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HomeMy WebLinkAbout2018-12-06 Liquor Adjudication Board MinutesCOUNTY OF HAWAVI DEPARTMENT OF LIQUOR CONTROL LIQUOR ADJUDICATION BOARD December 8, 2018 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAVI I. Call to order The meeting was called to order by Chair Sidney Fuke at 1:30 P.M., in the Meeting Room, Department of Liquor Control, Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. The following were present and constituted a quorum: Adjudication Board: Sidney Fuke, chair Geraldine Giffin, Board Member Dwayne Mukai, Board Member Andi Pawasarat-Losalio, Board Member Absent and Excused: Riley Smith, Board Member Others Present: Gerald Takase, Director Brandon Gonzalez, Administrative Officer Renee Schoen, Assistant Corporation Counsel (Department/Prosecutor) Craig Masuda, Deputy Corporation counsel (Board) Stacie Waltjen, Licensing Tech. Andrew Kouchi, Investigator Dorsi Lim, Secretary to the Board and Commission Fuke: Please turn off your cell phones or turn it onto silent (mode). I'd like to have the Board members and the staff introduce themselves. Good afternoon all, my name is Sidney Fuke. I am the chair of the Liquor Adjudication Board. I'd like to start at the farthest left with introductions. Mr. Takase? Takase: Gerald Takase, Director. Giffin: Geraldine Giffin, Board Member. Fuke: Sidney Fuke, Board Chair. Masuda: Craig Masuda, Adjudication Board counsel. Mukai: Dwayne Mukai, Board Member. Pawasarat-Losalio: Andi Pawasarat-Losalio, Board Member. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 1 Lim: Dorsi Lim, Secretary. Waltjen: Stacie Waltjen, Licensing Tech. Fuke: If the Board does not have any objection, can we move Item No. 2 on the agenda to the first item to consider? There were no objections from the Board Members. Fuke: We will consider the agenda so amended. II. Approval of Minutes Fuke: Can we have approval of the minutes of October 18, 2018? Mukai: So move. Giffin: Second. Mr. Mukai moved to approve the minutes of October 18, 2018; seconded by Ms. Giffin. Fuke: Any discussion? There was no discussion from the Board Members. Fuke: Moved and seconded that the minutes of October 18, 2018, be approved. Fuke: All those in favor please say, "Aye." The Board Members voted "Aye." Fuke: All those (opposed), "Nay." There was no opposition by the Board. Fuke: Carried. The motion was carried unanimously. Ill. Hearings Fuke: As much as we had no objection to amending the agenda, let's move on to Case No. 2018-000. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 2 2. CASE No. 2018-006 (1:32 P.M.) In the Matter of the Accusation Against Big Island Group, dba Bongo Ben's Island Cafe, located at Kailua-Kona, Hawaii. Informal Hearing (Alternative 11) on violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to have a Person in Active Charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws. Paul Rusnock, President and Co-owner of Big Island Group, was present. Fuke: can I ask the Licensee and Counsel to please identify yourselves? Rusnock: I'm a 50% owner of Big Island Group. My name's Paul Rusnock and I'm the President of Big Island Group. Fuke: Paul Rushnock? Rusnock: Rusnock, yes sir. Fuke: And you're here representing yourself? You don't have any legal counsel? Rusnock: No. Fuke: Thank you. Can I ask that the Assistant Corporation Counsel, Ms. Schoen, to please read the complaint and Accusation and Answer to the Complaint? Schoen: Thank you, Mr. chair. Renee Schoen, Assistant corporation counsel on behalf of the Department. The Complaint reads that on or about the first day of July 2018, in the County and State of Hawaii, the Licensee Big Island Group, dba Bongo Ben's Island Cafe, did fail to have a person duly approved by the Department of Liquor control as a Person in Active charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws in violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the county and State of Hawaii. Fuke: Thank you very much. Inasmuch as the Licensee has already pleaded to the violation and although has requested Alternative 11, could I have a motion to find the Licensee in violation of the charge? Giffin: I so move. Fuke: Second? DECEMBER 6, 2018 -- LIQUOR ADJUDICATION BOARD MINUTES 3 Mukai: Second. Ms Giffin moved that the Licensee in Case No. 2018-008, be found in violation of Rule 5-2, of the Rules and Regulations of the Liquor Commission of the department of Liquor Control of the county of Hawaii; seconded by Mr. Mukai. Fuke: It's been moved and seconded to find the Licensee in violation of the charge. Is there any discussion on it? There was no discussion from the Board Members. Fuke: All those in favor say, "Aye." Fuke: Nay? The Board Members voted "Aye." There was no opposition by the Board Members. Fuke: Motion is unanimously carried. The motion was unanimously carried. Fuke: Prior to assessing of penalty, please present your case to explain the circumstances surrounding the violation. Rusnock: Sure. If you look at our past history, it's actually our policy to have all of our servers and bartenders, sooner than later, take the course just for practical reasons. If you look at our history, you'll see there's always 15 to 30 people that are approved, that passed the course. On this particular day, the bartender at the time quit abruptly so we put a new girl in there that night. I failed to recognize that the woman in charge of the restaurant, Tammi Aramini held a liquor card that expired early in the year. I just failed to catch the fact that her name fell off the list. Simple as that. Rusnock: Normally, we always have two, three, four, five people who could be the person in charge from the liquor standpoint. It was an oversight on my part. It isn't policy to ignore the law as it relates to that. Fuke: Are there any questions from the Board Members to Mr. Rusnock? Giffin: Mr. chair, I have a question. (to Mr. Rusnock) You said it's your company's policy to always have about 15 people or all your servers holding an active card. Who's responsibility is it to keep tabs of the cards as they expire? Rusnock: It is mine. I manage the front of the house. Again, normally the policy is everybody has them and in this case, I just failed to recognize that our most senior woman, DECEMBER E, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 4 the woman who started when I bought the place, I mean she's been there since before I bought the place, she lapsed and I didn't catch it. Fuke: Any other questions from the Board? Has she since gotten her updated (card)? Rusnock: Two weeks later. Fuke: What about the person who was temporarily working in the back. I think her name was Ms. Maer? Rusnock: She attended the class that day with Tammi. Fuke: She's also a PIAL now? Rusnock: Sure. Fuke: Thank you. Can I call upon Ms. Schoen to provide us with the report on the date the license was issued, violation, and so on? Schoen: Thank you, Mr. Chair. The license was issued on September 21, 2015. The Department is recommending $1,000 fine with $500 suspended for one year from date of the service of the Decision and order on the condition that there be no similar violations and that $500 is to be paid within thirty days of the receipt of Decision and order for the violation, made payable to the Department of Liquor Control. That recommendation is based on the fact that the Licensee has taken responsibility and there's been no previous violations. Fuke: Thank you very much. Any questions of Counsel? There were no questions from the Board Members. Fuke: Can I have a discussion on the penalty? To reiterate it's a $1,000 penalty with $500 suspended provided that there's no similar violation over the next calendar year. Is it calendar year? Masuda: No, next year. Fuke: Within the next, if it's not calendar what is it? Masuda: It's just the next year from the date of issuance. Fuke: Within 355 days. Schoen: And pay us $500 within thirty days. Fuke: Correct. The payment within thirty days. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 5 Giffin: I appreciate the fact that you have assumed responsibility for what happened and as a result I feel that the suspension of the $500 against the $1,000 fine is fair. 1 appreciate your track record also being as you said and our Corporation Counsel has also validated that, and for that I really appreciate it. Rusnock: Thank you. Masuda: Is that a motion to accept the recommendation? Giffin: Yes. You want a motion? Fuke: Having said that, are you going to make a motion? Giffin: I will if you want me to. Fuke: It's the Board Members' privilege to offer a motion. Giffin: I so move. Fuke: okay, is there a second? Pawasarat-Losalio: I second. Ms. Giffin moved that the Licensee in Case No. 2018-008, be assessed a penalty in the amount of $1,000 with $500 suspended for one year from the date of service of the Decision and order, on the condition that there is no similar violation relating to Rule 5-2, and that $500 is to be paid within 30 days upon receipt of the Decision and order; seconded by Ms. Pawasarat-Losalio. Fuke: Thank you very much. It's been moved and seconded that we accept essentially Corporation counsel's recommendation both in term of penalty and the payment. Is there further discussion on the penalty? There was no further discussion from the Board Members. Fuke: If not, all those in favor please say, "Aye." The Board Members voted "Aye." Fuke: No, "Nay." There was opposition by the Board Members. Fuke: Unanimously carried. The motion was unanimously carried. DECEMBER B, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 6 Fuke: A written decision and order will be prepared and served upon you in due time. Thank you very much for coming. Rusnock: Thank you. Have a nice day. Mukai: Thank you. Giffin: You as well. Fuke: Going back to the first scheduled item, case No. 2018-003, in the Matter of the Accusation Against Seven Eleven Hawaii, Inc., dba 7 -Eleven Stores (Kaumana) #54136, located at Hilo, Hawaii. Again, it's an informal hearing where they are basically conceding to the violation and are requesting Alternative II on violation of Rule 3-8(A) of the Rules and Regulations of the Liquor Commission of the Department of Liquor control of the County of Hawaii, State of Hawaii, for selling liquor after the hours of business established by the Commission (after 11:00 P.M.). 1. CASE No. 2018-003 (1:40 P.M.) In the Matter of the Accusation Against Seven Eleven Hawaii, Inc., dba 7 -Eleven Stores (Kaumana) #54136, located at Hilo, Hawaii. Informal Hearing (Alternative ll) on violation of Rule 3-8(A) of the Rules and Regulations of the Liquor commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for selling liquor after the hours of business established by the commission (after 11:00 P.M.). Kenneth Hoo, Esq., and Blake Yokotake, Director of Human Resources and Authorized Agent for the Licensee, were present. Fuke: Can I ask the Licensee and it's attorney to please identify yourselves? Hoo: Thank you, Mr. Chair. I'm Kenneth Hoo appearing for the Licensee and to my immediate left is Blake Yokotake, Director of Human Resources and Authorized Agent for the Licensee. Fuke: Thank you very much. counsel, please read the Complaint and Accusation and the Answer to the Complaint. Schoen: Thank you, Mr. chair. On or about the 18th day of August 2018, in the County and State of Hawaii, Seven -Eleven Hawaii, Inc., dba 7 -Eleven Stores (Kaumana) #54136, sold liquor after the hours of business established by the Commission (after 11:00 P.M.), in violation of Rule 3-8(A) of the Rules and Regulations of the Liquor commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii. The Licensee has admitted to the allegation and awaits hearing and appeal. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 7 Fuke: Thank you very much. As noted by Counsel, the Licensee has already conceded to the violation. Can we have a motion to find the Licensee in violation of the charge? Mukai: So move. Giffin: Second. Mr. Mukai moved that the Licensee in case No. 2018-003, be found in violation of Rule 3-8(A) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, state of Hawaii, for selling liquor after the hours of business established by the Commission (after 11:00 P.M.); seconded by Ms. Giffin. Fuke: It's been moved and seconded to find the Licensee in violation of the charge. Is there any discussion on the charge? There was no discussion from the Board Members. Fuke: If not, all those in favor please say, "Aye." The Board Members voted "Aye." Fuke: opposed say, "Nay." There was no opposition by the Board Members. Fuke: Unanimously carried. The motion was unanimously carried. Fuke: Prior to assessing penalty, Mr. Hoo, please feel free to present the circumstances surrounding the violation. Hao: Thank you, Mr. Chair. This is a first of this nature for this store. obviously, one offense is one too many. We train our employees whenever they are hired to obviously know the rules, to, conduct sales as they should, to know when the hours of operation and the sale hours should be. The record would note that in this particular instance, the employee was a new one. He had been employed there for two months. But still, he should have known better, and in fact he did know better. when he was interviewed by the investigator and asked, "Did you know that you can't sell after 11:007" He said, "Yes." But yet he still did it. That's one of the problems when you have very low unemployment. You get workers that sometimes make mistakes and that's what happened in this case. we have training at the stores when the clerks are hired. He went through the training. He still made the sale; he was summarily terminated. He is no longer working there anymore. That's all I have to say. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 8 Fuke: Any questions of the Licensee or its counsel? Mukai: Mr. Chair? Actually I was going to ask what his current employment situation was, but now that they said he was terminated, I think that sends a very strong message to all the employees about how serious this is. Fuke: Thank you. Any other questions of Counsel or Licensee? Giffin: Maybe not a question, but perhaps in trying to be more proactive positively, there may be other steps that the owner could do to try to enable the employees to be aware of the rules and regulations. one of them of course being that sales must terminate at a certain hour. I was just looking for a more positive way. I am sorry that the employee was terminated, but I understand the gravity. That's why you're here today. I was just looking for something more positive. Like Mr. Mukai said, that's a strong message and that may be there could be more positive ways to deal with the rules and regulations. Yokotake: In this case, the employee knew what the rules were. In fact, we locked down the liquor coolers before 11:00, and I think he was the one who did it. The end caps at the end of the aisles where the loose bottles are can't be locked. That's where the bottles were obtained. Fuke: Any further questions? I have a perhaps not totally relevant question, but is one of the PIACs who came in afterwards, is her name Peleiholani or Peleinolani? There was some discrepancy between the PIAL report and the investigator's report so I wanted to have that clarified. Yokotake: There is a list of the Persons in Active Charge of the Premises. Fuke: Right. That should be the correct spelling? Yokotake: That should be the correct spelling. Fuke: The other question I have is, do you have your cash register set to address the age when they show their license? Do you have something similar for "no sales after 11:00" or something like that? Yokotake: Unfortunately, we do not. Fuke: okay. I have two other questions to the Director. Is it customary to do these "stings?" Takase: No, it's not, actually. If you remember last month we had after -hour sales at the Shell at Kea`au, so investigators decided to start checking (for after -hour sales). That may be part of the problem. The after -hour sales are usually right after 11:00. This one was 1:30 in the morning? The one in Kea`au was at 4:00 A.M. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 9 Schoen: 12:15. Takase: In the morning, so they may not even be thinking about it anymore. It's not common, but the investigators started doing checks of not only 7 -Eleven, but other stores in Hilo and Kea`au. Fuke: That violation was sometime in August, so over the last three or four months, has there been a follow-up investigation to see whether there's a similar kind of infraction or that they're being fully compliant? Gonzalez: For Kea 'au Shell? Fuke: No, for 7 -Eleven. Gonzalez: (to Andrew Kouchi, Investigator) How often have the investigators gone back to check? Kouchi: We haven't done any recent checks since this one. Pawasarat-Losalio: Excuse me, Mr. chair? You mentioned that there's no violations in the past like this. Has there been other types of violations at all? Yokotake: i believe there had been one years ago, but I can't remember. Fuke: We'll probably have that clarified by the counsel. Are there any further questions? M u kai : 1 have a more general question. You mentioned that some cash registers will have a (setting) that alerts (the employee) that it's 11:00 P.M., no liquor sales. In industry norm, do most enterprises that have alcohol have something like that in their system? or is that not the norm? Yokotake: I don't think that's the norm. I think in most instances all liquor is locked up. Mukai: oh, I see. It's locked up. Fuke: Do you have a sign or something? Yokotake: There are signs on the premises, yes. Fuke: Are they clearly visible like in the back of the cashier? Yokotake: For this store, i am not sure where the signs may be. But there are signs in the store premises. Fuke: okay. Any more questions? There were no further questions from the Board Members. DECEMBER B, 2018 -- LIQUOR ADJUDICATION BOARD MINUTES 10 Fuke: Can I ask Counsel to please read the history and recommended penalty? Schoen: Yes, Mr. Chair, the Department is recommending a $1,500 fine with $1 9000 suspended for one year from the date of the service of the Decision and order on the condition that there be no similar violations and that is Rule 3(A), and that $500 is to be paid within 30 days upon receipt of the Decision and Order for the violation made payable to the Department of Liquor Control. This recommendation is based on the fact that the Licensee has taken responsibility and there have been no violations of this rule within the last five years. For those reasons, we recommend the particular fine which is also consistent with the Kea`au case that we were speaking about earlier. Fuke: Is there any discussion on the recommended penalty? In summary it is a $1,500 fine, $1,000 suspended, payment of the $500 within 30 days of this action provided there is no violations within the next year. Mukai: I move that we accept the recommendation of our Corporation counsel. Giffin: I second. Mr. Mukai moved that the Licensee in case No. 2018-003, be assessed a penalty in the amount of $1,500 with $'1,000 suspended for one year from the date of service of the Decision and order, on the condition that there is no similar violation relating to Rule 3-8(A), and that $500 is to be paid within 30 days upon receipt of the Decision and order; seconded by Ms. Giffin. Fuke: Any discussion on the violation? Pawasarat-Losalio: I have a question. 1 just wanted to clarify that the last meeting was the same suspension of fine? I thought the suspension was different. Fuke: The Kea`au one? Pawasarat-Losalio: Yes. was it the same suspension of fine? Gonzalez: It's the same amount. Pawasarat-Losalio: okay. Fuke: Fist violation, same amount. Pawasarat-Losalio: okay. Masuda: You're asking just for consistency's sake? Pawasarat-Losalio: Yes. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 11 Fuke: Any further discussion? There was no further discussion from the Board Members. Fuke: If not, all those in favor of the recommended penalty please say, "Aye." The Board Members voted "Aye." Fuke: All those opposed, "Nay." There was no opposition by the Board Members. Fuke: Unanimously carried. The motion was unanimously carried. Fuke: A written Decision and Order will be formally prepared and presented to you within the next 30 days. Thank you very much for coming. Fuke: Case No. 2018-007, in the Matter of the Accusation Against Mai Grille By Chef Allen Hess Inc., dba Mai Grille by Chef Allen Hess, located at Waikoloa, Hawaii. 3. CASE No. 2015-007 (1:50 P.M.) In the Matter of the Accusation Against Mai Grille By Chef Allen Hess Inc., dba Mai Grille by Chef Allen Hess, located at Waikoloa, Hawaii. Informal Hearing (Alternative II) on violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for failure to have a Person in Active Charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws. Fuke: Mr. Hess isn't here? Schoen: No, Mr. Chair. He's not here, but the Board... Fuke: So he's not really taking Alternative II then? Schoen: Yes, it seems not. Fuke: Okay. Can I ask you, Ms. Schoen, to please read the Complaint and Accusation and Answer to the Complaint. Schoen: Yes, Mr. Chair. On or about the 19th day of September 2018, in the County and State of Hawaii, the Licensee, Mai Grille By Chef Allen Hess Inc., dba Mai Grille By Chef DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 12 Alien Hess, did fail to have a person duly approved by the Department of Liquor control as a person in active charge of the premises at all times while the premises was open for business to provide proper supervision in the exercise of the liquor license in accordance with the liquor laws, in violation of Rule 5-2 of the Rules and Regulations of the Liquor Commission of the Department of Liquor control of the county of Hawaii, State of Hawaii. Schoen: we do have on file a signed Answer to the complaint. It's a stipulation and waiver of a hearing and appeal. we would request that the Board proceed although Mr. Hess is not present. Fuke: Thank you very much. The Licensee has already conceded to the violation and although has initially requested to be present, he's not here. could I have a motion to find the Licensee in violation of the charge? M u kai : So move. Giffin: Second. Mr. Mukai moved that the Licensee in Case No. 2018-007, be found in violation of Rule 5-2, of the Rules and Regulations of the Liquor commission of the Department of Liquor Control of the county of Hawaii; seconded by Ms. Giffin. Fuke: It's been moved and seconded to find the Licensee in violation. Is there any discussion? There was no discussion from the Board Members. Fuke: If not, all those in favor please say, "Aye." The Board Members voted "Aye." Fuke: Those opposed, "Nay." There was no opposition by the Board Members. Fuke: Motion is unanimously carried. The motion was unanimously carried Fuke: Prior to assessing a penalty, well, he's not here. can i ask counsel to please read the report for recommended penalty, past violations, and so on? Schoen: Yes, Mr. chair. The original license was issued on September 21, 2015. The Department is recommending a $1,000 fine with $500 suspended for one year from the date of the service of the Decision and order on condition that there be no similar violations and that $500 is to be paid within 30 days upon receipt of the Decision and Order, payable DECEMBER E, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 13 to the Department of Liquor Control. That recommendation by the Department is based on the fact that the Licensee did take responsibility. There have been no previous violations for this Licensee. Fuke: Thank you. May I have a discussion on the penalty itself? Again, the recommended penalty is $1,000 with $500 suspended. Mukai: For discussion purposes, I move that we accept the recommendation of the Corporation Counsel. Fuke: Is there a second? Giffin: Yes, I second. Mr. Mukai moved that the Licensee in Case No. 2018-007, be assessed a penalty in the amount of $1,000 with $500 suspended for one year from the date of service of the Decision and order, on the condition that there is no similar violation relating to Rule 5-2, and that $500 is to be paid within 30 days upon receipt of the Decision and order; seconded by Ms. Giffin. Fuke: Moved and seconded. Continue with the discussion. Pawasarat-Losalio: I wanted to know if they submitted an explanation regarding this? Gonzalez: We have not received anything in writing. Pawasarat-Losalio: He was requested to attend? Gonzalez: No. He selected Alternative 11 admitting to the allegation and then given the option to explain the circumstances for why he violated. Pawasarat-Losalio: And did not? Gonzalez: It's not a promise that he's going to be here. Pawasarat-Losalio: But they have the option to submit an explanation or something to explain? Gonzalez: Something in writing, an email, sometimes they turn in a letter. Sometimes they turn in a letter and show up. We don't have anything in this case. Fuke: The intent is to help mitigate or modify the penalty because he already conceded to the violation? Gonzalez: Right. He has admitted to the violation because he couldn't present any evidence to dispute that he didn't have a person in active charge there. What I do know is DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 14 that the Owner/Operator and Executive Chef for this establishment is also a person in active charge. If you'll notice, his list of people in active charge is a lot shorter than some other places and he is one of them. Not to make excuses for him, (but) his schedule is even tighter, which could be an explanation of why he may not be here as well. we can follow up with him after this if you wish. Pawasarat-Losalio: I'm not so much questioning his showing up or not, but just so I have a clear understanding. I'm more wanting to know what he's done since. There's just two people on the list that had their card expire. Is that person still working there or not? what have they done? Gonzalez: Since the incident happened, he has had additional staff take the liquor card class with us. He has updated his PIAC list. Fuke: Did Kent get his PIAL? Gonzalez: I can't recall off hand, but I can check on that. Giffin: Excuse me, Mr. Chair, I want to ask Brandon, did they then also post the list? Gonzalez: Update their list? Giffin: Yes, and post it? Isn't that a part of what they're supposed to do? Gonzalez: Yes. Giffin: So that's already been done. There has been a follow-up? Gonzalez: Yes, there has been. Giffin: okay. Mukai: Chair, I have a question. From what I gathered when I read this, when the investigator went in there, the list was an old list that was on the board. when the investigator went back, the owner posted another list; but that too was an old list? Fuke: It was even older, I think. Mukai: Yes, it was even older. I would've liked to ask him why he did that. It's seems irresponsible to post an older list. I would've liked to ask him if he didn't look at the dates. Fuke: It wasn't the Licensee, but whoever the employee was. Kent was there, right? Mukai: It caused me concern that after it was addressed, they ended up putting up another list that didn't show any improvement. Actually it was worse than the original list. DECEMBER 6, 2018 -- LIQUOR ADJUDICATION BOARD MINUTES 15 Fuke: According to the report, his scheduled closing time is at 0:00 P.M. If anything, the extended violation would have been maybe, potentially, only an hour and a quarter more, right? It's not like he was going to operate until 10 or 11:00 that night. I also think that the amount of revenue generated during that time was relatively small. Just overall, do you get a sense as far as the scale of the business there? I know it's a golf course area. Is it relatively small? or is it large like Kim's at the Municipal? In the relative scheme of things. Gonzalez: i have not done that type of... Takase: I would have to say, "eyeballing" it, it's smaller. Fuke: Okay. This was their first violation? Schoen: Yes. Fuke: Any further discussion? The motion on the floor is to accept the recommended penalty which is $1,000 less $500. There was no further discussion from the Board Members. Fuke: All those in favor say, "Aye." The Board Members voted "Aye." Fuke: Those opposed, "Nay." There was no opposition by the Board Members. Fuke: Motion is carried unanimously. The motion was unanimously carried. Fuke: A formal Decision and order. will be sent to the Licensee? Schoen: Yes. Fuke: That concludes my last business as chair for substantive matters. Are there any other unfinished business? IV. Unfinished Business There was no unfinished business. DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 16 V. New Business Fuke: There's the election of Chairperson and Vice Chair for the year 2019. Regrettably, haven't appointed a nominating committee and I should have. We're open now for a nomination for Chair for the year 2019. The normal protocol is to have the Vice Chair be ascended to the Chair. Mukai: I feel we should follow protocol. Fuke: Can you make a formal motion? Mukai: Right now, the Vice Chair is Geri? Fuke: Yes. Mukai: Mr. Chair, I move to follow protocol and nominate our Vice Chair as incoming Chairperson for the year 2019. Fuke: Is there a second? Pawasarat-Losalio: I second, if she's open. Are you okay with that? Mr. Mukai moved to follow protocol and nominate Vice Chair Geraldine Giffin as Chairperson for the year 2019; seconded by Andi Pawasarat-Losalio. Fuke: Unless there's any objection from the nominee, Ms. Giffin, all those in favor of Ms. Giffin being the Chair for the year 2019, please say, "Aye." There was no opposition by Ms. Giffin. The Board Members voted "Aye." Fuke: Opposed, "Nay." There was no opposition by the Board Members. Fuke: Motion carried. The motion was carried unanimously. Fuke: Congratulations. Fuke: May I have a motion for Vice Chair for the year 2019? Giffin: Mr. Chair, I nominate Riley Smith. DECEMBER 6, 2018 -- LIQUOR ADJUDICATION BOARD MINUTES 17 Fuke: Is there a second? M ukai: Second. Ms. Giffin moved to nominate Riley Smith as Vice chair for the year 2019; seconded by Mr. M ukai. Fuke: Moved and seconded that Riley Smith be nominated as Vice Chair for the year 2019. Any discussion? There was no discussion from the Board Members. Fuke: All those in favor, please say "Aye." The Board Members Voted "Aye." Fuke: opposed, "Nay." There was no opposition by the Board Members. Fuke: Motion carried. Riley, in absentia, you are the Vice Chair. Pawasarat-Losalio: Congratulations. Vl. Announcements Meetings of Liquor Adjudication Board Fuke: Mr. Director, anything about upcoming meetings? Takase: We are going to have a meeting in February. Fuke: Tentative location? Takase: In Hilo. Takase: The third week is... Mukai: February 21. Takase: What time is it usually scheduled for? Lim: 10:00. Takase: Yes, it's been 10:00, but I leave it up to the Board. DECEMBER B, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 18 Gonzalez: I'll discuss it with the Director because the cases we have pending are in both East and West Hawaii. Giffin: could you tell us how many, perhaps? Gonzalez: More than one. Takase: Six. Gonzalez: Several. I don't want to prejudice my investigators. Takase: As many as six. Mukai: We should do it in the morning. Giffin: Will you be there on February 21St? Fuke: I may be a holdover if there's no member appointed and confirmed by the Council. February 21, 2019 (next meeting). February 21, 2019, 10:00 A.M., Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii. March 21, 2019, 10:00 A.M., location TBA. Fuke: Any other announcements? Takase: The only other announcement is that this is Sid's last official meeting as our Adjudication Board Member. The Mayor sent you this Certificate of Appreciation for your service. Fuke: Thank you, Gerald. Vll. Adjournment Fuke: Is there a motion to adjourn the meeting? Mukai: So move. Giffin: Second. Mr. Mukai moved to adjourn; seconded by Ms. Giffin. Fuke: All those in favor, please say "Aye." The Board Members voted "Aye." DECEMBER E, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 19 Fuke: Opposed, "Nay." There was no opposition by the Board Members. Fuke: Motion carried. The motion was carried unanimously. The meeting was adjourned at 1:40 P.M. Aot e-16 400/a -P Gerald Takas Director DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 20