Liquor panel hears licensees’ requests
Foregoing fees, making permanent alcohol delivery sought
Staff Writer
More than 150 Maui restaurants and eateries have requested various rule changes and a “partnership” with the Maui County Liquor Control Commission to help them survive the COVID-19 pandemic and the absence of tourism.
A letter by the Maui Restaurant Hui, which consists of about 10,000 unemployed chefs, cooks and staff members, was discussed during a Department of Liquor Control Commission livestream meeting Wednesday morning.
The letter called for making to-go delivery of alcohol permanent, speeding up permits for outdoor seating and satellite bar projects in the new COVID-19 era and suspension of liquor fees through next year.
No decisions were made during the meeting. Commissioners said some rules and process changes needed to be reviewed and clarified by the Department of Liquor Control.
“The reason that I asked that this letter from the Maui Restaurant Hui be put on the agenda is that I would like to have the opportunity for the commissioners to become more informed about some of the issues that were asked about in the letter,” said Nane Aluli, commission chairman. “I appreciate that it’s being brought
to the attention of the commission.”
The list of changes sought by the Hui includes making permanent the delivery of alcohol with to-go orders. In response to COVID-19, the liquor commission enacted emergency rules that allow licensees to sell unopened beer, wine or prepackaged cocktails with food for home delivery or takeout, under certain provisions.
One of those provisions is that the home delivery person must take the customer’s photograph with identification card confirming they are 21 years or older.
This is the request that drew the most criticism from the 40 people who signed into the livestream meeting.
“We all know the restaurant industry has been suffering tremendously during this time, and I urge you to consider the changes that they talk of, but when you’re doing so, think about what does the most good and the least harm,” said Kerith Harding, rector of St. John’s Episcopal Church in Kula. “Home delivery of alcohol really doesn’t hold up.”
While businesses have shown some financial gain from this emergency rule, Harding said that home delivery can increase access and consumption of alcohol by minors, which in turn can lead to fights, drunken driving, sexual assault and more.
Rick Collins, community coordinator for the Maui Coalition for Drug-Free Youth, and Oahu resident Cynthia Okazaki, member of the Hawaii Alcohol Policy Alliance, both opposed the carryout and delivery of liquor.
“Making this regulation permanent will have long term impacts and poses a significant increase in public health risk to the general population,” said Okazaki, who also has family on Maui.
Other requests by the Hui included making the renewal of licenses and fees easier via an electronic system, which is used on Oahu, and the suspension of liquor fees through next year.
There was some hesitancy to trim fees by the commission and department. Deputy Director Georgette Tyau, who currently is the top official in the department with the recent retirement of Director Glenn Mukai, said the department only “collects what we need, what is council approved.”
“Anything we don’t use goes back to the licensee,” Tyau added. “We don’t collect a flat rate anymore.”
She added that bond and guarantee requirements have been removed.
Wailuku attorney Dave Jorgensen thanked the department for providing relief to restaurants not open or unable to open during the pandemic by waiving the proof of liquor liability insurance.
Supporting the Hui letter, Jorgensen urged additional financial support, such as waiving or suspending some fees that licensees need to pay, like the gross sales tax.
“These bars and restaurants, they need all the assistance they can get,” Jorgensen said. “In addition, greenlighting the approval process for permits or applications for the ability to expand the service area outside. . . . That would really help a lot of licensees.”
The Hui asked for quick and efficient permitting for outdoor seating areas, as well as satellite bars, dance floors, music, service and other activities within permitted areas.
Mike O’Dwyer, owner of Mulligans on the Blue, Fabiani’s and Mama Mia Maui, said he has an opportunity to expand services to a common area outside Fabiani’s Kihei to serve food and alcoholic beverages. He is worried that the permitting process will take six months.
“Because of the situation and the increasing risks, I need to serve food outside,” O’Dwyer said. “I’m asking if we could look at the rules for this, maybe expedite with certain conditions and permissions from the landlords.”
Tyau said permit applications for an outdoor extension, modifying satellite bars and dance floors takes 10 working days to process. The community impact and size of the project determines whether the permit can be processed in house or through the longer commission hearing process, Tyau said.
Bev Gannon, owner of the shuttered Haliimaile General Store and Gannon’s in Wailea, said she was “looking forward” and appreciated the “positive movement with the commission.”
“As we move forward, as the Hui or any restaurant, I hope that we have the chance to guide how things need to go . . . . We’re looking for partnership,” said Gannon, who has 33 years of business experience on Maui.
“I think there is a longstanding challenged relationship with licensees and with liquor at times, you know, we know that as a licensee there is an absolute need for liquor control,” said Garrett Marrero, CEO of Maui Brewing Co. “We are looking for a focus on education and small business support, looking for a way to come together and actually promote responsible alcohol consumption, responsible service, but do so in a way that also supports business.”
During the meeting, the commission also received a brief update on the hiring of a new Department of Liquor Control director. Temporary Investigative Group Chairman Jamie Becraft said that numerous applications for the position have been received.
Three “really good” candidates have been solidified, he said. A timeline for official screenings and interviews still are being determined.