www.charlescountymd.gov

Charles County, Maryland

Minutrs

Minutes
Thursday, September 14, 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:  Thomasina Coates, Acting Chairman, Guy N. Black, Steve Lowe and Kathleen Quade.  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; and Melody Weschler, Clerk/Recording Secretary. 

Lisa Bailey, Clerk/Recording Secretary, swore in Kathleen Quade a new member of the Board.

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:

            Charles County Fraternal Order of Police Lodge #24 by John R. Elliott, President, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at White Plains Golf Course, from 7 a.m. to 5 p.m. on September 29, 2017, with approximately 120 people attending.

            La Plata Volunteer Fire Department, Inc., by Lynn Gilroy, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at the La Plata VFD Activity Hall, La Plata, Maryland from 7 p.m. to 2 a.m., with approximately 50-60 people attending:  October 28, 2017, November 18, 2017

            Waldorf Lions Club by Michel F. McGuigan, Jr., for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at the Charles County Fairgrounds on November 11, 2017, from 12 to 5 p.m., for a fundraiser for Waldorf Lions/Ducks Unlimited, with approximately 300-600 people attending. Approved contingent upon fire safety inspection by the Fire Marshal.

             Friends to Elect Bill Dotson by Michael Turner, Treasurer, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at the Holiday Inn, La Plata, Maryland on September 28 from 7 to 9 p.m., for a fundraiser for Bill Dotson, candidate for Maryland State Senate, with approximately 120 people attending.

            Spring Dell Center, Inc., by Donna Retzlatt, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at Spring Dell, 6040 Radio Station Road, La Plata, Maryland, on September 21, 2017 from 5:30 p.m. to 8:00 p.m., for a 50 Year Celebration, with approximately 300 people attending.  Approved contingent upon fire safety inspection by the Fire Marshal.

            Benedict Volunteer Fire Department and Rescue Squad, by Holly Newman, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at the firehouse, on September 23, 2017, from 1 to 10 p.m., for a fundraiser with approximately 50 people attending.  Approved contingent upon fire safety inspection by the Fire Marshal.

            College of Southern Maryland, by Shaunda Holt, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at Custom Kitchens and Baths, 6750 Crain Hwy, La Plata, Maryland, on three dates 6 – 8:30 p.m., with approximately 14 people attending:  September 28, 2017; October 19, 2017; October 26, 2017

            Society for the Restoration of Port Tobacco, by Jay Lilly, President, for a one day temporary alcoholic beverage license to sell/serve beer, wine and liquor at the Port Tobacco Historical Courthouse, from 6 to 10 p.m., for a fundraiser with approximately 100 people attending.

            Community Foundation of Southern Maryland/Chaney Bull Roast, by Rebekah Lare, Kyle Murray, Jeffrey Murray, Jeffrey Slagle, for a one day temporary alcoholic beverage license to sell/serve alcoholic beverage license to sell/serve beer only at 12235 Acton Lane, Waldorf, Maryland (outside), on October 7, 2017 from 1 p.m. to 4 p.m., with 500 people attending. Approved contingent upon fire safety inspection by the Fire Marshal.

 

Other Business/License Related:

Upon a motion duly made, seconded and unanimously carried, the Board approved the following request to redefine licensed premises, as presented:

            Paul Bales, Culinary Concepts, LLC, t/a Casey Jones, Sarah Payne and John Wimbrown appearing with a request to redefine Casey Jones licensed premises to include a defined outside area on Saturday, October 7, 2017, from 12 p.m. to 10 p.m. for the 4th Annual Roctoberfest 2017 Music Festival, in accordance with their written request and drawing dated August 10, 2017.  Proceeds will be donated to the Charles County Board of Education/Fine and Performing Arts Educational Program, with several hundred people in attendance.

 

Alcoholic Beverage License New/Transfer Applications:

            Debbie Ann Ruiz (100%), Radha Properties, LLC, t/a Nanjemoy County Store & Bar, 1979 Liverpool Point Road, Nanjemoy, Maryland 20662, for a transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license from Radha Chetry, Radha Properties, LLC, t/a Nanjemoy County Store & Bar, 1979 Liverpool Point Road, Nanjemoy, Maryland 20662.  David J. Martinez, Esq.  301/934-2444.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Debbie Ann Ruiz, Radha Properties, LLC, t/a Nanjemoy Country Store and Bar meets the requirements to hold an alcoholic beverage license with Ms. Ruiz holds 100% interest in the company.  Ms. Ruiz is identified as having lived in Charles County for 2 or more years.  The applicants further testified as to their anticipated hours of operation; that the new licensee intends to be involved in the day-to-day operation of the business and that they anticipate no change to the current operation of the business.  Upon consideration of the testimony and evidence presented, and upon a motion duly made by Mr. Black, seconded by Mr. Lowe and unanimously carried, the Board approved the transfer contingent upon receipt of the outstanding items listed below and payment of the appropriate transfer fee. The Board approved the license being held for 60 days for renovations to be completed.

-     New U&O if required after renovations.

            Melissa Gibson, Grady Beck, Potomac Family Dining Group, LLC, t/a Applebees’s, 3610 Crain Highway, Waldorf, Maryland 20602, for a transfer of the Class B/BLX (Luxury Rest) Beer, Wine & Liquor (on sale only) alcoholic beverage license from Melissa Gibson, Mark Kaiser, Potomac Family Dining Group, LLC, t/a Applebee’s, 3610 Crain Highway, Waldorf, Maryland 20602. Leanne Schrecengost, Esq. 410/823-1800.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Melissa Gibson and Grady Beck, Potomac Family Dining Group, LLC t/a Applebee’s meets the requirements to hold an alcoholic beverage license and Ms. Gibson is identified as having lived in Charles County for 2 or more years.  The applicants further testified as to their anticipated hours of operation; that the new licensee intends to be involved in the day-to-day operation of the business and that they anticipate no change to the current operation of the business.  Upon consideration of the testimony and evidence presented, and upon a motion duly made by Mr. Lowe, seconded by Mr. Black and unanimously carried, the Board approved the transfer contingent upon the payment of the appropriate transfer fee.

            Melissa Gibson, Grady Beck, Potomac Family Dining Group, LLC, t/a Applebees’s, 10 Shining Willow Way, La Plata, Maryland 20646, for a transfer of the Class B/BLX (Luxury Rest) Beer, Wine & Liquor (on sale only) alcoholic beverage license from Melissa Gibson, Mark Kaiser, Potomac Family Dining Group, LLC, t/a Applebees’s, 10 Shining Willow Way, La Plata, Maryland 20646. Leanne Schrecengost, Esq. 410/823-1800.  .Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Melissa Gibson and Grady Beck, Potomac Family Dining Group, LLC t/a Applebee’s meets the requirements to hold an alcoholic beverage license and Ms. Gibson is identified as having lived in Charles County for 2 or more years.  The applicants further testified as to their anticipated hours of operation; that the new licensee intends to be involved in the day-to-day operation of the business and that they anticipate no change to the current operation of the business.  Upon consideration of the testimony and evidence presented, and upon a motion duly made by Mr. Lowe, seconded by Mr. Black and unanimously carried, the Board approved the transfer contingent upon the payment of the appropriate transfer fee.

11:45 – 1:00 Lunch Break

Show Cause Hearings:

            Show Cause in the matter of the Class B/N (Nightclub) – Beer, Wine & Spirituous Liquors (on sale only) alcoholic beverage license issued to Sumit Gupta, Joseph Wisnewski, Waldorf Cigar Bar & Lounge, LLC, t/a Tinder Box, 2754 Crain Highway, Waldorf, Maryland 20601.  Counsel for the licensee, Hammad Matin, Esquire.  The licensees, Sumit Gupta, Joseph Wisnewski, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on June 16, 2017 at 6:32 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged server, Jasmin Mied Hough, 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 be suspended for three (3) days to be held in abeyance for three (3) years from the date of this hearing, contingent upon no further violations.  It was further ordered that a fine for the establishment in the amount of One Thousand, Two Hundred Dollars ($1,200.00), and a fine for the server, Jasmin Mied Hough, in the amount of Seventy-Five Dollars ($75.00). 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 Hector Flores, La Hacienda II, LLC, t/a La Hacienda II, 2796 Old Washington Road, Waldorf, Maryland 20601. Counsel for the licensee, Hammad Matin, Esquire.  The licensee, Hector Flores, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on June 13, 2017 at 1:59 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged server, Arisleyda Altagracia Spencer, 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 license be suspended for 3 days, all of which to be held in abeyance for 3 years from the date of the hearing.  The Board also ordered a fine for the establishment in the amount of One Thousand Dollars ($1,000.00), and a fine for the server, Arisleydaq Altagracia Spencer, in the amount of Twenty-Five Dollars ($25.00). 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 Walter Lee Nash, Margaret Hodo Nash, Lefty’s Barbeque Unlimited, Inc., t/a Lefty’s BBQ, 2064 Crain Highway, Waldorf, Maryland  20601. The licensees, Walter Lee Nash and Margaret Hodo Nash, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on April 14, 2017 at 8:03 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged servers, Charley Etana Hagans and Victor Richardo Fryer, 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 be suspended for five (5) days with (3) days suspension to 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 One Thousand, Five Hundred Dollars ($1,500.00).  It was further ordered that a fine for the server, Victor Richardo Fryer, in the amount of One Hundred Dollars ($100.00). There was no fine assessed for the server, Charley Etana Hagans. 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 A – Beer, Wine & Spirituous Liquors (off sale only) alcoholic beverage license issued to Sung Won Lee, Sung & Yong, LLC, t/a Berry Country Market, 7485 Bensville Road, Waldorf, Maryland  20603.  Counsel for the licensee, David J. Martinez, Esquire.  The licensee and server, Sung Won Lee, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on May 4, 2017 at 6:45 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  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 for three (3) days with (1) days suspension to 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 One Thousand, Five Hundred Dollars ($1,500.00).  The fine levied against the licensee 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 D – Beer, Wine & Spirituous Liquors (on & off sale only) alcoholic beverage license issued to Baldevbhal Ambalal Patel, Scott Francis Gordon, Drashti, Inc, t/a Bryans Road Liquors, 3105 Marshall Hall Road, Bryans Road, Maryland 20616..  Counsel for the licensee, David J. Martinez, Esquire.  The licensee, Baldevbhai Ambalal Patel, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverage service to an Approved Underage Person on April 20, 2017 at 1:02 PM, in violation of the Alcoholic Beverage Article § 6-304 of the Annotated Code of Maryland.  The alleged server, Muskula Reddy Sumanth, 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 be suspended for three (3) days with (1) days suspension to 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 One Thousand, Five Hundred Dollars ($1,500.00).  No fine for the server.  The fine levied against the licensee 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 A – Beer, Wine & Spirituous Liquors (off sale only) Package Goods alcoholic beverage license issued to Kunjan B. Patel, Agnes Marie Neal, Holiday Liquors, LLC t/a Holiday Liquors, 3395 Leonardtown Road, Waldorf, Maryland  20601.  Counsel for licensee, David J. Martinez, Esquire.  The licensee, Kunjan B. Patel, appeared and acknowledged receipt of the show cause order alleging the licensee to have kept and/or purchased alcoholic beverages from someone other than a licensed manufacturer or wholesaler, private bulk sale permit holder, or nonresident winery permit holder, on June 14, 2017, in violation of Alcoholic Beverage Article §6-311, of the Annotated Code of Maryland.  Upon consideration of the consent agreement presented by Elizabeth Theobalds, Deputy County Attorney, on behalf of the Alcohol Enforcement Officers, and Counsel for the Licensee, David Martinez, a motion was duly made, seconded, and unanimously carried, the Board ordered that a fine in the amount of One Thousand Dollars ($1,000.00).  The fine levied against the licensee must be paid to the Charles County Treasurer within fourteen (14) days from the date of the hearing.

Other Business:

Social @ 228  - Status Update

David Martinez, Esquire 

            ~ New license initially approved with contingencies on March, 2016, with an anticipated opening date of September, 2016 (incl. consent order for defined outside area);

            ~  October 13, 2016, Board approved an extension for the Use & Occupancy permit until December 31, 2016.  The applicant anticipated the opening of the restaurant only aspect of the business, without Entertainment due to ongoing issues involving the sprinkler system. 

            ~  Feb. 9, 2017:  Gregory A. McGowan, The Social @ 228, LLC, re-appeared at the request of the Board for an update of his efforts to build-out the premises;  Board extended their approval for an additional 90 days, anticipating that the license will be issued by the May 11, 2017 hearing date, or the applicants will reappear to offer the Board a further update.

            May 11, 2017 – 60 day extension granted to July hearing date.

            Mr. Martinez updated the Board on the progress of the work.  Mr. Martinez requested a 60 day extension.  Mr. Lowe made a motion to grant the extension, seconded by Mr. Black, all in favor.  The extension is granted until the November 9, 2017 meeting.

Double Eagle Tavern, David Martinez, Esquire

            Mr. Martinez, Double Eagle Tavern, requesting a 30 day extension until October for obtaining the U&O for the transfer. Transfer was approved on March 9, 2017 and was to provide the U&O within 120 days of March 9, 2017. After receiving information regarding the current remodel, Mr. Black made a motion to grant the extension, seconded by Mr. Lowe, all in favor.  The extension is granted until the October 12, 2017 meeting.

WOW Café

            The Clerk advised Board that WOW Café turned in the liquor license and are no longer in business.

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

                                                                                                                                                                                                                                               ___________________________________

Melody Weschler, Clerk