, I have a lanai area, open air dining. Mukai: So, right now your operation doesn't, dancing is more in the event if you rent out, a party. Ow: It would be just for that. Mukai: Not on a regular basis? Ow: No. Mukai: Thank you. Takaba: Any further questions? Onizuka: I'm familiar with the area and I think the previous owner, Ohana Grill, had a Karaoke permit with their license. But, the problem we had, just for your information, the problem we had with them, they turned the volume so high and they have curtains closing, nobody could see inside and the music was so loud that the neighbors, the adjoining businesses were complaining. That's just a point of information from me. That was one of the problems that we had with them. Ow: I'm aware, I've heard about those and also the condominium complex pretty close. Every things close, there's no jalousies, so there all closed windows, there's two doors that will remain closed to keep some of the noise inside, but I'm sensitive to all of that. Everyone in Kona is aware of that. I'm originally from Teshima's so I'm trying to carrying on the tradition of being part of the community. Onizuka: Ron has been in the business for longtime. He's the grandson of Teshima's restaurant. He knows the business, but I just wanted to point that out, if you didn't know about it. Takase: So, Ron would your entertainment be inside or outside? Ow: Right now, it's just the karaoke and then when they have entertainers that come for the parties, the karaoke would be something that I would be possibly continuing on later. But, it's mainly to service the groups that. JANUARYS, 2017-LIQUOR COMMISSION MINUTES 18 Takase: No, but would they be located in the? Ow: Indoors. Takaba: Yes, Dwayne. Mukai: Does the Applicant currently have a liquor license? Takase: No, he has been running the restaurant without a liquor license. Mukai: Without a liquor license, okay got it. Takase: There were previous licensees in that location. I think Ohana was the last one. Mukai: What kind of beverages do you plan to serve, if we do grant you, your liquor license? A full bar? Ow: It will be a full bar, but the main focus will be Sake, Soju, Wine and Beers. That would be the majority of them. Mukai: Thank you. Lopez: Question. Takaba: Yes, Steph. Lopez: The response with the entertainment being inside or outside, you said inside. But, in the application it also states, "also requesting the use of the outside lanai." Is that just for serving not for entertainment, dancing? Ow: When I was originally was talking to the people about setting up the license, they were saying, is it possible at a later date, I may want do, something similar to Lava Java's moving out of our complex to next door to the Coconut cause they have a single person sitting on their outside, so I wanted that option for the lanai diners. Lopez: So, there could be entertainment outside on the lanai. Ow: I thought you were referring to dancing and anything like that. Takase: I think you're aware of it, Lava Java was just actually here this morning has had outdoor entertainment forever it seems like. They had some problems in the beginning, but I think they worked through it. Just so long you're aware of it. Just kind of be aware of it. I wouldn't say, we should not allow him to have entertainment out there but. Lopez: Thank you, I just wanted to clarify what I was reading here. Ow: Thank you. Takaba: Any further discussion? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 19 Onizuka: Mr. Chair, I move to approve Application No. 16-17 and if approved public hearing to be held March 2, 2017, in Hilo. Mukai: Second. Mr. Onizuka moved that Application No. 16-17, Fumi's Kitchen, LLC dba Fumi's Kitchen, for an original Restaurant General liquor license, Category B2, located at the Alii Sunset Plaza, 75-5799 Alii Drive, Building A, Suite 7, Kailua-Kona, Hawaii, TMK: 7-5-009:030, be approved for a public hearing to be held on March 2, 2017, in Hilo, Hawaii; seconded by Mr. Mukai. Takaba: Moved and seconded. Is there any discussion? There were no further discussions from the Commissioners. Takaba: Hearing none, all those in favor say "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Third Item, Application No. 16-18. Ow: Thank you. Mukai: Thank you. Takaba: Thank you. Third item, Application No. 16-18, Kohanaiki Shores LLC dba Kohanaiki Club, Inc., for an original Small Craft Producer Pub liquor license. 3. Application No. 16-18 Kohanaiki Shores LLC dba Kohanaiki Club, Inc. (Brewery), for an original Small Craft Producer Pub liquor license, Category A, located at 73-2055 Ala Kohanaiki, Kailua-Kona, Hawaii, TMK: 7-3-065:064. Allison Aganus, Vice President of Administration at Kohanaiki Club, Inc., representing President Joseph Root was present. Takaba: Morning. Aganus: Good morning. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 20 Takaba: Can you identify yourself and what your relationship is to the business? Aganus: Yes, my name is Allison Aganus and I'm the Vice President for Administration for Kohanaiki and I'm here representing Joe Root, President. We are a private golf residential club. We are looking to open a small brewery within our clubhouse. Basically for members and guests. Takaba: Have you read the application report and is it correct? Aganus: Yes. Takaba: You want to add anything to what you said about your business. Aganus: No. Takaba: Okay thank you. Do we have any public testimony? There was no reply from the public. Takaba: Hearing none, do you have any questions commissioners? There was no questions from the commissioners. Taniguchi: Move to approve Application No. 16-18, if approved public hearing to be held on March 2, 2017, in Hilo, Hawaii. Greenwell: Second. Mr. Taniguchi moved that Application No. 16-18, Kohanaiki Shores LLC dba Kohanaiki Club, Inc., (Brewery), for an original Small Craft Producer Pub liquor license, Category A, located at 73-2055 Ala Kohanaiki, Kailua-Kona, Hawaii, TMK: 7-3-065:064, be approved for a public hearing to be held on March 2, 2017, in Hilo, Hawaii; seconded by Mr. Greenwell. Takaba: It's been moved and seconded to approve. Any discussion? There were no discussion from the commissioners. Takaba: Hearing none, all those in favor of the motion say "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Thank you. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 21 Aganus: Thank you. Takaba: Application No. 16-19, Play Earth Hawaii LLC dba Bohemian Kona, for an original Dispenser General liquor license. 4. Application No. 16-19 (10:00 A.M.) Play Earth Hawaii LLC dba Bohemian Kona, for an original Dispenser General liquor license, Category B1, located at 79-7384 Hawaii Belt Road, Kainaliu, Hawaii, TMK: 7-9-007:006. Azusa Okajima, assistant was present. Takaba: Good morning. Okajima: Good morning. Takaba: Can you identify yourself and your relationship to the business? Okajima: Azusa Okajima, I'll be assisting the restaurant. Takaba: Thank you. Have you read the report and is it correct? Okajima: Yes. Takaba: Thank you. Can you describe your business? Okajima: It's a restaurant at the Aloha Theatre. Asian, fusion restaurant with a bar. Takaba: Is there any public testimony? There was no reply from the public. Takaba: Commissioners any questions? Mukai: I have a question. Takaba: Yes. Mukai: Not sure if you heard, there was an issue with a previous applicant regarding restrooms. You restrooms from what I gather is the Theatre's restroom in the lobby? Okajima: Yes. Mukai: So, would the doors be. How would they get from your restaurant to the restroom? Okajima: Inside the restaurant, there's an exit door that you can go through to the restroom. Mukai: And, I'm assuming the restroom is okay with the Department of Health? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 22 Takase: Yes. As long as restrooms are available within 150 feet of the licensed premises, they qualify. Aloha Theatre actually owns or operates quite often with a Special License, so they have adequate restroom facilities there. Mukai: Thank you. Greenwell: Gerald. Takase: Yes. Greenwell: Do they have to have an arrangement with Aloha Theatre. Does the Board of Health require that they have an arrangement with Aloha Theatre? Takase: The restrooms are available when you're in operation? Okajima: Yes. Takase: They're a tenant of that complex. So, they have the ability to use the bathrooms. Takaba: Any further questions? Mukai: Yes, I have, Mr. Chair. Takaba: Yes. Mukai: I notice that the application, you will have music. Okajima: Yes. Mukai: One, what kind of music is it going to be and is it inside or outside or just inside? Okajima: Inside. With a guitar or ukulele. Mukai: So, just maybe one or two people, quiet music. Not on the outside area? Okajima: Is it okay to do outside? Mukai: I'm just curious. Takase: You can have. Mukai: You can have. I'm just curious to what you're offering. Takaba: Any further questions? Do I have a motion? Mukai: Mr. Chair, I move that we approve Application No. 16-19 and if so approved that the public hearing be held on March 2, 2017, in Hilo. Greenwell: Second. Mr. Mukai moved that Application No. 16-19, Play Earth Hawaii LLC dba Bohemian Kona, for an original Dispenser General liquor JANUARY 5,2017-LIQUOR COMMISSION MINUTES 23 license, Category B1, located at 79-7384 Hawaii Belt Road, Kainaliu, Hawaii, TMK: 7-9-007:006, be approved for a public hearing to be held on March 2, 2017, in Hilo, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve. Any discussion? There were no discussion from the commissioners. Takaba: Hearing none, all those in favor of the motion say "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously Mukai: Thank you Mr. Onizuka. Takaba: Thank you. Taniguchi: She has a question. Okajima: At the bar is it okay to have beer, wine and sake and hard liquor? Takase: Yes, so you asked for a General license so you can serve all types of alcohol. Takaba: Does that answer your question? Okajima: Yes. Thank you. Onizuka: Within the licensed premises. Takase: Within your area? Okajima: Yes. Takaba: Thank you. We see you on March 2nd Okajima: Yes, thank you. VII. Unfinished Business Takaba: There's no Unfinished Business, we'll move on to New Business. VIII. New Business Takaba: Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., ratification of Application for Alteration Permit for a new club house. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 24 /-, 1. Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., ratification of Application for Alteration Permit for a new Club House with a restaurant and recreation room on the lower level and men's and women's locker room spa, approved by Director Gerald Takase on December 9, 2016, to its Club liquor license, located at 73-4676 Queen Ka`ahumanu Highway, Mile Marker 95, Kailua-Kona, Hawaii. Taniguchi: Move to ratify. Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Alteration Permit for Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., Club liquor license, located at 73-4676 Queen Ka`ahumanu Highiway, Mile Marker 95, Kailua-Kona, Hawaii, for the new Club House with a restaurant and recreation room on the lower level and men's and women's locker room spa approved by the Director on December 9, 2016; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor say, "Aye." The commissioners voted "Aye." The motion was carried unanimously. Takaba: Item No. 2, Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., Application for Reduction in Licensed Premises. 2. Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., Application for Reduction in Licensed Premises for the conversion of the Mechanical Room to a Brewery to its Club liquor license, located at 73-4676 Queen Ka`ahumanu Highway, Mile Marker 95, Kailua-Kona, Hawaii. Taniguchi: Move to approve. Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission approve the Application for Reduction in Licensed Premises for Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., Club liquor license, located at 73-4676 Queen Ka`ahumanu Highway, Mile Marker 95, Kailua-Kona, JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 25 Hawaii, for the conversion of the Mechanical Room to a Brewery; seconded by Mr. Onizuka. Takaba: Moved and seconded to approve. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item No. 3, Hualalai Investors, LLC dba Four Season Resort Hualalai ratification for Application for Alteration Permit. 3. Hualalai Investors, LLC dba Four Season Resort Hualalai, ratification of Application for Alteration Permit for the demolishment of the existing Alakai retail and shed, removal of existing rock walls, concrete slabs, pavements and walkways, construct new retail building and storage with open deck pavilion, new pool with deck, new service center with open trellis, adding new trellis to the existing keiki pool and spa and over the existing open slab for the cabanas approved by Director Gerald Takase on December 23, 2016, to its Hotel liquor license, located at 72-100 Ka'upulehu Drive, 97 MM on Queen Ka'ahumanu Highway, Kailua-Kona, Hawaii. Mukai: Move to ratify. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission ratify the Application for Alteration Permit for Hualalai Investors, LLC dba Four Season Resort Hualalai, Hotel liquor license, located at 72-100 Ka`upulehu Drive, 97 MM on Queen Ka`ahumanu Highway, Kailua-Kona, Hawaii, for the demolishment of the existing Alakai retail and shed, removal of existing rock walls, concrete slabs, pavements and walkways, construct new retail building and storage with open deck pavilion, new pool with deck, new service center with open trellis, adding new trellis to the existing keiki pool and spa and over the existing open slab for the cabanas approved by the Director on December 23, 2016; seconded by Mr. Taniguchi. JANUARY 5,2017-LIQUOR COMMISSION MINUTES 26 ri Takaba: Moved and seconded. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor of the motion, signify by saying, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: No. 4, JTJ Enterprises, Inc., dba Quinn's ratification of Application for Temporary Increase in Licensed Premises. 4. JTJ Enterprises, Inc., dba Quinn's, ratification of Application for Temporary Increase in Licensed Premises in the front parking lot for the Kona Christmas Parade held on December 10, 2016, approved by Director Gerald Takase on December 2, 2016, to its Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawaii. Onizuka: Move to approve. Greenwell: Second. Mr. Onizuka moved that the Liquor Commission ratify the Application for Temporary Increase in Licensed Premises for JTJ Enterprises, Inc., dba Quinn's, Restaurant General liquor license, Category B2, located at 75-5655 Palani Road, Kailua-Kona, Hawai`i, for the front parking lot for the Kona Christmas Parade held on December 1, 2016, approved by the Director on December 2, 2016; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. JANUARYS, 2017-LIQUOR COMMISSION MINUTES 27 Takaba: Motion carried. The motion was carried unanimously. Takaba: Item No. 5, Kona Brewing Co., LLC dba Kona Brewing Co., LLC, ratification of Application for Temporary Increase in Licensed Premises. 5. Kona Brewing Co., LLC dba Kona Brewing Co., LLC, ratification of Application for Temporary Increase in Licensed Premises for(1) 24X36 Stage Tent; (1) 20X10 Tent and (10) 10X10 Tents for the Pepper Concert held on December 17, 2016, approved by Director Gerald Takase on December 2, 2016, to its Dispenser General liquor license, Category B2, located at Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kailua- Kona, Hawaii. Taniguchi: Move to approve. Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Temporary Increase in Licensed Premises for Kona Brewing Co., LLC dba Kona Brewing Co., LLC, Dispenser General liquor license, Category B2, located at Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii, for (1) 24X36 Stage Tent; (1) 20X10 Tent and (10) 10X10 Tents for the Pepper Concert held on December 17, 2016, approved by the Director on December 2, 2016; seconded by Mr. Greenwell. Takaba: Moved and seconded. Discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 6, 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 Playing Cards and Texas Hold'em held on December 5, 12 and 26, 2016. JANUARY 5,2017-LIQUOR COMMISSION MINUTES 28 6. 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 Playing Cards and Texas Hold'em held on December 5, 12 and 26, 2016, in the Kona Elks Lodge, approved by Director Gerald Takase on December 2, 2016, to its Club liquor license, Category B2, located at 74-5596 Pawai Place, Bays M & N, Kailua-Kona, Hawaii. Onizuka: Move to approve. Greenwell: Second. Mr. Onizuka moved that the Liquor Commission ratify the Application for Game Permit for Kona, Hawaii, Lodge No. 2616, Benevolent & Protective Order of Elks of the United States of America dba Kona Elks Club, Club liquor license, located at 74-5596 Pawai Place, Bays M & N, Kailua-Kona, Hawaii, for Playing Cards and Texas Hold'em held on December 5, 12 and 26, 2016, approved by the Director on December 2, 2016; seconded by Mr. Greenwell. Takaba: Moved and seconded to approve. Any discussion? There were no discussion from the Commissioners. Lopez: Question? Is that a "striking" that line through or is that just a misplaced underline? Takaba: Excuse me? Lopez: "Will be given free chips to play with, etc." Is that a "strike through?" Takaba: You talking about 6? Lopez: Yes. Nahale-a: On the application, it looks to me like it's just one of the lines on the form. Taniguchi: They typed over the line. Lopez: I was reading this, and it maybe an underline. Takase: It's just the line on the form. It's not a "strike through." Lopez: Bottom line, it's a line, gotcha. Takaba: Thank you, any further questions or discussions? There were no further questions from the commissioners. Takaba: Hearing none, all those in favor of the motion say, "Aye." JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 29 r The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item No. 7, KBXtreme, LLC dba KBXtreme, ratification of Application for Game Permit for Casino Night for the employee party held on December 18, 2016. 7. KBXtreme, LLC dba KBXtreme, ratification of Application for Game Permit for Casino Night for their employee party held on December 18, 2016, approved by Director Gerald Takase on December 12, 2016, to its Dispenser General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii. Taniguchi: Move to approve. Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Game Permit for KBXtreme, LLC dba KBXtreme, Dispenser General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii, for Casino Night for their Employee Party held on December 18, 2016, approved by the Director on December 2, 2016; seconded by Mr. Onizuka. Takaba: Thank you. Any discussion? There were no discussion from the Commissioners. Takaba: Hearing none, all those in favor of the motion please say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 30 Takaba: Item No. 8, Lucy's Taqueria, Inc., dba Lucy's Taqueria, ratification of Application for Live Entertainment and Dancing for the period December 17, 2016 to and including March 16, 2017. Do I hear a motion? 8. Lucy's Taqueria Inc., dba Lucy's Taqueria, ratification of Application for Live Entertainment and Dancing for the period December 17, 2016, to and including March 16, 2017, approved by Director Gerald Takase on December 16, 2016, to its Dispenser General liquor license, Category B1, located at 194 Kilatiea Avenue, Hilo, Hawaii. Greenwell: Move to approve. Taniguchi: Second. Mr. Greenwell moved that the Liquor Commission ratify the Application for Live Entertainment and Dancing for Lucy's Taqueria, Inc., dba Lucy's Taqueria, Dispenser General liquor license, Category B1, located at 194 Kilauea Avenue, Hilo, Hawaii, for the period December 17, 2016 to and including March 16, 2017, approved by the Director on December 16, 2016; seconded by Mr. Taniguchi. Takaba: Moved and seconded to approve. Discussion? There were no discussion from the Commissioners. Mukai: I have a question. Takaba: Yes. Mukai: That's a long period of time. What's going on between December and March? Takase: Nothing. It's for certain weekends or whatever, it's not continuous. Mukai: Okay, it's not continuous. Oh my God, party every night. Okay, thank you. Takaba: Any further questions? There were no further questions from the commissioners. Takaba: All those in favor to ratify say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. JANUARYS, 2017-LIQUOR COMMISSION MINUTES 31 Takaba: Item No. 9, Resorts Hawaii, Inc., dba Fisherman's Landing and dba Hilo Bay Liquors, submits Personal History and Affidavit for Daphne Moinpour. 9. Resorts Hawaii, Inc., dba Fisherman's Landing, Dispenser General liquor license, Category B2, located 75-5744 Ali`i Drive, Space 1136, Kailua-Kona, Hawaii; dba Hilo Bay Liquors, Retail General liquor license, located at 87 Banyan Drive, Hilo, Hawaii, submits Personal History and Affidavits for Daphne Moinpour, Assistant Secretary and Mahmoud Moinpour, Director, effective September 2, 2016, received December 2, 2016. Mukai: Move to accept Personal History and Affidavits. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission accept the Personal History and Affidavits for Daphne Moinpour, Assistant Secretary and Mahmoud Moinpour, Director effective September 2, 2016, for Resorts Hawaii, Inc., dba Fisherman's Landing, Dispenser General liquor license, Category B2, located at 75-5744 Alii Drive, Space 1136, Kailua-Kona, Hawaii; dba Hilo Bay Liquors, Retail General liquor license, located at 87 Banyan Drive, Hilo, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Any discussion? There were no discussion from the Commissioners. Takaba: All those in favor of the motion please say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Three Fat Pigs Inc., dba The Three Fat Pigs, submitting a letter notifying a dba change of name from the The Three Fat Pigs to The Koa Table effective December 27, 2016. 10. The Three Fat Pigs, Inc., dba The Three Fat Pigs, submits a letter notifying a dba change of name from The Three Fat Pigs to The Koa Table effective December 27, 2016, to its Restaurant General liquor JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 32 license, Category B2, located at the Kings' Shops, 69-250 Waikoloa Beach Drive, Space C-01, Waikoloa, Hawaii. Mukai: Move to accept letter. Taniguchi: Second. Mr. Mukai moved that the Liquor Commission accept the letter from The Three Fat Pigs, Inc., dba The Three Fat Pigs, Restaurant General liquor license, Category B2, located at the Kings' Shops, 69-250 Waikoloa Beach Drive, Space C-01, Waikoloa, Hawaii, notifying of a dba change of name from The Three Fat Pigs to The Koa Table effective December 27, 2016; seconded by Mr. Taniguchi. Takaba: Any discussion? There were no discussion from the Commissioners. Takaba: All those in favor of the motion signify by saying, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item No. 11, Special Licenses issued for ratification. I'd like to request a motion for ratification of Special License Application Nos. SP-16-46 to and including Application No. SP-16-52, Item Nos. 11(a) to 11(g). Mukai: So moved. Greenwell: Second. Mr. Mukai moved that the Commission ratify the following Special Licenses: a. Application No. SP-16-46, Aloha Performing Arts Company dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii on December 2, 3 and 4, 2016. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 33 b. Application No. SP-16-47, Aloha Performing Arts Company dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii on December 9, 10 and 11, 2016. c. Application No. SP-16-48, Aloha Performing Arts Company dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii on December 16, 17 and 18, 2016. d. Application No. SP-16-49, ACF Kona Kohala Chefs Charitable & Educational Fund dba ACF Kona Kohala Chefs Charitable & Educational Fund, for a Special General liquor license, held on the Lawn, !mu and Luau Grounds at the Courtyard by Marriott King Kamehameha's Kona Beach Hotel, 75-5660 Palani Road, Kailua- Kona, Hawaii on December 3, 2016. e. Application No. SP-16-50, Feed Hawaii dba Kohala Village Hub, for a Special Beer and Wine liquor license, held at the Kohala Village HUB, 55-514 Hawi Road, Hawi, Hawaii on December 18, 2016. f. Application No. SP-16-51, Aloha Performing Arts Company dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii on December 31, 2016. g. Application No. SP-16-52, Aloha Performing Arts Company dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held inside the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kainaliu, Hawaii on January 7, 13 and 28, 2016. The motion was seconded by Mr. Greenwell. Takaba: Moved and seconded to ratify. Any discussion on any of the items? There were no discussion from the Commissioners. Takaba: All those in favor say, "Aye." JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 34 The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Moving on to Item No. 12, Transient Vessel Licenses issued for ratification. Again, I'd like to request a motion for ratification for Transient Vessel Licenses Application No. TV-16-22 to and including Application No. TV-16-35, Item Nos. 12(a) to No. 12(n). Mukai: So moved. Greenwell: Second. Mr. Mukai moved that the Commission ratify the following Transient Vessel Licenses: a. Application No. TV-16-22, Carnival PLC dba Queen Victoria, for a Transient Vessel liquor license in port Hilo, Hawaii on March 29, 2017. b. Application No. TV-16-23, Princess Cruise Lines, Ltd., dba Emerald Princess, for a Transient Vessel liquor license in port Hilo, Hawaii on May 3, 2017. c. Application No. TV-16-24, Princess Cruise Lines, Ltd., dba Grand Princess, for a Transient Vessel liquor license in port Hilo, Hawaii on January 14, 2017; February 10, 2017; March 15, 2017; April 13, 2017 and May 1, 2017. d. Application No. TV-16-25, Princess Cruise Lines, Ltd., dba Sea Princess, for a Transient Vessel liquor license in port Hilo, Hawaii on April 28, 2017. e. Application No. TV-16-26, Princess Cruise Lines, Ltd., dba Sea Princess, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii on April 29, 2017. JANUARYS, 2017-LIQUOR COMMISSION MINUTES 35 f. Application No. TV-16-27, Princess Cruise Lines, Ltd., dba Star Princess, for a Transient Vessel liquor license in port Hilo, Hawaii on January 9 and 28, 2017; February 15 and 27, 2017; March 18, 2017 and April 27, 2017. g. Application No. TV-16-28, Holland America Line N.V dba ms Zaandam, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii on May 5, 2017. h. Application No. TV-16-29, Holland America Line N.V dba ms Zaandam, for a Transient Vessel liquor license in port Hilo, Hawaii on May 6, 2017. i. Application No. TV-16-30, Holland America Line N.V dba ms Westerdam, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii on January 24, 2017 and February 24, 2017. j. Application No. TV-16-31, Holland America Line N.V dba ms Westerdam, for a Transient Vessel liquor license in port Hilo, Hawaii on January 20, 2017 and February 25, 2017. k. Application No. TV-16-32, Holland America Line N.V dba ms Noordam, for a Transient Vessel liquor license in port Hilo, Hawaii on April 22, 2017. I. Application No. TV-16-33, Holland America Line N.V dba ms Maasdam, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii on April 2, 2017. m. Application No. TV-16-34, Holland America Line N.V dba ms Maasdam, for a Transient Vessel liquor license in port Hilo, Hawaii on March 30, 2017. n. Application No. TV-16-35, Holland America Line N.V dba ms Amsterdam, for a Transient Vessel liquor license in port Hilo, Hawaii on January 25, 2017. The motion was seconded by Mr. Greenwell. Takaba: Moved and seconded to ratify. Any discussion on any of the items? JANUARY 5,2017-LIQUOR COMMISSION MINUTES 36 There were no discussion from the Commissioners. Takaba: All those in favor say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item No. 13, Honoka`a Enterprises, LLC dba JJ Country Market, requests to transfer their remaining liquor inventory to Island Forager LLC dba Island Forager General Store. 13. Honoka`a Enterprises, LLC dba JJ Country Market, by email received on January 3, 2017, requests to transfer their remaining liquor inventory to Island Forager LLC dba Island Forager General Store, Retail General liquor license, T-RG-713 effective December 30, 2016, located at 45-3745 Honoka`a Waipio Road, Honoka`a, Hawaii. Mukai: So, we making a motion that we received that? Okay, so moved. Onizuka: Second. Mr. Mukai moved that the Liquor Commission approve the request to transfer the remaining liquor inventory from Honoka`a Enterprises, LLC dba JJ Country Market, to Island Forager LLC dba Island Forager General Store, to its Retail General liquor license, T-RG-713, effective December 30, 2016, located at 45-3745 Honoka`a Waipio Road, Honoka`a, Hawaii; seconded by Mr. Taniguchi. Takaba: Any discussion? Mukai: Yes, I had a question. So, Gerald, so what's happening here? Takase: They're transferring their stock. Greenwell: They are transferring or they are selling out? Takase: JJ Country Market is closing. Greenwell: Yes. Takase: So, they're going to transfer their inventory to the new owner, Island Forager. Greenwell: Change of ownership? Mukai: Or selling? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 37 Takase: The Mattos, Jill Mattos (JJ Market) is closing and she's going to sell to the De Luz's (Island Forager). Her inventory is being sold to them. Takaba: Any further questions? There were no further questions from the commissioners. Takaba: Hearing none, all those in favor of the requested transfer say, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item No. 14, Application No. 15-16, Dubidee LLC dba Mi's Waterfront Bistro, to request an extension of approval of its Application for a Change of Location of Restaurant General liquor license for an additional six months. 14. Application No. 15-16 Dubidee LLC dba Mi's Waterfront Bistro, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests an extension of approval of application of its Change of Location of its Restaurant General liquor license, Category B2, for an additional six months, to July 7, 2017. Taniguchi: Move to approve. Onizuka: Second. Mr. Taniguchi moved that pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Liquor Control of the County of Hawaii, State of Hawaii, grant permission to Dubidee LLC dba Mi's Waterfront Bistro (Application No. 15-16), to extend the time of approval of application of its Change of Location of its Restaurant General liquor license, Category B2, for an additional six months, to July 7, 2017; seconded by Mr. Onizuka. Takaba: Moved and seconded. Any discussion? Taniguchi: Yes, I have a question. Where is this located? Takase: It's located upstairs in Waterfront Row. Taniguchi: By Bubba Gumps? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 38 Takase: It's next door. Where it used to be the Chart House. Now it's. Taniguchi: Okay. Takase: It's Daylight Mind Company. Onizuka: Use to be Hooters. (Chuckling) Lopez: Can I ask a question about the temporary license versus the six months? The temporary license, would last them for six months? Or would they need to re-apply? Takase: They're kind of into their transition period, they need to come back to the Commission for an extension. Lopez: For the temporary? Takase: Yes, because they went past their year already. Lopez: Okay. Takase: They are pretty close to getting their license. They're just having some problems with the Building Department. I have it on good authority that it will get cleared up soon. Lopez: It's a non-issue? Is that what I'm hearing? Takase: They are in operation and the latest was they need to put a panic door on the gate outside. There's like a little fence outside of their premises. They wanted panic hardware on it. They don't really own it. It's really "common area." Gail said, she can jump over it, if she had too. So, I'm going to take it, as a not very high. Lopez: They got the panic door and they got the notification in the newspapers, which is already in the process. It's good to go! Takase: It's working the way it should. Lopez: All right, I trust you, all right. Greenwell: Gerald? Takase: Yes. Greenwell: Back to No. 13, so this liquor is transferred from the Mattos Family to the De Luz Family? Takase: Correct. Greenwell: Do they come forward to us now looking for licensing or how do they hold this liquor? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 39 Takase: De Luz already have a license. They are RG-713, so they're going to take over. Greenwell: The stock? Takase: Yes. Greenwell: The liquor stock. Takaba: Can you hold the question? Can we finish No. 14, first? Any further questions on No. 14? There were no further discussion from the Commissioners. Takaba: All those in favor signify by saying, "Aye." The commissioners voted "Aye." Takaba: Those Opposed? There was no opposition by the commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: We can go back to No. 13, informally. Takase: JJ Market is going to close. Island Forager is taking over the store. They're just transferring whatever inventory that had in the old store into the new store. Greenwell: They already have the liquor license? Fujimoto: Not yet. Takase: When is it coming up? Fujimoto: Maybe in couple weeks. The new ownership will be taking over JJ Country Store. Takase: Okay, so, they don't have a license yet. They can't sell it, but they're going to hold it rather than try to send it back to the wholesalers. Island Forager is like the successor entity. Greenwell: They can legally hold the liquor as an individual. Takase: Since they're coming in. Greenwell: Until they have an application. Takase: They have an application in. It just haven't come up to the commission yet. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 40 Takaba: Does that answer your question? Anything further on anything we discussed that anyone else wants to bring in? Takase: Mr. Chairman, we do have one more matter. This is Leslie Lai, maybe she can come up. Leslie Lai, is the owner of Kaleo's in Pahoa. She has applied for an increase on her licensed premises, she bought an adjacent building on her property and she wants to operate as a second dining area for Kaleo's. The reason that she's here today, she's asked whether she needs to do a public notice for an increase in the premises or not. It's an expansion in terms of where she can serve, but I think her whole property was previously licensed? Lai: I bought that property because I needed more parking and came with a building. It's right in my parking lot and so everybody has known that as a part of Kaleo's. Takase: So, it wasn't part of your licensed premises? Lai: That building, "no." Takase: Was it on your property? Lai: When I originally took over the property, "no." And then a year later, I bought this parcel and I cleared it to have additional parking and it had a building on it. Takaba: Is it zoned properly? Is it zoned commercial? Lai: Yes, it's right on Pahoa Village Road. Onizuka: Was there any opposition on the initial granting of license? Takase: Gee, I don't know. Gail, do you? Gail, was there any opposition to her original license. Fujimoto: No. Takase: I don't think so. I'll just say from our standpoint, I originally thought this was an original part of the whole parcel. But, since it's something recently purchased, I would think you should probably go through a regular notice requirements. Mukai: My thought was, if it's a separate TMK, I think we got to go through the process. Takase: I gave you a temporary already. I think better you go through the regular notification process. Lai: Okay. Takase: That would be the best. Mukai: It's actually on the other side of the driveway as you come in right? In your parking lot? JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 41 Takase: It's separated by the parking lot. Lai: Right. Mukai: And then this is only for information, is that separate building going to have a separate bar and separate entertainment, like a musician and all that? What's the plan for the building? Lai: It's additional dining. We have a lot requests for private parties and on the special holidays we turn away so many people. So, my thought to just to use it for those special events or as an additional seating. It would still be known as Kaleo's it wouldn't be known as a different entity. If we could, yes, we might have musician there and a portable bar. The Department of Health has already okay'ed that location. I haven't really decided what I'm going to do with it. Mukai: Okay, thank you. Nahale-a: I have a question. Approximately how far away from the original, the restaurant now do you know? Lai: I'd say more than a 100 feet. Nahalea-a: That's pretty close. Surrounding neighbors to the new building that you'd like to add? Are there business around? Lai: We're right on Pahoa Village Road, so Luquins is across, it's mostly commercial. Nahale-a: Okay thank you. Taniguchi: I have a question. The food is prepared on this side and you're going to walk it across the parking lot? Lai: Uh huh. Yep, additional dining or if we do a private party. Taniguchi: Is this additional dining? Lai: I haven't worked that part out yet. But, mostly I'm thinking that it will be some appetizers while they're waiting for their table. Cause we don't really have an overhang and people get wet. We don't have anywhere for people to wait for a table. Taniguchi: Okay, thank you. Nahale-a: Ocean Sushi did something like that. They had two properties across the road of each other. They would cook on one, and then walk the food across the street to the other side. Mukai: Ocean Sushi has done that. Nahale-a: That's what I'm saying. Mukai: Dodge the traffic. JANUARY 5, 2017-LIQUOR COMMISSION MINUTES 42 Lai: Thank you. Mukai: Thank you very much. Takase: So, Gail will work with you or me. IX. Announcements Takaba: Moving on to announcements. The next meetings, one is February 2, 2017, 10 a.m., Department of Liquor Control, West Hawa`i Civic Center. The March 2, 2017, will be at the Hilo Lagoon again. Those are the next two meetings. Meetings of Liquor Commission: February 2, 2017, 10:00 A.M., Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. March 2, 2017, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. Takaba: Gerald, anything else you want to bring up? Takase: No, I'm good. Takaba: Motion to adjourn. Taniguchi: So moved. Onizuka: Second. Takaba: Moved and seconded to adjourn. All say "Aye." The commissioners voted "Aye." Meeting adjourned at 11:04 a.m. rn...4t4ei iir_ Gerald Tak s Director The January 5, 2017, Liquor Commission Minutes were approved as circulated via email/mail on January 26, 2017, by the Liquor Commission of the County of Hawaii on February 2, 2017. JANUARY 5, 2017—LIQUOR COMMISSION MINUTES 43