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Charles County, Maryland

Minutes - August 10, 2017

Minutes
Thursday, August 10, 2017

    

Minutes – August 10, 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, Linda Warren and Steve Lowe.  Also appearing in support of the Board were M/Cpl. Judith

Thompson, Alcohol Enforcement Coordinator; Wayne Magoon, Alcohol Enforcement Inspector; Associate County Attorney Jessica S.B. Andritz; Jesse Bungcayao and Melody Weschler, Clerk/Recording Secretary. 

 

 

1.         TEMPORARY ALCOHOLIC BEVERAGE LICENSE APPLICATIONS:

 

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 2 temporary alcoholic beverage licenses to sell/serve Beer, Wine, and Liquor at La Plata Volunteer Fire Department, beginning at 7 p.m. - 2 a.m., for Texas Holdem Tournaments with 75-100 people on two occasions.

                        August 26, 2017

                        September 30, 2017

 

            Loyal Order of Moose #1712, t/a Moose Lodge – Indian Head #1712, by John E. Carlson, Sr., Administrator, for a one day temporary alcoholic beverage license to sell/serve beer only at Indian Head Village Green Pavilion for a fundraiser on September 30, 2017, from 12:30 p.m. to 7:30 p.m. with 500 people attending. 

 

            Clinton American Legion Post 259, Inc., by Ron Dickens, for a one day temporary alcoholic beverage license to sell/serve beer only at White Plains Golf Course for a fundraiser on September 13, 2017, 8 a.m. to 3 p.m., with approximately 120 people attending.

 

            301 Derby Dames, by Amanda Foster, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at Charles County Fairgrounds for a fundraiser on three occasions with approximately 250 people attending.

                        August 26, 2017, 4 - 9 p.m.

                        October 28, 2017, 4 - 9 p.m.

                        November 18, 2017, 4 – 9 p.m.

 

            Rotary Club of Charles County, by Chelsea Brown, Dave Gehris, presenting/appearing for a one day temporary alcoholic beverage license to sell/serve beer at the Charles County Fairgrounds for a fundraiser on October 1, 2017 from 12 to 6 p.m., with approximately 1,000 people attending.  Mr. Lowe made a motion to approve, no second was received.  The Board discussed the motion.  Mr. Lowe renewed his motion to approve, seconded by Mr. Black, unanimously carried.

 

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

 

            Veterans and Athletes United Inc., by James Howard, President, for a one day temporary alcoholic beverage license to sell/serve beer only at the Wicomico Motor Sports Park, Charlotte Hall, Maryland for a fundraiser on August 19, 2017, 9 a.m. to 5 p.m., with approximately 700 people attending.

 

 

            Team Maryland, by Christopher Simmons, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor in the parking lot of the Tinder Box, Waldorf, Maryland for a fundraiser on August 26, 2017, 4 p.m. to 1 a.m., with approximately 110-124 people attending.

 

10:45 – 11:00 Break

 

Ms. Smith reconvened at 11:00 a.m.

 

 

NEW LICENSE

 

Malcolm L. Hill, Innovative Security Concepts, LLC, t/a Invictus Cigars, 2068 Crain Highway, Waldorf, Maryland  20601,  request for a new Class B/T (Tavern) Beer, Wine & Liquor (on sale only) alcoholic beverage license with Entertainment, represented by David J. Martinez, Esquire was continued from the July 13, 2017 hearing. All witnesses were sworn in to testify. Jerome Spencer, General Counsel for the Charles County Sheriff’s Office spoke to the Board regarding the opposition testimony that Master Corporal Thompson and Mr. Magoon provide the Board at the last hearing.  Mr. Spencer clarified the position or lack of position of the Sheriff’s Office in regards to this matter before the Board.  He stated that the Sheriff’s Office has no position and no role with regards to the granting of the license to Invictus Cigars. And that it is the responsibility of Master Corporal Thompson as Alcohol Enforcement Officer to present all information to the Board for their consideration.  Testimony was received from several persons, who testified that Mr. Hill being a fit and proper person to hold a liquor license. 

 

            Ms. Coates made a motion for the Board to go into closed session to consult with counsel to obtain legal advice on a legal matter pursuant to General Provisions Article, §3-305(b)(7), seconded by Mr. Black, all in favor.

 

11:58 -12:20 Closed Session

 

Ms. Smith reconvened at 12:20 p.m. 

 

Malcolm L. Hill, Innovative Security Concepts, LLC, t/a Invictus Cigars

David J. Martines, Esquire

The Board received testimony from Malcolm L. Hill.   Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried the Board approved the issuance of a new Class B/T (Tavern) Beer, Wine & Liquor (on sale only) alcoholic beverage license to Malcolm L. Hill, Innovative Security Concepts, LLC, t/a Invictus Cigars, 2068 Crain Highway, Waldorf, Maryland  2060.  Entertainment was not approved and Mr. Hill was advised that he would have to submit the appropriate request and appear before the Board to obtain entertainment in the future after obtaining the appropriate U&O Permit. 

 

 

 

12:50 – 1:30 Lunch Break

 

            Ms. Smith placed the Board back in session. 

 

SHOW CAUSE HEARINGS:

 

            Show Cause in the Matter of the Class B/RB (Restaurant/Bar) – Beer, Wine & Spirituous Liquors (on sale only) alcoholic beverage license issued to Nancy Dale Rice, Waterbillies, Inc., t/a The Scuttlebutt, 12320 Neale Sound Drive, Cobb Island, Maryland  20625.  The Licensee, Nancy Dale Rice, appeared acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on May 5, 2017 at 6:13 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged server, Deanna Monet McConnell, also appeared and also appeared and acknowledged receipt of the show cause order and admitted to the violation. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board ordered that the alcoholic beverage license three (3) days suspension be held in abeyance for three (3) years from the date of this hearing, contingent upon no further violations and  a fine for the establishment in the amount of Seven Hundred and Fifty Dollars ($750.00), and fine for the server, Deanna Monet McConnell, in the amount of One Hundred Dollars ($100.00). Regarding the fines that were levied, the fine levied against the licensee and the server must be paid to the Charles County Treasurer within fourteen (14) days from the date of the hearing.

 

            Show Cause in the Matter of the Class B/RB (Restaurant/Bar) – Beer, Wine & Spirituous Liquors (on sale only) alcoholic beverage license issued to James William Day and Graham Michael Day, Red Oak Bistro, LLC, t/a Red Oak Bistro, 6390 Crain Highway, La Plata, Maryland 20646.  The Licensee, James William Day, appeared acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on May 4, 2017 at 6:13 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged server, Juanita Marie Guerra, also appeared and also appeared and acknowledged receipt of the show cause order and admitted to the violation. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board ordered that the alcoholic beverage license three (3) days suspension be held in abeyance for three (3) years from the date of this hearing, contingent upon no further violations and a fine for the establishment in the amount of Seven Hundred and Fifty Dollars ($750.00) to be paid to the Charles County Treasurer within 14 days of this hearing, and fine for the server, Deanna Monet McConnell, in the amount of Fifty Dollars ($50.00). Regarding the fines that were levied, the fine levied against the licensee and the server must be paid to the Charles County Treasurer within thirty (30) days from the date of the hearing.

 

.           Show Cause in the Matter of the Class D, Beer, Wine & Spirituous Liquors (on & off sale) alcoholic beverage license issued to William C. DeStacy, Alice D. DeStacy and Bruce Lee Atkinson, Goldmine Saloon, Inc., t/a Goldmine Saloon, 3090 Old Washington Road, Waldorf, Maryland 20604.  The Licensee, William C. DeStacy, appeared  and acknowledged receipt of the show cause order and admitted to providing alcoholic beverages service to an Approved Underage Person on February 23, 2017 at 1:59 p.m., in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  The alleged server, Tanya Lee Lavoie, also appeared and acknowledged receipt of the show cause order and admitted to the violation. The Board took under consideration that the establishment had a prior violation in August, 2016 with 3 days held in abeyance.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board ordered that the alcoholic beverage license be suspended and closure of the establishment for one (1) day and holding two (2) days in abeyance for three years from the date of this hearing, contingent upon no further violations and a fine for the establishment in the amount of One Thousand, Five Hundred Dollars ($1,500.00), and fine for the server, Tanya Lee Lavoie, in the amount of One Hundred Dollars ($100.00).  The Licensee waived the 10 day notice and the suspension is to begin at the opening of business on Tuesday, August 14, 2017 and end at close of business on Tuesday, August 14, 2017.  Regarding the fines that were levied, the fine levied against the licensee must be paid to the Charles County Treasurer prior to the reinstatement of the license but no later than August 15, 2017, and the fine levied against the server must be paid to the Charles County Treasurer within fourteen (14) days from the date of the hearing.

 

            Show Cause in the Matter of the Class B/RB (Restaurant/Bar) – Beer, Wine & Spirituous Liquors (on sale only) alcoholic beverage license issued to Hector Flores, La Hacienda II, LLC, t/a La Hacienda II, 2796 Old Washington Road, Waldorf, Maryland 20601 was continued until September 14, 2017.

 

            Show Cause in the matter of Class B – Beer, Wine &Spirituous Liquors (on sale only) alcoholic beverage license issued to Steve Durik-Ha, Waldorf Sakura, Inc., t/a Sakura Japanese Steak & Seafood House, 305 Plaza Way, Waldorf, Maryland  20603.  The Licensee, Steve Durik-Ha, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverages service to an Approved Underage Person on June 13, 2017 at 11:56 a.m., in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  The alleged server, Fe Ancheta Breiner, also appeared and acknowledged receipt of the show cause order and admitted to the violation. The Board took under consideration that the establishment had a prior violation in August, 2016 with 3 days held in abeyance.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board ordered that the alcoholic beverage license be suspended and closure of the establishment for two (2) days and holding one (1) day in abeyance for three years from the date of this hearing, contingent upon no further violations and a fine for the establishment in the amount of Two Thousand Hundred Dollars ($2,000.00), and fine for the server, Fe Ancheta Breiner, in the amount of One Hundred Dollars ($100.00).  The Licensee waived the 10 day notice and the suspension is to begin at the opening of business on Tuesday, August 14, 2017 and end at close of business on Wednesday, August 15, 2017.  Regarding the fines that were levied, the fine levied against the licensee must be paid to the Charles County Treasurer prior to the reinstatement of the license but no later than August 16, 2017, and the fine levied against the server must be paid to the Charles County Treasurer within thirty (30) days from the date of the hearing.

 

 

            Show Cause in the matter of Class H – Beer & Wine (on sale only) alcoholic beverage license issued to Cynthia Lynn Skaltsis, Franco-Todd Enterprises, Inc., t/a Napoli Pizzeria, Acton Square, 2728 Crain Highway, Waldorf, Maryland 20601. The Licensee, Cynthia Lynn Skaltsis, appeared acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on May 25, 2017 at 2:23 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged server, Brenda Joyce Stanford, also appeared and also appeared and acknowledged receipt of the show cause order and admitted to the violation. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board ordered that the alcoholic beverage license three (3) days suspension be held in abeyance for three (3) years from the date of this hearing, contingent upon no further violations and  a fine for the establishment in the amount of Seven Hundred and Fifty Dollars ($750.00), and fine for the server, Brenda Joyce Stanford, in the amount of Fifty Dollars ($50.00). Regarding the fines that were levied, the fine levied against the licensee and the server must be paid to the Charles County Treasurer within fourteen (14) days from the date of the hearing.

 

 

Other Business*

 

Approval of Minutes – June 8, 2017, July 13, 2017

 

 

The meeting was adjourned at 2:15 p.m.

 

 

 

 

                                                                                    Melody Weschler, Clerk