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Charles County, Maryland

Minutes

Minutes
Thursday, December 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, Chairman, Guy N. Black, Vice Chairman, Steve Lowe, Kathleen Quade, 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 Jessica Andritz; and Lisa Bailey, Clerk/Recording Secretary. 

            1.         Following a question and answer period as to the nature and specifics of each event, and upon a motion duly made, seconded and unanimously carried, the Board approved the following temporary alcoholic beverage license applications, as presented:

St. Paul’s Episcopal Church, by:  Phillip Hamilton, for a 1-day temporary alcoholic beverage license to sell/serve BWL inside the church hall on Jan 27, 2018 from 6-9 PM (snow date:  2/3), for their 26th annual silent auction fundraiser with approximately 150 people expected.

Charles County Democratic Central Committee (CCDCC), by Abena McAllister, for a 1-day temporary alcoholic beverage license to sell/serve BWL inside a private residence located at 10375 Faith Hope Place, White Plains, on December 21, from 6-11 pm for a fundraiser with approximately 50 people expected to attend.  Ms. McAllister was initially not present but the application was recalled and approved.

            With no one appearing on behalf of LaPlata Volunteer Fire Department, Inc., by:  Lynn D. Gilroy, for three (3) 1-day temporary alcoholic beverage license to sell/serve BWL inside the LaPlata VFD Activity Hall, on January 27, February 24, and March 31, 2018, each from 7 pm to 2 am, for Texas Hold’em Fundraisers, with approximately 50-60 people expected to attend, this matter will be rescheduled to the January hearing.

            2.         Associate County Attorney Jessica Andritz proposed amendments to Rules 2.102 and 2.113 of the Rules and Regulations of the Board of License Commissioners, which would provide for “…in the event that the Board determines that the record shall be held open for a period not to exceed twenty (20) days to receive written comments from the public, the comments shall be submitted and processed in accordance with Rule 2.102, supra…” and setting forth the procedure for presenting such written comments.  After discussion, the Board members failed to move to proceed with the proposed amendments.   

            3.         Elliott Jay Baum, Aaron Louis Baum, Scott M. Farren, Capital Blue Ribbon Restaurants, LLC, t/a Famous Dave’s, 3046 Waldorf Marketplace, Waldorf, Maryland  20603, appeared for a transfer of a Class B/BLX  (Luxury Restaurant) Beer, Wine & Liquor (on sale only) alcoholic beverage license from John P. Beckman, James Terry Lenchner, Scott M. Farren, Famous Dave's Ribs of Maryland, Inc., t/a Famous Dave's, 3046 Waldorf Market Place, Waldorf, MD 20603.  Counsel to the applicant was Linda Carter, Esquire.  In that this application remained incomplete, the Board approved a request from Ms. Carter to continue this matter to the following hearing to allow them to file the outstanding documents to reflect a complete package.

            4.         Melinda Townsend and Laura Lynn Forbes, SMD Workshops LLC, t/a AR Workshop La Plata, 317 Charles Street, La Plata, Maryland  20646, appeared for a new Class B/T (Tavern) Beer, Wine & Liquor (on sale only) alcoholic beverage license.  Counsel to the applicant was David Martinez, Esq. Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Ms. Townsend and Ms. Forbes each hold a 50% interest in SMD Workshops, LLC, and are identified as authorized/managing members of the LLC, with Ms. Townsend meeting the residency requirements.  The applicants testified as to their intent to offer a family friendly atmosphere with all employees being certified by an approved alcohol awareness trainer.  There will be no live music entertainment.  Their adopted business plan under a franchise agreement is to provide a space and atmosphere for “… DIY, hands-on, step-by-step instruction for creating charming home décor pieces and more.”  The applicants submitted a diagram of the interior of the proposed space, with seating up to 45 people, however they testified that they would like to keep that number limited to about 30 people at a time.  The applicants intend to be on site often with a manager on duty at all times.  They testified as to the anticipated hours of operation; that they will maintain a 100% ID check and a “No Vertical ID” policy; and that they will comply with all alcoholic beverage laws.  The Board also received testimony from Mr. Chuck Loscocco, who reiterated the Board’s comments as to responsible alcohol management.  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/T (Tavern) Beer, Wine & Liquor (on sale only) alcoholic beverage license.

            5.         Amarjit Suri, Royal Liquors, LLC, t/a Royal Liquors, at a location to be built in the 6th Election District at Shoppes at Piney Point, NE corner of Billingsley Road and Piney Church Road, Waldorf, Maryland, 20602, appeared for a transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license currently held by Tony Lee Graham, Terrance Andrew White, Michele Maureen Alley, NWTG, Inc., t/a The Prime Street Grille, 4680 Crain Highway, White Plains, Maryland  20695.  Counsel to the applicant was David J. Martinez, Esquire.  The applicant proceeded with direct and cross examination of the applicant and witnesses, Mark Mueller, a real estate broker/developer of commercial properties, and Sarabjit Suri, son of the applicant.  Testifying in opposition to the granting of the license were:  Carisha Bowen, Sandra Pierce, Lamar Henson, Shannon Henson, Calvin Pierce, Charles Dobson, and Steve Wise, Esq., on behalf of alcoholic beverage licensee Mr. Kavi, and the State Licensed Beverage Association; all in opposition to the granting of the license.  Upon consideration of the testimony and evidence presented, including questioning posed by members of the community, the Board members discussed their positions. Before a motion or vote was offered or considered, the applicant asked the Board to withdraw the application. With all members voting in favor, the applicant withdrew the application.   

            6.         Tony Lee Graham, Terrance Andrew White, Michele Maureen Alley, NWTG, Inc., t/a The Prime Street Grille, 4680 Crain Highway, White Plains, Maryland 20695, appeared for a new Class B/RB (Restaurant/Bar) alcoholic beverage license, with an outside service area.  This application was expressly conditioned on the Board’s approval of the transfer of their existing Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license to Amarjit Suri, Royal Liquors, LLC, at a location to be built in the 6th Election District at Shoppes at Piney Point, NE corner of Billingsley Road and Piney Church Road, Waldorf, Maryland.  Therefore, based upon the applicant’s withdrawal of the previous application, this application too was withdrawn by the applicant.

            7.         The clerk notified the Board that Victor Ricardo Flyer, the server in the matter of the Lefty’s BBQ Order from September 14, 2017 hearing, failed to pay $100 assessed fine.  In accordance with Rule and Regulations of the Board of License Commissioners, Rule 2.123.2.c.(I) states “If an employee of an alcoholic beverages licensee fails to comply with the written order of the Board of License Commissioners, the Board of License Commissioners shall recommend to the Alcohol Enforcement Officer/Coordinator that a criminal citation/ complaint be filed with the State’s Attorney for further criminal prosecution.”  M/Cpl. Judy Thompson advised that she had personally spoken with Mr. Flyer, who indicated that he would pay the fine by January 11, 2018.  Upon a motion made, seconded and unanimously carried, the Board approved the extension.

            8.  David Martinez, Esquire, appeared along with Gregory McGowan, to present the status of the progress at Social @ 228.  The new license was initially approved with contingencies on March, 2016, with an anticipated opening date of September, 2016 (including the consent order for defined outside area).  On October 13, 2016, the 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.  On February 9, 2017, Gregory A. McGowan appeared at the request of the Board for an update of his efforts to build-out the premises, and the Board extended their approval for an additional 90 days, with an anticipated opening date by May 11, 2017, or the applicants would reappear to offer the Board a further update.  On May 11, 2017, a 60-day extension was granted to the July, 2017 hearing date.  On September 14, 2017, a 60-day extension granted to November 9, 2017 meeting.  Upon consideration of the testimony presented by the applicant and Inspector Wayne Magoon as to the progress, and upon a motion duly made, seconded and unanimously carried, the Board approved a continuance to February 1, 2018. 

The Board adjourned for lunch at 1:50 P.M. and reconvened at 3:05 P.M.

            8.         Show Cause in the Matter of the Class D - Beer & Wine (on & off sale) alcoholic beverage license issued to George Kenneth Hayden, Jr., Aqualand Marina Operations, LLC, t/a AMO Ships Store, 9700 Orland Park Rd., Newburg, Maryland 20664, alleging service to an authorized underage person.  Kevin W. Smit, counsel on behalf of the licensee, acknowledged receipt of the Show Cause Order at least 10 days prior to the hearing, as did the alleged server/clerk, Ann Marie Racke.  Mr. Smit notified the Board of his client’s intention to contest the charges contained in the Show Cause Order.  Associate County Attorney Shanee Major-Kelly entered her appearance and together with Mr. Smit offered the Board a stipulated Statement of Facts.  The Board proceeded to ask Cpl. Yates to read the report into the record.  There was discussion as to the meaning of ‘stipulated facts’ and how procedurally the Board may continue.  Upon a motion duly made, seconded and unanimously carried, the Board moved to closed session to consult with legal counsel.  The Board reconvened, declined the stipulation, and proceeded to hear testimony, including testimony from the license holder, who ultimately withdrew his previously submitted resignation.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded, and unanimously carried, the Board found the licensee and server in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland, and ordered that the alcoholic beverage be suspended for 3 days, with all 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, it was further ordered that the licensee be fined $500; and that the server, Ann Marie Racke, be fined $25.00; each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 2 weeks of the date of the hearing. 

            9.         Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Penny Flanagan, Claude H. Humbert, Riverboat on the Potomac, Inc., t/a Riverboat on the Potomac, 301 Beach Terrace, Colonial Beach, VA 22443.  A request for continuance filed by Hammad Matin, Esquire, was approved until the next hearing date, January 11, 2018. 

            10.       Show Cause in the Matter of the Class B/T (Tavern) – Beer, wine & Liquor (on sale only) alcoholic beverage license issued to Malcom L. Hill, Innovative Security Concepts, LLC, t/a Invictus Cigars, 2068 Crain Highway, Waldorf, MD 20601.  A request for continuance filed by David Martinez, Esquire, was approved until the next hearing date, January 11, 2018. 

            11.       Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Derrick Antoni Neal, Kirit A. Patel, My Jimmie's Liquor, LLC t/a Jimmies Liquors, 6270 Brandywine Road, Hughesville, MD 20637.  A request for continuance, as well as notification that the licensee intends to contest the charges, was filed by David Martinez, Esquire, and approved by the Board until the next hearing date, January 11, 2018. 

            12.       Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Patricia A. Shymansky, t/a Shymansky's Marina, 16320 Cobb Island Road, Cobb Island, Maryland  20625.  A request for continuance, as well as notification that the licensee intends to contest the charges was filed by the licensee and approved by the Board until the next hearing date, January 11, 2018. 

            13.       The clerk shared notification from Alfred A. Jolliffe, Gilligan's Pier Restaurant, LLC, t/a Gilligan's Pier, 11535 Pope's Creek Rd, Newburg, MD 20664, in accordance with Alcoholic Beverages Article, §18-2202, that they will be closed for the season until March 15, 2018, with the exception of opening for one day only on February18, 2018.

            15.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of November 9, 2017.

            16.       M/Cpl. Judith Thompson presented her compliance report dated December 11, 2017, indicating three compliance checks were conducted with the following two licensees passing: Buddy’s Liquors, Indian Head; and Bonchon Waldorf, (both rechecks).

            17.       The Board removed the Administrative Session from the agenda and with no further business, and upon a motion duly made, seconded and unanimously carried, the meeting adjourned at approximately 4:30 P.M.

__________/s/_______________________

Lisa Bailey, Clerk