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Charles County, Maryland

Minutes

Minutes
Thursday, March 8, 2018

 

            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, Linda Warren, and Kathleen Quade.  Also appearing in support of the Board were M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator; Alcohol Enforcement Inspector Wayne Magoon; 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:

La Plata Volunteer Fire Department, by Lynn D. Gilroy, for two (2) 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor at the La Plata VFD Activity Hall on April 28, 2018 and May 19, 2018, from 7 P.M. to 2 A.M., for Texas Hold’em Tournaments with 50-60 people expected to attend each event.

College of Southern Maryland, by Shaunda Holt, for four (4) 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor at the following locations/dates, each event from 6:30-8:30 P.M., for classes with maximum 20 students to attend:

            3/21     inside Room CE119 CSM LaPlata Campus – For the Love of Chocolate        5/05     inside Custom Kitchens and Baths, LaPlata – Girls Night Out So. Style

            4/12     inside Custom Kitchens and Baths, LaPlata – Girls Night Out French 5/17     inside Custom Kitchens and Baths, LaPlata – Evening in Paris /Classics

John Trotter Robert Stethem VFW Post 8810, by George A. Grimes.  Appearing on behalf of the applicant was Debbie Dudek, Sr. Commander, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor outside at the Fun Haven golf course on April 27 from 7 AM to 1 PM for a fundraiser with approximately 80 people expected to attend.

 

            2.         Jennifer Rote, Gregory J. Cusick, T.G.I. Friday’s of Charles County, Inc., t/a T.G.I. Friday’s, 2990 Waldorf Marketplace, Waldorf, Maryland 20603, appeared for a substitution of officer on their Class B/BLX (Luxury Restaurant) Beer, Wine & Liquor (on sale only) alcoholic beverage license from Kathryn M. Kotel, Gregory J. Cusick, T.G.I. Friday's of Charles County, Inc., t/a T.G.I. Friday's, 2990 Waldorf Market Place, Waldorf, Maryland 20603.  Counsel to the applicant was Leanne Schrecengost, Esq.  Testimony was presented by applicant Jennifer Rote pertaining to the facts contained in the application which evidences, among other things, that Ms. Rote will replace Kathryn M. Kotel as an authorized person on the alcoholic beverage license, that she is a United States citizen, registered voter, and serves as President and Treasurer, and serves as Chief Counsel to T.G.I. Friday’s, Inc., out of their corporate office located in Texas.  Also appearing and testifying in support of the application was Lucrecia Arrington, the General Manager of the local licensed premises.  The applicants do not anticipate any changes to the operation of the licensed premises, including the prohibition of outside music, and look forward to maintaining their family friendly culture at the restaurant.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the substitution of officers approved as presented, contingent upon payment of the appropriate transfer fee. 

            3.         Elizabeth M. Donegan, Michael L. Kaplan, Terry D. Harryman, Red Robin of Charles County, Inc., t/a Red Robin America’s Gormet Burgers & Spirits, 3072 Waldorf Market Place, Waldorf, MD 20603, appeared for a substitution of officer on the Class B/BLX (Luxury Restaurant) Beer, Wine & Liquor (on sale only) alcoholic beverage license from Laurie R. Warren, Michael L. Kaplan, Terry Harryman, Red Robin of Charles County, Inc., t/a Red Robin, 3072 Waldorf Market Place, Waldorf, MD 20603.  Counsel to the applicant was Leanne Schrecengost, Esq.  Testimony was presented by applicant Elizabeth M. Donegan pertaining to the facts contained in the application which evidences, among other things, that Ms. Donegan will replace Laurie R. Warren as an authorized person on the alcoholic beverage license, that she is a United States citizen, registered voter, and serves as resident licensee.  Ms. Donegan also serves as Vice President of Red Robin of Charles County, Inc., and General Manager of the licensed premises.  Ms. Donegan has been employed at the licensed premises for 14 years and will continue the current policies regarding alcohol management which has allowed them to operate with no compliance failures to date.  The applicants do not anticipate any changes to the operation of the licensed premises, and look forward to maintaining their family friendly culture at the restaurant.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved as presented, contingent upon payment of the appropriate transfer fee. 

            4.         Subhash Karki, HPSO Investment, LLC, t/a Riverboat on the Potomac, 301 Beach Terrace, Colonial Beach, Virginia, 22442, appeared on March 8, 2018, for a transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverages license (with entertainment and outside service area) from Penny Flanagan, Claude H. Humbert, Riverboat on the Potomac, Inc., t/a Riverboat on the Potomac, 301 Beach Terrace, Colonial Beach, VA 22443. Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidence, among other things, that Mr. Karki is the sole member of HPSO Investment, LLC holding 100% of the interest in the limited liability company.  Mr. Karki meets the residency requirements, currently and having resided in Charles County for at least the last 2 years.  The applicant intends to continue operations at the premises utilizing the current licensee, Penny Flanagan as general manager, as well as employ most of the current staff.  The Board cautioned the applicant to enforce alcohol awareness policies and procedures to guard against violations.  Associate County Attorney Jessica Andritz requested clarification as to the address indicated for the corporate entity as 3000 Grist Place, Waldorf, Maryland – an address referenced by other license holders.  The applicant reiterated that no one other than himself has an interest in the business and Mr. Martinez indicated that the 3000 Grist Place was an oversight in the preparation of the corporate documents, which should have read 5120 Vest Lane, Waldorf, Maryland  20601.  The applicant intends to continue hosting live entertainment inside the licensed premises from time-to-time and to utilize the currently defined outside area, with no plans for expansion or a change in the operation of the business.  The Board asked the applicant to file a diagram and photographs of the outside area, and cautioned that any change would require the approval of the Board.  Upon a motion duly made, seconded and unanimously carried, the Board approved the transfer as presented, contingent upon the filing of a diagram and photographs of the defined outside area, and payment of the appropriate transfer fee.

            5.         Show Cause in the Matter of the Class H – Beer & Wine (on sale only) alcoholic beverage license issued to Cynthia Lynn Skaltsis, Franco-Todd Enterprises, Inc., t/a Napoli Pizzeria, 2728 Crain Hwy, Waldorf, Maryland  20601.  Counsel to the licensee was Hammad Matin, Esq.  The Board approved a request for continuance rescheduling this matter to their April 12, 2018 hearing date. 

            6.         Show Cause in the Matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Patricia Elizabeth Garcia, RBP, Inc. t/a Mexico Restaurant, 10598 Middleport Lane, White Plains, Maryland, 20695.  Counsel to the licensee was David J. Martinez.  The Board approved a request for continuance rescheduling this matter to their April 12, 2018 hearing date. 

            7.         Show Cause in the Matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Christie Marie Welch and Jacqueline Jill Wise, AABC Enterprise Corporation, t/a Urban Bar-B-Que LaPlata, 13 Shining Willow Way, La Plata, Maryland 20646, alleging a violation of Alcoholic Beverages Article, § 6-311 of the Annotated Code of Maryland, and Rule 3.107 of the Rules and Regulations of the Board of License Commissioners of Charles County, Maryland, on January 9, 2018.  Licensees Christie Marie Welch and Jacqueline Jill Wise appeared and acknowledged receipt of the show cause order at least 10 days prior to the hearing, and admitted to keeping alcoholic beverages purchased from other than a licensed wholesaler/distributor, as set forth in the show cause order.  The hearing was conducted in accordance with Rule 2.114, with the Board calling Inspector Wayne Magoon and M/Cpl. Judith Thompson to read into the record the police reports describing the details of the inspection and finding of a violation.  The licensees offered testimony in response to the police report and responded to questions posed by counsel, the Board members, and staff.

            Upon consideration of the testimony and evidence presented and upon a motion duly made, seconded and unanimously carried, the Board found the licensee in violation and ordered that the alcoholic beverage license issued to Christie Marie Welch, Jacqueline Jill Wise, AABC Enterprise Corporation, be suspended for 2 days, beginning at opening of business on March 19, 2018, and ending at close of business on March 20, 2018; and, it was further ordered, that the licensee be fined $1,000, payable to the Charles County Treasurer and delivered to the Board of License before redemption of the alcoholic beverage license.

            8.         Joseph J. Wisnewski, appeared on behalf of Waldorf Cigar Bar & Lounge, LLC, trading as Tinder Box, 2754 Crain Highway, Waldorf, Maryland 20601, with a request to redefine their licensed premises to encompass an outside area for an event scheduled for April 21, 2018, from 3-9 p.m., as defined in their written request dated March 7, 2018.  Also appearing on behalf of the licensee was Raj Singh, General Manager, and Derrick Willingham, Night Manager.  The licensee distributed a diagram of the proposed layout upon the premises and described the location as being under tent in the front area of the parking lot, taking up approximately 18 parking places.  They also indicated that they have applied for a Temporary Use Permit for the event, described as offering free food from aTexas Road House vendor, and outdoor live DJ music.  Security precautions and security staff are in place to ensure compliance with alcoholic beverage laws.  The Board also discussed their concerns with regard to the impact on parking and the adjacent businesses.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the one-day redefinition of their licensed premises to include the identified outside area, contingent upon the licensee filing proof of compliance with the Temporary Use Permit, approval of the landlord, and consent of the adjacent business owners. 

            9.         Celene Marie Graves, Captain Billy's Crabhouse, Inc., t/a Captain Billy's Crabhouse, 11495 Pope's Creek Rd., Newburg, Maryland 20664 advised that they would be reopening for the season, mid-March.

            10.       The Clerk advised that John F. Mudd, Jr., The Noodle Shop, Co.--Charles County, Inc., t/a Noodles & Co., indicated that they terminated their alcohol sales and turned in their Class H – Beer & Wine (on sale only) alcoholic beverage license on February 20, 2018. 

            11.       Iris Bowman t/a Ford’s Wonder Bar, 4595 Livingston Rd., Indian Head, Maryland  20640 (7th election district), turned in her Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license on February 8, 2018.  

            The Board directed alcohol enforcement to visit Noodles & Co, and Ford’s Wonder Bar to make sure any alcohol is properly disposed.

            12.       By letter dated February 20, 2018, in accordance with local Rule 3.105, David Martinez, Esquire informed the Board that his client, Malhi, Inc., t/a Friendly Tavern & Liquors, 3190 Leonardtown Road, Waldorf, Maryland 20601, “…intends to construct a drive-through window for the establishment provided that Charles County Planning Department approves a Site Development Plan…” and will keep the Board apprised once the outcome is known.  M/Cpl. Judith Thompson cited compliance data based on a 13 year history of past compliance checks, which is also noted in her Annual Report.  Associate County Attorney III, Jessica Andritz volunteered to look at the ‘drive-thru’ issue and State law compliance, and get back to the Board members if there’s anything further to report. 

            13.       The Clerk provided members with registration information for the 2018 Maryland Alcohol Licensing Association (MALA) Conference, arriving Thursday, May 10; departing Saturday, May 12, 2018, and asked those that were interested in attending to notify me.

            14.       M/Cpl. Judith Thompson shared 2017 Year End Report of Compliance Check Program, indicating “[T]he total number of compliance checks conducted for the calendar year 2017 to be 162 checks, with 21 of them failing the check resulting in a 13% fail rate.” 

            15.       The clerk provided the Board members with copies of the 2018 alcoholic beverage license renewal applications and instructions, which were mailed to 177 licensees on February 28, 2018, with instructions directing them to be returned by March 30, 2018. 

            With no further business, the hearing adjourned at 1:50 p.m.

                                                                                   

                                                                                    ____________________________________

                                                                                    Lisa Bailey, Clerk