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HomeMy WebLinkAbout2024-12-19 Liquor Adjudication Board Agenda KonaLIQUOR CONTROL 12/11 /2024 03:04 PM C. Kimo Alameda, Ph.D. Mayor William V. Brilhante, Jr. Managing Director Merrick Nishimoto Deputy Managing Director County of Hawaii Gerald A. Takase Director Sidney Fuke, Chair Howard Kelly, Vice Chair Ceci Davenport, Board Member Michael Hughes, Board Member Dawn Raymond, Board Member LIQUOR ADJUDICATION BOARD Hilo Lagoon Centre, 101 Aupuni Street, Unit 230, Hilo, Hawaii 96720-4261 (808) 961-8218 9 Fax (808) 961-8684 E-Mail: cohdlc@hawaiicounty.gov DATE: Thursday, December 19, 2024 TIME: 10:00 A.M. PLACE: Kona Meeting Room, Department of Liquor Control, Hanama Place 75-5706 Kuakini Highway, Suite 107, Kailua-Kona, Hawaii Public Testimony may be done in person, or in writing by email, fax, or mail/walk-in. To ensure timely delivery to the Board, written testimony must be received by 12:00 noon on the business day prior to the meeting by: (1) Email: cohdlc(a_hawaiicounty.gov; (2) Fax: (808) 961-8684; or (3) Mail/walk-in: 101 Aupuni Street, Unit 230, Hilo, H196720. Indicate agenda item submitting for; submit separate testimony for each item. All testimony regardless of time of receipt will be part of the permanent record. AGENDA I. Call to Order II. Approval of Minutes — May 16, 2024 III. Hearings 1. CASE NO. 2024-002 In the Matter of the Accusation Against Troon Beverages, Inc., dba Volcano Golf Course, located at 99-1621 Pi'i Mauna Drive, Volcano, 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 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 supervision in the exercise of the liquor license in accordance with the liquor laws. Hawaii County is an Equal Opportunity Provider and Employer LIQUOR CONTROL 12/11 /2024 03:04 PM 2. CASE NO. 2024-003 In the Matter of the Accusation Against Kalikala Cuisine Inc., dba Kalikala Cuisine, located at the Kona Banyan Court, 75-5695 Ali`i Drive, Kailua-Kona, Hawaii. Informal Hearing (Alternative II) on violation of Rule 5-4(B) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii, for an employee on duty consuming liquor. 3. CASE NO. 2024-008 In the Matter of the Accusation Against Aloha Petroleum, Ltd., dba Aloha Island Mart (Henry Street), located at the Henry Street Landing, 75-934 Henry Street, Kailua-Kona, Hawaii. Informal Hearing (Alternative I) 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 11:00 p.m. 4. CASE NO. 2024-010 In the Matter of the Accusation Against Kona Sunrise Charters, Inc., dba Hula Kai, moored at Keauhou Bay, Kailua-Kona, Hawaii; Informal Hearing (Alternative 1) on multiple counts: COUNT 1 Violation of Rule 4-6(B) 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 notify the Liquor Commission in writing within 60 Days of a Change in Officers or Directors; COUNT 2 Violation of Rule 4-6(A)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 notify the Liquor Commission in writing within 60 Days of a Change in Ownership of Outstanding Capital Stock less than 25%. 5. CASE NO. 2024-011 In the Matter of the Accusation Against Fair Wind, Inc., dba Fair Wind 11, moored at Keauhou Bay, Kailua-Kona, Hawaii; Informal Hearing (Alternative 1) on multiple counts: COUNT 1 Violation of Rule 4-6(B) 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 notify the Liquor Commission in writing within 60 Days of a Change in Officers or Directors; AGENDA - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 19, 2024 - KONA PAGE 2 OF 5 LIQUOR CONTROL 12/11 /2024 03:04 PM COUNT 2 Violation of Rule 4-6(A)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 notify the Liquor Commission in writing within 60 Days of a Change in Ownership of Outstanding Capital Stock less than 25%. 6. CASE NO. 2024-012 In the Matter of the Accusation Against KBXtreme, LLC, dba KBXtreme, located at 75-5591 Palani Road, Kailua-Kona, Hawaii. Informal Hearing (Alternative II) on violation of Section 281-41(i) of the Hawaii Revised Statutes, as amended, for failure to notify the Liquor Commission in writing within 30 days of a Change in Members or Manager of a Limited Liability Company license. 7. CASE NO. 2024-013 In the Matter of the Accusation Against Kohola, LLC, dba Laverne's Sports Bar, located at the Coconut Grove Marketplace, 75-5819 Ali`i Drive, Kailua-Kona, Hawaii. Informal Hearing (Alternative II) on multiple counts: COUNT 1 Violation of Section 281-78(b)(1)(A) of the Hawaii Revised Statutes, as amended, for selling, serving, or furnishing liquor to, or allowing the consumption of liquor by a minor (age 17); COUNT 2 Violation of Section 281-78(b)(1)(A) of the Hawaii Revised Statutes, as amended, for selling, serving, or furnishing liquor to, or allowing the consumption of liquor by a minor (age 20). 8. CASE NO. 2024-009 In the Matter of the Accusation Against Krislada, LLC, dba Royal Thai Cafe, located at the Keauhou Shopping Center, 78-6831 Ali`i Drive, Suite 402, Kailua-Kona, Hawaii; Informal Hearing (Alternative II) on multiple counts: COUNT 1 Violation of Rule 5-4(B) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii; for consuming liquor while on duty; AGENDA - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 19, 2024 - KONA PAGE 3 OF 5 LIQUOR CONTROL 12/11 /2024 03:04 PM COUNT 2 Violation of Section 281-78.5(a) and (c) of the Hawaii Revised Statutes, as amended; for engaging in practices that promoted excessive consumption of liquor; COUNT 3 Violation of Rule 5-6 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 more than a standard serving of distilled spirits (Johnnie Walker Scotch Gold Label Reserve) to a customer; COUNT 4 Violation of Rule 3-1(C) of the Rules and Regulations of the Liquor Commission of the Department of Liquor Control of the County of Hawaii, State of Hawaii; for operating out of class by selling to its customers entire 750ML bottles of Johnnie Walker Scotch Gold Label Reserve that the customers served to themselves; COUNT 5 Violation of Rule 3-1(U) 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 prevent its customer, Rachel EDWARDS, from consuming liquor outside of the approved consumption area; COUNT 6 Violation of Rule 5-5(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 failure to prepare drinks in a manner that permitted any interested customer to view the preparation operation; COUNT 7 Violation of Rule 5-5(B) 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 prepare drinks in a manner that permitted any interested customer to determine if the drink contained the required minimum of one fluid ounce or its equivalent of liquor; COUNT 8 Violation of Rule 6-1(C)(1) 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 timely prevent or suppress any violent, quarrelsome, disorderly, lewd, or unlawful conduct of any person on the premises; AGENDA - LIQUOR ADJUDICATION BOARD MEETING - THURSDAY, DECEMBER 19, 2024 - KONA PAGE 4 OF 5 LIQUOR CONTROL 12/11 /2024 03:04 PM COUNT 9 Violation of Section 281-79 of the Hawaii Revised Statutes, as amended; for obstructing Liquor Commission operations by a customer of KRISLADA, LLC dba ROYAL THAI CAFE, when that customer threatened with the use of violence, force, or physical interference or obstacle, or hindered, obstructed, or prevented a Department of Liquor Control investigator (FRENDO) from entering into and/or remain in the premises; COUNT 10 Violation of Section 281-79 of the Hawaii Revised Statutes, as amended; for obstructing Liquor Commission operations by a customer of KRISLADA, LLC dba ROYAL THAI CAFE, when that customer threatened with the use of violence, force, or physical interference or obstacle, or hindered, obstructed, or prevented a Department of Liquor Control investigator (TALERICO) from entering into and/or remain in the premises. IV. Unfinished Business V. New Business 1. Report to Commission of the National Liquor Law Enforcement Association (NLLEA) 2024 Annual Meeting. 2. Election of Chair and Vice Chair for 2025. VI. Announcements Meetings of the Liquor Adjudication Board January 16, 2025, Time, Location, To Be Determined. February 20, 2025, Time, Location, To Be Determined. VII. Adjournment � Anyone requiring auxiliary aid / service or other accommodation due to a disability, contact the Department of Liquor Control at (808) 961-8218, or by email at cohdlc@hawaiicounty.gov, as soon as possible. Requests made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate accessible formats. AGENDA — LIQUOR ADJUDICATION BOARD MEETING — THURSDAY, DECEMBER 19, 2024 - KONA PAGE 5 OF 5