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www.charlescountymd.gov

Charles County, Maryland

Minutes

Minutes
Thursday, February 14, 2013

            The following members of the Board were present: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, Thomasina Coates, Wayne Magoon, and William B. Young.  Also in attendance was Alcohol Enforcement Coordinator Master Cpl. Judith Thompson, 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, and special approval for a 1-day outside special exception, as follows:

1-day special exception to allow Gary Fick, Culinary Blue Dog, LLC, t/a Blue Dog Saloon, 7940 Port Tobacco Road, Port Tobacco, Maryland  20677, to allow their patrons to consume alcoholic beverages in a defined outside area on Sunday, March 17, 2013 for a St. Patrick’s Day party. 

Grace Lutheran Church & School, by Rebecca Hoffman & Karen Lile, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on March 9, 2013 from 7-11 p.m., at Family Life Center, Grace Lutheran Church, for a fundraiser/Wine & Cheese Social w/Silent Auction, with approx. 200 people expected to attend.

Pink Heart/Relay for Life of Charles County, by Tiffany Lybarger, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on March 2, 2013 from 8 pm to Midnight at Holiday Inn Express, La Plata, Banquet Room, for a fundraiser for the American Cancer Society, with approx. 100 people expected to attend.

            2.         Show Cause in the matter of the Class B - BWL (on sale only) alcoholic beverage license issued to Wayne Hartridge, Angela Delores Gray, Georgene Meyers Thompson, Mattawoman Restaurant, Inc., t/a Mattawoman Restaurant a/k/a Mattawoman Seafood, 5024 Hawthorne Road, Indian Head, Maryland  20640, alleging illegal service to a minor on or about November 30, 2012.  Counsel to the licensees was John F. Mudd, Esquire, who on behalf of the licensees, acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing, waived the reading of the Charges and Show Cause Order, and admitted to the allegation that the licensee served alcoholic beverages to a person under the age of twenty-one.  Also appearing was the alleged server, Takiya Shamika Gibson, who also admitted to the violation.  The licensee and server testified as to the mitigating circumstances of the sale, and the matters for the Board to take into consideration in determining any sanction. Testimony was presented by M/Cpl. Judith Thompson as to the contents of her police report and prior “passes” of compliance checks over the past several years. 

            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; that the licensees, Wayne Hartridge, Angela Delores Gray, Georgene Meyers Thompson, Mattawoman Restaurant, Inc., t/a Mattawoman Restaurant a/k/a Mattawoman Seafood, be fined $250.00; and that the licensee/server, Takiya Shamika Gibson, be fined $100.00; each 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.

            3.         Chong Yi Chen, Dongxing Chen, 228 Liquors Limited Liability Company, t/a Bunker Hill Inn, 9800 Bunker Hill Road, Waldorf, Maryland  20603, appeared for a transfer of a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license from Daniel R. Dixon, Bunker Hill Properties, Inc., t/a Bunker Hill Inn, 9800 Bunker Hill Road, Waldorf, Maryland  20603.  Counsel to the applicant was Justin Wilde, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that this transfer contemplates both Messers Chen serving as Managing Members of the LLC, with each holding a 20% interest in the limited liability company, and Chong Yi Chen serving as resident licensee.  The remaining stockholders are as follows:  Hsu Chen 20%, Mei Hong Zhuang 20%, and Sophia Chen 20%.  The applicants further testified that there was to be no change in the operation of the business, and that in addition to the family owned business members, they would maintain current employees, all of which are TAM certified.  Further the applicants testified that they would provide the Board with an updated floor plan once renovations are complete.  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 satisfaction of all outstanding issues with the Maryland Comptroller, and payment of the appropriate transfer fee.

            4.         Jeffrey S. Bagarus, Veronica E. Gutierrez, Double Trouble, Inc., t/a Ledo Pizza and Subs, 2956 Festival Way, Waldorf, Maryland  20601 for a transfer of the Class H – Beer & Wine (on sale only) alcoholic beverage license issued to Jeffrey Stephen Bagarus, Andrew C. Eyre, Double Trouble, Inc., t/a Ledo Pizza and Subs, 2956 Festival Way, 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 this transfer contemplates Veronica E. Gutierrez replacing Andrew C. Eyre as Secretary/Treasurer of Double Trouble, Inc., holding a 20% interest, and serving as the resident licensee.  No further changes were contemplated and no opposition to the amendment to this license was presented.  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 license fee.   

            5.         Show Cause in the matter of the Class B – BWL (on sale only) alcoholic beverage license issued to Beverly A. Howe, Howe, L.L.C., t/a Ape Hanger's Bar and Grill, 9100 Crain Highway, Bel Alton, Maryland  20611, alleging illegal service to a minor on December 15, 2012.  Counsel to the licensees was Edward Myer, III, Esquire, who on behalf of the licensee, acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing, waived the reading of the Charges and Show Cause Order, and admitted to the allegation that the licensee served alcoholic beverages to a person under the age of twenty-one.  Also appearing was the alleged server, Elizabeth Catherin Jacobsen, who also admitted to the violation.  The licensee and server testified as to the mitigating circumstances of the sale, and the matters for the Board to take into consideration in determining any sanction. Testimony was presented by M/Cpl. Judith Thompson as to the contents of her police report and prior “passes” of compliance checks over the past several years.  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, with 1 of the 3 days held in abeyance for three years, and the two day suspension to begin at opening of business on Tuesday, February 19, 2013 and conclude at close of business on Wednesday, February 20, 2013; and that Beverly A. Howe, Howe, LLC, be fined $1,000.00; and that the server, Elizabeth Catherin Jacobsen, be fined $25.00.

            6.         The clerk shared an update from John Mudd, Esq., regarding his clients Trail Head Tavern and their efforts to obtain their Use & Occupancy Permit prior to the March 14 deadline.

            7.         The clerk shared an e-mail from M/Cpl. Judith Thompson advising her discussion with a proposed “tenant” at the premises currently trading as t/a Secrets. 

            8.         The clerk shared an e-mail from Alcohol Inspector Greg Kiesel with regard to his discussion with an employee at the premises currently trading as Damon’s, i.e., that the premises is currently undergoing renovations and is open only 1-day a week for 5 hours.  It was further disclosed that the licensee is converting the Holiday Inn into an assisted care facility/senior housing, and that it is anticipated that the alcoholic beverage license would be utilized as a pub for the residents.  The Board suggested that the licensee appear at the renewal hearing to advise the Board as to his intentions for the alcoholic beverage license and whether or not the license will continue as an accommodation to the public.

            9.         Art Jolieff t/a Gilligan’s Pier notified the Board that they will reopen for 1-day only for their 23rd Annual Beach party February 17, 2013.  They will then close again until March 13, 2013, when they reopen for the season.

            10.       M/Cpl. Judith Thompson presented her monthly compliance report, which evidenced the following 9 out of 9 premises successfully passing a compliance check: 

1.         Bryantown Store                      6.         Mimi’s Cafe, Waldorf

2.         Big Mouth Club & Pkg Store    7.         TGI Friday’s, Waldorf

3.         Lefty’s Barbecue, Waldorf       8.         Boston Gourmet Pizza, Waldorf

4.         Napoli Pizzeria                        9.         Casey Jones, La Plata

5.         Ledo Pizza, Waldorf

            11.       Upon a motion duly made, seconded, and unanimously carried, the Board approved the Minutes of the January 10, 2013 hearing.

            12.       The Clerk provided a reminder that Renewal Applications will be mailed Thursday, February 28, 2013.  This year for the first time a .pdf fillable renewal form will be available on the County’s Board of License Commissioners webpage.  Instructions for download will be included in your application package. 

            13.       At 11:40 AM, upon a motion by Wayne Magoon, seconded by Burkey Boggs, and unanimously approved, the Board voted to close session in accordance with State Government Article §10-508(a)(12) to conduct or discuss an investigative proceeding on actual or possible criminal conduct. 

            14.  The Board reopened at Noon and with no further business, the meeting adjourned at 12:05 P.M.

___________/s/_________________________

Lisa Bailey, Clerk