www.charlescountymd.gov

Charles County, Maryland

Minutes

Minutes
Thursday, April 12, 2018

            The following members of the Board were present at the County Commissioners’ Meeting Room, Charles County Government Building, for a regular hearing of the Board of License Commissioners:  Thomasina Coates, Chairman, Guy N. Black, Vice Chairman, Linda Warren, and Kathleen Quade.  Also appearing in support of the Board were M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator; Alcohol Enforcement Inspector Wayne Magoon; Associate County Attorney Jessica Andritz; and Lisa Bailey, Clerk/Recording Secretary. 

 

            1.         Following a question and answer period as to the nature and specifics of each event, and upon a motion duly made, seconded and unanimously carried, the Board approved the following temporary alcoholic beverage license applications, as presented:

Newburg Volunteer Rescue Squad & Fire Department, Inc., by Andrew Spalding, EMS Chief, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only inside and upon the Firehouse Grounds, (dinner/parade), on May 5, 2018 from Noon – Midnight, for a fundraiser with approximately 350 people expected to attend.

Charles County Chamber of Commerce, by Betsy Burian, Exec. Director.  Appearing on behalf of the applicant was Dee Hancock, for two (2) 1-day temporary alcoholic beverage licenses, to sell/serve Beer, Wine & Liquor on May 3, 2018, inside Therapeutic Massage & Wellness Spa; and on July 12, 2018 – inside Ferguson Bath, Kitchen & Lighting Gallery.  Each monthly mixer/networking event is scheduled from 5:30–7:30 p.m., with approximately 100 people expected to attend.

American Cancer Society, by Charles A. Costa, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor at Charles County Fairgrounds, on Saturday, June 9, from 2:30-8:30 p.m., for a Relay for Life for Charles County fundraiser, with approximately 300 people expected to attend.

Accokeek-Bryans Road Lions Club, by W. Philip Gordon, Jr.  Appearing on behalf of the applicant was William Cassidy and James Landry, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor (serving beer & wine only) at White Plains Golf Course, on Friday, June 1, 2018 from 7:30 a.m. to 2:00 p.m., for a fundraiser with approximately 100 people expected to attend.

Elite Registry of Working Dogs, by:  Kyle Ramsey.  Appearing on behalf of the applicant was Kenna Williams, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only outside at BoonDoggie Farm, 14655 Charles Street, Charlotte Hall, Maryland, on Saturday, May 19, 2018 from 6-10 p.m., for a fundraiser with approximately 100-300 people expected to attend throughout the day.

Harry White Wilmer American Legion Post 82, by David A. Tatman, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only outside at the White Plains Golf Course, on Friday, June 22, 2018, from 7:30 a.m.- 3 p.m., for their 13th Annual fundraiser with approximately 144 people expected to attend.

Charles/St. Mary’s Baseball, by Cheryl A. Rice.  Appearing on behalf of the applicant was William DeAtley, for 11 temporary alcoholic beverage licenses to sell/serve Beer Only outside at the Rainbow Field, Hawthorne Road, La Plata, Maryland, from Noon to 8 p.m. on game days scheduled during the following dates 10-day date ranges, from Noon-dark, for fundraisers with approximately 50-100 people expected to attend each event.  Applicant agreed to provide a game calendar but indicated that due to ‘rain-dates’ the games may deviate from schedule.

                        April 29 – May 8                    July 22 – July 31

                        May 12 – May 21                   August 4 – August 14

                        June 3 – June 12                     August 19 – August 28

                        June 13 – June 22                   Sept 5 – Sept 14

                        June 24 – July 3                      Sept 15 – Sept 24

                        July 12 – July 21

 

            2.         James Joseph Gorney, Linda Ann Recke, Ovations Food Services of Maryland, LLC, t/a Ovations Food Services of Maryland, Regency Furniture Stadium, 11765 Saint Linus Drive, Waldorf, Maryland 20602, appeared for a new Class B/Stadium – Beer, Wine & Liquor (on sale only) alcoholic beverage license.  Counsel to the applicant was Leanne Schrecengost, Esq.  Testimony was presented by the applicants pertaining to the facts contained in the application, which evidence among other things, that this premises was formerly trading as Centerplate a/k/a Regency Furniture Stadium, 5375 Piney Church Road, Waldorf, Maryland  20602; and, that alcoholic beverage license was voluntarily remanded to the Board of License Commissioners on March 12, 2018.  The applicants defined the licensed premises as the “entire stadium,” and discussed policy and procedures of responsible alcohol management with the Board.  The Board questioned the applicants and testimony presented included details of their training requirements, service policies - including ‘2 drink limits,’ and their work with volunteer charitable organizations serving alcoholic beverages during fundraising events.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the application filed on behalf of James Joseph Gorney, Linda Ann Recke, Ovations Food Services of Maryland, LLC, t/a Ovations Food Services of Maryland, Regency Furniture Stadium, 5375 Piney Church Road, Waldorf, Maryland 20602, for a new Class B/Stadium – Beer, Wine & Liquor (on sale only) alcoholic beverage license, be approved as presented.

            3.         Brittany A. Connell, Stanley Minniefield, Outback of La Plata, Inc., t/a Outback Steakhouse, 6649 Crain Highway, La Plata, Maryland, 20646, appeared for a substitution of officer on the Class B/BLX – Beer, Wine & Liquor (on sale only) Luxury Restaurant alcoholic beverage license issued to Andre Joseph Capoen II, Stanley Minniefield, Outback of La Plata, Inc., t/a Outback Steakhouse - La Plata.  Counsel to the applicant was Nicholas J. Kallis, Esq.  Testimony was presented by applicant Brittany A. Connell, pertaining to the facts contained in the application which evidences Ms. Connell replacing Mr. Capoen as an officer and resident licensee for Outback of La Plata, Inc.  Ms. Connell is also a licensee on the Class B/BLX alcoholic beverage license issued to Outback of Waldorf, Inc.  The applicant indicated that they intend to continue their current policies regarding alcohol management and no further change in the operation of the business is being contemplated.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the application be approved as presented.

            4.         Brittany A. Connell, Stanley Minniefield, Outback of Waldorf, Inc., t/a Outback Steakhouse, 3020 Crain Highway, Waldorf, Maryland, 20602, appeared on April 12, 2018, for a substitution of officer on the Class B/BLX – Beer, Wine & Liquor (on sale only) Luxury Restaurant alcoholic beverage license, issued to Andre Joseph Capoen II, Stanley Minniefield, Outback of Waldorf, Inc., t/a Outback Steakhouse - Waldorf.  Counsel to the applicant was Nicholas J. Kallis, Esq.  Testimony was presented by applicant Brittany A. Connell, pertaining to the facts contained in the application which evidences Ms. Connell replacing Mr. Capoen as an officer and resident licensee for Outback of Waldorf, Inc.  Ms. Connell is also a licensee on the Class B/BLX alcoholic beverage license issued to Outback of La Plata, Inc.  The applicant indicated that they intend to continue their current policies regarding alcohol management and no further change in the operation of the business is being contemplated.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the application be approved as presented.

            5.         Crystal L. Gruss, Kenneth Russo, Carrabba's of Waldorf, Inc., t/a Carrabba's Italian Grill, 3754 Crain Highway, Waldorf, Maryland 20602, appeared on April 12, 2018, for a substitution of officer on the Class B/BLX – Beer, Wine & Liquor (on sale only) Luxury Restaurant alcoholic beverage license issued to Paula Adriani Capoen, Kenneth Russo, Carrabba's of Waldorf, Inc. t/a Carrabba's Italian Grill, 3754 Crain Highway, Waldorf, Maryland 20602.  Counsel to the applicant was Nicholas J. Kallis, Esq.  Testimony was presented by applicant Crystal L. Gruss, pertaining to the facts contained in the application which evidences Ms. Gruss replacing Ms. Capoen as an officer and resident licensee for Carrabba’s of Waldorf, Inc. Ms. Gruss also is employed at the establishment as a full-time senior manager.  The applicant indicated that they intend to continue their current policies regarding alcohol management and no further change in the operation of the business is being contemplated.   Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the application be approved as presented.

            6.         Show Cause in the Matter of the Class H – Beer & Wine (on sale only) alcoholic beverage license issued to Cynthia Lynn Skaltsis, Franco-Todd Enterprises, Inc., t/a Napoli Pizzeria, 2728 Crain Hwy, Waldorf, Md  20601 dated February 20, 2018, alleging a violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Licensee Cynthia Lynn Skaltsis appeared and was represented by Hugh Williams, Esquire.  On behalf of his client Mr. Williams acknowledged receipt of the show cause order at least 10 days prior to the hearing, and admitted to providing alcoholic beverages service to an Approved Underage Person on December 20, 2017, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  The server, Benda Joyce Stanford, also appeared and acknowledged receipt of the Show Cause Order at least ten days prior to the hearing and admitted to the violation, which is a subsequent violation to charges adjudicated by the Board on August10, 2017.  The hearing was conducted in accordance with Rule 2.114, with the Board calling M/Cpl. Judith Thompson who testified as to the allegations contained in the police report; the licensee and server each responded to questions posed by counsel, the Board members and staff.  The licensees and witness offered further testimony and evidence in mitigation of any penalty the Board may be considering, including the circumstances of the sale, past successful compliance checks, and their current alcohol management training and policies.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board found the licensee and server in violation of a subsequent offense of Section 6-304 of the Alcoholic Beverages Article of the Annotated Code of Maryland and ordered that the alcoholic beverage license be suspended for two days, beginning at opening of business on Monday, April 16, 2018, ending at close of business on April 17, 2018; and the Board further ordered that they continue to hold the three-day suspension from the prior violation in abeyance in accordance with the Board’s previous Order.  The Board further ordered that the licensee be $1,000, to be paid before the reinstatement of the license.  Due to personal and economic hardship, the Board waived a monetary fine against the server, Brenda Joyce Stanford.

            7.         Show Cause in the Matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Patricia Elizabeth Garcia, RBP, Inc. t/a Mexico Restaurant, 10598 Middleport Lane, White Plains, Maryland, 20695 dated February 20, 2018, alleging a violation of Alcoholic Beverages Article, §§ 18-2001 and 18-2004 of the Annotated Code of Maryland. Licensee Patricia Elizabeth Garcia appeared and was represented by David J. Martinez, Esquire.  On behalf of his client Mr. Martinez acknowledged receipt of the show cause order at least 10 days prior to the hearing, and admitted to Count I of the Show Cause Order by allowing consumption of alcoholic beverages inside the licensed premises at approximately 4:04 A.M. on August 14, 2017, in violation of Alcoholic Beverages Article, §18-2001 of the Annotated Code of Maryland, which prohibits alcohol consumption on/in the licensed establishment between the hours of 2 a.m. and 6 a.m.  Mr. Martinez also admitted to Count II of the Show Cause Order by allowing bottles and containers to remain on the table after 12:01 A.M. or later on August 14, 2017, inside the premises in violation of Alcoholic Beverages Article, §18-2004 of the Annotated Code of Maryland, which requires all alcohol bottles and containers to be removed on or before midnight on Sundays. The Board further found these violations to be considered a subsequent offense to a violation adjudicated before the Board on October 12, 2017, wherein the Board found the licensee, Patricia Elizabeth Garcia, RBP, Inc., in violation of selling and/or furnishing alcoholic beverages to a person who was under the age of twenty-one (21) years, and ordered a three day suspension, with all three days held in abeyance for three years, contingent upon no further violations, and further ordered a $1,500 fine.

            The hearing was conducted in accordance with Rule 2.114, with the Board calling M/Cpl. Judith Thompson who testified as to the allegations contained in the police report; the licensee responded to questions posed by counsel, the Board members and staff. The licensee offered further testimony and evidence in mitigation of any penalty the Board may be considering, and acknowledged that “…the managers should have been aware of their responsibilities.”  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board found the licensee in violation of a subsequent offense, and in violation of Alcoholic Beverages Article, §§18-2001 and 18-2004 of the Annotated Code of Maryland; and ordered that the alcoholic beverage license be suspended for three days, beginning at opening of business on Monday, April 16, 2018, ending at close of business on April 18, 2018; and the Board further ordered that the Board continue to hold the three-day suspension from the prior violation in abeyance in accordance with the Board’s previous Order; and, it was further ordered that the licensee be fined $2,500, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners before the reinstatement of the license. 

            8.         Review of 2018 Alcoholic Beverage License Renewal Applications.  The clerk provided each Board member with a listing of all alcoholic beverage licensees in Charles County and advised that 177 alcoholic beverage license renewal applications were mailed to licensees on February 28, 2018 and presented 172 completed applications pending the Board’s approval today.     The following licensee’s failed to file a renewal application: 

        

            1.         Centerplate – The clerk further advised that the new application for Ovations Food Services of Maryland, LLC, t/a Ovations Food Services of Maryland, Regency Furniture Stadium was approved earlier in the day;

            2.         Courtyard by Marriott (a new application pending the May 17 hearing);

            3.         Lefty’s BBQ – failed to renew;

            4.         Red Oak Bistro – failed to renew;

            5.         Noodles & Co. – failed to renew; and

            6.         Ford’s Wonder Bar – failed to renew. 

 

            The Clerk presented 117 applications identified on the list as being cleared by the Maryland Comptroller, Maryland Department of Assessments and Taxation and the Charles County Treasurer’s office.  Upon a motion duly made, seconded and unanimously carried, the Board approved those applications for renewal. 

            The Clerk presented 55 applications with outstanding matters – including 54 applications identified as having a ‘hold’ placed on the account by the Maryland Comptroller, Maryland Department of Assessments and Taxation, the Charles County Treasurer’s office, and/or the Board for being incomplete.  Upon a motion duly made, seconded and unanimously carried, the Board approved those applications for renewal contingent upon satisfaction of all outstanding matters by Midnight, April 30, 2018. 

            The Clerk further advised the Board that an application for renewal for the Class D – Beer, Wine (on/off sale) Liquor (off sale only) alcoholic beverage license was not filed on behalf of Brianna Brown, Jacqueline Jefferson, My Wayside Store, LLC, t/a Wayside Store, 13074 Rock Point Rd., Newburg, MD 20664, as the licensee could not provide proof of residence of Ms. Jefferson.  It was also noted that due to a recent fire at the licensed premises, the license has been inactive until the premises was rebuilt.  David Martinez, Esquire joined the meeting on behalf of his clients and the Board agreed to approve an application contingent upon proof of residency by April 30, 2018. 

            20 applications were filed with the Board beyond the March 30 deadline.  In accordance with Alcoholic Beverages Article §18-____, beginning Tuesday, April 3, each assessed a $50 per day late fee, totaling approximately $4,600 in total fines.  The clerk estimated a collection of approximately $195,000+ in annual renewal fees/late fines.  The proposed FY2019 budget request is $249,000.

            The clerk thanked the Board members for another successful renewal season, and gave special thanks to the Office of the County Attorney and Office of the Treasurer, most notably, to Jesse Bungcayao and Annette Huntzberry.

            9.         The clerk reminded the Board of the scheduled MALA conference beginning Thursday, May 10 through Saturday, May 12, 2018, and that the scheduling of the conference necessitated the rescheduling of the May hearing from May 10 to May 17, 2018.

            10.       The clerk reminded those members who haven’t yet filed, that their Financial Disclosure Forms are due to the County by April 30, 2018. 

            11.       The Board approved a request by David Martinez, Esq. for an additional 30-day extension for build-out and the issuance of the alcoholic beverage license for Social 228.

            12.       With no further business, and upon a motion duly made, seconded and unanimously carried, the meeting adjourned at 2:42 p.m.

                                                                                   

                                                                                    ____________________________________

                                                                                    Lisa Bailey, Clerk