LIHU‘E — A glass of champagne can cost a small fortune, even if it’s stale and only half-full.
The owners of Lava Lounge, a fairly-new and trendy night spot in Kapa‘a, found out the hard way.
Lava Lounge co-owner Courtney Clark was helping to clean up the bar after a busy night. He found a half-full glass of champagne behind a speaker, and placed it on the bar top so the bartender could grab it and wash it.
The bartender, however, was busy opening a bottle of Heineken for a well-deserved, pau-hana drink for doorman Max.
Meanwhile, county Department of Liquor Control investigator Larry Moises had already grabbed the champagne glass. As soon as the bartender placed the beer bottle on the bar top, Moises grabbed it before Max could reach it.
Why the big fuss?
It was two minutes past 2 a.m., and Lava Lounge owners Clark and Joshua Svetlick ended up with $500 in fines for two violations.
The champagne glass on top of the bar top cost them $250, for failure to clear tables by closing time.
The Heineken cost them another $250.
“I thought it was OK to have a pau-hana drink at the end of the night. I guess it’s not,” Clark said.
It turns out that a pau-hana drink is legal even after hours, according to Deputy County Attorney Mauna Kea Trask.
But in his testimony before the county Liquor Control Commission on Thursday in the department’s conference room in the Lihu‘e Civic Center Mo‘ikeha Building, Clark stated that the whole staff was still on the clock, which now could mean a fine for serving an employee still on duty.
Lava Lounge got away with that one because although Max may have shown intention to have the beer, there’s no evidence he consumed it, said Trask.
It seems Moises’ efficiency in grabbing that beer before Max could drink it helped the establishment avoid the violation for serving an on-duty employee.
But Moises had a different story. He said he didn’t think Max was an employee.
The commissioners looked at each other but no one could bring up a motion for a fine. So they called a quick executive session to review the rules regarding a possible fine.
It appeared that only employees remained at Lava Lounge after closing time. But while Max was being served, the DJ and the sound technician were breaking down the sound system.
The commission ruled the entertainers were not employees, and so the establishment was fined another $250 for serving alcohol after hours with non-employees present.
After the fines were imposed, Moises followed Clark outside the meeting room and gave him back the glass of champagne that had been confiscated weeks before. Inside it was not-so-fine, aged sparkling wine.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.
