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HomeMy WebLinkAbout2017-08-03 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION AUGUST 3, 2017 WEST HAWAII CIVIC CENTER, 74-5044 ANE KEOHOKALOLE HIGHWAY, BUILDING B, 2ND FLOOR, KAILUA-KONA, HAWAII I. CaII To Order The meeting was called to order by Chair William Takaba at 10:00 A.M., in the Meeting Room, Department of Liquor Control, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building B, 2nd Floor, Kailua-Kona, Hawaii. The following were present and constituted a quorum: Commissioners: William Takaba, Chair Art Taniguchi, Vice Chair Warren Arakaki, Commissioner David Greenwell, Commissioner Stephen Lopez, Commissioner Shelby Nahale-a, Commissioner Claude Onizuka, Commissioner Absent and Excused: None Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Gail Fujimoto, Licensing Officer Stacie Waltjen, Licensing Tech I Nyssa Aoki, T/A Secretary to the Board & Commission Takaba: I'd like to call this meeting to order. If you have a cell phone, would you please put it on silent? Let's begin with introductions, starting with Nyssa. Aoki: Good morning, Nyssa Aoki, T/A Secretary to the Board and Commission. Waltjen: Good morning, Stacie Waltjen, Licensing Tech. Fujimoto: Gail Fujimoto, Licensing Officer. Takase: Gerald Takase, Director. Arakaki: Warren Arakaki, Commissioner. Onizuka: Claude Onizuka, Commissioner. Takaba: Bill Takaba, Commissioner. Masuda: Craig Masuda, Commission Counsel. Taniguchi: Art Taniguchi, Commissioner. Nahale-a: Shelby Nahale-a, Commissioner. Lopez: Steve Lopez, Commissioner. Greenwell: David Greenwell, District 9 Commissioner. Gonzalez: Brandon Gonzalez, Administrative Officer. Takaba: Okay, thank you. 1I. Approval of Minutes (July 6, 2017) Takaba: We will move on to the approval of minutes. The July 6, 2017, meeting minutes were circulated via e-mail/mail on July 27, 2017. Do we have a motion? Taniguchi: So moved. Onizuka: Second. Mr. Taniguchi moved that the July 6, 2017, Liquor Commission minutes be approved as circulated; seconded by Mr. Onizuka. Takaba: It has been moved and seconded. Is there 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, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. III. Approval of Addendum and/or Supplemental Agenda Takaba: We have addendums to the agenda, Items 11 through 15. Pursuant to Section 92-7, Hawaii Revised Statutes, as amended, Items 11, 12, 13, 14, and 15 are proposed amendments to the agenda and have been determined not to be of reasonably major significance, nor does it affect a significant number of persons and are AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 2 proposed for placement on the agenda by two-thirds vote of the Commission. Do we have a motion? Onizuka: Move to approve Taniguchi: Second. Mr. Onizuka moved that the Liquor Commission amend/add the following items to its agenda; seconded by Mr. Taniguchi. 1. New Business, Item Nos. 11, 12, 13, 14 and 15, ADD new paragraphs to read: 11. Limberg Inc., dba Oceans Sports Bar and Grill, 6 -month progress report by the Department of Liquor Control on the trial period to temporarily amend its liquor license condition to keep the makai and front -facing windows open when live entertainment or amplified entertainment is provided for by DJ before 10:00 P.M., to its Dispenser General liquor license, Category 82, located at the Coconut Grove Marketplace, 75-5811 Alii Drive, Kailua-Kona, Hawaii. 12. Waikoloa Village Association, dba Waikoloa Village Golf Course, submits Personal History and Affidavit for Douglas William Jones as Director, effective May 6, 2017, received on June 26, 2017, to its Restaurant General liquor license, Category 82, located at 68-1792 Melia Street, Waikoloa, Hawaii. 13. Hilo Lodge, No. 759, of the Benevolent and Protective Order of Elks of the United States of America, dba B.P.O. Elks No. 759, submits Personal History and Affidavit for Kyle Yoshio Usui as Director, effective January 1, 2017, received on July 27, 2017, to its Club liquor license, Category 82, located at 150 Kinoble Street, Hilo, Hawaii. 14. Wilson Creek Winery & Vineyards, Inc., ratification of Application for Solicitor's Permit for Chuck Spiegel, approved by Director Gerald Takase on March 17, 2017. 15. Kamaaina Lounge, Inc., dba Sam's Hideaway, submits Personal History and Affidavit for Kimberly M. Kekaula as Vice President, effective October 1, 2016, received on July 31, 2017, to its Dispenser General liquor license, Category A, located at 75-5729 Alii Drive, Kailua-Kona, Hawaii. Takaba: Moved and seconded to add Items 11 through 15 to the agenda. Discussion? There was no discussion from the Commissioners. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 3 Takaba: This is a roll call vote. Nyssa? Aoki: Commissioner Onizuka? Onizuka: Aye. Aoki: Commissioner Nahale-a? Nahale-a: Aye. Aoki: Commissioner Lopez? Lopez: Aye. Aoki: Commissioner Greenwell? Greenwell: Aye. Aoki: Commissioner Arakaki? Arakaki: Aye. Aoki: Commissioner Taniguchi? Taniguchi: Aye. Aoki: Chair Takaba? Takaba: Aye. The motion passed by the following roll call vote: Ayes: 7 (Onizuka, Nahale-a, Lopez, Greenwell, Arakaki, Taniguchi, Takaba); Nays: 0; Absent: 0; Vacant: 2. Aoki: Chair, the "Ayes" have it. Takaba: Thank you. Motion carried. The motion was carried unanimously. IV. Public Statements on Agenda Items Takaba: We will move on to public statements on the agenda items. Is there anyone wishing to speak on any of the items on the agenda? There was no reply from the public. Takaba: Hearing none. We will move on to public hearings. V. Public Hearings Takaba: The first item is Application No. 16-35, O&J LLC, dba Waikoloa Restaurant and Bar, for an original Restaurant General liquor license, Category B2, located at the Waikoloa Village Clubhouse. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 4 1. Application No. 16-35 O&J LLC, dba Waikoloa Restaurant and Bar, for an original Restaurant General liquor license, Category B2, located at the Waikoloa Village Clubhouse, 68-1790 Melia Street, Waikoloa, Hawaii, TMK: 6-8-003:008. Miho Yoneyama, Representative, was present. Monte Anglin and Pat Shields, Testifiers from the Waikoloa Fairways Association, were both present. Takaba: Do we have a representative for O&J LLC? There was one protest letter submitted. Do all of you have that letter? Lopez: There are two; they're stapled together. Takaba: I'm sorry. We have two; one from Henry Albright and the other is from Sylvia Albright, dated June 21, 2017. Takase: They're here. Takaba: Do you want to testify? Anglin: Yes. Masuda: Once you get settled, can you please identify yourself? Anglin: Yes, I am Monte Anglin. I am the owner of Unit #A204, in the Waikoloa Fairways. This is the complex just below the clubhouse and restaurant. The only thing separating us from the restaurant is a large gravel parking lot and a few bushes. I am the President of the Board of Directors of the Waikoloa Fairways Association. The Board has received a number of complaints on noise in the past. We're not opposed to the liquor license portion, however, the application for music has been very disruptive to some owners in the past. To give a frame of reference, the clubhouse and the restaurant is in the middle of the residential area. There are no other businesses nearby. The closest business, which is the shopping center, is about a mile away. The complex and the golf course are surrounded by condominiums and private homes in other areas. The amount of noise generated by the prior tenant, "Banjy's Restaurant and Grill" was so loud at times that when the owners tried to complain to the restaurant, no one in authority could be contacted. Ultimately, there were a few calls to the Liquor Board for compliance with the loud noise. Someone came out and monitored the noise level and found it was far too excessive. From what I understand, a warning was delivered to the restaurant. After a couple of times of this problem occurring, nothing changed and the owners gave up. I would like to get clarification on the hours of noise levels. The Village Association has a ten o'clock curfew for loud noise and I understand the applicant has requested until midnight. Ten o'clock is late enough, even on the AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 5 weekends. We would like to request the noise be terminated after 10:00 P.M. There also has to be some level of measurement on how loud it can be. It's easy to monitor, but when it's booming into someone's home, it's far too loud. We'd like to have some level of noise that's permitted and on occasion, monitor to see if they're in compliance. Thirdly, we'd like to have a way to contact someone in authority at the restaurant. That way, if there is a problem, we can deal with it as neighbors rather than having to call the police and issue a complaint. Those are the three conditions. There are also special occasions such as "St. Patrick's Day" and "Cinco de Mayo," which are celebrated as drinking days. The prior tenant had special parties that always ran well beyond ten o'clock. We'd like to keep the music and dancing from Thursday to Sunday, which seems reasonable. If there is a special event, have it on those four days of the week, rather than on a Tuesday or Wednesday when people have to wake up the next day to go to work or want to get some rest. It's just a little inconsiderate for the residents who live there all the time. If we don't have a way to contact someone in authority to get the music lowered, what options do we have other than to call the police? They say, "it's not our job, you better call the Liquor Board." This usually occurs at ten or eleven o'clock at night and it's very inconvenient for everyone involved. We'd like to have some method of contacting the people who have the responsibility and authority to tune it down if it's over the top. Takaba: Thank you. For the record, are you representing yourself? Anglin: I'm representing myself. The Board has asked me to represent the Board of Directors at this hearing as well. The Board represents the owners. I did bring another Board Member with me who is also a permanent resident owner in the complex. We have all been challenged on the Board with, "can't you do something about this loud noise after ten o'clock during the evening hours?" Takaba: Anybody else? Shields: I would just like to add one more thing. Masuda: Ma'am, can you state your name? Shields: Pat Shields, Board of Directors of the Waikoloa Fairways. I'd like to add one thing to Monte's comments that even when the noise gets loud, people hear it with their doors and windows closed. It still goes, "boom, boom, boom, boom." It seems like there should be some limit to that noise. It is in a residential area. Thank you. Takaba: Thank you. Gerald, would you like to give us a report? Takase: I don't see the owner here. Miho, are you representing the owners? Can you come up? Yoneyama: This is Miho Yoneyama, speaking on behalf of Ofelia Shively, who has taken over the restaurant. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 6 Takaba: What's your relationship to the business? Are you representing the owners? Yoneyama: Yes. Takase: I have some questions. Miho, are you familiar with what kind of operation they are going to run? Yoneyama: Yes. Takase: Are they going to have live music? Yoneyama: Yes, they will. Takase: Until what time? Yoneyama: She informed me it would be from 6:00 P.M. until 10:00 P.M. Takase: How many nights? Yoneyama: She said, "once a week; live music with the guitar and it has a speaker on it. Friday is karaoke night but music hours are not steady and only for special occasions." Takase: Were you ever able to meet with the owner? Anglin: No, the owner is living in California. This is a fairly new restaurant. I would like to comment that everyone at the Fairways is pleased that the restaurant is reopening with the new owner who hopefully will be more accommodating to the neighbors. We are optimistic but we want to make sure our concerns are at least voiced clearly. We are not opposed to live music or karaoke but concerned about the volume, the hours of operation and the days of the week. If the intent is from 6:00 P.M. to 10:00 P.M., that would certainly satisfy the ten o'clock target "noise abatement program." We would like to see that complied with by the restaurant. We're not opposed to the Friday night entertainment. Special events concern us a little, if they occur outside of the weekend. We'd like to see those "special events" celebrated on a Thursday to Sunday basis and not necessarily on the actual day of event. Takaba: Under their license, are they authorized to have live music? Takase: Well, without any restrictions by the Commission, they could actually have music until 2:00 A.M. Takaba: I noticed the previous owners, "Banjy's" had two noise violations. What were the violations? Takase: They exceeded their noise level. They weren't exceeding the hour restrictions, but they were over the volume. They were over the allowable limits. Takaba: And did this happen before or after 10:00 P.M? AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 7 Takase: I don't recall but probably after 10:00 P.M. I think up until 10:00 P.M., the owners tolerated it. Anglin: Yeah, people were tolerant up until 10:00 P.M. Takaba: Was it a resident that made the complaint? Takase: I can't recall, but I'm pretty sure. Anglin: I believe it was a resident of the Waikoloa Fairways. We're the ones in the most direct path from the noise of the restaurant. There are buffers of trees or buildings between us and the restaurant. Takase: They've been in operation since about May 1. Have you folks had any problems since then? Anglin: We have not, to this juncture, had any issues. Takase: Miho, do you know if they've had any entertainment since they opened? Yoneyama: I don't have a clue. Takase: Mr. Chairman, I'm willing to meet with the owner and the Fairway Villas — Anglin: Waikoloa Fairways. Takase: Oh, Waikoloa Fairways and owners, to see if we can come up with an agreement on terms. We can then come back to the Commission; especially since the owner is not here. I want their commitment that they're going to do it rather than put Miho on the spot. They are operating under a temporary license. Maybe if we can continue this matter in a month or two. This will give us a chance to work with both sides and reach an agreement. Takaba: Does anyone have any questions? Lopez: Not a question, but I think it's an excellent suggestion on getting in contact with the owner and these folks. I'd like to note one thing he said which I think is critical to any business. There has got to be somebody on-site when the problem is felt. These folks need someone they can contact and an absentee owner is not the one. I'd like to see that part of the discussion. Takaba: There has got to be a manager on duty? Takase: Yeah, they do have managers on duty. Masuda: Gerald, did you want it in Kona or Hilo? Takase: I was hoping on coming back to Kona. That would be the easiest for all parties. That may give us time to schedule a meeting. We can continue the public hearing to two meetings. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 8 Anglin: Just to summarize, it's a point of contact, the days of music and entertainment, the hours of operation and a specified level of a loud noise. Those are short of the four points. I know it's hard to monitor the level, but I also recognize when you're sitting in your unit, the walls are bouncing and you're 100 yards away. You would think it shouldn't be quite that loud. I don't know how to monitor it at the restaurant level, but I certainly know when the owners feel they can't go to sleep with the loud noise that's occurring. Onizuka: How is your relationship with the Waikoloa Village Association? Anglin: We're very strong. Onizuka: And they're not supporting you? Anglin: I don't know how to answer that. Onizuka: They are supposed to be overseeing all the condos, right? Anglin: They have "CCR's" in terms of what you can and can't do, the hours of operation and how you must keep your property looking and alike. You need permission from them to make changes to your property. We work with them on a regular basis about our landscaping plans and how things are working, in that regard. But when we talk to them about issues related to individual owners with other things, they say, "you need to deal with that yourself." Onizuka: I'm not talking about individual condo owners. This is a restaurant within the Association. Anglin: Yes. Onizuka: I think the Association should be responsible to you, as President of your Association and resolve this within your community. If your Association is not going to support you, you can ask for all the support from us but it's not going to work. Anglin: I will certainly meet with the manager. Onizuka: I would ask the Director when you go ahead with your process of discussion that you include the Waikoloa Village Association. Anglin: That's a great suggestion. Onizuka: Another point, even if we should set restrictions on this license say at 10:00 P.M., if they exceed that or if the sound is loud, you can file a complaint and we can investigate that. You can even come back and we can revoke that. We can make it so there is no amplified music. There are other solutions, but hopefully you folks can work it out. Takaba: Isn't the Waikoloa Village Association the landlord? Anglin: Yes. AUGUST 3, 2017- LIQUOR COMMISSION MINUTES 9 Takaba: There might be a conflict. Takase: Yeah, they are overseeing it but it's their tenant. We will have them come in and at least be a part of this conversation. They are right there so they will be the easiest to complain to as well. I'll ask Roger to come in when we do have the meeting. Anglin: I would just like to add, when a formal complaint is filed, it doesn't build a strong relationship between the business and the community that filed the complaint. We would much prefer to deal with this on a one-on-one level rather than involving a compliance and formal order. If we have a problem, then I agree, that's the solution that makes sense. I think it's better if we can do that through you folks rather than the police. People call the police on their neighbors when there's a large party all night, but we'd rather deal with this directly with the owner. We're not out to get their license revoked. Takase: We did talk to this owner previously about "Banjy's" and what had happened. She wants to be a restaurant first rather than a bar. If she does well as a restaurant, then usually you don't have to do the late night and other things. From your perspective, if you tell the Association to support this restaurant and she does well, this makes things go a lot easier. There is some "give and take" on both sides. Anglin: Yes. Takase: I will meet with both of you and make a resolution. Anglin: Outstanding. I appreciate that. Takaba: Thank you, Gerald. Onizuka: Mr. Chair, I move that we continue the public hearing to the October meeting. Nahale-a: Second. Mr. Onizuka moved that the public hearing on Application No. 16-35, O&J LLC, dba Waikoloa Restaurant and Bar, for an original Restaurant General liquor license, Category B2, located at the Waikoloa Village Clubhouse, 68-1790 Melia Street, Waikoloa, Hawaii, TMK: 6-8-003:008; be continued to October 12, 2017, in Kailua-Kona; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 10 There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Okay, Item 2, Application No. 16-36, UIu Development LLC, dba Magics Beach Grill, for an original Dispenser General liquor license, Category B2, located at the Kona Magic Sands. Can you identify yourself and your relationship to the business? 2. Application No. 16-36 UIu Development LLC, dba Magics Beach Grill, for an original Dispenser General liquor license, Category B2, located at the Kona Magic Sands, 77-6452 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-7-008:022-0038. Mattson Davis, Managing Member and President, was present. Davis: Mattson Davis, President of UIu Development. Takaba: Do you have any changes to the report? Davis: No. Takaba: Can you describe your business? Davis: It's a casual ocean front dining restaurant with a bar and fresh flavors. We are doing a full make over to a 1965 building. Takaba: Director, report of protest? Takase: Mr. Chairman, the applicant mailed 40 out of 42 notices within 100 feet; 280 out of 286 within 500 feet and 4 notices to condominium of apartment managers. There were 285 properties entitled to protests and there were no protests to this application. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Hearing none. Do we have a motion? Lopez: Move to close public hearing. Onizuka: Second. Mr. Lopez moved that the public hearing on Application No. 16-36 be closed; seconded by Mr. Onizuka. Takaba: Moved and seconded to close public hearing. Do we have any discussion? Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 11 Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Do we have a motion to approve or deny? Onizuka: Move to approve Application No. 16-36, pending final inspection. Takaba: Do I hear a second? Taniguchi: Second. Mr. Onizuka moved that Application No. 16-36, Ulu Development LLC, dba Magics Beach Grill, for an original Dispenser General liquor license, Category B2, located at the Kona Magic Sands, 77-6452 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-7-008:022-0038, be approved pending final inspection; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Masuda: Hold on, the Hearings [sic Administrative] Officer has something. Takase: I'll just read it. There was one protest, actually. It just came in. Do you want to come up and read your testimony? Cynthia Brooks, Protestor, was present. Takaba: For the record, we are in the process of voting, so if there are no objections, we are going to cancel the motion. There were no objections by the Commissioners. Brooks: First of all, I just want to say I'm not opposed to him getting a liquor license. I whole-heartedly want him to get a license. My area of concern has to do with the category of having live music because I own a unit right above. Any time I've lived or owned a place with live music playing down below, I felt there has always been an issue in terms of the music. That's my area of concern. Onizuka: Question. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 12 Takaba: Yes. Onizuka: How long have you lived there? Brooks: It's been in my family since 1981. Onizuka: So the restaurant was always there? Brooks: Yeah. Davis: She doesn't live there. Brooks: It's my residence, but I don't live there full-time. Takaba: Commissioners, do you have any questions? Taniguchi: I have a question. What kind of license did the previous owners have? Takase: Same type of license. I don't know if they had music. Brooks: I've never heard any music from "Anthony's." I've heard music playing when it was "Jameson's." They had live music playing which was an acoustic guitar. When my dad passed, I inherited the condo in 2002 and I've never heard music down there from any establishment. Takase: They did have music in the past. It was more dinner music, not really — Brooks: Not like a band or something like that. Takase: You can ask Mattson what kind of music he's going to have. Davis: We had a nice conversation outside. Some of you might remember the famous and enjoyable, George Na`ope, rolling out of "Lagoons" and down to "Dorians" with Aunty Betty, I believe it was. If he wanted to pull out his ukulele, we needed a license for that. My intention is to have the opportunity for a wedding or a gathering to have a single player of music. I have run businesses like this for some time and it's very expensive to have live music on a regular basis. That is not our intention. It's a beautiful place surrounded by beautiful scenery. It's not going to be about the music but about the community and comradery. I do want to have options so when I do have Sunday brunch, a wedding party or reunion, if they want to have a little music then its fine. Cindy had asked me specifically if "Poncho Man" was going to play and I said, "no." Cindy and I had a nice conversation outside. She now has my business card and I, of course asked her to call me at any time to have a conversation. It's quiet at ten o'clock in the condos and we are about those "CCR's" and making sure everything is in compliance. I go to bed before 10:00 P.M., so I understand what that means. We're not about that rowdiness and the reputation we have is not about that. We've had concerts in the back of the brewery and those were very specific events. This is a small quiet restaurant. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 13 Brooks: I have a question. He said music would be an option for weddings and special events. Would he be able to apply for special permits? Takase: He could. It has to come through a process and it has to come through the Commission. It's a very cumbersome process to do. They would have to know way in advance. Usually, we like to know up front and to keep issuing notices for special events is not practical for anybody. We either give them the authority to do it or not. You can talk to Mattson about it. I don't know if you know him previously. Brooks: I do. Takase: I think he's a good business person. Brooks: I think he's going to do great down there, personally. Takase: I would say give him a chance and if it does become a problem, you're always free to come back. Brooks: I agree with that. My biggest concern isn't with him specifically, it's if something was to happen to him or Ulu Development and somebody else took over. I'm really not concerned with how he's going to operate. I'm looking in the future, 20 or 30 years from now, when he's no longer around. Takase: Like I told the last people here, if they run a successful restaurant, the music part is usually not a big problem. Brooks: And I hope it's very successful. Davis: Thank you. Takaba: Would someone like to make a motion? Onizuka: Move to approve Application No. 16-36, pending final inspection. Taniguchi: Second. Mr. Onizuka moved that Application No. 16-36, Ulu Development, dba Magics Beach Grill, for an original Dispenser General liquor license, Category B2, located at the Kona Magic Sands, 77-6452 Alii Drive, Kailua-Kona, Hawaii, TMK: 7-7-008:022-0038, be approved pending final inspection; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Any discussion? Does anyone have further questions to that? There were no further discussion or questions from the Commissioners. Takaba: Hearing none. All those in favor of the motion signify by saying "Aye." The Commissions voted "Aye." AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 14 Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Davis: Thank you very much. VI. Preliminary Hearings Takaba: Moving on to preliminary hearings. Application No. T17-01, DHL Mahi Liquor LLC, dba The Mauna Lani Bay Hotel and Bungalows, for a sale and transfer of the Hotel liquor license, currently held by Mauna Lani Resort (Operation), Inc., dba The Mauna Lani Bay Hotel and Bungalows. 1. Application No. T17-01 DHL Mahi Liquor, LLC, dba The Mauna Lani Bay Hotel and Bungalows, for a sale and transfer of the Hotel liquor license, currently held by Mauna Lani Resort (Operation), Inc., dba The Mauna Lani Bay Hotel and Bungalows, located at 68-1400 Mauna Lani Drive, South Kohala, Hawaii, TMK: 6-8-022:015. Terrance Lee, Esq. and Patrick Fitzgerald, Manager, both were present. Lee: Good afternoon, Mr. Chairman and Commissioners. Terry Lee, Counsel for the applicant. To my left is Pat Fitzgerald, who is the Manager of the applicants LLC. We have reviewed the report and we have no changes. Takaba: Excuse me, what was the statement? Lee: We reviewed the investigative report [sic Report to Commission] and it's fine. We have no changes. Takaba: Okay, no changes. Can you describe the business? Fitzgerald: It's the Mauna Lani Bay Hotel. Obviously, we have several outlets there and we are very honored to have acquired it. We are looking forward to making it more successful. Takaba: Is the application for the whole facility? Fitzgerald: Yes, sir. Takaba: Do we have any public testimony? There was no reply from the public. Takaba: Hearing none. Can we have a motion? AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 15 Onizuka: Move to approve Application No. T17-01. If approved, public hearing to be held on September 7, 2017, in Hilo, Hawaii. Nahale-a: Second. Mr. Onizuka moved that Application No. T17-01, DHL Mahi Liquor, LLC, dba The Mauna Lani Bay Hotel and Bungalows, for a sale and transfer of the Hotel liquor license currently held by Mauna Lani Resort (Operation), Inc., dba The Mauna Bay Hotel and Bungalows, located at 68-1400 Mauna Lani Drive, South Kohala, Hawaii, TMK: 6-8-022-015, be approved for a public hearing to be held on September 7, 2017, in Hilo, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Is there any discussion? Taniguchi: Just a quick question. This is for the whole thing, right? The golf course, too? Lee: Yes. Fitzgerald: Whatever the hotel liquor license covers. Taniguchi: It says, "Mauna Lani Resort (Operation), Inc., dba Bay and Bungalows." Does that include the golf course? Fitzgerald: Yes. Takase: Shiono's is running the golf cart operation on the golf course right now. Fitzgerald: That's correct. Taniguchi: So Shiono's has the liquor license? Takase: Yes, just the liquor license for the golf course. Takaba: I see a hand in the back of the room. Momi Shoemaker, Director of Corporate Administration, was present. Shoemaker: I'm Momi Shoemaker with Mauna Lani Resort (Operation), Inc. We're transferring the license. Your question was, "does this new license cover the golf course?" The answer is no. It's only the hotel. Takaba: Any further discussion? There was no further discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: All those opposed "Nay." AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 16 There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Onizuka: Move to ratify issuance of temporary license, T -H-107, effective August 1, 2017. Taniguchi: Second. Mr. Onizuka moved to ratify the issuance of temporary license, T -H-107, effective August 1, 2017; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Is there 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, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: If there are no objections, we will take out of order, New Business, Item 1, Mauna Lani Resort (Operation), Inc., dba The Mauna Lani Bay Hotel and Bungalows, requests to transfer liquor inventory for the sale and transfer of the hotel license to DHL Mahi Liquor, LLC. 1. Mauna Lani Resort (Operation), Inc., dba The Mauna Lani Bay Hotel and Bungalows, requests to transfer liquor inventory for the sale and transfer of the Hotel license to DHL Mahi Liquor, LLC, located at 68-1400 Mauna Lani Drive, Kohala Coast, Hawaii. Onizuka: Move to approve. Taniguchi: Second. Mr. Onizuka moved that the Liquor Commission ratify the request of Mauna Lani Resort (Operation), Inc., dba The Mauna Lani Bay Hotel and Bungalows to transfer liquor inventory for the sale and transfer of the hotel liquor license to DHL Mahi Liquor, LLC, located at 68-1400 Mauna Lani Drive, Kohala Coast, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion? AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 17 Takaba: If none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. Thank you. The motion was carried unanimously. Takaba: Application No. 17-02, Kealakekua Ranch, Ltd., dba K -Ranch Cafe, for an original Restaurant General liquor license, located at the Kealakekua Ranch Center. 2. Application No. 17-02 Kealakekua Ranch, Ltd., dba K -Ranch Cafe, for an original Restaurant General liquor license, Category B2, located at the Kealakekua Ranch Center, 82-6066 Mamalahoa Highway, Unit E, Captain Cook, Hawaii, TMK: 8-2-001:125. Takaba: Do we have a representative? Takase: Can we pass this one for now? Nobody's here. Takaba: Nobody's here. Should we go to the next one? Takase: Yeah. Takaba: Why don't we postpone this one and go to the next one. Application No. 17-03, Keoni's Point of View, LLC, dba Keoni's Point of View, for an original Dispenser Beer and Wine liquor license, Category B1, located at the Honokohau Harbor. 3. Application No. 17-03 Keoni's Point of View, LLC, dba Keoni's Point of View, for an original Dispenser Beer and Wine liquor license, Category B1, located at the Honokohau Harbor, 74-425 Kealakehe Parkway, Space No. 17, Kailua-Kona, Hawaii, TMK: 7-4-008:042. Keoni Llanes, President and Kalina Unger, Vice President, were both present. Takaba: Can you identify yourselves and your relationship to the business? Llanes: I'm Keoni Llanes, President and this is Kalina Unger, Vice President. Takaba: Have you read the report? Unger: Yes. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 18 Takaba: Do you have any changes to the report? Llanes: No. Takaba: Can you describe your business? Llanes: We will be a local and Hawaiian food restaurant. We will also mix in Indian and Fijian -style food. We want to offer a higher -end restaurant at local prices, so the locals can eat fish too and not worry about the price. That's our goal. Takaba: Okay, thank you. Do we have any public testimony? There was no reply from the public. Takaba: If none, do we have a motion? Onizuka: Move to approve Application No. 17-03. If approved, public hearing to be held on October 5, 2017, in Kailua-Kona. Taniguchi: Second. Mr. Onizuka moved that Application No. 17-03, Keoni's Point of View, LLC, dba Keoni's Point of View, for an original Dispenser Beer and Wine liquor license, Category B1, located at the Honokohau Harbor, 74-425 Kealakehe Parkway, Space No. 17, Kailua-Kona, Hawaii, be approved for a public hearing to be held on October 5, 2017, in Kailua-Kona, Hawaii; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Is there any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion say "Aye." The Commissioners voted "Aye." Takaba: All those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Llanes and Unger: Thank you! Takaba: Any word on Kealakekua Ranch? Takase: They forgot. Why don't we take Shirley Hull from Oceans, then we can go back. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 19 VII. Unfinished Business Takaba: There is no unfinished business. VIII. New Business Takaba: Moving on to New Business. Takase: She has Items 2 and 11. Let's take 11 first and work backwards. Masuda: Commissioners, Item 11 is on the handout. Takaba: Limberg Inc., dba Oceans Sports Bar and Grill, for a 6 -month progress report. 11. Limberg Inc., dba Oceans Sports Bar and Grill, 6 -month progress report by the Department of Liquor Control on the trial period to temporarily amend its liquor license condition to keep the makai and front -facing windows open when live entertainment or amplified entertainment is provided for by DJ before 10:00 P.M., to its Dispenser General liquor license, Category B2, located at the Coconut Grove Marketplace, 75-5811 Ali`i Drive, Kailua-Kona, Hawaii. Shirley Hull, Manager, was present. Takase: Oceans had come to us back in February to amend their conditions. Their previous conditions were they had to close their front -facing windows when there was entertainment. They came in asking to amend that condition to allow them to keep their windows open up until ten o'clock. The Commission approved that and set a 6 -month trial period. We are coming up on the end of their 6 months. The report from the Department is we had no complaints from the surrounding owners. I think the Licensee has done a good job in monitoring what they're doing. On behalf of the Department, I would recommend that we continue their amendment indefinitely. We talked about it. She knows if there are complaints they will have to go back to their previous conditions. Takase: Do we have a motion? Onizuka: Move to approve the Director's recommendation. Taniguchi: Second. Takaba: Is there any discussion? Taniguchi: Yeah, question. Is it better to do it this way or remove it? Takase: Either way, if you want to remove it you can. We can always bring the Licensee back if there is problem. Onizuka: Mr. Chair, I withdraw my motion and restate to remove the restriction that was previously placed on the Licensee. Takaba: Did you second? AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 20 Taniguchi: Yeah. I remove my second and I'II second this one. Takaba: Do we have any discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor of the motion — Takase: So we are just removing the condition regarding closing the windows, right? Hull: We would still close our windows by 10:00 P.M. Takase: We can amend it to say that all makai and front -facing windows will be closed after 10:00 P.M., whenever there is live entertainment or amplified music. Gonzalez: The word after or by 10:00 P.M.? Takaba: He will restate his motion. Onizuka: I move that we remove the condition that was previously set and amend to say that the makai windows be closed by 10:00 P.M., when there is live entertainment. Taniguchi: Second. Hull: There have been times where my security does come in 5-10 minutes late. They are the ones who move the tables out for me. The windows are open sometimes for them to move the tables out. Lopez: How about the front -facing windows? In the motion you said makai. Onizuka: The makai and front -facing windows. Mr. Onizuka moved that the Liquor Commission amend the existing condition to Limberg Inc., dba Oceans Sports Bar and Grill, Dispenser General liquor license, Category B2, located at the Coconut Grove Marketplace, 75-5811 Alii Drive, Kailua-Kona, Hawaii. The newly imposed condition is, "That all makai and front -facing windows will be closed by 10:00 P.M., when there is live entertainment or amplified entertainment provided for by a DJ." The motion was seconded by Mr. Taniguchi. Takaba: Any discussion? There was no discussion from the Commissioners. Takaba: All those in favor? The Commissioners voted "Aye." Takaba: Those opposed? There was no opposition by the Commissioners. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 21 Takaba: Motion carried. The motion was carried unanimously. Takaba: We are on Item 2, Oceans Sports Bar and Grill. 2. Limberg Inc., dba Oceans Sports Bar and Grill, submits letter to request events to take place on the common area lawn outside of Oceans Sports Bar and Grill on Friday nights from 6:00 P.M. to 9:00 P.M., received on July 17, 2017, to its Dispenser General liquor license, Category B2, located at the Coconut Grove Marketplace, 75-5811 Ali`i Drive, Kailua-Kona, Hawaii. Takase: Shirley had come in with a request to allow music on the lawn area, fronting her establishment, on Friday nights between 6:00 to 9:00 P.M. I think she said she's had it twice since then. It's a way for them to drum up business, well not them but the old Coconut Grove Shopping area. We went ahead and approved it. I told her I would bring it before the Commission. I wanted to do it ahead of time so we could get a reading on it. They've done it twice now and haven't had any problems. I think it's good for the businesses in the area. Onizuka: Is this increasing the licensed premise? Takase: No, they are not serving liquor at all. It is just for entertainment. Takaba: No motion necessary. Lopez: I have a question. How are you monitoring the alcohol from the restaurant? Takase: There's no alcohol out there. Lopez: How are you monitoring somebody in the bar or the restaurant coming out? Hull: Our employees. Lopez: So you're on top of that. Have you had any reason to stop somebody? Hull: Nope. Takase: They can't leave with any alcohol anyway. Nobody can leave an establishment with alcohol. Lopez: I understand that. Can or can't is not the issue. I was just asking how they are monitoring when they exit from the door. Takaba: If no one has a motion, we will move on to Item 3. Hull: Thank you! AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 22 Takaba: Item 3, Panida Wu, dba Tina's Garden Gourmet Cafe, requests to register its business entity from Panida Wu to Tina's Garden Cafe, LLC, to its Dispenser Beer and Wine liquor license. Motion? 3. Panida Wu, dba Tina's Garden Gourmet Cafe, pursuant to HRS §281-41-(k), requests to register its business entity from Panida Wu to Tina's Garden Cafe, LLC, to its Dispenser Beer and Wine liquor license, Category A, located at 168 Kamehameha Avenue, Hilo, Hawaii. Taniguchi: Move to approve. Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission ratify the request to register the business entity from Panida Wu to Tina's Garden Cafe, LLC, for Panida Wu, dba Tina's Garden Gourmet Cafe, to its Dispenser Beer and Wine liquor license, Category A, located at 168 Kamehameha Avenue, Hilo, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. 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, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 4, JKGS Corporation, dba Al Vicolo Italian Restaurant (formerly known as Plantation Grill), requests to transfer 100% of its stocks to Davide H. Semenza from Guy Startsman and Kali Startsman, current holder of a Dispenser General liquor license. Motion? 4. JKGS Corporation, dba Al Vicolo Italian Restaurant (formerly known as Plantation Grill), requests to transfer 100% of its stocks to Davide H. Semenza from Guy Startsman and Kali Startsman, current holder of a Dispenser General liquor license, Category B1, located at 61-3642 Kawaihae Road, Kamuela, Hawaii. Personal History and Affidavit for Davide H. Semenza, received on July 17, 2017, as Sole Officer and Director, for approval. Sale and Purchase Agreement received on July 25, 2017. Taniguchi: Move to approve. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 23 Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission ratify the request of JKGS Corporation, dba Al Vicolo Italian Restaurant (formerly known as Plantation Grill), to transfer 100% of its stocks to Davide H. Semenza from Guy Startsman and Kali Startsman, current holder of a Dispenser General liquor license, Category B1, located at 61-3642 Kawaihae Road, Kamuela, Hawaii. Personal History and Affidavit for Davide H. Semenza, received on July 17, 2017, as Sole Officer and Director. Sale and Purchase Agreement received on July 25, 2017. The motion was seconded by Mr. Onizuka. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., submits Personal History and Affidavit for Christopher Koepper as Vice President and Secretary, effective May 9, 2017. 5. Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., submits Personal History and Affidavit for Christopher Koepper as Vice President and Secretary, effective May 9, 2017, received on July 10, 2017, to its Club liquor license, Category B2, located at 73-4676 Queen Ka`ahumanu Highway, Mile Market 95, Kailua-Kona, Hawaii. Taniguchi: Move to approve. Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission accept Personal History and Affidavit for Christopher Koepper as Vice President and Secretary, effective May 9, 2017, received on July 10, 2017, for Kohanaiki Club, Inc., dba Kohanaiki Club, Inc., to its Club liquor license, Category B2, located at 73-4676 Queen Ka`ahumanu Highway, Mile Market 95, Kailua-Kona, Hawaii; seconded by Mr. Greenwell. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 24 Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 6, Umekes, LLC, dba Umeke's Kuakini Center, ratification of Application for Temporary Increase in Licensed Premises to the Kuakini Center, located at 74-5563 Kaiwi Street. 6. Umekes, LLC, dba Umeke's Kuakini Center, ratification of Application for Temporary Increase in Licensed Premises to the Kuakini Center, located at 74-5563 Kaiwi Street, Unit No. 110, Kailua-Kona, Hawaii, for a concert held on July 21, 2017, approved by Director Gerald Takase on July 20, 2017, to its Restaurant General liquor license, Category B2, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Increase in Licensed Premises for Umekes, LLC, dba Umeke's Kuakini Center, to the Kuakini Center, located at 74-5563 Kaiwi Street, Unit No. 110, Kailua-Kona, Hawai`i, for a concert held on July 21, 2017, approved by Director Gerald Takase on July 20, 2017, to its Restaurant General liquor license, Category B2, located at the Kuakini Center, 74-5563 Kaiwi Street, Unit No. 112, Kailua-Kona, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 25 There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Karma HI, LLC, dba Karma HI, ratification of Application for Temporary Increase in Licensed Premises to the back parking lot, for a concert beer garden event held on July 26, 2017. 7. Karma HI, LLC, dba Karma HI, ratification of Application for Temporary Increase in Licensed Premises to the back parking lot (approximately an area of 60' x 60'), for a concert beer garden event held on July 26, 2017, approved by Director Gerald Takase on July 21, 2017, to its Cabaret liquor license, located at 124 Maka'ala Street, Hilo, Hawaii. Taniguchi: Move to ratify. Nahale-a: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Increase in Licensed Premises for Karma HI, LLC, dba Karma HI, to the back parking lot (approximately an area of 60' x 60'), for a concert beer garden event held on July 26, 2017, approved by Director Gerald Takase on July 21, 2017, to its Cabaret liquor license, located at 124 Maka'ala Street, Hilo, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded to ratify. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 8, Papaaloa Market & Cafe, dba Papaaloa Country Store & Cafe, ratification of Application for Entertainment Permit for live music on July 7, 2017. 8. Papaaloa Market & Cafe, dba Papaaloa Country Store & Cafe, ratification of Application for Entertainment Permit for live music on July 7, 2017, approved by Director Gerald Takase on July 7, 2017, to its Retail AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 26 General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa`aloa, Hawaii. Taniguchi: Move to ratify. Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission ratify the Application for Entertainment Permit for Papaaloa Market & Cafe, dba Papaaloa Country Store & Cafe, for live music on July 7, 2017, approved by Director Gerald Takase on July 7, 2017, to its Retail General liquor license, located at 35-2032 Old Mamalahoa Highway, Papa`aloa, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded. Is there 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, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Chair requests a motion for ratification of Special Licenses, Application No. SP -16-104 to SP -17-8, Item No. 9(a) to 9(g). Taniguchi: So moved. Onizuka: Second. Mr. Taniguchi moved that the Liquor Commission ratify the following Special Licenses: 9. Special Licenses issued for ratification a. Application No. SP -16-104, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held at the Aloha Theatre Building, located at 79-7384 Mamalahoa Highway, Kainaliu, Hawaii, on June 30, 2017. b. Application No. SP -17-3, Aloha Performing Arts Company, dba Aloha Performing Arts Company, for a Special Beer and Wine liquor license, held at the Aloha Theatre Building, located at AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 27 79-7384 Mamalahoa Highway, Kainaliu, Hawai'i, on July 1 and 2, 2017. c. Application No. SP -17-4, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, held at the Volcano Art Center, located at 19-4074 Old Volcano Road, Volcano, Hawaii, on July 8 and 18, 2017 and August 2, 2017. d. Application No. SP -17-5, The Kahilu Theatre Foundation, dba The Kahilu Theatre, for a Special Beer and Wine liquor license, held at the Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii, on July 7, 8, 16, 23 and 29, 2017. e. Application No. SP -17-6, The Kahilu Theatre Foundation, dba The Kahilu Theatre, for a Special Beer and Wine liquor license, to be held at the Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii, on August 5, 12, 18, 19, 20 and 22, 2017. f. Application No. SP -17-7, The Kahilu Theatre Foundation, dba The Kahilu Theatre, for a Special Beer and Wine liquor license, to be held at the Kahilu Theatre, located at 67-1186 Lindsey Road, Kamuela, Hawaii, on September 15, 16, 17 and 30, 2017. g. Application No. SP -17-8, Hawaii Island United Way, dba Hawaii Island United Way, for a Special Beer and Wine liquor license, held at the Hale Hoaloha Pavilion, located at 68-1400 Mauna Lani Drive, Kohala, Hawaii, on July 8, 2017. The motion was seconded by Mr. Onizuka. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: If none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 10, Chair requests a motion for ratification of Transient Vessel Licenses, Application No. TV -17-1 to Application No. TV -17-13, Item No. 10(a) to 10(m). Taniguchi: So moved. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 28 Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission ratify the following Transient Vessel Licenses: 10. Transient Vessel Licenses issued for ratification a. Application No. TV -17-1, NCL America LLC, dba Pride of America, for a Transient Vessel liquor license in port Hilo, Hawaii, on July 4, 11, 18 and 25, 2017; August 1, 8, 15, 22 and 29, 2017; September 5, 12, 19 and 29, 2017; October 3, 10, 17, 24 and 31, 2017; November 7, 14, 21 and 28, 2017; December 5, 12, 19, and 26, 2017; January 2, 9, 16, 23 and 30, 2018; February 6, 13, 20, and 27, 2018; March 6, 13, 20 and 27, 2018; April 3, 10, 17 and 24, 2018; May 1, 8, 15, 22 and 29, 2018 and June 5, 12, 19, and 26, 2018. b. Application No. TV -17-2, NCL America LLC, dba Pride of America, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii, on July 5, 12, 19 and 26, 2017; August 2, 9, 16, 23 and 30, 2017; September 6, 13, 20 and 27, 2017; October 4, 11, 18 and 25, 2017; November 1, 8, 15, 22 and 29, 2017; December 6, 13, 20, and 27, 2017; January 3, 10, 17, 24 and 31, 2018; February 7, 14, 21 and 28, 2018; March 7, 14, 21 and 28, 2018; April 4, 11, 18 and 25, 2018; May 2, 9, 16, 23 and 30, 2018 and June 6, 13, 20 and 27, 2018. c. Application No. TV -17-3, Princess Cruise Lines, LTD., dba Golden Princess, for a Transient Vessel liquor license in port Hilo, Hawaii, on July 13, 2017 and August 17, 2017. d. Application No. TV -17-4, Princess Cruise Lines, LTD., dba Golden Princess, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii, on August 18, 2017. e. Application No. TV -17-5, Princess Cruise Lines, LTD., dba Emerald Princess, for a Transient Vessel liquor license in port Hilo, Hawaii, on October 13, 2017. f. Application No. TV -17-6, Princess Cruise Lines, LTD., dba Emerald Princess, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii, on October 17, 2017. Application No. TV -17-7, Princess Cruise Lines, LTD., dba Grand Princess, for a Transient Vessel liquor license in port Hilo, Hawaii, on November 3 and 18, 2017 and December 23, 2017. g. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 29 h. Application No. TV -17-8, Princess Cruise Lines, LTD., dba Star Princess, for a Transient Vessel liquor license in port Hilo, Hawaii, on October 1 and 30, 2017; November 19, 2017 and December 24, 2017. i. Application No. TV -17-9, Seabourn Cruise Line Limited, dba Seabourn Soujourn, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii, on November 4, 2017. J• Application No. TV -17-10, Holland America Line N.V., dba ms Eurodam, for a Transient Vessel liquor license in port Hilo, Hawaii, on October 7, 2017. k. Application No. TV -17-11, Holland America Line N.V., dba ms Oosterdam, for a Transient Vessel liquor license in port Hilo, Hawaii, on December 8, 2017. I. Application No. TV -17-12, Holland America Line N.V., dba ms Oosterdam, for a Transient Vessel liquor license in port Kailua-Kona, Hawaii, on December 12, 2017. m. Application No. TV -17-13, Holland America Line N.V., dba ms Noordam, for a Transient Vessel liquor license in port Hilo, Hawaii, on October 4, 2017. The motion was seconded by Mr. Greenwell. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: We will move on to Item 12, Waikoloa Village Association, dba Waikoloa Village Golf Course, submits Personal History and Affidavit for Douglas William Jones as Director. 12. Waikoloa Village Association, dba Waikoloa Village Golf Course, submits Personal History and Affidavit for Douglas William Jones as Director, effective May 6, 2017, received on June 26, 2017, to its AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 30 Restaurant General liquor license, Category B2, located at 68-1792 Melia Street, Waikoloa, Hawaii. Taniguchi: Move to approve. Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission accept Personal History and Affidavit for Douglas William Jones, Director, effective May 6, 2017, received on June 26, 2017, for Waikoloa Village Association, dba Waikoloa Village Golf Course to its Restaurant General liquor license, Category B2, located at 68-1792 Melia Street, Waikoloa, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 13, Hilo Lodge, No. 759, of the Benevolent and Protective Order of Elks of the United States of America, dba B.P.O. Elks No. 759, submits Personal History and Affidavit for Kyle Yoshio Usui as Director, effective January 1, 2017. 13. Hilo Lodge, No. 759, of the Benevolent and Protective Order of Elks of the United States of America, dba B.P.O. Elks No. 759, submits Personal History and Affidavit for Kyle Yoshio Usui as Director, effective January 1, 2017, received on July 27, 2017, to its Club liquor license, Category B2, located at 150 Kino`ole Street, Hilo, Hawaii. Taniguchi: Move to approve. Greenwell: Second. Mr. Taniguchi moved that the Liquor Commission accept Personal History and Affidavit for Kyle Yoshio Usui as Director, effective January 1, 2017, received on July 27, 2017, for Hilo Lodge, No. 759, of the Benevolent and Protective Order of Elks of the United States of America, dba B.P.O. Elks No. 759, to its Club liquor license, Category AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 31 B2, located at 150 Kino`ole Street, Hilo, Hawaii; seconded by Mr. Greenwell. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. Takaba: Item 14, Wilson Creek Winery & Vineyards, Inc., ratification of Application for Solicitor's Permit for Chuck Spiegel. 14. Wilson Creek Winery & Vineyards, Inc., ratification of Application for Solicitor's Permit for Chuck Spiegel, approved by Director Gerald Takase on March 17, 2017. Greenwell: Move to approve. Taniguchi: Second. Mr. Greenwell moved that the Liquor Commission ratify the Application for Solicitor's Permit by Wilson Creek Winery & Vineyards, Inc., for Chuck Spiegel, approved by Director Gerald Takase on March 17, 2017; seconded by Mr. Taniguchi. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: Hearing none. All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 32 Takaba: Item 15, Kamaaina Lounge, Inc., dba Sam's Hideaway, submits Personal History and Affidavit for Kimberly M. Kekaula as Vice President, effective October 1, 2017. 15. Kamaaina Lounge, Inc., dba Sam's Hideaway, submits Personal History and Affidavit for Kimberly M. Kekaula as Vice President, effective October 1, 2017, received on July 31, 2017, to its Dispenser General liquor license, Category A, located at 75-5729 Alii Drive, Kailua-Kona, Hawaii. Taniguchi: Greenwell: Move to approve. Second. Mr. Taniguchi moved that the Liquor Commission accept Personal History and Affidavit for Kimberly M. Kekaula as Vice President, effective October 1, 2017, received on July 31, 2017, for Kamaaina Lounge, Inc., dba Sam's Hideaway, to its Dispenser General liquor license, Category A, located at 75-5729 Alii Drive, Kailua-Kona, Hawai`i; seconded by Mr. Greenwell. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carries. The motion was carried unanimously. Takaba: We will go back to Application No. 17-02. 2. Application No. 17-02 Kealakekua Ranch, Ltd., dba K -Ranch Cafe, for an original Restaurant General liquor license, Category B2, located at the Kealakekua Ranch Center, 82-6066 Mamalahoa Highway, Unit E, Captain Cook, Hawaii, TMK: 8-2-001:125. Takase: Mr. Chairman, we called the applicant and they forgot to put it down. This is a preliminary hearing. From the Department's side, everything looks OK. We would recommend approving it for a public hearing. Takaba: Do we have a motion? AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 33 Taniguchi: So moved. Takaba: Moved to approve Application No. 17-02, if approved public hearing to be held on October 5, 2017, in Kailua-Kona, Hawaii. Second? Nahale-a: Second. Mr. Taniguchi moved that Application No. 17-02, Kealakekua Ranch, Ltd., dba K -Ranch Cafe, for an original Restaurant General liquor license, Category B2, located at the Kealakekua Ranch Center, 82-6066 Mamalahoa Highway, Unit E, Captain Cook, Hawai`i, TMK: 8-2-001:125, be approved for a public hearing to be held on October 5, 2017, in Kailua-Kona, Hawaii; seconded by Ms. Nahale-a. Takaba: Moved and seconded. Discussion? There was no discussion from the Commissioners. Takaba: If none, all those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed, "Nay." There was no opposition by the Commissioners. Takaba: Motion carried. The motion was carried unanimously. IX. Announcements Takaba: That takes care of that. We will move onto Announcements. Our next meeting will be on September 7, in Hilo at the Hilo Lagoon Center. The meeting after that is on October 5, 2017, in Kona, at the Department of Liquor Control, West Hawaii Civic Center. Meetings of Liquor Commission September 7, 2017, 10:00 A.M., Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. October 5, 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. Takaba: Yes? Lopez: I already notified Nyssa that I will not be at either one of those meetings. AUGUST 3, 2017 — LIQUOR COMMISSION MINUTES 34 Takaba: Okay. Anybody else? X. Adjournment Takaba: Motion to adjourn? Lopez: I'd like to address what I felt was a misunderstanding to the Licensee about the control of carrying alcohol outside. I realize it's against the law and I realize in the legal term they can't do it. My question was more orientated towards it being an attractive nuisance. It's like owning a swimming pool in Hawaii and being required to put a fence around it. It's an attractive nuisance. It's very easy for somebody inside the lounge to want to go to the music and even forget that they've got a beer in their hand. It was an awareness point. I'm not a rubberstamp kind of person. I offered that as awareness, not because I was challenging the owner. Takaba: Thank you. Do we have a motion to adjourn? Nahale-a: So moved. Taniguchi: Second. Takaba: Moved and seconded to adjourn. Is there any discussion? There was no discussion by the Commissioners. Takaba: All those in favor say "Aye." The Commissioners voted "Aye." Takaba: Those opposed "Nay." There was no opposition by the Commissioners. Takaba: Motion carried, meeting adjourned. Thank you. Meeting adjourned at 11:00 A.M. d Takase Director The August 3, 2017, Liquor Commission minutes were approved as circulated via e-mail/mail on August 31, 2017, by the Liquor Commission of the County of Hawaii on September 7, 2017. AUGUST 3, 2017 - LIQUOR COMMISSION MINUTES 35