www.charlescountymd.gov

Charles County, Maryland

Minutes

Minutes
Thursday, April 13, 2017

 

            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:  Pamela Smith, Chairman, Thomasina Coates, Vice Chairman, Guy N. Black, Steve Lowe, and Linda J. Warren.  Also appearing in support of the Board were M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator; Wayne Magoon, Alcohol Enforcement Inspector; Associate County Attorney Melody Miles Haynes; and Lisa Bailey, Clerk/Recording Secretary.

1.         Theodore J. Short appeared on behalf of Knights of St. John Commandery #309, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor, inside the St. Joseph Parish Hall, Pomfret, MD, on May 6, 2017 from 9:00 PM to 1:00 AM for a fundraiser with approximately 150 people expected to attend.  Testimony evidenced that Mr. Short was not proposing to sell or serve alcoholic beverages, but to allow the attendees to bring their own alcoholic beverages to the annual event.  The Board determined that the exceptions provided by Alcoholic Beverages Article §18-2501 for religious institutions, allowed the Knights to conduct the requested event with no temporary alcoholic beverage license being required. 

2.         Upon a motion duly made, seconded and unanimously carried, the Board approved the following temporary alcoholic beverage license applications, as presented:

La Plata Volunteer Fire Department, Inc., by Lynn Gilroy, for two (2) a 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor, inside the La Plata VFD Activity Hall on April 29 and May 20, from 7 p.m. to 2 a.m., for a Texas Hold’em tournament fundraisers with 75 – 100 people expected to attend each event.

Hospice of Charles County, Inc., by Brandon L. Jones, CEO.  Michelle Jones appeared on behalf of the applicant for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor at Middleton Cedar Hill Farm on June 10, 2017 from 4-9 p.m. for a fundraiser with 300 people expected to attend. 

Charles/St. Mary’s Baseball, by Cheryl A. Rice, for 11 temporary alcoholic beverage licenses to sell/serve Beer Only, at Rainbow Field, from Noon to Dark, for baseball games to be held during the following date ranges, for fundraisers to benefit Western Charles Baseball Team, with 50-100 people expected to attend each game:

            1.         April 23 – May 2                    7.         July 28 – Aug 6

            2.         May 7 – 16                              8.         Aug 13 - 22

            3.         May 21 – 30                            9.         Aug 27 – Sept 5

            4.         June 3 – 12                              10.       Sept 10-19

            5.         June 16 – 25                            11.       Sept 23 – Oct 2

 

            The Board reserved action on the following dates, instead requesting that the applicant reappear at the Board’s June hearing to consider the remaining dates:  July 10-19; July 28 – August 6; August 13 – 22; August 27 – September 5; September 10 – 19; and September 23 – October 2.

John Trotter Robert Stethem VFW Post 8810, by:  George A. Grimes, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on Friday, May 5 from 7 a.m. to 1 p.m. at Fun Haven Miniature Golf Course, La Plata, for a tournament fundraiser to benefit Fisher House SBA, with approximately 80 people expected to attend.

3.         Harry White Wilmer American Legion Post 82, by David A Tatman, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only, at White Plains Golf Course on June 23 from 7:30 a.m. to 3:00 p.m. for an Annual Golf Tournament with approximately 144 people expected to attend.  With no one appearing, the Board instructed the clerk to reschedule this matter to the May hearing.

4.         Patricia A. Shymansky, t/a Shymansky's Marina, 16320 Cobb Island Rd., Cobb Island, MD 20625, appeared with a request to expand their licensed premises for outside entertainment on the following dates:  April 15, 22; May 6, 20, 28; July 15, 22; and August 5, 2017.  Appearing on behalf of the licensee was Mrs. Shymansky and Charles Johnson.  The applicants testified that the bigger bands would be set up inside the licensed premises until they could address outside staging requirements.  They further testified that a design and event planning entity was helping them with the fliers only and were not profiting from the proposed events, nor were any promoters.  The clerk advised that the transfer application which was before the Board in March was not yet finalized, and that at that hearing the applicants, Mrs. Shymansky and Mr. Johnson, testified that there would be no outside entertainment.  M/Cpl. Judith Thompson testified that she had received anonymous concerns with regard to sound emanating across the waterway; parking, and public safety issues with regard to pedestrian traffic along the roadway.  The Chairman was concerned that the requested dates virtually cover every weekend throughout the summer months and she and the Board members have public safety concerns.  The applicants testified as to their additional parking at the boatyard and their shuttle.  Upon a motion duly made, seconded and unanimously carried, the Board approved the April 15 and 22nd dates only and instructed the clerk to advertise and post the property for a full hearing with regard to outside entertainment, and the applicant to reappear with a plan including a diagram, which addresses all aspects of the proposed outside entertainment, including parking & overflow, containment areas, traffic, noise, nuisance issues, and whether or not a temporary use permit would be required.

5.         Kathryn M. Kotel, Gregory J. Cusick, T.G.I. Friday’s of Charles County, Inc., t/a T.G.I. Friday’s, 2990 Waldorf Marketplace, Waldorf, MD 20603 for a transfer of the Class B-BWL (on sale) BLX alcohol beverage license issued to Kathryn M. Kotel, T.G.I. Friday's of Charles County, Inc., T.G.I. Friday's, 2990 Waldorf Marketplace, Waldorf, MD 20603.  Appearing on behalf of the applicant was Gregory J. Cusick, Vice President and Secretary, holding a 20% interest in TGI Friday’s of Charles County, Inc., and serving as resident licensee; and Lekisha Arrington, General Manager.  Counsel to the applicant was Leanne Schrecengost, Esq.  This application evidences a substitution of officer, with Mr. Gregory J. Cuick replacing The Hon. William Greer, who resigned in January, 2017, upon his appointment as a Circuit Court Judge.  The clerk advised that the file is in order and the applicant testified as to his qualifications to hold the license.  Upon consideration of the testimony and evidence presented, including but not limited to alcohol management policy and training, and a reminder that the licensee’s continue to be a good neighbor and be mindful of previous complaints about noise from the adjacent residential community, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer.

6.         Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Thomas R. Mueller, Jr., Donald Robert Downing, Memories, LLC, t/a Memories, 2360 Old Washington Rd., Waldorf, Maryland 20601.  Counsel to Thomas R. Mueller, Jr., was Kevin Smit, Esquire.  Donald Robert Downing did not appear.  The allegations contained in the Show Cause Order are as follows: 

COUNT 1 - That between 1/01/2013 and 10/12/16 M/Cpl. Judith Thompson and the Charles County Sheriff’s Department have received hundreds of calls to the licensed premises for assistance and incidents of fights, disorderly conduct, assaults, stabbing, and firearms, showing a failure to maintain the peace or safety of the community.

COUNT 2 - That on or about August 21, 2016, at 2:16 A.M. alcoholic beverages were knowingly consumed at the licensed premises in violation of Alcoholic Beverages Article, § 18-2001 of the Annotated Code of Maryland.

COUNT 3 - That on or about August 21, 2016, at 2:16 A.M., part of the licensed premises where alcoholic beverages are sold or displayed was allowed to remain open after 0200 hours, and/or all bottles and containers were not removed from the table on or before 0200 hours in violation of Alcoholic Beverages Article, § 18-2004 of the Annotated Code of Maryland. 

COUNT 4 - That Alcohol Enforcement Coordinator M/Cpl. Judith Thompson has obtained witness statement(s) that as of June 2016 someone other than the licensee(s) has a pecuniary interest in the license, and/or in the business to be conducted in violation of Alcoholic Beverages Article, §4-109 of the Annotated Code of Maryland; and/or the Rules & Regulations of the Board of License Commissioners of Charles County, Maryland, Rule 2.107 – Applications; and/or Rule 2.116 – Transfers; and/or Rule 3.101 - Ownership and Operation; and/or Rule 3.105 – License Changes.

COUNT 5 - That on or about September 9, 2016, at approximately 1:20 P.M., the licensee(s), by and through their agent(s), servant(s) or employee(s), believed to be Angelique Dawn Lape, did sell or furnish an alcoholic beverage, namely a Bud Light 12 oz. bottled beer, to a person who was under the age of twenty-one (21) years in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.

            The clerk advised that the licensees for Memories have not filed to renew their alcoholic beverage license, and that their alcoholic beverage license was turned-in to the Board on March 16 when the licensees were evicted from the licensed premises by their landlord. 

            At 11:40 a.m., Thomasina Coates made a motion in accordance with General Provisions Article, $3-305(b) to consult with counsel to obtain legal advice to discuss the Board’s legal obligations/options in consideration of the eviction of memories.  Guy Black provided the second, with all members voting in favor.  The meeting reconvened at 11:49 a.m.  After consultation with their legal counsel, and approval of the stipulation by Mr. Kevin Smit, counsel to Mr. Thomas R. Mueller, Jr., the Board moved to hold the hearing on the show cause order in abeyance for 3 years from the date of this hearing, as the licensee has been evicted and turned in his alcoholic beverage license.  The Board further ruled that should Mr. Mueller, Mr. Downing, or Mr. Gavin, appear before the Board as an applicant for a new or transfer alcoholic beverage license within the next 3 years, then the evidence obtained in support of the show cause order could be presented and utilized by the Board in finding whether or not the applicant is a fit and proper person to hold an alcoholic beverage license, among any other considerations.  The Board further instructed the alcohol enforcement officer to pursue possible criminal charges against ‘the person actually running the establishment,’ (Mr. Gavin).

7.         Show Cause in the Matter of the Class D – Beer & Wine (on/off sale) Liquor (off sale only) alcoholic beverage license issued to Amit N. Patel, Mae C. Wade, My Wayside Store, LLC, t/a Wayside Store, 13074 Rock Point Road, Newburg, MD 20664.  Hammad Matin, Esquire entered his appearance on behalf of the applicant and was granted a continuance until the May 11 hearing date. 

8.         Review of 2016 Alcoholic Beverage License Applications for Renewal - The clerk provided each BOLC member with the following documents:  Listing of all alcoholic beverage licensees in Charles County; Violations list going back 3 years; and 2017 Revised Board of License Commissioners Rules and Regulations.

            The clerk advised that on February 28, One Hundred Seventy-eight (178) alcoholic beverage license renewal applications were mailed to licensees with a return/filing deadline date of March 31, 2017.  Sixty-four (64) of those licensees had outstanding matters with either the Comptroller, Assessments & Taxation, Treasury and/or Board of License Commissioners.  At close of business on March 31, eighteen (18) license applications remained outstanding, assessing a combined $3,700 fine (calculated at $50.00 per day beginning April 3.) 

The following Licensees FAILED TO FILE RENEWAL APPLICATIONS:

1.         Peggy Joyce Thume, Joseph  Stephen Thume, Fuego's Latin Grill, LLC, t/a Fuego's Latin Grill, 11481 Berry Rd, Waldorf, MD 20603.  On 3/31/17 the licensees turned-in their Class B - B/RB (Restaurant/Bar) BWL (on sale) alcoholic beverage license, along with a letter advising that they had vacated the premises. 

2.         Thomas R. Mueller, Jr., Donald Robert Downing, Memories, LLC, t/a Memories, 2360 Old Washington Rd., Waldorf, MD 20601.  The Board did not receive a renewal application for their Class D – BWL (on/off sale) alcoholic beverage license.

Issues regarding renewal:

            1.         The application filed on behalf of Michael Wells, Jay Shah, Neil Amin, St. Charles Hotel Operating, LLC, t/a Hilton Garden Inn, 10385 O'Donnell Pl., Waldorf, MD 20603, evidences that the resident licensee no longer resides in Charles County.  An application for transfer has been filed and will be scheduled for a hearing on May 11.  Upon a motion duly made, seconded and unanimously carried, the Board approved a request for postponement of the expiration of this license for an additional period of 20 days, as provided for in AB Article §4-705, Ann Code of MD, in order for the licensee to comply with the residency requirements. 

            2.         On behalf of his clients World of Wings (WOW), Roger Lee Fink, Esquire, filed a request to withdraw the application for a transfer, to substitute Helen McMahon Adams for Kaleab Gizaw, as an officer of Kumar Gizaw Enterprises, LLC, t/a WOW Café & Wingery.  The Board approved this transfer with contingencies on January 12, 2017, and the applicant failed to file the final the remaining transfer documents.  Upon a motion duly made, seconded and unanimously carried, the pending transfer is withdrawn and shall revert back to the current licensees, Santosh Kumar, Tana Marie Hill, and Kaleab Gizaw, Kumar Gizaw Entrprises, LLC. 

            Finally, in regard to the final tally, the clerk advised that 176 (up from 175 last year) Renewal Applications were pending the Board’s approval.  128 applications are complete and in compliance with the Comptroller, Assessments, County Treasury and liquor board.  Upon a motion duly made, seconded and unanimously carried, the Board approved those 128 Applications with no outstanding issues for renewal. Upon a motion duly made, seconded and unanimously carried, the Board approved the remaining 48 applications contingent upon satisfaction of all outstanding items with either the Comptroller, Assessments & Taxation, Treasury, or the Board, before expiration of their current license, Midnight, April 30, 2017.  With the approval of all 176 license renewals, the clerk advised that she anticipates collecting approximately $198,400 in annual license fees, in addition to an approximate $8,400 in application and transfer fees for Fiscal Year 2017. 

            The clerk thanked the Board for another successful licensing year; the building security staff for announcing and directing visitors to our Office, the staff of the Treasury Division of FAS, for researching and certifying each and every application and collecting the annual license fees from the business owners; and Jesse Bungcayao and the staff of the Office of the County Attorney, for their contributions and assistance in making this another successful license renewal year. 

9.         William T. Sandy, Southern Maryland Marina, LLC, t/a Port Tobacco Marina, 7536 Shirley Blvd., Port Tobacco, Maryland 20677, appeared on January 12, 2017, and was approved for a transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license from Michael F. Mona, Port Tobacco Marina, Inc., t/a Port Tobacco Marina “… contingent upon settlement, and providing the Board with a copy of the new Health Permit, Use & Occupancy Permit, Md Sales Tax ID Certificate, and Workers’ Compensation certificate, as well as a copy of the new lease and deed, on or before March 31, 2017.”  Steve Scott, Esquire, personally appeared to answer any questions the Board had in regard to his letter dated April 4, 2017, setting forth the status of the impending transfer, and for reasons stated, requesting an extension to June 30, 2017 for settlement, AND permission to allow the applicants, William T, Sandy, Southern Maryland Marina, LLC, to “…to operate under the existing liquor license from on or about April 3, 2017, to no later than June 30, 2017.”

            In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the request for an extension until no later than June 30, 2017.  The Board further approved the request for transfer of management responsibility, in accordance with Board Rule No.:  2.116–4 which provides that “Transfer of the management responsibility and/or economic benefit associated with the establishment in question may not be made prior to the Board’s final approval of the transfer.  However, a prospective transferee(s) may work under the existing license for a period not exceeding thirty (30) days provided that the Board approves the arrangement in advance.”  The Board further reiterated that the current licensee, Michael Mona, Port Tobacco Marina, Inc., will continue to be responsible as the licensee until the transfer is complete. 

10.       The clerk shared written notification from Applebee’s Waldorf and La Plata of their change in hours of operation, to close at 1:00 a.m. Fri/Sat Nights, instead of Midnight.

11.       The clerk advised of notification from Planning and Growth Management and the Fire Marshal of Illegal Use of Building - 109 Post Office Rd., which unbeknownst to the Board has been operating without a Use & Occupancy Permit.  Applicants for temporary alcoholic beverage licenses have been approved for events at this premises in the past. 

12.       The clerk advised that MALA Conference registration/confirmation information will be emailed to each of the attendees.

13.       The clerk shared HB 1386 - State Ethics Commission Requirements for members and staff of each Board of License Commission. 

14.       The clerk reminded that local Ethics Commission financial disclosure forms are due April 30 and provided blank forms to those yet to file. 

15.       M/Cpl. Judith Thompson shared the Compliance Report for the month of March, indicating the following twenty-three of twenty-nine licensed establishments passed the compliance inspection:

  1. La Tolteca Restaurante Mexicano, La Plata
  2. Moreland’s Produce & Market, Waldorf
  3. La Tolteca Mexican Restaurant, Waldorf
  4. Silver Diner, Waldorf
  5. 228 Market, Waldorf
  6. Foster’s Grille, Waldorf
  7. Grille No. 13, Waldorf
  8. All American Steakhouse and Sports Theater, Waldorf
  9. Marie’s Restaurant, La Plata
  10. Red Robin, Waldorf
  11. Lady’s Liquors, La Plata  (Drive-in check)  (Recheck)
  12. Joe’s Groceries & Liquors, Pomfret  (Recheck)
  13. Kobe Japanese Grill, Waldorf  (Recheck)
  14. Pinefield Liquors, Waldorf  (Drive-in check)  (Recheck)
  15. Bryantown Store, Waldorf  (Recheck)
  16. The Liquor Store, Waldorf  (Drive-in check)  (Recheck)
  17. Asiana House of Subs, Waldorf  (Recheck)
  18. Chesapeake Wine Shoppe, Waldorf  (Recheck)
  19. Kaow Thai Restaurant, La Plata
  20. Bollywood Masala, La Plata
  21. Spoons BBQ, La Plata
  22. Ollie’s Bar & Grille, La Plata  (Drive-in check)
  23. Wayside Store, Newburg  (Recheck)

            With no further business, the meeting adjourned at 12:35 P.M.

                  _______________/s/_____________________

                                 Lisa Bailey, Clerk

 

 

Subsequent to the above meeting, on April 25, 2017, the clerk received an email from the licensee, Donald E. Byroads, Halfway Liquors & Bar, Inc., t/a Ollie’s Bar and Grille, 6970 Hawthorne Road, La Plata, Maryland, requesting that due to “[C]ircumstances beyond our control, I am requesting a thirty (30) day extension…” to pick up his approved 2017 alcoholic beverage license, as provided for by Alcoholic Beverages Article 4-705. The clerk forwarded the request to all 5 Board members and received approval via email from Pamela Smith, Thomasina Coates and Linda Warren. Permission was granted for the continuance for an additional 20 days, to close of business on Friday, May 19, and the clerk notified the licensee via email on Friday, April 208, 2017.