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The Honolulu Advertiser
Posted on: Monday, August 8, 2005

Honolulu liquor inspectors gearing up

By Robbie Dingeman
Advertiser Staff Writer

Liquor Commission investigator Loreto Raquel Jr., who took a five-day certification course, will train his colleagues to wield their batons, pepper spray and handcuffs. The gun above is a dummy for training; the scandal-plagued agency's request for guns was turned down.

REBECCA BREYER | The Honolulu Advertiser

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ABOUT THE COMMISSION

  • The Liquor Commission oversees nearly 1,400 bars, clubs, restaurants and other businesses that sell liquor. It gets its money — $3.7 million budgeted this year — from the operations that it licenses and from fines paid by those businesses.
  • Five commissioners appointed by the mayor and confirmed by the City Council oversee the agency, with day-to-day operations directed by the administrator and staff. State law gives the agency its authority, while it is administratively attached to the city.
  • The commission has been plagued by scandal in the last five years: Eight investigators, who now no longer hold those jobs, were found guilty of racketeering, bribery, extortion and other charges for accepting bribes from owners and workers of hostess bars and strip clubs in 2000 and 2001; a city audit this year blasted the commission for mismanagement; and the agency is the subject of an ongoing FBI investigation.
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    ABOUT THE COMMISSION

  • The Liquor Commission oversees nearly 1,400 bars, clubs, restaurants and other businesses that sell liquor. It gets its money — $3.7 million budgeted this year — from the operations that it licenses and from fines paid by those businesses.
  • Five commissioners appointed by the mayor and confirmed by the City Council oversee the agency, with day-to-day operations directed by the administrator and staff. State law gives the agency its authority, while it is administratively attached to the city.
  • The commission has been plagued by scandal in the last five years: Eight investigators, who now no longer hold those jobs, were found guilty of racketeering, bribery, extortion and other charges for accepting bribes from owners and workers of hostess bars and strip clubs in 2000 and 2001; a city audit this year blasted the commission for mismanagement; and the agency is the subject of an ongoing FBI investigation.
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    In two weeks the Honolulu Liquor Commission plans to begin defensive training for investigators that includes use of a metal telescoping baton, pepper spray and handcuffs, stopping short of a rejected request to arm investigators with guns.

    There also is a move to outfit investigators with uniforms for the first time — including long-sleeved shirts that say "police" in large letters and "Liquor Commission" in smaller print — and expand the use of bullet-proof vests and two-way radios.

    Liquor Commission chairman Dennis Enomoto said the investigators who regulate liquor laws face an increasingly dangerous environment and that's why the training and police-type gear were approved last year.

    "I think short of getting firearms, it's a reasonable thing," Enomoto said.

    The commission has come under considerable scrutiny after being rocked by scandal and accused of inadequate management and oversight. The plan to equip investigators with batons and pepper spray is the latest in a series of revelations in recent weeks that have prompted criticism and suspicion.

    Tom Jones, co-owner of Gyotaku Japanese Restaurants, which serves food and liquor, said it makes more sense to him to leave the jobs that require weapons to the police who have the tools and training. He said the convictions of eight former investigators for bribery and extortion in bars and strip clubs causes him to doubt the wisdom of adding "weaponry to the equation."

    "Generally, I think the Liquor Commission does a good job," said Jones, a past chairman of the Hawai'i Restaurant Association. "But with alcohol and vice, hostess bars, etc., the commission ... hasn't shown the ability to deal with these types of situations."

    City Councilwoman Ann Kobayashi said the "commission has to take a really good look at their duties. Why is there such a need to arm these investigators?"

    Enomoto said that giving investigators the proper tools to carry out their duties safely is part of a broader attempt to raise the commission's level of professionalism and restore public confidence in the agency.

    He said the commission is moving forward to choose a new administrator, shape a new strategic plan and request that voters make the top administrator an appointed position rather than a civil servant.

    "We're moving forward; it's not all finalized," Enomoto said.

    A number of surprises have come out of the commission recently, beginning July 14 when an Advertiser story made public a proposal to give firearms to the agency's investigators. The same day, the commission stripped administrator Wallace Weatherwax of his duties. Then, on July 21, the commission approved a settlement that removed Weatherwax from his post but allowed him to remain on the city payroll until he retires Oct. 31.

    That drew criticism from Mayor Mufi Hannemann, who said Weatherwax needed to report to work if he was going to draw a city paycheck. Weatherwax subsequently reported to work in another office Aug. 1.


    NO POLICY YET

    The plan to prepare investigators to use batons and pepper spray is what remains of a wider proposal to standardize procedures, upgrade equipment and improve inspectors' safety after Weatherwax's bid to include firearms was rejected.

    Enomoto said the commission has not made a policy decision on what equipment investigators will be allowed to carry and whether they will regularly wear uniforms like those purchased for joint operations. Meanwhile, some individual investigators have chosen to purchase dark-colored T-shirts with "police" and "Liquor Commission" wording on their own.

    Investigator Loreto Raquel Jr. said the full law-enforcement garb would be only for joint operations with police and other law enforcement, which happens often.

    He said investigators currently wear plainclothes most of the time, commonly dressing in aloha shirts and jeans. The investigators already routinely use bullet-proof vests and police radios with a direct link to police, but more of both are needed, the commission said.


    WEAPONS TRAINING

    Raquel, a former Maui police officer, will conduct the defensive weapons training for other Liquor Commission investigators. He has been certified as a trainer by taking PPCT Management Company's training for $895 for a five-day course. Since then, he has trained two other investigators. He said he will train the other 16 investigators beginning Aug. 22.

    The cost of Raquel's training, other training-related costs and the new gear plus "duty belts" to carry them comes to about $11,500, plus the costs of purchasing more vests and radios.

    Raquel sees the equipment as "more of a deterrent" available to investigators only if other means — verbal commands, open-hand techniques, pressure points and other measures — prove insufficient.

    Supervising enforcement investigator Allan Gaylord, formerly with the Ho-nolulu Police Department, said that what he sees as escalating violence makes it obvious they need the additional gear to survive in the rougher bar scene.

    "We've got to put our life on the line, but we're not properly equipped," he said.

    The Liquor Commission could not cite any specific instances in which investigators had been injured as a result of violence.

    However, Gaylord said agency reports show that investigators are often faced with guns, knives and drug users as they crack down on underage drinking, try to prevent people who are drunk from being served and enforce other liquor-related laws.

    He said the investigators are sometimes challenged in bars by patrons brandishing guns and knives. He recalled an incident when investigators found a 16-year-old girl working as a stripper and some customers tried to step in as the investigators attempted to cite her.

    In such cases, investigators now must call for police backup, but sometimes the emergency response takes time, Gaylord said.


    SOME RESERVATIONS

    Hannemann said he favors training investigators in defensive tactics that can help them be safer. But the mayor isn't ready to recommend that all the police-type gear become standard equipment for investigators. He said he expects the commission will review the training before setting a policy on when the gear would be a good idea.

    "It doesn't mean that everything that they're asking for is going to be implemented," Hannemann said.

    Honolulu police Capt. Frank Fujii said the department has in the past opposed any transfer of liquor law enforcement to the police department. He said investigators focus on liquor regulation and licensing while police handle criminal and traffic cases.

    He declined to comment on the use of a baton, pepper spray and the training requested by Liquor Commission investigators because he is not familiar with the entire program.

    City Councilman Charles Djou said the Liquor Commission needs to continue to demonstrate that it is making changes to prevent corruption. He believes the commission did well to oust Weatherwax and is moving in the right direction.

    "I think the new commissioners are making good progress," he said.

    However, he would like to see more reforms before investigators get any new police-type tools.

    "I think there's a little bit of trepidation that I feel regarding all the recent scandals, extortion and bribery," he said.