Waikiki Get Down - Honolulu, Hawaii
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Waikiki Neighborhood Board Meeting April 2018 Minutes
REGULAR MEETING MINUTES
TUESDAY, APRIL 10, 2018
WAIKIKI COMMUNITY CENTER
CALL TO ORDER -- Chair Robert Finley called the meeting to order at 7:02 p.m.; quorum was established with 12 members present. Note: This 17-member Board requires nine (9) members to establish quorum and to take official board action.
Board Members Present -- Jerome Bautista, Robert Boyack, Helen Carroll (Arrived at 7:05 p.m.), Louis Erteschik, Gordon Fahey, Robert Finley, Grant Giventer, Walt Flood, Kathryn Henski, Laura McIntyre, Jeffrey Merz, John Nigro (Appointed at meeting), Mark Smith, and Kenneth Wilder.
Board Members Absent -- Jeff Apaka and Grant Giventer
Guests -- Captain Keola Young (Honolulu Fire Department); Lieutenant Chi Hun So (Honolulu Police Department); Dominic Dias (Board of Water Supply); Natalie Iwasa (Cycle On Hawaii); Lynn Fallin (Governor David Ige's Representative); Kurt Tsuneyoshi (Councilmember Trevor Ozawa's Representative); Raytan Vares (Senator Brickwood Galuteria's Representative); Rick Egged (Waikiki Improvement Association); Brian Bagnall and Miles Ritchie (Outdoor Circle); Anna Hirai, Peter Nakagawa, Daniel Sato, and Scott Perez (Honolulu Liquor Commission); Dave Moskowitz, Rob Johnson, Jan Nilsson, Melissa Filek, James Browne, Carl Cordes, Franklin Chung, Doug Kern, Pam Walker, Cherlnn Thrasher, Judi Kern, Chen Wel-Yin, Brian Bissen, Kenneth Hou, Robert Dell and Tommy Waters (Residents); David Jones (Videographer); and Jackson Coley (Neighborhood Commission Office).
Moment of Silence -- A moment of silence was observed for the passing of Senator Daniel Akaka.
Carroll arrived at 7:04 p.m. 13 members present.
THREE (3) ABSENCE RULE CONSIDERATION
Laura McIntyre -- No action taken; Board member McIntyre remains on Waikiki Neighborhood Board No. 9.
VACANCY SUB DISTRICT 1 -- There were no nominations to fill the vacancy for Sub-district 1; this item was deferred until the next meeting.
VACANCY SUB DISTRICT 3 -- Erteschik nominated John Nigro to fill the vacancy for Sub-district 3.
Erteschik moved and Henski seconded the Motion to Appoint John Nigro to the Waikiki Neighborhood Board No. 9. The Motion WAS ADOPTED by UNANIMOUS VOTE, 13-0-0; (AYE: Bautista, Boyack, Carroll, Erteschik, Fahey, Finley, Flood, Henski, McIntyre, Merz, Shields, Smith, and Wilder; NAY: None; Abstain: None).
John Nigro was sworn in at 7:06 p.m. 14 members present.
CITY MONTHLY REPORTS
Honolulu Fire Department (HFD) -- Captain Keola Young reported the following:
• March 2018 Fire Statistics -- There were 4 structure fires, 1 nuisance fire, 17 activated alarms (no fires), 152 medical emergencies, 6 motor vehicle collisions with pedestrians, 3 motor vehicle crashes, 1 mountain rescue, and 2 ocean rescues.
• Safety Tip -- Home Fire Sprinklers -- The following information was provided regarding home fire sprinklers:
o General Information -- Fire sprinklers respond quickly and effectively to fire, often extinguishing the fire prior to the fire department's arrival. Fire sprinklers can save lives and property from fire. In 2014, the National Fire Protection Association found that sprinklers reduced fire deaths by 83% and property loss in homes by 69%.
o Myths and Facts -- Myth; all fire sprinklers will activate at once. Fact; Systems are designed so the sprinkler head closest to the fire is activated. Myth; Fire sprinklers cause a lot of water damage. Fact; Typically, sprinklers utilize 13 to 18 gallons of water per minute. Firefighting hoses flow at least 10 times that of sprinklers.
o Constant Security -- Fire sprinklers provide security 24 hours a day in case of fires.
Questions, comments, and concerns followed: Firefighter Safety -- A resident inquired about a previous incident where a firefighter fell from a rescue basket. Captain Young responded that the firefighter made a full recovery.
Honolulu Police Department (HPD) -- Lieutenant Chi Hun So reported the following:
• On-Site Assessment -- The HPD is scheduled for an on-site assessment by the Commission on Accreditation for Law Enforcement Agencies Incorporated (CALEA). The international accreditation program requires agencies to comply with state-of-the-art standards in four (4) areas; policy and procedures, administration, operations, and support services.
• March 2018 Crime Statistics -- There were 9 robberies, 20 burglaries, 226 thefts, 36 unauthorized entries into motor vehicles (UEMV), 32 assaults, 2 sex crimes, 115 speeding citations, 624 parking citations, 10 loud muffler citations, 126 park closure warnings, 204 park closure citations, and 7 park closure arrests. Total calls for service were 4,417. Additional statistics are available online at www.honolulupd.org.
Questions, comments, and concerns followed:
1. Statistic Clarification -- Smith inquired and Lieutenant So clarified there were 226 thefts for March 2018.
2. Zoo Parking Lot -- Flood voiced concerns regarding criminal activity and homeless camping in the vicinity of the Honolulu Zoo parking lot. Lieutenant So agreed to investigate issues and recommended immediately contacting HPD when issues arise.
3. Statistic Tracking -- Fahey inquired how the statistics provided in monthly reports are tracked. Lieutenant So responded that officers submit reports at the end of their shifts outlining action taken which is compiled internally.
4. Loud Muffler Enforcement -- Fahey voiced approval regarding HPD increasing loud muffler enforcement.
5. Sit-Lie Enforcement -- Henski inquired how the sit-lie ban is enforced and voiced concerns regarding homeless individuals violating the ban in Waikiki. Lieutenant So responded that HPD is required to give individuals the opportunity to vacate the area when responding to sit-lie violations and cannot take forceful action uncles they refuse to move. Lieutenant so stated there are no laws preventing homeless individuals from occupying bus stops. Henski voiced concerns regarding a homeless individual camping near a bus stop while not occupying the bus stop. Lieutenant So responded that the Community Policing Team (CPT) was working to address this issue, however the individual regularly left shelters to return to Waikiki and cannot be forced to remain at shelters. Lieutenant So stated that a law is being formed to prevent loitering at bus stops during hours where they are not in operation.
6. Waikiki HPD Staffing -- Henski inquired and Lieutenant So responded that Waikiki has 13 authorized beats guaranteeing a maximum of 13 officers throughout Waikiki at any time. However, the HPD also utilizes support units such as reserve and volunteer officers.
7. Sick Homeless -- Henski stated she was informed that sick homeless must be escorted by the HPD to hospitals. Lieutenant So clarified that sick homeless cannot be forcefully moved, however the HPD can alert Emergency Medical Services (EMS) to assist them.
8. Council Law -- Merz stated that the City Council recently passed a law addressing loitering at bus stops going into effect in June 2018. Merz voiced approval regarding the law.
9. Visitor Safety Conference -- Chair Finley stated that he attended the Visitor Public Safety Conference in February 2018 and voiced approval regarding HPD Chief Susan Ballard's stance on enforcement in Waikiki.
Board of Water Supply (BWS) -- Dominic Dias reported the following:
• Main Break Report -- There were no main breaks for March 2018.
• April 2018 Non-Residential Rates -- Under the BWS' current water rates structure, non-residential customers like hotels, restaurants, other businesses, and government institutions, pay a set amount of 4.96 dollars per thousand gallons, regardless of how much water they use. Currently, it would be very hard to determine rates for each type of business, given the variety and sizes of businesses on the island. Also, a business using a lot of water, and paying for it, may be using the water very efficiently while being conservation conscious. The BWS recommends continuing the uniform rate structure for non-residential customers, although the rate itself, is expected to increase. Non-residential customers pay somewhat more than it costs to serve them. The additional money collected from non-residential customers provide subsidies to agricultural, non-potable, recycled water, and single-family residential customers. The type and amount of subsidies, and who pays for them, is an important component of potential changes to the water rates, and the BWS encourages residents to participate in discussion. Residents are encouraged to attend one (1) of the BWS' public hearings to voice opinions or ask questions they might have on the proposed water rate increase.
• Public Meetings -- There will be four (4) public meetings held around Oahu over the next month, all meeting start at 6:30 p.m.:
o Honolulu -- Thursday, April 26, 2018 at the Mission Memorial Auditorium in Downtown/Kakaako.
o West Side/Kapolei -- Monday, May 14, 2018 at Kapolei Hale Ewa/Kapolei.
o Windward/Kaneohe -- Tuesday, May 15, 2018 at Benjamin Parker Elementary School in Kaneohe.
o Central/Mililani -- Thursday, May 24, 2018 at Mililani Recreational Center 5 in Mililani.
Questions, comments, and concerns followed:
1. Clarification -- A resident requested clarification regarding the statement "pay a set amount of 4.96 dollars per thousand gallons, regardless of how much water they use." Dias clarified that non-residential customers are charged 4.96 dollars for every one (1) thousand gallon block of water which does not change regardless of how much total water is used. Dias stated this method of charging may change.
2. Differentiating Water Usage -- A resident inquired if the BWS can differentiate between hotel and residential water usage. Dias responded that there are different water rates for hotels and residents which are being reviewed in the current rate study. Dias stated that the BWS is working to increase water conservation education for residents and businesses. Dias recommended going online to www.boardofwatersupply.com to view the full water rate study.
Bench Fencing -- Resident Dave Moskowitz voiced approval regarding a bench on Kalakaua Avenue being fenced off by Councilmember Ozawa and the HPD. Resident Moskowitz also voiced approval regarding the Waikiki Business Improvement District Association (WBIDA) performing maintenance along Kuhio Avenue.
Ala Wai Boat Harbor -- Resident Rob Johnson stated that a Board of Land and Natural Resources (BLNR) meeting is scheduled for Friday, April 13, 2018 to address House Bill (HB) 2380 which passed the House and Senate. Resident Johnson voiced concerns regarding the Division of Boating and Ocean Recreations (DOBOR) circumventing HB 2380 by consulting with the BLNR to begin development in the Ala Wai Harbor. Resident Johnson encouraged residents to attend the meeting to submit testimony.
Yard Sale -- A resident encourage attending the Waikiki Community Center's Farmer's Market and Yard Sale event held every Tuesday from 9:00 a.m. to 12:00 p.m.
Kalakaua Bike Lane -- A resident voiced confusion regarding the Kalakaua Avenue bike lane signage. The resident stated that current signage prohibits vehicles from using the bike lane to drop-off/pick-up passengers, with exception to certain commercial vehicles like busses. The resident inquired if businesses like Uber, Lyft, and taxi cabs are allowed to use the bike lane to drop-off/pick-up passengers. Chair Finley recommended referring the issue to the Department of Transportation Services (DTS).
Garbage Collection Noise -- Resident Jan Nilsson voiced concerns regarding excessive noise from garbage collection services early in the morning around the Diamond Head Vista Condominiums. Resident Nilsson stated there are multiple bills designed to address the issue, however none are receiving attention or discussion. Resident Nilsson encouraged residents to support the bills. Chair Finley recommended referring the issue to Representative Tom Brower. Chair Finley inquired and Erteschik responded that the bills never received hearing. Henski responded that a bill reached Representative Scott Nishimoto, however it failed to progress with no community testimony. Resident Melissa Filek stated that collection times are determined by area zoning. Smith stated that Councilmember Ann Kobayashi attempted to address the issue in the past and recommended consulting with Councilmember Trevor Ozawa. Chair Finley responded Councilmember Ozawa's office is investigating the issue.
Kapahulu Avenue Concerns -- Resident Carl Cordes voiced concerns regarding new development and business activity on Kapahulu Avenue.
Cycle On Hawaii -- Natalie Iwasa, Cycle On Hawaii, announced the following events for Cycle On Hawaii and recommended going online to www.cycloviahawaii.org for more information:
• Wednesday, May 9, 2018 -- Bike to School Day.
• Friday, May 18, 2018 -- Bike to Work Day.
• End of May 2018 -- Bike to the Zoo Day.
Upcoming Events -- Chair Finley announced the following events:
• Annual Duke's Charity Fundraiser -- Sunday, April 15, 2018 at Duke Paoa Kahanamoku Lagoon.
• Department of Parks and Recreation (DPR) Public Hearing -- Wednesday, April 25, 2018 at Mission Memorial Building from 2:00 p.m. to 4:00 p.m.
• Waikiki Spam Jam -- Saturday, April 28, 2018 from 4:00 p.m. to 10:00 p.m.
• Honolulu Matsuri Trinational Race -- Sunday, May 13, 2018 from 6:00 a.m. to 12:00 p.m.
• 40th Annual Visitor Industry Charity Walk -- Saturday, May 19, 2018 from 6:00 a.m. to 1:00 p.m.
• Memorial Day Parade -- Saturday, May 26, 2018 from 9:00 a.m. to 11:00 a.m.
APPLICATIONS FOR LIQUOR LICENSES
Queen Kapiolani Hotel (PDS QK) -- Category two (2) application hearing on Thursday, May 3, 2018 for PDS QK, 150 Kapahulu Avenue, third floor.
Questions, comments, and concerns followed: License Information -- A resident inquired and a representative of PDS QK clarified there are two (2) applications for category two (2) licenses. A resident inquired and the representative clarified that category two (2) licenses are for restaurants desiring entertainment. Chair Finley inquired and the representative responded that both applications will be heard on Thursday, May 3, 2018.
Mayor Kirk Caldwell's Representative -- Chair Finley received a memorandum reporting the following:
• Body Camera Microphones -- Responding to previous inquiries if the body cameras planned for HPD personnel will include microphones. The HPD responded that the body-worn cameras (BWCs) will have audio recording capabilities. HPD policy requires officers to initiate recording when they respond to a call for service or when initiating a law enforcement or investigative encounter with a member of the public. BWCs have the potential to be used as evidence in a criminal case. However, any actions that occur prior to an officer's arrival at a scene will not be captured on the officer's BWC. A BWC's microphone can provide a valuable record of what was said to the officer at the time an incident was reported. It can also capture sounds that may be useful during the course of a police investigation or in subsequent court proceedings.
• Rate Commission -- Responding to previous requests for additional information regarding the rate commission responsible for bus and handi-van rates. The DTS responded that residents can visit http://www4.honolulu.gov/docushare/dsweb/View/Collection-2818 or go to RCH Section 6-1704 - Rate Commission on page 73. Proposition 4 was passed at the last general election, the vote was certified by the City Clerk on Tuesday, November 29, 2016. The commission website can be found at http://www.honolulu.gov/boards-and-commissions.
• Additional Police for Waikiki -- Responding to previous inquiries about assigning additional HPD personnel to Waikiki. The HPD responded that the number of police officer positions for each district is determined by several factors including population size and specific operational functions (i.e., All-Terrain Vehicle or bicycle officers) for the area. The HPD regularly conducts audits to determine the staffing strengths in each geographic area, as well as other support elements in the department.
• Biki Bikes and Education -- Responding to previous requests for multilingual signage at Biki stops to educate riders about where they can operate bikes. The DTS responded that according to Bikeshare Hawaii, all Biki Stops have maps with instructions in English and Japanese about not riding on sidewalks. More detailed bicycling rules and safety information are also on the same map in English and Japanese.
• Condominium Fire Sprinklers -- Responding to previous inquiries regarding condominium fire sprinkler determination and installation. The HFD responded that Bill 69 (2017) Council Draft (CD) 1, FD1, proposes that existing high-rise residential buildings not protected by fire sprinklers be subject to fire and life safety evaluations conducted by licensed design professionals. Bill 101 (2017) CD1, A Bill for an Ordinance Relating to Real Property Taxation and Bill 102 (2017) CD1, FD1, A Bill for an Ordinance Relating to Fees were signed into law and provide financial assistance through tax relief and fee waivers.
• Summer Fun Applications -- The DPR's Summer College Student Employment Program is recruiting applicants for the 2018 Summer Fun program. College students who want to develop management and programming skills, recreation and child development skills, or enjoy working with children between the ages of five (5) and 13 are encouraged to consider working as a Summer Aide at the 2018 Summer Fun program. The program runs from the end of May 2018 to the end of July 2018. The pay rate is 12 dollars per hour or 14 dollars per hour. Information can be found online at www.honolulu.gov/parks/dprsummerfun or by calling (808) 768-3020.
• Street Light Conversion -- The City wide LED Street Light Conversion Project started February 2018. From February 2018 until the end of December 2019, over 53,000 City and County Street Lights will be replaced with the more economical and directional LED lights. For more information about costs, schedule and frequently asked questions, visit www.myoahustreetlight.com.
• 29th Annual Hawaii Food Drive -- The Neighborhood Commission Office (NCO) is taking part in the 2018 29th Annual Food Drive with the Hawaii Foodbank. The NCO will be accepting food or monetary donations towards this worthy cause. The top five (5) most needed foods are: Canned Proteins (meat, tuna, chicken); Canned Meals (stew, spaghetti, chili); Canned Vegetables; Canned Fruits; and Rice. Donations can be given to the Neighborhood Assistant at Board meetings or brought down to the NCO at 925 Dillingham Boulevard, Suite 160. Donation Receipts are available upon receipt of food or money. For more information on how you can help, please contact Robert "Dylan" Whitsell at 768-3712 or firstname.lastname@example.org or James Skizewski at 768-3705 or email@example.com.
Governor David Ige's Representative -- Lynn Fallin, Hawaii State Department of Health (DOH) Behavior Health Services Administration Deputy Director, circulated a newsletter and reported the following:
• Flu and Mumps -- Flu is currently declining. Mumps has decreased but is still an ongoing issue.
• Education -- Governor Ige has supported public education by providing air conditioning for public schools, providing teachers with necessary pay raises, supporting programs to provide college education to high school students, and providing additional scholarship opportunities to local students.
Questions, comments, and concerns followed:
1. Mumps Origin -- A resident inquired about the origin of the recent mumps outbreak and voiced concerns regarding students not receiving immunization prior to attending public schools. Deputy Director Fallin responded that she was unsure of the origin, however there have been reports of mumps outbreaks throughout the mainland. Deputy Director Fallin stated that the DOH has increased education about vaccine availability to encourage immunization.
2. Education -- A resident voiced concerns regarding education in Hawaii and inquired about increasing programs to provide college education to high school students. Deputy Director Fallin responded that there is a program allowing high school students to participate in community college courses.
Councilmember Trevor Ozawa -- Kurt Tsuneyoshi, Director of Community Relations, circulated a newsletter and reported the following:
• Council Reorganization -- The City Council reorganized on Monday, March 19, 2018. Councilmember Ozawa now chairs the City Council's Budget Committee.
• Garbage Collection Noise -- Councilmember Ozawa's office is currently working with West Oahu Aggregate to address issues regarding garbage collection services creating excessive noise in Waikiki.
Questions, comments, and concerns followed:
1. Garbage Collection Noise -- Erteschik inquired if the City Council could draft ordinance to address excessive garbage collection noise. Tsuneyoshi responded that they would prefer to discuss the issue with the collection companies first. Smith recommended examining previous efforts made by Councilmember Kobayashi in addressing the issue by organizing a community meeting between collection companies and residents. Tsuneyshi responded that he would refer the suggestion to Councilmember Ozawa.
2. Ala Wai Golf Course Driving Range -- Resident Franklin Chung inquired about the Ala Wai Golf Course Driving Range. Tsuneyoshi responded that the development is in the recurring process and is under the jurisdiction of Enterprise Services.
3. Bill 6 -- Resident Moskowitz requested an update regarding Bill 6 relating to kiosks in Waikiki. Tsuneyoshi responded that Bill 6 is in second reading and will require one (1) more reading before it can pass.
Senator Brickwood Galuteria -- Raytan Vares circulated a handout and reported the following:
• Budget Bill -- The Senate inserted 2.5 million dollars into the budget bill for the Royal Hawaiian Groin project.
• Conferences -- The Senate is currently going to conference to make final considerations on bills progressing through the 2018 Legislative Session.
• Kupuna Power -- Kupuna Power day is scheduled for Thursday, April 12, 2018 from 9:00 a.m. to 11:30 p.m. at the Hawaii State Capitol. Resident are encouraged to attend free of charge.
Representative Tom Brower -- No representative was present, a newsletter was circulated.
Waikiki Improvement Association (WIA) -- Rick Egged reported the following:
• Bench Removal -- The bench located in front of the Center of Waikiki California Pizza Kitchen received a permit for removal from the Department of Planning and Permitting (DPP).
• Bill 6 -- Bill 6 passed second reading and is now awaiting third reading which is expected by June 2018.
• Waikiki Transportation Management Association (WTMA) -- The WTMA held an organizational meeting on Wednesday, April 4, 2018 to acquire funds for pilot programs addressing transportation issues in Waikiki.
Questions, comments, and concerns followed:
1. HB 2010 -- Erteschik inquired about HB 2010 and the WIA's opinion on the bill. Egged responded that the WIA opposed HB 2010 and that the bill is not expected to pass.
2. Oliver McMillan Project -- Erteschik stated that he received reports regarding the Oliver McMillan housing project stating the quantity of housing units decreased from original projections. Egged responded that he was unaware of the report and agreed to investigate the issue.
3. Affordable Housing -- A resident voiced concerns regarding inadequate funding being allocated to increase affordable housing.
APPROVAL OF THE TUESDAY, MARCH 13, 2018 REGULAR MEETING MINUTES
Henski moved and Flood seconded the Motion to Approve the Tuesday, February 13, 2018 Regular Meeting Minutes With Corrections WAS ADOPTED by MAJORITY VOTE, 13-0-1; (AYE: Bautista, Boyack, Carroll, Erteschik, Fahey, Finley, Flood, Henski, Merz, Nigro, Shields, Smith, and Wilder; NAY: None; ABSTAIN: McIntyre).
Corrections: Page 7 -- Under Senator Brickwood Galuteria: Strike out "5.5 million" and insert "1.5 million."
NEW BOARD BUSINESS
Outdoor Circle New Programs -- Brian Bagnall and Miles Ritchie, Outdoor Circle, circulated a handout and reported the following regarding three (3) new preservation and planning initiatives from Outdoor Circle:
• Report Availability -- The full report is available online at www.waikikioutdoorcircle.org.
• Trees for Honolulu's Future -- Outdoor Circle has formed a coalition with various agencies ranging from City and State departments, non-profit and volunteer organizations, and businesses to form an initiative for 35% urban tree coverage by 2035. The coalition held a conference on Friday, March 9, 2018 where a proclamation was signed by Mayor Caldwell supporting the initiative.
• Citizen Forester Program -- Outdoor Circle's Citizen Forester Program provides training to volunteers to map tree placement in urban settings. Tree mapping and data collection provides information on the health of the urban forest and identifies new areas for tree planting.
• Carbon Neutrality Challenge -- Through a partnership with the University of Hawaii (UH) Manoa and the Outdoor Circle the Carbon Neutrality Challenge creates a unique curriculum for students of all ages to educate them on how tree planting can offset the negative impacts of climate change. Students and residents are invited to participate in tree planting through the program to cancel out their carbon footprint.
Questions, comments, and concerns followed:
1. Tree Planting -- Shields inquired who grants permission for tree planting on premises and how much space is necessary for tree planting. Ritchie responded permission is required from property owners when planting on private property and that different species of trees are planted depending on the size of available space.
2. Approval -- Merz and Erteschik voiced approval for the Outdoor Circle's efforts and recommended that they contact the City's Office of Climate Change, Sustainability, and Resiliency (CCSR) to work together.
3. Planting Timeline -- Erteschik inquired about the timeline for tree planting activity and Bagnall responded that tree planting is a long term project. Bagnall stated that Honolulu is currently losing 1% of its total trees per year and current efforts are focused on preventing additional loss before increasing tree populations through 2035. Ritchie stated that areas suitable for tree planting have been identified and suitable tree species are now being considered.
Honolulu Liquor Commission (HLC) -- Anna Hirai, Assistant Administrator, Peter Nakagawa, Chief Investigator, Daniel Sato, Supervising Investigator, and Scott Perez, Investigator, circulated handouts and reported the following:
• Classes -- There are 18 different liquor license classes allowing varying hours of operation.
• Training -- The HLC offers training classes to managers and servers available Monday, Tuesday, and Wednesday. Server training focuses on identifying intoxicated persons, the dangers intoxicated driving, preventing serving to minors, and selected liquor laws and rules established by the HLC. Managers and bartenders are required to complete the server training course prior to registering with the HLC. Individuals who are not actively serving alcohol, such as chefs, may not be required to complete the course.
• Noise -- Noise is regulated by Liquor Rule §3-82-38.23 Compliance With Allowable Noise Levels which limits the permissible noise by decibel level for different zoning districts and requires reduced noise between the hours of 10:00 p.m. and 7:00 a.m. When investigating complaints, teams are assigned to monitor establishments to verify their noise exceeds that of the surrounding area's ambient noise for a total of two (2) minutes at which point establishments can be cited.
• Customers Carrying Alcohol -- Customers are allowed to carry alcohol into permissible establishments except between the hours of 12:00 a.m. and 6:00 a.m.
• Additional Resources -- The HLC complaint hotline is 808-768-7363, residents are encouraged to contact the hotline to effectively file complaints. Additional information is also available by contacting 808-768-7300 or firstname.lastname@example.org, or by going online to http://www.honolulu.gov/liq.html.
Questions, comments, and concerns followed:
1. Penalties -- Chair Finley inquired about the penalties for violating HLC rules. Perez responded that penalties include reprimands, monetary fines, or license suspension depending on the licensing and the violation.
2. Noise Complaint -- Flood voiced concerns regarding Kapahulu Avenue clubs with consistent noise readings at 90 decibels and inquired about filing a complaint. Perez recommended contacting the complaint hotline at 808-768-7300. Flood inquired and Sato responded that investigators are available during the night.
3. Ambient Noise -- Erteschik inquired if Waikiki's louder ambient noise allows its establishments to produce more noise than establishments in other areas. Perez responded that citations cannot be issued without an establishment exceeding the surrounding area's ambient noise for two (2) minutes. Perez stated that this does allow establishments to create more noise when located in areas with louder ambient noise. Nakagawa stated that permissible noise depends on the zoning where the establishment is located.
4. Complaint Recording -- Smith requested clarification and Nakagawa responded that complaint recordings are performed for 20 minutes and establishments will be found in violation of HLC rules if their noise exceeds permissible levels for a total of two (2) minutes.
5. Fees -- Moskowitz recommended increasing noise violation fees for cabaret class licenses. Hirai responded that there are multiple means to regulate cabarets including HLC rules, City ordinances, and State laws.
6. PDS QK Licenses -- Henski inquired about the two (2) applications for the PDS QK. Perez responded that two (2) separate applications were filed for the PDS QK, both being class two (2) restaurant applications allowing operations to range from 6:00 a.m. to 2:00 a.m. Henski voiced concerns regarding the Queen Kapiolani Hotel creating noise late at night affecting residents located in adjacent condominiums. Perez responded that the applications will receive a public hearing at which time the public is invited to submit testimony regarding the application. Henski clarified that concerns were in regards to noise impact and Perez responded that noise impact surveys are performed and included in application reports.
7. Street Performers -- Flood inquired and Perez responded the HLC does not address street performer noise.
8. Time Sensitivity -- Smith inquired if noise complaints are time sensitive and if standards fluctuate with the time of day. Perez responded that maximum permissible sound levels depends on the zoning district of the establishment and the time of day. Perez stated that investigators must verify disturbances before citing establishments. Smith inquired and Nakagawa clarified that public complaints need to be verified with quantitative disruptions and require additional follow through reports from the public to allow enforcement.
9. Zoning -- Chair Finley inquired and Sato responded that zoning impacts applications, however public testimony is still required for the HLC to make accurate decisions.
10. Security -- Chair Finley inquired and Sato responded that establishments are responsible for their security. Chair Finley inquired if the HLC can take action when individuals become intoxicated at an establishment, then create incidents outside of the establishment. Sato responded that the HLC can only take action on areas under exclusive jurisdiction of a licensee.
11. Commission Rules -- Resident Doug Kern inquired and Hirai responded that HLC rules can be influenced by petitions or through regular review which includes public hearing to allow input on planned alterations.
12. Training -- Resident Kern inquired about the training provided to licenses and what responsibilities are bestowed on license holders. Perez responded that licenses are trained to contact the HPD when facing situations which they cannot handle. Resident Kern inquired if licensees are trained to consider the actions which intoxicated patrons may take after leaving the licensee's establishment. Perez responded that licensees are trained to stop serving to intoxicated individuals who must leave establishments when requested. Nakagawa clarified licensees are responsible for actions performed on their property, however actions performed off their property are the responsibility of the intoxicated individuals and the HPD.
13. Disposal Noise -- Smith inquired if the HLC could take action when establishments create excessive noise with garbage and recycling disposal. Sato responded that noise complaints must meet the requirement of 10% of time for a 20 minute recording period, which refuse disposal does not usually meet, for enforcement.
14. Ala Wai Golf Clubhouse -- Shields inquired about a liquor application for the Ala Wai Golf Clubhouse. Chair Finley responded that the hearing is scheduled for Thursday, May 24, 2018. Perez responded that a liquor license is already in place for the site, however it is being transferred to a new entity.
15. Food Truck Alcohol -- A resident inquired and Perez responded that the limitation on bringing alcohol to establishments by 12:00 a.m. applies to food trucks with outdoor tables.
Legislative Report -- Erteschik circulated a list of House and Senate bills from the second crossover of the 2018 Hawaii State Legislative Session and reported the following:
• HB 2380 -- HB 2380, relating to disposition within State boating facilities, clarifies that the BLNR may lease all fast lands and submerged lands within any existing State boating facility pursuant to a request for proposals without regard to section 200-2.6, Hawaii Revised Statutes (HRS).
• Senate Bill (SB) 974 Senate Draft (SD) 2 House Draft (HD) 2 -- SB 974 SD 2 HD 2 would, if passed, limit the exemption from parking fees to drivers with a disability who are unable to operate a parking meter or pay station because of the driver's disability and who display a distinguishing parking device, code, permit, or decal. Clarifies time limit applicable to the exemption.
• SB 2461 SD 1 HD 1 -- SB 2461 SD 1 HD 1, relating to service animals, establishes a civil penalty for misrepresentation.
• SB 2571 SD 2 -- SB 2571 SD 2 would, if passed, ban the sale and distribution of any sunscreen product containing oxybenzone or octinoxate without a prescription issued by a licensed healthcare provider.
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