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Charles County, Maryland

Thursday, June 8, 2017 Minutes

Minutes
Thursday, June 8, 2017

                                                                                       Minutes – June 8, 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, 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.             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/St. Mary’s Baseball, by Cheryl A. Rice, for 6 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.             June 29 – July 8                   4.  August 12 – August 21

                2.             July 10 – July 19                  5.  September 6 – September 15

                3.             July 30 – August 8               6.  September 16 – September 25

College of Southern Maryland, by Kim Yellman, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on Thursday, June 29, 2017, from 5-7 p.m. in the Courtyard at the AD/BI Building, CSM (or BI 113 if raining), for a farewell reception for the President, with approximately 300 people expected to attend.

College of Southern Maryland, by Shaunda Holt, Kim Yellman, for five (5) 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on the following dates/locations, from 6:30-8:30 p.m., for the following classes with approx. 14 people expected to attend each class:

                7/12/17 @ CSM La Plata - CE Building, inside CE118 – For the Love of Chocolate

                7/20/17 @ Custom Kitchens & Baths, 6750 Crain Hwy – French   Connection

                7/27/17 @ CSM La Plata Campus, inside CE 119 – Sip and Paint

                8/10/17 @ Custom Kitchens and Baths, 6750 Crain Hwy – Evening in Paris

                8/31/17 @ Custom Kitchens & Baths, 6750 Crain Hwy – Italian Wines &  Appetizers

District of Columbia Air National Guard Top III Council, by Bruce Hedrick/Paul Dietrick, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only on August 14, 2017 from 8 a.m. to 2 p.m. at White Plains Golf Course for a fundraiser with 75 people expected to attend.

301 Derby Dames, by Amanda Foster, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on June 17, 2017 from 4-09 p.m. at the Charles County Fairgrounds for a sporting event fundraiser with approximately 250 people expected to attend.

Education Association of Charles County, By:  Linda McLaughlin, President, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only on September 1, 2017, from 2:30-8:00 p.m., at the Charles County Fairgrounds, for their annual Back to School Crabfeast with approx.. 450 people expected to attend.

Charles Regional Medical Center Foundation, Inc., by Holly Gonzalez and Susan Vogel, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on September 9 from 5-10 p.m., outside the Port Tobacco Courthouse, for their annual fundraiser with approximately 1100 people expected to attend.

St. Joseph’s Church by John Mitchell for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on October 22 from 2 to 5 p.m. at St. Joseph’s Church, Pomfret for a Bull & Oyster Roast fundraiser with 500-600 people expected to attend.

2.             ALCOHOLIC BEVERAGE LICENSE TRANSFER APPLICATIONS:

Dirk A. Montgomery, Claudia K. Levitas, and Donald S. Creelman, HOA Waldorf LLC, t/a Hooter’s, 3600 Crain Highway, Waldorf, Maryland 20602, appeared on June 8, 2017, for a transfer of the Class B/BLX (Luxury Rest) – Beer, Wine & Liquor (on sale only) alcoholic beverage license from Claudia K. Levitas and Donald S. Creelman, HOA Waldorf LLC, t/a Hooter’s, 3600 Crain Highway, Waldorf, Maryland 20602. Counsel to the applicants was Leanne Schrecengost, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Dirk A. Montgomery, Claudia K. Levitas, and Donald S. Creelman, HOA Waldorf LLC, meet the requirements to hold an alcoholic beverage license, with Mr. Montgomery holding a 20% interest in the limited liability company and being identified as an authorized person of the LLC, Ms. Levitas holding a 20% interest and being identified as an authorized person of the LLC, Mr. Creelman holding a 20% interest in the limited liability company and being identified as authorized member of the LLC, and having resided in Charles County for at least 2 years, and HOA Maryland Restaurant Holder, LLC holding a 40% interest in the limited liability company and being identified as the managing member of the LLC. The applicants further testified as to their anticipated hours of operation; that the new licensees intend to be involved in the day-to-day operation of the business; that they intend to have all employees within 30 days of hire to be certified by an approved alcohol beverage training course; that they will maintain a policy to card every guest; 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, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

Geeta R. Babaria and Susmita K. Parekh, My Bryantown Store, LLC, t/a Bryantown Store, 6435 Leonardtown Road, Bryantown, Maryland 20617, appeared on June 8, 2017, for a transfer of the Class D – Beer, Wine (on & off sale) & Liquor (off sale only) alcoholic beverage license from James Williams, My Bryantown Store, LLC, t/a Bryantown Store, 6435 Leonardtown Road, Bryantown, Maryland 20617.  Counsel to the applicants was David J. Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Geeta Babaria and Susmita Parekh, My Bryantown Store, LLC, meet the requirements to hold an alcoholic beverage license, with Geeta Babaria holding a 75% interest in the limited liability company, and Susmita Parekh holding a 25% interest and having resided in Charles County for at least 2 years, with both identified as authorized/managing members of the LLC, The applicants further testified as to their anticipated hours of operation; that the new licensees intend 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.  They also testified that they are aware of a prior violation from May, 2015 and July 2016 against My Bryantown Store, LLC, which constitutes as prior offenses, which will remain in abeyance for 3 years from the date of that hearing, and may be considered in any future violations/suspensions under these licensees, the corporate entity remains the same. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

11:35 – 11:50 Break

Heidi A. Fick and Felix A. Quicio, Ironsides Store, LLC, t/a Ironsides Store, 6130 Port Tobacco Road, Ironsides, Maryland 20643, appeared on June 8, 2017, for a transfer of the Class D – Beer, Wine (on & off sale) & Liquor (off sale only) alcoholic beverage license from Heidi Fick., t/a Ironsides Store, 6130 Port Tobacco Road, Ironsides, Maryland 20643.  Counsel to the applicants was David J. Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Heidi Fick and Felix Quicio, Ironsides Store, LLC, meet the requirements to hold an alcoholic beverage license, with Ms. Fick holding a 51% interest in the limited liability company and having resided in Charles County for at least 2 years, and Mr. Quicio holding a 49% interest, with both identified as authorized/managing members of the LLC, The applicants further testified as to their anticipated hours of operation; that the new licensees intend 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, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

Leon E. McClure, Jr., James Gyuras, Hawthorne County Club of Charles County, MD, Inc., t/a Hawthorne County Club, 8760 Hawthorne Road, La Plata, Maryland 20646, appeared on June 8, 2017, for a transfer and reclassification of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) to a Class C – Non Profit Club, Beer, Wine & Liquor (on sale only) alcoholic beverage license from Jennifer L. Stewart, Gary L. Vance, Zee Best Café Too, LLC, Zee Best Café, 8760 Hawthorne Road, La Plata, Maryland 20646.  Kerry Doss, Business Manager appeared before the Board.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Hawthorne County Club of Charles County, Maryland, Inc., is an equity owned company with 51 members.  The officers are Leon E. McClure, Jr., President; James Gyuras, Vice President, David Payne, Treasurer and Cheryl Windsor, Secretary.  The applicants further testified as to their anticipated hours of operation; that the new licensees intend to be involved in the day-to-day operation of the business. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

3.             REQUEST FOR OUTSIDE SERVICE AREA:

Joshua Linton Spooner, Hannah Jeannette McCuen, Little Spoon Enterprises LLC, t/a Spoon’s BBQ, 234 Rosewick Road, La Plata, Maryland 20646, appeared on June 8, 2017, to request a change in their Class B/RB (Restaurant/Bar) – Beer, Wine & Liquor (on sale only) alcoholic beverage license, to include a defined outside service area.  Counsel to the applicant was David J. Martinez, Esquire.  Testimony was presented by the applicant as to the specifications of a proposed outside service area which will consist of approximately 900 square feet.  Testimony was provided that the lease on the property authorizes outdoor seating area but prohibits the installation of any fencing around the outdoor area.  A plan was provided that showed the proposed area to include the use of planters and high-backed seating to restrict access to the proposed outdoor seating area.  Ingress and egress to this outside patio area would be solely through the restaurant.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the request for outside service contingent upon obtaining all necessary permits.

 Lisa Ann Shumaker, UNME, LLC, t/a Huntt’s Tavern, 6520 Bensville Road, Pomfret, Maryland 20675, appeared on June 8, 2017, to request a change in their Class D – Beer, Wine & Liquor (on & off sale) alcoholic beverage license with entertainment, to include a defined outside service area.  Counsel to the applicant was David J. Martinez, Esquire.  Testimony was presented by the applicant as to the specifications of the proposed outside service area which will consist of approximately 950 square feet.  Testimony and exhibits were given showing the existing area of the back of the tavern with the proposed area outlined.  The existing window would be removed and replaced with a steel door similar to the existing entrance door.  The existing white shed will be moved and the handicapped parking space is being moved to the front of the tavern.  The portion of the outdoor area that is not enclosed by the building will be enclosed with a 48” high black aluminum fence.  There will also be an alarmed gate for fire or emergency exit.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the request for outside service contingent upon obtaining all necessary permits.

4.             SHOW CAUSE HEARINGS:

Show Cause in the Matter of the Class B/N (Nightclub) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Sena H. Kim, Beer 4 U Inc., t/a Beer 4 U Sports Bar, 2172 Crain Highway, Waldorf, Maryland  20601.  David Martinez, Esq., was continued until July Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Jagdeep Singh, Indian Corporation, t/a Buddy's Liquors, 4611 Indian Head Highway, Indian Head, MD  20640, alleging a violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Licensee Jagdeep Singh appeared along with  David Martinez, Esquire, who on behalf of his clients, 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, Thomas Edward Kruczek, 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 four (4) days, which reflects the three (3) days held in abeyance (for the prior violation) and one (1) additional day (for the current violation), and holding two (2) additional days in abeyance (for the current violation), a fine for the establishment in the amount of Two Thousand Dollars ($2,000.00), and fine for the server, Thomas Edward Kruczek, in the amount of Two Hundred Dollars ($200.00).  The suspension is to begin at the opening of business on Monday, June 19, 2017 and end at close of business on Thursday, June 22, 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 June 23, 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.

                With no further business, the meeting adjourned at 2:03 p.m.

 

                                                                                                                Lisa Bailey, Clerk