HomeMy WebLinkAbout2013-01-24 Liquor Control Adjudication Board Agenda
January 17, 2013
LIQUOR CONTROL ADJUDICATION BOARD
COUNTY OF HAWAI‘I
DATE: Thursday, January 24, 2013
TIME: 10:00 A.M.
PLACE: Meeting Room, Department of Liquor Control, West Hawai‘i Civic Center,
nd
74-5044 Ane Keohokalole Highway, Building B, 2 Floor, Kailua-Kona, Hawai‘i
AGENDA
I. Call to Order
II. Approval of Minutes (December 5, 2012)
III. Hearings
1. CASE NO. 2012-21
(10:00 A.M.)
In the Matter of the Accusation Against Krua Thai LLC, dba Krua Thai
Cuisine, located at Kailua-Kona, Hawai‘i.
Informal Hearing (Alternative II) on violation of Rule 3-6-C of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, failure to submit its payment of
percentage fees due for the license year.
2. CASE NO. 2012-22
(10:00 A.M.)
In the Matter of the Accusation Against Kona Retail Ventures, LLC, dba Kona
Marine General Store & Deli, located at Kailua-Kona, Hawai‘i.
Informal Hearing (Alternative II) on violation of Rule 3-6-C of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, failure to submit its payment of
percentage fees due for the license year.
3. CASE NO. 2012-23
(10:00 A.M.)
In the Matter of the Accusation Against Banjy’s Restaurant Group LLC,
dba Banjy’s Paradise Bar & Grill, located at Waikoloa, Hawai‘i.
Informal Hearing (Alternative II) on violation of Rule 3-6-C of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, failure to submit its payment of
percentage fees due for the license year.
4. CASE NO. 2012-24
(10:00 A.M.)
In the Matter of the Accusation Against The Other Side - RockStarz - LLC,
dba The Other Side - RockStarz located at Kailua-Kona, Hawai‘i.
Formal Hearing (Alternative III) on violation of Rule 3-6-C of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, failure to submit its payment of
percentage fees due for the license year.
5. CASE NO. 2012-25
(10:00 A.M.)
In the Matter of the Accusation Against Kona, Hawaii, Lodge No. 2616,
Benevolent & Protective Order of Elks of the United States of America,
dba Kona Elks Club located at Kailua-Kona, Hawai‘i.
COUNT I
Informal Hearing (Alternative II) on violation of Section 281-31(g) of the
Hawai‘i Revised Statutes, State of Hawai‘i, purchase of liquor by
nonmembers.
COUNT II
Informal Hearing (Alternative II) on violation of Rule 3-1-G-2 of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, failure to have a current listing of its
members.
6. CASE NO. 2012-26
(10:00 A.M.)
In the Matter of the Accusation Against Shivalik Indian Cuisine Kona, LLC,
dba Shivalik's Kona Beach Steak House (formerly Shivalik Curry House)
located at Kailua-Kona, Hawai‘i.
Informal Hearing (Alternative II) on violation of Section 281-62 of the Hawai‘i
Revised Statutes, State of Hawai‘i, increased licensed premises without
notification to the Department.
7. CASE NO. 2012-15
(10:00 A.M.)– Continued from September 20, 2012
and November 15, 2012
In the Matter of the Accusation Against EA Restaurants, LLP, dba Eddie
Aikau Restaurant and Surf Museum, located at Waikoloa, Hawai‘i.
COUNT I
Formal Hearing (Alternative III) on violation of Section 281-78(b)(1)(B), of the
Hawai‘i Revised Statutes, State of Hawai‘i, service and consumption of
intoxicating liquor to an individual while under the influence of liquor.
COUNT II
Formal Hearing (Alternative III) on violation of Rule 3-1-F-1 of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, consumption of liquor by an individual
outside of the permitted consumption area of the licensed premises.
2
COUNT III
Informal Hearing (Alternative IV) on violation of Rule 5-3 of the Rules and
Regulations of the Liquor Commission of the Department of Liquor Control of
the County of Hawai‘i, State of Hawai‘i, failure to have its annual listing of
employees with liquor cards (Manager’s list) posted within the licensed
premises readily available for inspection.
COUNT IV
Formal Hearing (Alternative III) 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 Hawai‘i, State of Hawai‘i, failure to have a person duly
approved by the Department as a person in active charge of the premises at
all times while the premises was open for business, providing proper
supervision of the exercise of the liquor license in accordance with the liquor
laws.
8. CASE NO. 2012-19
(10:00 A.M.) Continued from December 5, 2012
In the Matter of the Accusation Against Seven-Eleven Hawaii, Inc.,
dba 7-Eleven Stores (Kinoole) #54222, located at Hilo, Hawai‘i.
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 Hawai‘i, State of Hawai‘i, failure to have a person duly
approved by the Department as a person in active charge of the premises at
all times while the premises was open for business, providing proper
supervision of the exercise of the liquor license in accordance with the liquor
laws.
9. CASE NO. 2012-27
(10:00 A.M.)
In the Matter of the Accusation Against Seven-Eleven Hawaii, Inc.,
dba 7-Eleven Stores (Keaau) #54284, located at Keaau, Hawai‘i.
Informal Hearing (Alternative II) on violation of Section 281-78(b)(1)(A) of the
Hawai‘i Revised Statutes, State of Hawai‘i, sale of liquor to a minor.
IV. Unfinished Business
V. New Business
VI. Announcements
Meetings of Liquor Control Adjudication Board
February 28, 2013, 10:00 A.M.,
Aupuni Center Conference Room, 101 Pauahi
Street, Suite 1, Hilo, Hawai‘i.
March 21, 2013, 10:00 A.M.,
Meeting Room, Department of Liquor Control,
West Hawai‘i Civic Center, 74-5044 Ane Keohokalole Highway, Building B,
nd
2 Floor, Kailua-Kona, Hawai‘i.
3
VII. Adjournment
The meeting place (or facility) is accessible to persons with disabilities. Anyone
who requires an auxiliary aid or service for effective communication or a
modification of policies or procedures to participate in this meeting should contact
the Department at (808) 961-8218 as soon as possible, but no later than
January 18, 2013.
4