The URL can be used to link to this page

Home My WebLink About2019-02-07 Liquor Commission MinutesCOUNTY OF HAWAII DEPARTMENT OF LIQUOR CONTROL LIQUOR COMMISSION February 7, 2019 HILO LAGOON CENTRE, 101 AUPUNI STREET, UNIT 230, HILO, HAWAII I. Call To Order The meeting was called to order by Chair Shelby Nahale-a at 10:01 A.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: Commissioners: Shelby Nahale-a, Chair David Greenwell, Vice Chair Warren Arakaki, Commissioner Michael Hughes, Commissioner Ronald Ibarra, Commissioner Claude Onizuka, Commissioner Dawn Raymond, Commissioner Allen Salave'a, Commissioner Paula Thomas, Commissioner Absent and Excused: Gerald Takase, Director Stacie Waltjen, Licensing Tech. Others Present: Brandon Gonzalez, Administrative Officer Craig Masuda, Deputy Corporation Counsel Dorsi Lim, Secretary to the Board and Commission Nahale-a: We have a couple of new commissioners with us today, so I would like to start off with introductions. Dorsi, let's start on your side. Lim: Dorsi Lim, Secretary. Salave`a: Alan Salavea, Commissioner. Hughes: Mike Hughes, Commissioner. Raymond: Dawn Raymond, Commissioner. Masuda: Craig Masuda, Commission Counsel. Nahale-a: Shelby Nahale-a, Commissioner. Hawaii County is an Equal Opportunity Provider and Employer Greenwell: David Greenwell, District 9 Commissioner. Ibarra: Ron Ibarra, District 8, new Commissioner. Arakaki: Warren Arakaki, Commissioner. Onizuka: Claude Onizuka, Commissioner. Thomas: Paula Thomas, Commissioner. Gonzalez: Good morning, Brandon Gonzalez, Administrative Officer. II. Approval of Minutes Nahale-a: Thank you everyone. The January 3, 2019, minutes were circulated by email and mail on January 31, 2019. There is a correction to New Business Item No. 5 on page 13, the motion was made by Mr. Greenwell and was seconded by Mr. Salave'a, not Ms. Raymond; and to New Business, Item No. 7 on page 15, "seconded by Mr. Salave`a" should be added to the motion made by Mr. Greenwell. Nahale-a: Are there any other corrections to the minutes? There were no other corrections to the minutes. Nahale-a: If not, could we have a motion to approve the minutes as corrected? Greenwell: I make the motion. Raymond: Second. Mr. Greenwell moved to approve the January 3, 2019, Liquor Commission Minutes as corrected; seconded by Ms. Raymond. Nahale-a: It has been moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: If not, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 2 III. Approval of Addendum and/or Supplemental Agenda Nahale-a: We do have an addendum to the agenda this morning. Pursuant to Section 92-7, Hawaii Revised Statutes, as amended, Item 1 is the proposed amendment to the agenda and has been determined not to be of reasonably major significance nor does it affect a significant number of persons, and are proposed for placement on the agenda by two-thirds vote of the Commission. 1. Preliminary Hearings, ADD paragraph to read: 3. Application No. 18-19 (10:00 A.M.) The Elevation Wine Fund, LP, dba The Elevation Wine Fund, LP, for a Change of Location to its Wholesale Beer and Wine liquor license, to 74-5483 Kaiwi Street, Unit #1506, Kailua-Kona, Hawaii, TMK: 7-4-015:008. Greenwell: I make the motion to approve the addendum. Raymond: Second. Mr. Greenwell moved to approve the addendum to the February 7, 2019, Liquor Commission agenda; seconded by Ms. Raymond. Nahale-a: It's been moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: Roll call vote, Dorsi? Lim: Commissioner Warren Arakaki? Arakaki: Aye. Lim: Commissioner Onizuka? Onizuka: Aye. Lim: Commissioner Ibarra? Ibarra: Aye. Lim: Commissioner Thomas? Thomas: Aye. Lim: Commissioner Greenwell? FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 3 Greenwell: Aye. Lim: Commissioner Raymond? Raymond: Aye. Lim: Commissioner Hughes. Hughes: Aye. Lim: Commissioner Salave`a? Salave`a: Aye. Lim: Madam Chair Nahale-a? Nahale-a: Aye. Lim: Madam Chair we have nine Ayes, zero Nays. The Ayes have it. Nahale-a: Thank you, motion carries. The motion was carried unanimously. Nahale-a: We also have amendments to the agenda. 2. Preliminary Hearings, Item No. 2, (to help what is being applied for) will now read: 2. Application No. T18-18 (10:00 A.M.) Kona Brewery LLC, dba Kona Brewing Co., for a sale and transfer of a Dispenser General liquor license, Category B2, currently held by Kona Brewing Co., LLC dba Kona Brewing Co., LLC nd pureuant t 13 Rogulati nc f tho Liqu r E mmicci n, undor ite applicati n f r a Change in Class t a Class 18, Small Craft Pr duccr Pub, at 74-5612 Pawai Place, Kailua-Kona, Hawaii, TMK: 7-4-010:001. 3. New Business, Item No. 16(j), Application No. SP -18-74, address for the Kohala Village HUB should be 55-514 Hawi Road, not 55-541 Hawi Road. New Business, Item No. 16(k), Application No. SP -18-75, add tradename, paragraph to read: FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 4 k. Application No. SP -18-75, North Kohala Community Resource Center, dba North Kohala Community Resource Center, for a Special Beer and Wine liquor license, on February 8, 2019, at the Kohala Village HUB, 55-514 HawT Road, Haw'', Hawaii. Nahale-a: Motion to approve the amendments to the agenda? Greenwell: I make the motion. Raymond: Second. Mr. Greenwell moved to approve the amendments to the February 7, 2019, Liquor Commission Agenda; seconded by Ms. Raymond. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. IV. Public Statements on Agenda Items Nahale-a: Is there anyone here from the public who would like to make a statement? There was no statement from the public. V. Public Hearings Nahale-a: Seeing none, we will move forward to Public Hearings, Item No. 1, Application No. 18-12, Pele's Wok Bistro & Bar LLC, dba Pele's Wok Bistro & Bar, for an original Restaurant General liquor license, Category B1, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite #108, Kamuela, Hawaii, TMK: 6-8-022:002. 1. Application No. 18-12 (10:07 A.M.) Pele's Wok Bistro & Bar LLC, dba Pele's Wok Bistro & Bar, for an original Restaurant General liquor license, Category B1, located at The Shops at FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 5 Mauna Lani, 68-1330 Mauna Lani Drive, Suite #108, Kamuela, Hawaii, TMK: 6-8-022:002. James Babian, Owner/Manager, was present. Nahale-a: Are there any representatives for this application? Please come forward. Babian: Good morning. Nahale-a: Good morning. Could you please identify yourself and your relationship to the business? Babian: I'm James Babian the President and Owner. Nahale-a: Good morning, James. Have you looked over your report and do you have any changes? Babian: No. Nahale-a: Could you briefly describe your business first? Babian: Sure, it's a Chinese inspired farm to table restaurant. We are currently doing dinner only from 4:00 P.M. to 9:00 P.M. There's a little outside patio, it's a small (inaudible). Nahale-a: Thank you. Director, are there any reports of protests? Gonzalez: Thank you, Madam Chair. This is an application for an original license. The applicant mailed 118 out of 130 notice within 100 feet, 120 out of 135 notices within 500 feet, and one notice to a condominium or co-op property owner. There was 135 properties entitled to protest and we did not receive any protests. Nahale-a: Thank you. Is there any public testimony for this application? There was no public testimony. Nahale-a: Seeing none, Commissioners any discussion or questions? There was no discussion or questions from the Commissioners. Greenwell: I make the motion to close public hearing. Salave`a: Second. Mr. Greenwell moved to close the public hearing; seconded by Mr. Salave`a. Nahale-a: Motion to close public hearing moved and seconded. Any discussion on this motion? FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 6 There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: Can I get a motion to approve or deny Application No. 18-12, pending final inspection? Greenwell: Motion to approve Application No. 18-12, pending final inspection. Raymond: Second. Mr. Greenwell moved to approve Application No. 18-12, Pele's Wok Bistro & Bar LLC, dba Pele's Wok Bistro & Bar, for an original Restaurant General liquor license, Category B1, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite #108, Kamuela, Hawaii, TMK: 6-8-022:002, pending final inspection; seconded by Ms. Raymond. Nahale-a: Moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor of approving say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: We also need to move to ratify issuance of temporary license T -REST -G-920 which was effective December 4, 2018. Greenwell: Motion to ratify. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 7 Hughes: Second. Mr. Greenwell moved to ratify the issuance of temporary license T -REST -G-920, effective December 4, 2018, for Pele's Wok Bistro & Bar LLC, dba Pele's Wok Bistro & Bar, located at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Suite #108, Kamuela, Hawai`i, TMK: 6-8-022:002; seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Babian: Thank you. Mahalo. Nahale-a: Thank you very much. Thomas: Thank you. Nahale-a: No. 2, Application No. 18-13, Maruhiro Enterprise Co., Ltd., dba Shiono at Mauna Lani, Restaurant General liquor license, Category A, for a Change of Location to The Shops at Mauna Lani, located at 68-1330 Mauna Lani Drive, Suite 111, Kamuela, Hawaii, TMK: 6-8-022:002. 2. Application No. 18-13 (10:09 A.M.) Maruhiro Enterprise Co., Ltd., dba Shiono at Mauna Lani, Restaurant General liquor license, Category A, for a Change of Location to The Shops at Mauna Lani, located at 68-1330 Mauna Lani Drive, Suite 111, Kamuela, Hawaii, TMK: 6-8-022:002. Yuka Kawakami, Office/Operation Manager, was present. Nahale-a: Good morning. Could you please identify yourself and your relationship to the business? FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 8 Kawakami: Good morning. My name is Yuka Kawakami. I'm the Office and Operation Manager at Sushi Shiono. Nahale-a: Are there any changes to the report? Kawakami: No. Nahale-a: Could you please briefly describe the business? Kawakami: We are a Japanese restaurant serving sushi and Japanese cuisine. Nahale-a: Thank you. Director, are there any reports of protests? Gonzalez: There are no protests. Madam Chair, this is a change of location. The applicant mailed 130 out of 132 notice within 100 feet, 133 out of 135 notices within 500 feet, and one notice to a condominium or co-op property owner. There were 135 properties entitled to protest and we received zero protests to this application. Nahale-a: Thank you. Any public testimony for this application? There was no public testimony. Nahale-a: Seeing none, Commissioners, discussion or questions? There was no discussion or questions from the Commissioners. Nahale-a: Move to close public hearing? Greenwell: I make the motion to close public hearing. Salave`a: Second. Mr. Greenwell moved to close the public hearing; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor of closing public hearing say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 9 The motion was carried unanimously. Greenwell: Motion to approve Application No. 18-13, pending final inspection. Hughes: Second that. Mr. Greenwell moved to approve Application No. 18-13, Maruhiro Enterprise Co., Ltd., dba Shiono at Mauna Lani, Restaurant General liquor license, Category A, for a Change of Location to The Shops at Mauna Lani, located at 68-1330 Mauna Lani Drive, Suite 111, Kamuela, Hawaii, TMK: 6-8-022:002, pending final inspection; seconded by Mr. Hughes. Nahale-a: Motion to approve has been made and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor of approving say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Kawakami: Thank you. Nahale-a: Thank you very much. No. 3, Application No. 18-14, JKL & Associates, LLC, dba E Komo Mai Diner Bar & Grill, Dispenser General liquor license, Category B2, for a Change of Location to 1550 Kamehameha Avenue, Hilo, Hawaii, TMK: 2-2-032:010, and a Change in Class to a Class 11, Cabaret liquor license. 3. Application No. 18-14 (10:10 A.M.) JKL & Associates, LLC, dba E Komo Mai Diner Bar & Grill, Dispenser General liquor license, Category B2, for a Change of Location to 1550 Kamehameha Avenue, Hilo, Hawaii, TMK: 2-2-032:010, and a Change in Class to a Class 11, Cabaret liquor license. Jalyn K. Like, Owner, was present. Nahale-a: Good morning. Could you please identify yourself and your relationship to the business? FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 10 Like: Good morning. Jalyn K. Like, Owner of E Komo Mai Diner Bar & Grill. Nahale-a: Mahalo. Anything to change in your report? Like: No. Nahale-a: Could you briefly describe your business for us? Like: It's a restaurant and a bar. Nahale-a: Director, any report of protests? Gonzalez: Ms. Chairperson, this is an application for a change of location and a change of class. There were no protests received. Specifically, the applicant mailed eight out of eight notices within 100 feet, 27 out of 28 notices within 500 feet, and there were no notices to condominium or co-op property owners. There was a total of 24 properties entitled to protest and there were zero protests received to this application. Nahale-a: Thank you very much. Any public testimony? There was no public testimony. Nahale-a: Seeing none, Commissioners, any discussion or questions of the owner? Gonzalez: I do have a question. Nahale-a: Yes? Gonzalez: (to Ms. Like) Are you serving, as part of the Cabaret change, pupus to the customers? Like: Yes. Gonzalez: To the extended hours? Like: Yes. Gonzalez: Thank you. Nahale-a: Thank you. Any others? Greenwell: Move to close the public hearing. Raymond: Second. Mr. Greenwell moved to close the public hearing; seconded by Ms. Raymond. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 11 Nahale-a: Moved and seconded to close public hearing. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Greenwell: Motion to approve Application No. 18-14, pending the balance of $12.50 for Change of Class fee and final inspection. Arakaki: Second. Mr. Greenwell moved to approve Application No. 18-14, JKL & Associates, LLC, dba E Komo Mai Diner Bar & Grill, Dispenser General liquor license, Category B2, for a Change of Location to 1550 Kamehameha Avenue, Hilo, Hawaii, TMK: 2-2-032:010, and a Change in Class to a Class 11, Cabaret liquor license, pending payment of the balance of $12.50 for Change of Class fee and final inspection; seconded by Mr. Arakaki. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: We also need to move to ratify issuance of temporary license T -DG -811, effective October 31, 2018. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 12 Salave`a: So move. Hughes: Second. Mr. Salave`a moved to ratify the issuance of temporary license T -DG -811, effective October 31, 2018, for JKL & Associates, LLC, dba E Komo Mai Diner Bar & Grill, for a Change of Location to 1550 Kamehameha Avenue, Hilo, Hawaii, TMK: 2-2-032:010; seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. The motion was carried unanimously. VI. Preliminary Hearings Nahale-a: If there are no objections, we'll take Item No. 2, Application No. T18-18 out of order. Any objections? There were no objections from the Commissioners. Nahale-a: Application No. T18-18, Kona Brewery LLC, dba Kona Brewing Co., for a sale and transfer of a Dispenser General liquor license, Category 62, currently held by Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, located at 74-5612 Pawai Place, Kailua-Kona, Hawaii, TMK: 7-4-010:001. 2. Application No. T18-18 (10:13 A.M.) Kona Brewery LLC, dba Kona Brewing Co., for a sale and transfer of a Dispenser General liquor license, Category B2, currently held by Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, located at 74-5612 Pawai Place, Kailua-Kona, Hawaii, TMK: 7-4-010:001. Nahale-a: It is my understanding there are no representatives for this business, correct? Gonzalez: Madam Chair, correct. The applicant sends their regrets that they cannot attend due to a conflict in schedule. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 13 Nahale-a: Thank you. I could use some direction. Gonzalez: The office has been in contact with the attorney and the applicant. They will be attending the public hearing that will be set, if it's approved. They indicated that there were no changes to the report. The business is described as the dispenser/restaurant side of the Kona Brew located in West Hawaii. What they are doing in this matter is basically changing the entity name from Kona Brewing Company, or KBC to Kona Brewery LLC. All the officers remain the same but it's a corporate change in the name so we treat it as a transfer. That's the gist of what they're asking for in this application. Nahale-a: Thank you. Before your question, Vice Chair, I'II ask for public testimony and then we can discuss it. Any public testimony on this application? Commissioners? There was no public testimony. Greenwell: Brandon, is that going to be a public hearing or preliminary hearing? Gonzalez: This is the preliminary hearing, Mr. Greenwell, so it would be a public hearing in March. Greenwell: Public hearing in March? Gonzalez: Yes. Salave`a: Madam Chair, I have a question for Brandon. So the sale or the transfer is just housekeeping so to speak for the corporation side? Gonzalez: Correct. There is no cash money being changed. What they have changed is the name of the entity, so it is like a housekeeping matter on their end. Salave`a: Thank you. Arakaki: I have a question. So are there two entities, then? One is the restaurant side and one is the brewery side? Gonzalez: Very good question. No, because as you can see in the next matter on the agenda, the updated entity name is going to be asking to consolidate the restaurant side and the manufacturer side to one type of license. This option wasn't available to them back when they first got their liquor licenses from the County. Masuda: The reason why it wasn't available wasn't because they didn't qualify. They just didn't have Class 18, a Small (Craft Producer Pub) Brewery, until two years ago. Salave`a: To follow up, in the restructuring of the corporation they are doing the name change as well as updating of the liquor license that is most applicable for them to operate under? Gonzalez: Correct. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 14 Nahale-a: They're doing name change first and then change in class. That's why we took it out of order. Thomas: Is it necessary to have the new name listed here in this application or not? Because it just says they want a sale and transfer from something but it doesn't say to. I'm just wondering from a recording standpoint if it needs to say Kona Brewery. Gonzalez: The Commission's report details what the entities involved are so this is the agenda item that is a more condensed version to describe the general actions involved. Thomas: Okay. Masuda: But yes, you are correct. A better motion would have been to have the new name recognized in the motion. Nahale-a: Do we need to clarify that? Masuda: No. Nahale-a: Any other discussion? There was no other discussion from the Commissioners. Nahale-a: Seeing none, can I get a motion? Salave'a: Motion to approve Application No. T18-18, if approved public hearing to be held on March 7, 2019, in Kona. Hughes: Second. Mr. Salave`a moved to approve Application No. T18-18, Kona Brewery LLC, dba Kona Brewing Co., for a sale and transfer of a Dispenser General liquor license, Category B2, currently held by Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, located at 74-5612 Pawai Place, Kailua-Kona, Hawai`i, TMK: 7-4-010:001; if approved, public hearing to be held on March 7, 2019, in Kona; seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 15 There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Masuda: At the public hearing the motion will state the new name. Ibarra: This is not a new name, it is a new entity, right? LLC? Gonzalez: Well, yes. It is a separate entity. Ibarra: It's a separate entity with new legal rights and responsibilities. The responsibility and liability is not transferred to this new entity? Masuda: Right. Gonzalez: So the key thing for our liquor rules is it still remains an LLC. I like to call it an updating of their name because all of their officers and corporate structure is remaining the same. It is not changing from an LLC to something else, like an LLP. They are not changing the name of the actual business, the dba, which is also covered in the rules. You are correct in your discussion. It's like they are updating it. They will be sending correspondence and requests under the updated entity name and from our side, we need to document that is the proper entity that has the authority to do that. Masuda: Until No. 1 finally passes in March. Nahale-a: Returning to No. 1 under Preliminary Hearings, Application No. 18-17, Kona Brewery LLC, dba Kona Brewing Co., submits an application for Change in Class to a Small Craft Producer Pub liquor license, Category B2 from its Manufacturer Beer liquor license and Dispenser General liquor license, Category B2, currently located at 74-5612 Pawai Place, Kailua-Kona, Hawaii, TMK: 7-4-010:001. 1. Application No. 18-17 (10:18 A.M.) Kona Brewery LLC, dba Kona Brewing Co., submits an application for Change in Class to a Small Craft Producer Pub liquor license, Category B2 from its Manufacturer Beer liquor license and Dispenser General liquor license, Category B2, currently located at 74-5612 Pawai Place, Kailua-Kona, Hawai'i, TMK: 7-4-010:001. Nahale-a: Director, any report? Gonzalez: Thank you. Again, Madam Chair, the applicant sends their regrets that they cannot be present. There are no changes to the report and I will summarize this application as follows: FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 16 What Kona Brewery is attempting to do is a consolidation of their two separate liquor licenses. Currently, they have a Manufacturers license under MB -583 for the manufacture of their beer. On the same property, they also have a Dispenser operation where people eat and can purchase beverages for on -premises consumption under Dispenser General, DG -584. When they first came into existence, the Small Craft Producer Pub class did not exist so they could not get one license to fit all. That's why they have the two separate licenses. Now they have asked to consolidate the separate Dispenser and Manufacturing licenses into the new Class 18 Small Craft Producer license. They are still staying within the same footprint of the licensed premises under the Manufacturing and Dispenser licenses and the operations will remain the same. Nahale-a: Thank you. Any public testimony for this application? There was no public testimony from the public. Nahale-a: Seeing none, Commissioners, discussion or questions? There was no discussion or questions from the Commissioners. Nahale-a: Typically the process would be for this application to come back for public hearing in April back here in Hilo. Given the current construction here at Hilo Lagoon Centre, before we make this motion, I would like to propose that we move our April meeting to Kona. There has been concern that our applicants won't be able to make the hearings because there's no parking or they would have to park in metered parking Tots around the area. So if it is agreeable to the Commission, we would have to make a motion to move our April 4, 2019, meeting to Kona. Greenwell: I make the motion. Nahale-a: Mahalo. Salave`a: Second. Mr. Greenwell motioned to move the April 4, 2019, Liquor Commission meeting to Kona in light of the current construction at the Hilo Lagoon Centre possibly affecting the applicants' attendance due to limited parking; seconded by Mr. Salave`a. Nahale-a: It has been moved and seconded to move our April 4, 2019, meeting of the Liquor Commission to Kona. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Since none, all those in favor say, "Aye." The Commissioners voted "Aye." FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 17 Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Mahalo. Motion carries. The motion was carried unanimously. Nahale-a: For this application the motion should reflect that it will come back for public hearing, April 4th in Kona. Salave`a: Move to approve Application No. 18-17, public hearing to be held on April 4, 2019, in Kona. Hughes: Second. Mr. Salave`a moved to approve Application No. 18-17, Kona Brewery LLC, dba Kona Brewing Co., for a Change in Class to a Small Craft Producer Pub liquor license, Category B2 from its Manufacturer Beer liquor license and Dispenser General liquor license, Category B2, currently located at 74-5612 Pawai Place, Kailua-Kona, Hawaii, TMK: 7-4-010:001, if approved, public hearing to be held on April 4, 2019, in Kona; seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: Thank you, Commissioners, for being agreeable to moving our April meeting to Kona. To clarify, we will have two meetings back-to-back; March will be in Kona and April again in Kona. Then that puts us... Masuda: We'II worry about that later. We don't actually know when construction will be done. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 18 Nahale-a: For now, we will have March in Kona and April in Kona. No. 3, Application No. 18-19, The Elevation Wine Fund, LP, dba The Elevation Wine Fund, LP, for a Change of Location to its Wholesale Beer and Wine liquor license, to 74-5483 Kaiwi Street, Unit #1506, Kailua-Kona, Hawaii, TMK: 7-4-015:008. 3. Application No. 18-19 (10:26 A.M.) The Elevation Wine Fund, LP, dba The Elevation Wine Fund, LP, for a Change of Location to its Wholesale Beer and Wine liquor license, to 74-5483 Kaiwi Street, Unit #1506, Kailua-Kona, Hawaii, TMK: 7-4-015:008. Leon Dreimann, Manager, was present. Nahale-a: Good morning. Please identify yourself and relationship to the business. Dreimann: Good morning. Yes, I'm applying to move premises from inside the Four Seasons property where there is a clubhouse and behind the clubhouse there is a location where we've been storing wines only for delivery to the member restaurants of the Hualalai Resort. There are other member resorts next door to it, Kukio and Nanea which are golf clubs across the road. Both have been pestering me to provide similar service as we have for Hualalai, but had agreed with the Four Seasons to be exclusive for a year. That year has expired and I am now looking for an independent location that I can supply all three. That's the reason for my application. Nahale-a: Thank you. Please describe the business for us. Dreimann: The business itself, The Elevation Wine Fund, is actually an investment wine found in premium wines and we also sell through various licenses we have around the country to other wholesalers that want rare and unusually good wine. Here in the State of Hawaii it started off as me being a member of the Food and Beverage Committee and the inability of members to bring good wine into, which they are allowed to do for any meals that they go to. So, for convenience sake the club had decided to offer the residents of the community what they describe as fair pricing compared to what the Four Seasons restaurants charge which has gone quite well. It allows the employees of the clubhouses to receive gratuities on wines that they buy that they otherwise would have brought in but the employees don't get the gratuities, so that's been really well-received by the employees. It's convenient for the members not to have to carry or sometimes they really don't know what it is that they want to eat or what wine they are going to pair it with. That's the crux of our business. Nahale-a: Thank you. Is there any public testimony for this application? There was no public testimony. Nahale-a: Seeing none, Commissioners any discussion or questions? Hughes: I'm sorry, what was your name? Dreimann: Leon, Leon Dreimann. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 19 Hughes: Thank you. Masuda: I have a question. I just have to know, is your highest end wines still that $50,000 bottle? Dreimann: We actually just recently sold a $120,000 bottle of wine. We actually tried to calculate what that is for every sip. But it came out to, if you take a 10 ml. sip, you're talking about $1,500 a sip. I never had it so I can't say if it's worth it or not, but that is certainly the most expensive I saw. There's been recently some champagne that was found at the bottom of the sea on a ship that had sunk over 120 years ago and they discovered a case of Dom Perignon still in perfect condition because it was kept very cool and the salvage company donated it to a field of charities in London and they've been selling them one bottle at a time at auctions. Each one of them brought over a million dollars per bottle. At least in this case, it's a charity. But I'd rather have an expensive car or something like that. Nahale-a: Fantastic. I can't believe it's been a year from when you first came with this idea. Dreimann: Yes, with Jason Ray who was representing Four Seasons at that time. Nahale-a: Yes, congratulations on a productive year it sounds. Dreimann: Well, it's great for the members. Four Seasons is not happy. Their three and four hundred percent mark-ups in the other restaurants interfere a little bit with people that go to both. Arakaki: I have a question about how the members get access to the wines. Is it on the menu in the restaurant? Dreimann: It's on the menu. In the restaurants, it's on the menu. There is a wine list and there's also a members website that only members have access to so they can order on the website and there is a store there called the Trading Company for members. They can order on the website and pick it up at the Trading Company if it is for their own home use. That portion of it has been rare since they dine out most of the time. Occasionally, they'll have a party or an event and they'll use that method. Nahale-a: Thank you. Any other questions or other discussion? There were no other questions or discussion from the Commissioners. Nahale-a: Seeing none, call for the question and friendly reminder that this application also should be approved with public hearing to be held in Kona in April. Onizuka: Move to approve Application No. 18-19, if approved, public hearing to be held April 4, 2019, in Kona. Hughes: Second that. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 20 Mr. Onizuka moved to approve Application No. 18-19, The Elevation Wine Fund, LP, dba The Elevation Wine Fund, LP, for a Change of Location to its Wholesale Beer and Wine liquor license, to 74-5483 Kaiwi Street, Unit #1506, Kailua-Kona, Hawaii, TMK: 7-4-015:008, if approved, public hearing to be held on April 4, 2019, in Kona; seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. The motion was carried unanimously. Dreimann: See you in April, thank you. VI. Unfinished Business Nahale-a: There is no unfinished business. VIII. New Business (10:41 A.M.) Nahale-a: No. VIII, New Business, given that we have representatives from Hawaiian Ola Brewing Corporation which is number two, the application for Increase in Licensed Premises, if there is no objection, we will take Item No. 2, Hawaiian Ola Brewing Corporation, dba Ola Brew Co., approval of Application for Increase in Licensed Premises to include the Tap Room extension, for a retail area for growler fills, merchandise and packaged items sales. There was no objection from the Commissioners. 2. Hawaiian Ola Brewing Corporation, dba Ola Brew Co., approval of Application for Increase in Licensed Premises to include the Tap Room extension, for a retail area for growler fills, merchandise and packaged items sales, to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii. Naehalani Breeland, President/Marketing Director; and Zachary Taffany, Chief Operating Officer, were present. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 21 Nahale-a: Good morning. Breeland: Good morning. Gonzalez: Can you please state your name? Breeland: My name is Naehalani Breeland. I'm the President of Ola Brew as well as the Marketing Director. Taffany: Zachary Taffany, new COO. Nahale-a: Good morning, thank you. Gonzalez: Madam Chair, this is an application for an increase in the licensed premises to include the Tap Room extension for a retail area for growler filling, and various merchandise and packaged items sales. Nahale-a: It's the purple area on the floor plan you provided? Gonzalez: Yes. Nahale-a: Yes. Since the applicants are here, Commissioners, any questions? Gonzalez: If I may? Good morning, thank you for coming. Can you describe for the Commissioners the types of merchandise or packaged goods you are thinking about selling in this area? Breeland: Yes. In our Tap Room we are currently selling shirts and hats. Basically, that's the extent of our merchandise. We are looking to expand on those sales this year, so we've started purchasing more merchandise like coffee mugs, koozies, Frisbees, shorts and aloha print shirts. We'd like to sell out of that new area. We would also have a growler fill as well as all of our canned packaged goods. That would be like the off -premises sales for our liquor. Gonzalez: Also, looking at the floor plan that you provided to the Department on January 3, 2019, it looks like there is a wall separating the Tap Room and the Tap Room extension area that you are applying for. Is that correct? Is there a wall? Breeland: Yes, that's correct. We will build a door, a fire proof door that we'll keep closed until people are going in there. Gonzalez: My final question, is there going to be an employee in the extension area to monitor the merchandise? Breeland: Yes, we'll always have an employee there. Sometimes two. Gonzalez: Thank you. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 22 Nahale-a: Thank you. I also have a question. I also see a Tap Room Lanai that is attached to that area. Breeland: We're not requesting for that right now. We're trying to go in stages. Nahale-a: Okay. Patrons won't be allowed to go in to that area? Breeland: No. Nahale-a: Okay. Onizuka: Question. Brandon, the person in the retail area for growlers fills has to have a blue card? Gonzalez: They will have a person on the premises that is the Person In Active Charge, the card holder. Breeland: Can I add something? That person will also have a yellow card so that they can sell off -premise as well. Nahale-a: Any other questions? There were no other questions from the Commissioners. Nahale-a: Can I get a motion for this application? Greenwell: I make the motion to approve the Application for Increase in Licensed Premises. Salave`a: Second. Mr. Greenwell moved to approve the Application for Increase in Licensed Premises, to include the Tap Room extension for a retail area for growler fills, merchandise and packaged items sales, submitted by Hawaiian Ola Brewing Corporation, dba Ola Brew Co., to its Small Craft Producer Pub liquor license, Category B1, located at 74-5598 Luhia Street, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 23 There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you. Good luck. The motion was carried unanimously. Nahale-a: I would like to request that we take up New Business, No. 9, which is Volcano Grill & Bar LLC, next since the representative is here with us today. No. 9, Volcano Grill & Bar LLC, dba Volcano Grill, approval of proposed changes to LLC, with the withdrawal of Lieu Thi Huynh as Manager and the admission of Tom Van as Manager, effective July 1, 2018; the withdrawal of Jennifer Nguyen and Jeremy James Meis as Managers, effective December 30, 2018; and acceptance of the Personal History and Affidavit received on January 7, 2019, for Tom Van, Manager, effective July 1, 2018. 9. Volcano Grill & Bar LLC, dba Volcano Grill, approval of proposed changes to LLC, with the withdrawal of Lieu Thi Huynh as Manager and the admission of Tom Van as Manager, effective July 1, 2018; the withdrawal of Jennifer Nguyen and Jeremy James Meis as Managers, effective December 30, 2018; and acceptance of the Personal History and Affidavit received on January 7, 2019, for Tom Van, Manager, effective July 1, 2018, to its Dispenser General liquor license, Category B1, located at the Alii Sunset Plaza, 75-5799 Alii Drive, Bldg. A, Units 1 & 2, Kailua-Kona, Hawaii. Tom Van, Manager, was present. Nahale-a: Would you mind identifying yourself and your relationship to the business? Van: Tom Van, President. Nahale-a: Thank you. Anyone have questions since we have the Manager here with us? Gonzalez: Madam Chair, all we have this morning is, as you can see within the LLC itself, there have been withdrawals of the managers and Mr. Van is now the new manager. They are updating their files and records with the Department and submitting the required paperwork. The Department has accepted it and is now asking for the Commission to approve the proposed changes that they have put into place. Nahale-a: Thank you very much. And thank you for joining us today. Any questions? Greenwell: Move to approve the proposed changes. Salave`a: Second. Mr. Greenwell moved to approve the proposed changes to LLC, with the withdrawal of Lieu Thi Huynh as Manager and the admission of Tom Van as Manager, effective July 1, 2018; the withdrawal of FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 24 Jennifer Nguyen and Jeremy James Meis as Managers, effective December 30, 2018; and acceptance of the Personal History and Affidavit received on January 7, 2019, for Tom Van, Manager, effective July 1, 2018, submitted by Volcano Grill & Bar LLC, dba Volcano Grill, to its Dispenser General liquor license, Category B1, located at the AIi`i Sunset Plaza, 75-5799 Alii Drive, Bldg. A, Units 1 & 2, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Nahale-a: The approval has been moved and seconded. Any discussion on this motion? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you very much. The motion was carried unanimously. Van: Thank you. Nahale-a: Returning to No. 1 under New Business, Italian Restaurant #2, LLC, dba Romano's Macaroni Grill, approval of proposed changes to LLC, with the withdrawal and transfer of their interest of Great Hawaiian Investments LLC (8%) and VJM Investments, LLC (44%) to existing member, W. Randall Schoch and Cheri L. Schoch, Trustees of the Schoch Revocable Living Trust dated November 19, 2001, effective date November 27, 2018. 1. Italian Restaurant #2, LLC, dba Romano's Macaroni Grill, approval of proposed changes to LLC, with the withdrawal and transfer of their interest of Great Hawaiian Investments LLC (8%) and VJM Investments, LLC (44%) to existing member, W. Randall Schoch and Cheri L. Schoch, Trustees of the Schoch Revocable Living Trust dated November 19, 2001, effective November 27, 2018, to its Restaurant General liquor license, Category B1, located at the Queen's MarketPlace, 69-201 Waikoloa Beach Drive, Suite 1010, Waikoloa, Hawaii. Greenwell: Move to approve the proposed changes. Arakaki: Second. Mr. Greenwell moved to approve the proposed changes to LLC, with the withdrawal and transfer of their interest of Great Hawaiian Investments LLC (8%) and VJM Investments, LLC (44%) to existing FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 25 member, W. Randall Schoch and Cheri L. Schoch, Trustees of the Schoch Revocable Living Trust dated November 19, 2001, effective November 27, 2018, submitted by Italian Restaurant #2, LLC, dba Romano's Macaroni Grill to its Restaurant General liquor license, Category B1, located at the Queen's MarketPlace, 69-201 Waikoloa Beach Drive, Suite 1010, Waikoloa, Hawaii; seconded by Mr. Arakaki. Nahale-a: It's been moved and seconded. Any discussion on this item? There was no discussion from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 3, Big Island Distillers Inc., dba Big Island Distillers, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests approval to extend the time issuance of its Small Craft Producer Pub liquor license, Category A, for an additional six months from January 4, 2019, to and including July 4, 2019. 3. Big Island Distillers Inc., dba Big Island Distillers, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requests approval to extend the time issuance of its Small Craft Producer Pub liquor license, Category A, for an additional six months from January 4, 2019, to and including July 4, 2019, by email dated January 11, 2019. Nahale-a: Could I please get a motion requesting a finding of good cause for this extension? Gonzalez: Madam Chair, to give the Commission more insight to the basis for the good cause, this applicant/licensee was working concurrently to obtain government approvals from various State and Federal agencies. He's gotten most of them, but there are a few things he has to take care of with the Fire Department/Building Department of the County which is preventing him from asking for the (Department of) Liquor final inspection. It's something he's been working on; that's why (the request). Greenwell: Brandon, why did the email come in January 11 (2019) when he knew that he was going to be out of time on January 4th, and he could have come in to our last month's meeting FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 26 and presented his case so that we could be semi -ready to approve it or disapprove it? But, here, he's coming in late and now he's asking for an extension. Is the guy legit? Gonzalez: That is a very good question and I have to tell you that I need to look into that further to see what the circumstances were with the communication because I don't know at this point. Just speculating, it could be because it was around the new year and there could have been things that just didn't occur. Maybe we told him to give us something in writing so we could put it on the agenda. I'm not sure. I have to review the overall file to see. Raymond: Could it be possible that maybe with that we can postpone it for further updates or clarification or no? Onizuka: The thing is, he's asking for an extension of time because the permits are not coming through. To be honest with you, it takes a while. Especially considering the holiday season, you may not get any response from the County. I think that was the problem and he was probably hoping that it would come through by the end of the year. But in this case, he's just asking for an extension of time to finish up his permits. Gonzalez: One thought that comes to mind is if the original approval came in around, that's why I'd have to check when the original approval came in. By rule he has up until, I want to say, about six months to ask for the extension. Maybe he was waiting until the very last minute because he was hopeful he would get the approval. It didn't happen. As for the extension, that's what I want to verify in the file. Gonzalez: Typically, we don't get a lot of frivolous requests for an extension like this. Nearly all of them in some part due to a circumstance that they have very little control over. Ibarra: I echo Commissioner Greenwell. His permit expired and he's coming after the fact, that expiration, unless there's a rule that says you can apply after the expiration. His permit expired January 3rd according to this email (read from the email on file), he comes in January 11. But if the Commission keeps saying well, the legal counsel says we can extend after expiration, or does he go through the whole process again? Masuda: Before we get there, maybe Mr. Gonzalez can explain why the rule is so strict and how they have to wait another year before they can reapply? Gonzalez: Yes. In the past for similar situations, the Department has been flexible in accepting the requests for an extension of time to approve because what happens then is the mechanism is that they have to start the application process all over again. Masuda: But they have to wait a year first. Gonzalez: Yes. Masuda: They're going to lose their investors. Greenwell: Brandon, if we give him a break so to speak, are we setting precedence? Or do we need to tighten up on these people? FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 27 Gonzalez: If the Commission makes the motion to extend, it is being consistent with how previous Commissions and the Department has treated similar requests. Like I said, the situation could have been that the Department asked him to submit something in writing or he already was telling us verbally over the phone that he thinks he needs an extension beforehand. Gonzalez: Typically what we tell them is to give us something in writing so we can bring it to the Commission, especially when it comes that close to the deadline. Gonzalez: I apologize I'm not too familiar with the very specifics on this particular request. But it would consistent with how we treated previous requests. Ibarra: Could I ask legal counsel if that's legal? Masuda: If you're looking at the letter of the rule, the rule does not provide for such extension. If you're looking at what the Commission and Department has done, for quite a long time, yes, it does. Ibarra: I've seen in my 28 years on the bench, the County has come before me saying we've been doing it all the time, but there's no legal authority. One day, when you go to court, the judge says even when you've been doing it for 20, 30 years, you have no authority to do that so we're going to do it right from now on. I just asked legal counsel, I'm not making any decision, basically, what is the rule, what is the law? Gonzalez: The Department has been real flexible on this for several reasons and one of them is the specific rule says 'a request for extension may be submitted for good cause for an additional six months provided that the applicant may request an additional six month extension upon proof that the project is actively under construction and/or is seeking compliance to another agency's regulations which is what is occurring in this situation. This is Rule 4-2-M. But the rule doesn't specifically say they have to submit the request for extension before the one year approval period expires. That is why we are flexible with that. Masuda: True, but the assumption is that you're going to ask for it ahead of time. Ibarra: So how long after can they ask for an extension? Masuda: There's nothing that says a length of time that they have to ask for an extension. Nahale-a: The rule states 'therefore the approval of an application may be cancelled and the applicant may be required to apply for a new license.' Masuda: If you look at the email from Friday, January 11 (2019), the rule is cited toward the bottom. But in answer to your question, is that specific rule allowing for an extension of the extension period? Ibarra: After the expiration? Masuda: Yes, there is none. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 28 Nahale-a: My interpretation would be that it's up to the discretion of this Commission. Masuda: It is. Thomas: We don't know when he first made the request, right? Because the response was on January 10 (2019), and then he wrote the letter of response, but there was something else before them. There's more of this email that hasn't been printed out. Masuda: That's why Mr. Gonzalez was saying he doesn't know when the initial contact was made. Gonzalez: Just reading the email string that's attached, the argument could be made; this applicant is dealing with real life matters trying to get it operating and running and he missed the deadline, like many of our licensees do, until we reminded him. We didn't remind him until January 10 (2019), which was already past the deadline. The argument could be made that we should have let him know on December 3rd (2018) that the license issuance period will expire in thirty days, what is the status. Masuda: True, but I don't want that to be interpreted as an obligation of the Department, to warn them of their (deadline). Gonzalez: Looking at the rule, the rule does not specifically require him to make the request for extension before it expires. Masuda: That's why I said, the assumption is you could ask for an extension before it expires. Onizuka: Would it be okay if we deferred this matter to the next meeting since the Director and the Licensing Technician that's involved is not present today, and have them consult with legal counsel and come up with a recommendation for us at the next meeting? Nahale-a: Yes. lbarra: I would agree. At least if the person is here, he could hear the Commission's concern. Masuda: Will you make the motion, Mr. Onizuka? Onizuka: Move to defer to our next meeting and have the Director and Licensing Technician in conjunction with legal counsel come up with a recommendation to the Commission. Salave`a: Second. Mr. Onizuka moved to defer New Business, Item No. 3, Big Island Distillers Inc., dba Big Island Distillers, pursuant to Rule 4-2-M of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, requesting approval to extend the time issuance of its Small Craft Producer Pub liquor license, Category A, for an FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 29 additional six months from January 4, 2019, to and including July 4, 2019, by email dated January 11, 2019; seconded by Mr. Salave`a. Nahale-a: Motion made and seconded to defer Item No. 3 to our next meeting with a request of the Department to confer with legal counsel to come up with a recommendation for the Commission. Any discussion? Masuda: March? Gonzalez: March 7 (2019). Nahale-a: To defer to March 7 (2019). Any discussion? Salave`a: I have a question for Brandon. Any implication for the deferment on the applicant? Gonzalez: You mean for his status? Salave`a: Yes. Gonzalez: At this point, he is unable to get a liquor license because he needs to meet certain requirements at his facility for another agency. Salave`a: And that's being held up by the Building Permit side so this action really doesn't... Masuda: It goes to his benefit and it buys him another month. Salave`a: Right, yes. Okay, thank you. Gonzalez: Good question. Nahale-a: Any other questions? There were no other questions from the Commissioners. Nahale-a: All those in favor of the motion to defer say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: Mr. Gonzalez, you will work with staff? FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 30 Gonzalez: Yes, to address the issue and come up with a recommendation for the Commission. Nahale-a: Yes. Thank you very much. No. 4, Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, ratification of Temporary Increase in Licensed Premises to the Kona Brew yard and Brew House on February 16, 2019. 4. Kona Brewing Co., LLC, dba Kona Brewing Co., LLC, ratification of Temporary Increase in Licensed Premises to the Kona Brew yard and Brew House on February 16, 2019, approved by Director Gerald Takase on January 10, 2019, to its Dispenser General liquor license, Category B2, located at the Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii. Greenwell: Move to ratify. Onizuka: Second. Mr. Greenwell moved to ratify the Application for Temporary Increase in Licensed Premises, to the Kona Brew yard and Brew House on February 16, 2019, submitted by Kona Brewing Co., LLC, dba Kona Brewing Co., LLC approved by Director Gerald Takase on January 10, 2019, to its Dispenser General liquor license, Category B2, located at the Kona Industrial Subdivision, 75-5629 Kuakini Highway, Kailua-Kona, Hawaii; seconded by Mr. Onizuka. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of the motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 5, The Kalama Beach Corporation, dba Malama Market, dba Malama Market (Honokaa), Malama Market (Ocean View), approval of change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 31 received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer. 5. The Kalama Beach Corporation, dba Malama Market, dba Malama Market (Honokaa), Malama Market (Ocean View), approval of change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer, to its Retail General liquor licenses. Onizuka: Move to approve. Greenwell: Second. Mr. Onizuka moved to approve the change of Officers with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer, submitted by The Kalama Beach Corporation, dba Malama Market, dba Malama Market (Honokaa), Malama Market (Ocean View), to its Retail General liquor licenses; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of the motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 6, Foodland Super Market, Limited, dba Foodland (Keaau), dba Foodland Farms, dba Foodland Super Market — Waimea, dba Sack 'N Save (Kinoole), dba Sack 'N Save (Kona), dba Sack 'N Save (Puainako), approval of change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 32 appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer. 6. Foodland Super Market, Limited, dba Foodland (Keaau), dba Foodland Farms, dba Foodland Super Market — Waimea, dba Sack 'N Save (Kinoole), dba Sack 'N Save (Kona), dba Sack 'N Save (Puainako), approval of change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer, to its Retail General liquor licenses. Thomas: Move to approve. Onizuka: Second. Ms. Thomas moved to approve the change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer, submitted by Foodland Super Market, Limited, dba Foodland (Keaau), dba Foodland Farms, dba Foodland Super Market — Waimea, dba Sack 'N Save (Kinoole), dba Sack 'N Save (Kona), dba Sack 'N Save (Puainako); seconded by Mr. Onizuka. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of the motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 33 Nahale-a: No. 7, Food Pantry Ltd., dba Holo Holo Market, dba Lamonts Gift & Sundry #431, dba Mauna Kea Market, dba Whalers General Store #230, and dba Whalers General Store #77, approval of change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer. 7. Food Pantry Ltd., dba Holo Holo Market, dba Lamonts Gift & Sundry #431, dba Mauna Kea Market, dba Whalers General Store #230, and dba Whalers General Store #77, approval of change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer, to its Retail General liquor licenses. Nahale-a: Is there a motion to approve? Onizuka: Move to approve. Greenwell: Second. Mr. Onizuka moved to approve the change of Officers, with the withdrawal of Andrew Tadao Kawano as Executive Vice President and Chief Financial Officer, and appointment of Dan Tregeagle Bessey as Executive Vice President and Chief Financial Officer, effective December 12, 2018; and acceptance of the Personal History and Affidavit received on January 11, 2019, for Dan Tregeagle Bessey, Executive Vice President and Chief Financial Officer, submitted by Food Pantry Ltd., dba Holo Holo Market, dba Lamonts Gift & Sundry #431, dba Mauna Kea Market, dba Whalers General Store #230, and dba Whalers General Store #77, to its Retail General liquor licenses; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of the motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 34 Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 8, Food Pantry, Ltd., dba Holo Holo Market, dba Lamonts Gift & Sundry #431, dba Mauna Kea Market, dba Whalers General Store #230 and dba Whalers General Store #77, approval of proposed Transfer of Stock regarding 500 shares (25%) owned by The Estate of Joanna Lau Sullivan to Maureen Jenai Sullivan Wall, Chairwoman, CEO and Director, Kathleen Weng Ai Sullivan, Secretary, Treasurer and Director, Patrick Joseph Sullivan, Director, and Colleen Hoon Ai Sullivan. 8. Food Pantry, Ltd., dba Holo Holo Market, dba Lamonts Gift & Sundry #431, dba Mauna Kea Market, dba Whalers General Store #230 and dba Whalers General Store #77, approval of proposed Transfer of Stock regarding 500 shares (25%) owned by The Estate of Joanna Lau Sullivan to Maureen Jenai Sullivan Wall, Chairwoman, CEO and Director, Kathleen Weng Ai Sullivan, Secretary, Treasurer and Director, Patrick Joseph Sullivan, Director, and Colleen Hoon Ai Sullivan, to its Retail General liquor licenses, received on January 11, 2019. Upon transfer, all stock holders will own 25%; and acceptance of the Personal History and Affidavit received on January 16, 2019, for Colleen Hoon Ai Sullivan. Thomas: Move to approve. Greenwell: Second. Ms. Thomas moved to approve the proposed Transfer of Stock regarding 500 shares (25%) owned by The Estate of Joanna Lau Sullivan to Maureen Jenai Sullivan Wall, Chairwoman, CEO and Director, Kathleen Weng Ai Sullivan, Secretary, Treasurer and Director, Patrick Joseph Sullivan, Director, and Colleen Hoon Ai Sullivan, to its Retail General liquor licenses, received on January 11, 2019, submitted by Food Pantry, Ltd., dba Holo Holo Market, dba Lamonts Gift & Sundry #431, dba Mauna Kea Market, dba Whalers General Store #230 and dba Whalers General Store #77. Upon transfer, all stock holders will own 25%; and acceptance of the Personal History and Affidavit received on January 16, 2019, for Colleen Hoon Ai Sullivan; seconded by Mr. Greenwell. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of the motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 35 There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 10, Daylight Mind, Inc., dba Daylight Mind, ratification of request to transfer discontinued wine inventory, to Daylight Mind Inc., dba Daylight Mind Coffee Company. 10. Daylight Mind, Inc., dba Daylight Mind, ratification of request to transfer discontinued wine inventory, to Daylight Mind Inc., dba Daylight Mind Coffee Company, approved by Director Gerald Takase on January 9, 2019, to its Dispenser General liquor license, Category B2, located at Waterfront Row, 75-5770 AIi`i Drive, Restaurant 1, Kailua-Kona, Hawaii. Arakaki: Move to ratify. Salave`a: Second. Mr. Arakaki moved to ratify the request to transfer discontinued wine inventory, to Daylight Mind Inc., dba Daylight Mind Coffee Company, submitted by Daylight Mind, Inc., dba Daylight Mind, approved by Director Gerald Takase on January 9, 2019, to its Dispenser General liquor license, Category B2, located at Waterfront Row, 75-5770 AIi`i Drive, Restaurant 1, Kailua-Kona, Hawaii; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any discussion? Greenwell: Brandon, is this company changing names only? Gonzalez: This is a request to approve the transfer of inventory. What's happening is Daylight Mind Company has two locations, one at Waikoloa and one on Waterfront Row on Alii Drive. What they want to do is take the wine from the Waikoloa location that they are not going to be offering there and transfer that inventory to the AIi`i Drive location. They need approval each time they are taking their inventory to another licensed premises area. That's what they're asking for in this case. Greenwell: So they're just going from one point to the other? Gonzalez: Taking the bottles from the Waikoloa location to the AIi`i Drive location. Greenwell: Thank you. Nahale-a: For Commission reference, there is a listing in the communication of the inventory that is being transferred; 19 bottles of two different white wines, and many other bottles of red wine. Any other discussion? There was no other discussion from the Commissioners. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 36 Thomas: Move to ratify. Nahale-a: It's been moved and seconded. All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 11, KBXtreme, LLC, dba KBXtreme, ratification of changes to LLC, with the resignation of Summer C. Carrick and John V. Gonzales, as Members, effective December 21, 2018. 11. KBXtreme, LLC, dba KBXtreme, ratification of changes to LLC, with the resignation of Summer C. Carrick and John V. Gonzales, as Members, effective December 21, 2018, approved by Director Gerald Takase on January 16, 2019, to its Dispenser General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii. Greenwell: Move to ratify. Arakaki: Second. Mr. Greenwell moved to ratify the changes to LLC, with the resignation of Summer C. Carrick and John V. Gonzales, as Members, effective December 21, 2018, submitted by KBXtreme, LLC, dba KBXtreme, approved by Director Gerald Takase on January 16, 2019, to its Dispenser General liquor license, Category B2, located at 75-5591 Palani Road, Kailua-Kona, Hawaii; seconded by Mr. Arakaki. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor of the motion say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 37 The motion was carried unanimously. Nahale-a: No. 12, DHL Mahi Liquor, LLC, dba Mauna Lani Bay Hotel and Bungalows, ratification of Application for Alteration Permit for renovations to guest rooms and public spaces, demolition and revamping of The Ocean Grille bar, The Terraces Restaurant and the Honu Bar. 12. DHL Mahi Liquor, LLC, dba Mauna Lani Bay Hotel and Bungalows, ratification of Application for Alteration Permit for renovations to guest rooms and public spaces, demolition and revamping of The Ocean Grille bar, The Terraces Restaurant and the Honu Bar, approved by Director Gerald Takase on January 17, 2019, to its Hotel liquor license, located at 68-1400 Mauna Lani Drive, South Kohala, Hawaii. Arakaki: Move to ratify. Onizuka: Second. Mr. Arakaki moved to ratify the Application for Alteration Permit for renovations to guest rooms and public spaces, demolition and revamping of The Ocean Grille bar, The Terraces Restaurant and the Honu Bar, submitted by DHL Mahi Liquor, LLC, dba Mauna Lani Bay Hotel and Bungalows, approved by Director Gerald Takase on January 17, 2019, to its Hotel liquor license, located at 68-1400 Mauna Lani Drive, South Kohala, Hawaii; seconded by Mr. Onizuka. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 13, Kuleana Spirits, Inc., dba Kuleana Rum Shack, approval of Operating Agreement with Umekes, LLC, to manage food and restaurant operations. 13. Kuleana Spirits, Inc., dba Kuleana Rum Shack, approval of Operating Agreement with Umekes, LLC, to manage food and restaurant operations to its Small Craft Producer Pub liquor license, Category B1, located at the FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 38 Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6, and H7, Waikoloa, Hawaii. Masuda: Brandon, what is this one about? Gonzalez: We have a rum distiller that opened a location at the Queens' Court that offers food service. Rather than bringing in an entirely new food staff, they partnered with Umekes. Umekes is providing the Restaurant/Dispenser staff and also some of the food preparations. That's what it is. Thomas: Kind of like sub -contracting? Gonzalez: Yes. They are partnering together. Greenwell: Brandon, this has nothing to do with liquor then? Gonzalez: It is because both are separate liquor licensees. Kuleana Spirits and their location for the Rum Shack at the Queens' Court (is a licensee), and Umekes is a liquor licensee. So they notified us of the partnership that is not dealing with liquor. The Rum Shack is for the rum and Umekes is for the food. They wanted to be sure that we understood what the business arrangement was. Onizuka: Move to approve. Nahale-a: Is there a second? Salave`a: Second. Mr. Greenwell move to approve the Operating Agreement with Umekes, LLC, to manage food and restaurant operations, submitted by Kuleana Spirits, Inc., dba Kuleana Rum Shack, to its Small Craft Producer Pub liquor license, Category B1, located at the Queens' MarketPlace, 69-201 Waikoloa Beach Drive, Spaces H5, H6, and H7, Waikoloa, Hawaii; seconded by Mr. Salave`a. Nahale-a: Moved and seconded. Any further discussion? Arakaki: Brandon, each entity will use their own license? Gonzalez: No, they are operating under the Kuleana Spirits, Inc. license. Arakaki: So this will be a third license? Gonzalez: No. It is still operating... Arakaki: Okay, I got it, I'm sorry. I got it. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 39 Gonzalez: What they wanted to clarify for the Department was there wasn't any funny business going on regarding the liquor sales side because they have staff from both, from two different licensees working at one location. Nahale-a: Thank you for that clarification. Any other discussion or question? There was no other discussion or question from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously Nahale-a: No. 14, Rocco's Pizza Pub LLC, dba Rocco's Pizza Pub, approval of Application for Change of Class to a Class 2, Restaurant liquor license from its Dispenser General liquor license, Category B2. 14. Rocco's Pizza Pub LLC, dba Rocco's Pizza Pub, approval of Application for Change of Class to a Class 2, Restaurant liquor license from its Dispenser General liquor license, Category B2, located at 84-4830 Hawaii Belt Road, Captain Cook, Hawaii. Gonzalez: To summarize, she is currently the holder of a Dispenser General liquor license and she wants to change her class to a Restaurant license where a portion of her food sales is over the minimum required and it also allows her to provide catering services off premises with a Restaurant class, which is a good thing. Greenwell: Brandon, what was the percentage again? Gonzalez: Thirty percent has to be (in) food (sales). Greenwell: Thirty, okay, thank you. Gonzalez: Of the gross sales. Nahale-a: Can I get a motion for this? Onizuka: Move to approve. Thomas: Second. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 40 Mr. Onizuka moved to approve the Application for Change of Class to a Class 2, Restaurant liquor license from its Dispenser General liquor license, Category B2, submitted by Rocco's Pizza Pub LLC, dba Rocco's Pizza Pub, located at 84-4830 Hawaii Belt Road, Captain Cook, Hawaii; seconded by Ms. Thomas. Nahale-a: Moved and seconded. Any further discussion? There was no further discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 15, Pacific Aquaculture and Coastal Resources Center, University of Hawaii at Hilo, ratification of Application for Alcohol Purchase Permit by Maria Haws, Ph.D. 15. Pacific Aquaculture and Coastal Resources Center, University of Hawaii at Hilo, ratification of Application for Alcohol Purchase Permit by Maria Haws, Ph.D., approved by Director Gerald Takase on January 23, 2019. Arakaki: Move to ratify. Ibarra: Second. Mr. Arakaki moved to ratify the Application for Alcohol Purchase Permit submitted by Maria Haws, Ph.D. for the Pacific Aquaculture Coastal Resources Center, University of Hawaii at Hilo; seconded by Mr. Ibarra. Nahale-a: Moved and seconded. Any discussion? Salave`a: Brandon, this is for their professional use? Masuda: Pure alcohol. Gonzalez: Yes. They apply for it as part of their programs. Salave`a: Okay, thank you. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 41 Nahale-a: Thank you. Any other questions? There were no other questions from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 16, Special Licenses Issued for Ratification. Could I please get a motion for ratification of Special Licenses, Application Nos. SP -18-62 to SP -18-69, and SP -18-73 to SP -18-76, Item Nos. 16(a) to 16(1). Greenwell: Motion to ratify Special Licenses. Hughes: Second. Mr. Greenwell moved to ratify the following Special Licenses: 16. Special Licenses Issued for Ratification a. Application No. SP -18-62, Roman Catholic Church in the State of Hawaii, dba Saint Michael The Archangel Parish, for a Special Beer and Wine liquor license, on December 28, 2018, on the church property grounds, 75-5769 Ali`i Drive, Kailua-Kona, Hawaii. b. Application No. SP -18-63, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license, on December 28, 2018, in the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kealakekua, Hawaii. c. Application No. SP -18-64, Aloha Performing Arts Company, dba Aloha Theatre, for a Special Beer and Wine liquor license, on December 31, 2018, in the Aloha Theatre Building, 79-7384 Mamalahoa Highway, Kealakekua, Hawaii. d. Application No. SP -18-65, Paniolo Preservation Society, dba Paniolo Preservation Society, for a Special Beer and Wine liquor license, on January 19, 2019, at the Parker Ranch Pukalani Stables, 64-139 Pukalani Road, Kamuela, Hawaii. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 42 e. Application No. SP -18-66, Volcano Art Center, dba Volcano Art Center, for a Special Beer and Wine liquor license, on February 9, 2019, at Volcano Arts Center, 19-4074 Old Volcano Road, Volcano, Hawaii. f. Application No. SP -18-67, Surfers Healing Inc., dba Surfers Healing Inc., for a Special Beer and Wine liquor license, on January 7, 2019, at the Grand Naniloa Hotel, A Doubletree by Hilton, 93 Banyan Drive, Hilo, Hawaii. g. Application No. SP -18-68, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license, on January 12, 2019, at the Palace Theater, 38 Haili Street, Hilo, Hawaii. h. Application No. SP -18-69, Friends of the Palace Theater, dba Friends of the Palace Theater, for a Special Beer and Wine liquor license, on January 17, 2019, at the Palace Theater, 38 Haili Street, Hilo, Hawai'i. i. Application No. SP -18-73, Feed Hawaii, dba Kohala Village Hub, for a Special Beer and Wine liquor license, on February 15, 2019, at the Kohala Village HUB, 55-514 Hawi Road, Hawi, Hawaii. J. Application No. SP -18-74, Feed Hawaii, dba Kohala Village Hub, for a Special Beer and Wine liquor license, on May 3, 2019, at the Kohala Village HUB, 55-514 Hawi Road, Hawi, Hawaii. k. Application No. SP -18-75, North Kohala Community Resource Center, dba North Kohala Community Resource Center, for a Special Beer and Wine liquor license, on February 8, 2019, at the Kohala Village HUB, 55-514 Hawi Road, Hawi, Hawaii. I. Application No. SP -18-76, Hawaii Island Humane Society S.P.C.A., dba Hawaii Island Humane Society S.P.C.A., for a Special Beer liquor license, on February 10, 2019, at The Shops at Mauna Lani, 68-1330 Mauna Lani Drive, Kamuela, Hawaii. The motion was seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion? There were no questions from the Commissioners. Nahale-a: Seeing none, all those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 43 Nahale-a: Motion carries. The motion was carried unanimously. Nahale-a: No. 17, Transient Vessel Licenses issued for Ratification. Could I please get a motion for ratification of Transient Vessel License, Application Nos. TV -18-31, TV -18-32, and TV -18-40, Item Nos. 17(a) to 17(c). Greenwell: Motion to ratify transient vessel licenses. Hughes: Second. Mr. Greenwell moved to ratify the following Transient Vessel Licenses: 17. Transient Vessel Licenses Issued for Ratification a. Application No. TV -18-31, Holland America Line N.V., dba MS Eurodam, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on Febreat34Land462044, (amended to February 13 and March 2, 2019); March 16, 2019; and Apr41,231040 (amended to April 22, 2019). b. Application No. TV -18-32, Holland America Line N.V., dba MS Eurodam, for a Transient Vessel liquor license, in port at Kailua Harbor, Kailua-Kona, Hawaii, on (amended to February 9, 2019); March 2, 2010 (amended to March 1, 2019); and (amended to April 23, 2019). c. Application No. TV -18-40, MSC Cruises (USA) Inc., dba MSC Magnifica, for a Transient Vessel liquor license, in port at Hilo Harbor, Hilo, Hawaii, on February 16, 2019. The motion was seconded by Mr. Hughes. Nahale-a: Moved and seconded. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. The motion was carried unanimously. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 44 IX. Announcements Meetings of Liquor Commission Nahale-a: The next meetings of our Liquor Commission will be March 7, 2019, 10:00 A.M., in Kona. And then as approved at this meeting the April 4, 2019, 10:00 A.M. meeting will also be in Kona at the Meeting Room of the Department of Liquor Control at the West Hawaii Civic Center. Salave`a: I have a question, Madam Chair. If the April 4th (2019) meeting was originally scheduled to be in Hilo, and we're going to be in Kona now, will the May meeting be in Kona? Masuda: We don't know yet. Salave`a: Okay, so we may move that. But if we kept to our schedule, it would have been (Kona). Nahale-a: Right, it would have been three in Kona actually. Masuda: Depending on what the construction progress is at. Salave`a: Okay, thank you. Greenwell: On that, wasn't Gerald talking about switching around the meetings so that we would move by the December meeting? Nahale-a: Yes. I remember that being a consideration so that our December meeting would end up back in Kona again this year. Gonzalez: Our meeting between Kona and Hilo is roughly half and half, although it may be more like 60-40, West Hawaii. We do have a little more applications from West Hawaii. Given the construction at Hilo Lagoon and we will take a look again at our projected schedules, the first Thursday of every month, whether it's going to be in Hilo or in Kona and how it's affected. We will keep you updated. At least we know for the next two meetings they will be in Kona. Regarding your question, I do recall that discussion, but we are going to remain flexible. Nahale-a: For now, officially, we will be in Kona in March and April. Beyond that, we will discuss. Gonzalez: Yes, and it was brought to our attention that our meeting in July this year falls on the Fourth of July, the first Thursday is a holiday. We will have to change that. That's why I'm saying there will be some adjustments to the overall Liquor Commission schedule. Thank you. X. Adjournment Nahale-a: Could I get a motion to adjourn? Salave`a: So move. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 45 Arakaki: Second. Mr. Salave`a moved to adjourn; seconded by Mr. Arakaki. Nahale-a: Moved and seconded to adjourn. Any discussion? There was no discussion from the Commissioners. Nahale-a: All those in favor say, "Aye." The Commissioners voted "Aye." Nahale-a: Any opposed, "Nay." There was no opposition by the Commissioners. Nahale-a: Motion carries. Thank you, everyone. The motion was carried unanimously. The meeting was adjourned at 11:10 A.M. ald Takase Director The February 7, 2019, Liquor Commission minutes were approved as circulated via email/mail on February 27, 2019, by the Liquor Commission of the County of Hawaii on March 7, 2019. FEBRUARY 7, 2019 - LIQUOR COMMISSION MINUTES 46