Minutes | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

Minutes

Minutes
Thursday, September 13, 2012

                                                     Minutes – September 13, 2012

            The following members of the Board were present: Vice Chairman Burkey Boggs, Thomasina Coates and Wayne Magoon.  Also in attendance was Alcohol Enforcement Coordinator Master Cpl. Judith Harman, Alcohol Inspector Greg Kiesel, Associate County Attorney Matthew Clagett, and Lisa Bailey, Clerk/Recording Secretary.

The hearing took place at the County Commissioners' Meeting Room, Charles County Government Building, and proceeded with the hearing.

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

Charles County Chamber of Commerce, by Betsy Burian, Exec. Director, for three 1-day temporary alcoholic beverage licenses to sell Beer, Wine & Liquor on the following dates and locations, each from 5:30 to 7:30 p.m. with approx. 100 people expected to attend:

            October 4, 2012          College of Southern Maryland

            November 1, 2012      Ferguson Enterprise, 10720 DeMarr Road, White Plains

            December 6, 2012      PNC Bank, 304 Charles Street, La Plata

Piledrivers Local Union 2311, by Willy Grusholt, President, for a 1-day temporary alcoholic beverage license to sell Beer Only on September 27, 2012 from Noon – 5:00 P.M. at Gilbert Run Park, Brookside Pavilion, for a union picnic with approx. 250 people expected to attend. 

Community Foundation of Charles County, by Gretchen Hardman, also appearing was Sherri Santana, for a 1-day temporary alcoholic beverage license to sell Beer Only on October 20, 2012 from 1-4 p.m. at Chaney Enterprises, Waldorf Mix Plant – 12165 Acton Lane, for Chaney’s Back Yard Bull Roast fundraiser, with approx. 800 people expected to attend.

Society for the Friends of Hospice, by Sarah Swann.  Appearing on behalf of the applicant was Tracy Messick for a 2-day temporary alcoholic beverage license to sell Beer, Wine & Liquor on October 13th from Noon to 7 p.m. and on October 14, from noon to 5 p.m., at Charles County Fairgrounds for Oktoberfest with approx. 1,000 to 2,000 people expected to attend.

Indian Head VFD & RS, by:  Larry Johnson, Treasurer.  Appearing on behalf of the applicant was Richard Bowie, for 3 – temporary alcoholic beverage license to sell Beer, Wine & Liquor from 6p.m. to 2 a.m., on October 12, November 23, and December 14, inside Indian Head Fire Department, for Texas Hold’em Tournament fundraiser with 40+ people expected to attend each event.

Indian Head VFD & RS, Ladies Auxiliary by:  Larry Johnson, Treasurer, for a temporary alcoholic beverage license to sell Beer, Wine & Liquor from Noon to Midnight on September 29, 2012, at Village Green Pavilion, for Henry E. Lackey High School Reunion with approx. 500 people expected to attend.

Nanjemoy Volunteer Fire Department, by Kelly F. Crouse.  Appearing on behalf of the applicant was Doug Campbell, for a temporary alcoholic beverage license to sell Beer Only from 4:00 to 7:00 P.M. on October 20, 2012, inside and outside in a designated space, of the Nanjemoy Volunteer Fire Department, for their Annual Shrimp Feast fundraiser with approximately 350 people expected to attend.

Vestry of Piney Parish, by:  Phil Hamilton, for a temporary alcoholic beverage license to serve Beer, Wine, Liquor, from 9 a.m. to 3 p.m. on October 5, 2012 (rain date 10/12) at White Plains Golf, for a fundraiser with 80-120 people expected to attend.

            2.         Maribel Alamillo, Lesley Lehner, Anthony Flerlage, Chuck E. Cheese of Waldorf, Inc., t/a Chuck E. Cheese’s, 3241 Plaza Way, Waldorf, Maryland 20603, for a new Class B – Beer Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license.  At the request of the applicant this matter was continued to the next hearing date, September 13, 2012. Counsel to the applicant was John F. Mudd, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that Chuck E. Cheese of Waldorf, Inc., previously held a Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license at a different location for approximately 20 years and did not renew that license do to the pending move to this new location.  Anthony Flerlage serves as the resident licensee.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the new Class B – Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license. 

            3.         The Board approved the resignation of Mohammad Shafiq from Seven Brothers, Inc., t/a Plaza Liquors, 3215 Crain Highway, Waldorf, Maryland  20601, leaving Robina Basharat as the sole officer/ stockholder of Seven Brothers, Inc., and the sole alcoholic beverage licensee.  Appearing on behalf of his client was David Martinez, Esquire.

            4.         Mohammad Shafiq, Jinnh, Inc., t/a Acton Liquor Store, 11870 Acton Lane, Waldorf, Maryland 20601, for a transfer of a Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license from Mohammad Basharat, Jinnh, Inc., t/a Acton Liquor Store, 11870 Acton Lane, Waldorf, Maryland 20601.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that Mohammad Shafiq has resigned as a licensee, officer and stockholder of Seven Brothers, Inc., and is now the sole officer and shareholder in Jinnh, Inc., and meets the residency requirements.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer of the Class A – Beer, Wine & Liquor (off sale only) alcoholic beverage license as presented, contingent upon a satisfactory FBI/CJIS criminal history along with the $200 transfer fee.

            5.         Charanjit K. Singh, Robert D. Ryan, Three Nines, Inc., t/a Willett’s Discount Liquor & Deli, 10573 Theodore Green Blvd., White Plains, Maryland  20695, for a transfer of a Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license from Manjit Kaur Kullar, Robert D. Ryan, Gosal, Inc., Willett's Discount Liquor & Deli, 10573 Theodore Green Blvd., White Plains, Maryland  20695. Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that Charanjit K. Singh serves as President/Secretary and holds an 80% interest in Three Nines, Inc.; and Robert D. Ryan serves as Vice President, holds a 20% interest in Three Nines, Inc., and serves as resident licensee.  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 the applicant filing a Credit rating for Mr. Ryan, a Use & Occupancy permit, and proof of satisfaction of all outstanding Maryland Sales & Use and Withholding Tax from Gosal, Inc., along with the appropriate transfer fee. 

            6.         Show Cause in the Matter of the Class A – BWL (off sale only) alcoholic beverage license issued to Sheena Marie Breiner, Holiday Liquors, Inc., t/a Holiday Liquors, 3385 Leonardtown Road, Waldorf, Maryland  20601.  Counsel to the licensee was Hammad Matin, Esq., who on behalf of his client acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation contained in the Show Cause Order.  Also appearing on behalf of the licensee was her business manager Jim Breiner, and the server/clerk – Peter Michael Reshetar.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report.  Further testimony was presented by the licensee, Peter Michael Reshetar, and Jim Breiner, as to the circumstances involving this sale, their training policies, and prior “passes” of compliance checks over the past several years.  In consideration of the testimony and evidence presented, the Board ordered that the alcoholic beverage license be suspended for a period of 3 days, all of which are to be held in abeyance for three years; that the licensee, Sheena Marie Breiner, Holiday Liquors, Inc., be fined Two Hundred Fifty Dollars ($250.00); and that the licensee/server, Peter Michael Reshetar, be fined One Hundred Fifty Dollars ($150.00); each fine made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days of the date of the written Order. 

            In addition, Commissioner Magoon stated that he would like it publically known that his contemplation of the amount of a fine for servers is greater if the evidence presented reflects that the licensee/owners have done their due diligence in training their employees in responsible alcohol management.  The remaining members concurred with Mr. Magoon. 

            7.         Show Cause in the Matter of the Class D – BWL (on/off sale) alcoholic beverage license issued to Virginia Ann Crane, Dr. Vincent J. Bonini, Bonini Enterprises, Ltd., t/a Big B Liquors, 7099 Indian Head Highway, Bryans Road, Maryland  20616.  Licensee Virginia Ann Crane appeared and was represented by Hammad Matin, Esq., who on behalf of his client acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation contained in the Show Cause Order.  Also appearing in the audience in support of the licensee were 14 employees.  The server/clerk Lisa Jean Pullis previously appeared and her portion of the case was adjudicated before the Board on July 12, 2012.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report.  Further testimony was presented by the licensee as to the circumstances involving this sale, their training policies, and prior “passes” of compliance checks over the past several years. This matter is considered a subsequent offense to a prior violation adjudicated before the Board in September, 2010, wherein a two day suspension is currently being held in abeyance.  In 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 a period of 5 days, all of which are to be held in abeyance for three years; that the licensees be fined One Thousand Dollars ($1,000.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days of the Board’s Order.

8.         Show Cause in the Matter of the Class B - BWL (on sale only) BLX Luxury Restaurant alcoholic beverage license issued to Christopher A. Ramsey, Philip M. Goodenough, Georgios I. Markomanolakis, BWW Waldorf, LLC, t/a Buffalo Wild Wings Grill & Bar, 11215 Mall Circle Drive, Waldorf, Maryland  20603. Licensee Philip M. Goodenough appeared and was represented by Linda Carter, Esq., who on behalf of her client acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation contained in the Show Cause Order.  The alleged server/clerk, Vernon Jerome Craig, failed to appear.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report.  Further testimony and evidence was presented by the licensee as to the circumstances involving this sale and their training policies.  In 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 a period of 3 days, all of which are to be held in abeyance for three years; and that the licensee(s) be fined Two Hundred Fifty Dollars ($250.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days of date of the Order. The Board further advised that the Alcohol Enforcement Officer consider filing a Statement of Charges with the Charles County State’s Attorney in regard to the allegations against the server, Vernon Jerome Craig.

9.        Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Louis J. Cooper, Frederick L. Johnson, Kitt Harrison, t/a American Legion Post 170, Randolph Furey Post Home, 4345 Livingston Road, Indian Head, Maryland  20640, alleging that the licensees allowed numerous persons to possess open containers of alcoholic beverages which were not purchased from the said license holder, and to consume alcoholic beverages on the open grassy field to the rear of the licensed premises, in violation of Article 2B, Section 12-107(b)(2), and of the Board of License Commissioners for Charles County, Rule 3.108.  The licensees appeared and acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation contained in the Show Cause Order. Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report.  Further testimony was presented by the licensees as to the circumstances involved in the violation.  In consideration of the testimony and evidence presented, the Board ordered that the alcoholic beverage license be suspended for a period of 3 days, all of which are to be held in abeyance for three years.  The Board further advised that the licensees appear before the Board to obtain prior approval for any outside special events, and to consider making application for a Class C – Beer, Wine & Liquor (on sale only) Non-Profit Club alcoholic beverage license which would allow “...on-premises consumption of alcoholic beverages in the clubhouse or on property that is directly contiguous to the clubhouse, is owned by the club or bona fide nonprofit organization, and is used exclusively by the members and their guests for social functions or business of the club or organization.”  

            10.        The Board approved the written request from Gary Fick t/a Blue Dog Saloon for two (2) 1-day outside special exceptions to allow their patrons to serve/consume alcoholic beverages outside in a defined area of the licensed premises on Sunday, October 7, for a fundraiser for the Children’s Aid Society (beer truck); and on Sunday, October 31, for a fundraiser/benefit of Lisa Joson (beer truck). 

            11.       The Board accepted the Minutes of a Special Meeting of Culinary Blue Dog LLC, evidencing Heidi Fick transferring her ownership in the LLC to the remaining Managing Member, Gary Fick, who is to be the sole owner of Culinary Blue Dog, LLC t/a Blue Dog Saloon. 

            12.       The Board acknowledged receipt of a letter dated August 14, 2012 from Stephen H. Scott, Esq. on behalf of his client JSB Apartments, LLC, withdrawing their objection “based on representations made on behalf of Big Mouth Club...”  for the outside service area.

            13.       The Board approved the amended Temporary Alcoholic Beverage License application – fillable .pdf form with one correction.

            14.       Upon a motion duly made, seconded and unanimously carried, the Minutes of the August 9, 2012 hearing were approved as submitted.

            15.       M/Cpl. Judith Harman presented her Compliance Check Report evidencing the following 14 out of 15 premises which passed a compliance check:

  1. Nick's of Clinton, Waldorf
  2. Village Liquors, Waldorf
  3. LaTolteccaMexicanRest, Wal
  4. Joe’s Noodle House, Wal
  5. Swan Point Yacht Club
  6. The Rivah, Cobb Island
  7. The Prime Street Grille
  8. Martini’s, White Plains
  9. Waldorf Moose Lodge 1709
  10. Centerplate-RegencyStadium
  11. Brasas Rotisserie Chicken
  12. Goldmine Saloon, Waldorf
  13. Babe’s Boys Tavern, Waldorf
  14. Memories, Waldorf

            16.       The Board approved the Hours of Operation for Port Tobacco Marina to include Monday evening for Monday Night Football game. 

            17.       At 1:25 PM, upon a motion duly made by Mr. Magoon, seconded by Ms. Coates, and unanimously carried, the Board moved to close the meeting in accordance with State Government Article §10-508(a)(7) to consult with counsel to obtain legal advice on a legal matter.

            18.       At 1:45 PM the Board reconvened in open session and agreed to move forward with a legislative proposal to amend Article 2B, §11-509 as follows:

 

Re Hours of Sale

(b)         Other restrictions.  – It is unlawful for any licensee, his agent or employee, to sell any alcoholic beverages on any day between the hours of 2 o’clock a.m. and 6 o’clock a..m. and that part of any premises where alcoholic beverages are sold or displayed shall be open only during the hours of sale for alcoholic beverages set out in subsection (a) of this section EXCEPT AS PROVIDED FOR IN §11-509(b)ii.  In the case of any on-sale class of license, all bottles and containers must be removed from the table on or bfore the hours of closing indicated in subsection (a) of this section.  It is unlawful to sell any alcoholic beverages between midnight, Sunday and 6 o’clock a.m. Monday.

(b)(ii)   UPON APPLICATION AND APPROVAL BY THE BOARD OF LICENSE COMMISSINERS, A LICENSEE MAY BE GRANTED SPECIAL PERMISSION TO OPEN AS EARLY AS 5 O’CLOCK A.M. TO SELL ITEMS OTHER THAN ALCOHOLIC BEVERAGES.

With no further business, the meeting adjourned at 1:55 PM.

 

____________________________________

Lisa Bailey, Clerk