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Charles County, Maryland

Minutes

Minutes
Thursday, March 14, 2013

            The following members of the Board were present: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, Wayne Magoon, and William B. Young.  Also in attendance were 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, as follows:

The Restorers of Mount Carmel in Maryland, Inc., by Daniel R. Bowen, for a 1-day temporary alcoholic beverage license to sell/serve BWL inside the Friendship Room at Sacred Heart Church on April 6, 2013, from 6-11 PM, for a fundraiser with 200-250 people expected to attend.

Elect Candice Quinn Kelly, by Ed Kelly, Treasurer, for a 1-day temporary alcoholic beverage license to sell/serve Beer only at 8400 Old Stagecoach Road, La Plata, Maryland on March 16, 2013 from 2-6 p.m. with less than 150 people expected to attend.

Charles County Chamber of Commerce, by Betsy Burian, for (3) 1-day temporary alcoholic beverage licenses, to sell/serve BWL on the following dates/locations at 5:30 to 7:30 PM, for their monthly Mixer, with approx 100 people expected at each event:

            April 4, 2013 – Spring Dell Center, Inc., Radio Station Road

            May 2, 2013 – Cambridge Cancer & Infusion Center, Old Washington Road

            June 6, 2013 – The Appliance Source, Old Leonardtown Road, Hughesville

John Trotter Robert Stethem VFW Post 8810, by George A. Grimes, for a 1-day temporary alcoholic beverage license, to sell/serve BWL at Funhaven Golf Course, Route 301, La Plata, on May 3, 2013 from 7 a.m. to 1 p.m. for a fundraiser with approx 80 expected to attend. 

Indian Head VFD & RS, Inc., by Frank Cotrufo, Jr., et al., for (3) 1-day temporary alcoholic beverage licenses, to sell/serve BWL, from 6 p.m. to 2 a.m., on April 12, May 17 and June 14, 2013, at the firehouse, for Texas Hold’Em Fundraisers, with approx. 60 people expected at each event.

Charles/St.Mary’s Baseball League, Inc., by Patricia E. Miller, for 13 temporary alcoholic beverage licenses to sell Beer Only at Rainbow Construction Field, Hawthorne Road, La Plata, for Baseball Games on the following dates with 30-100 people expected to attend:

            4/14 – 4/23                  6/29 – 7/8                    9/14 – 9/23

            4/28 – 5/7                    7/14 – 7/23

            5/11 – 5/18                  7/27 – 8/5

            5/19 – 5/28                  8/11 – 8/20

            6/1 – 6/10                    8/25 – 9/3

            6/15 – 6/24                  9/4 – 9/13

Mechanicsville Moose Lodge, by:  Dave Slack.  Appearing on behalf of the applicant was Paul Joseph Rollins, Jr., for a 1-day temporary alcoholic beverage license to sell Beer, Wine & Liquor, from 9 AM to 4 PM on March 22, 2013 (rain date 4/2) at the White Plains Golf Course, for a fundraiser with approximately 130 people expected to attend. 

            2.         Holly Gustafson, James Kosakowski, David Joseph Hebb, SWH Charles Maryland, Inc., t/a Mimi’s Cafe, 3016 Waldorf Marketplace, Waldorf, Maryland  20603, appeared for a transfer of the Class B – Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license from Michael J. Vinik, James Dominelli, Jenna R. Bowen, SWH Charles Maryland, Inc., t/a Mimi's Cafe, 3016 Waldorf Marketplace, Waldorf, Maryland  20603. Counsel to the applicant was Leanne Schrecengost, Esq., who advised the Board that applicant Holly Gustafson is unable to attend the hearing as she has been summoned to a meeting in Texas from 3/13 to 3/15.  Ms. Schrecengost proffered her testimony on the record, and agreed to present an Affidavit of same.  Testimony was presented by the remaining new officers, James Kosakowski and resident licensee David Hebb, pertaining to the facts contained in the application, including evidence that all three officers replace the current officers.  No further changes in the operation of the business are contemplated and no opposition to the transfer of this license was presented.  Upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon filing of an Affidavit from Ms. Gustafson, satisfactory CJIS & FBI criminal history background reports and credit ratings for Holly Gustafson and James Kosakowski, alcohol awareness certification for at least one of the officers, and a corporate resolution authorizing the change in licensees, along with payment of the appropriate transfer fee.

            3.         William R. Greer, Jr., Kathryn M. Kotel, T.G.I. Friday’s of Charles County, Inc., t/a T.G.I. Friday's, 2990 Waldorf Market Place, Waldorf, Maryland 20603, appeared for a transfer of the Class B – Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license from George M. Barton, William R. Greer, Jr., 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 Kathryn M. Kotel, Sr. Vice President and General Counsel, as to the facts contained in the application, including evidence that the only change contemplated is Ms. Kotel replacing George M. Barton as an officer of T.G.I. Friday’s of Charles County, Inc.  Mr. William R. Greer, Jr., did not appear, however will remain the resident licensee.  No further changes in the operation of the business are contemplated and no opposition to the transfer of this license was presented.  Upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon the filing of a satisfactory credit rating for Ms. Kotel, along with payment of the appropriate transfer fee. 

            4.         Joseph James Cardwell, III, Peter Repole, Three Brothers of Waldorf, LLC, t/a Three Brothers – Waldorf, 3069 Waldorf Marketplace, Waldorf, Maryland  20603, appeared for a new Class H – Beer & Wine (on sale only) alcoholic beverage license.  Counsel to the applicant was V.Daniel Palumbo, Esquire.  Testimony was presented by the applicants as to the facts contained in the application, including testimony that Mr. Cardwell will serve as resident licensee, holding a 20% interest; Mr. Repole holds a 26.3% interest, and both applicants serve as managing members of Three Brothers of Waldorf, LLC.  The remaining members of the LLC are Michael Repole holding 26 2/3% and Mario Repole holding the remaining 26 2/3%.  The applicants describe the business as a family restaurant, accommodating 27 tables, and patrons have often requested beer and wine as an accommodation to the food purchases.  They estimate Beer and Wine to account for approximately 3-7% of total sales.  The applicants further testified that they are not contemplating any live music or entertainment.  Upon a motion duly made, seconded and unanimously carried, the Board approved the new license contingent upon the applicant providing a current Health Permit, and upon payment of the appropriate license fee.

            5.         Katherine Michelle Wilcox, Sugar Lips, LLC, t/a Grille No. 13, 173 St. Patrick’s Drive, Suite 106, Waldorf, Maryland 20603, appeared on March 14, 2013, for a new Class B – Beer, Wine & Liquor (on sale only) on sale only alcoholic beverage license.  Counsel to the applicant was John F. Mudd, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including testimony that Ms. Wilcox serves as the sole member and resident licensee, holding 100% of the interest in Sugar Lips, LLC.  The applicant described the business as a family style restaurant/pub.  They do not contemplate an outside area and are expected to offer DJ type entertainment to their patrons.  The premises is expected to open by April 13, 2013.  No opposition to the granting of this license was presented.  Upon a motion duly made, seconded and unanimously carried, the Board approved the new license contingent upon the applicant providing a current Health Permit, Use & Occupancy Permit, and upon payment of the appropriate license fee.

          6.         Beverly A. Howe, Howe, LLC, t/a Ape Hanger’s Bar and Grill, 9100 Crain Highway, Bel Alton, MD  20611, to amend their OPEN AIR EXCEPTION Consent Order to allow for outside live entertainment from April 1 through October 31 each year.  This matter was rescheduled to April 11, 2013 at 10:15 AM.

            7.         Geraldine McKevie, Reginald Saunders, G & G Associates, LLC, t/a East 228 Restaurant, 9425 Berry Road, Waldorf, Maryland  20603.  The Clerk advised that the applicant failed to complete the transfer of the alcoholic beverage license, approved at the Board’s November 8, 2012 meeting, from Misty Lee Conner, Ranjeet K. Gill, Blue Bay Restaurant & Liquor Store, Inc., at that same address.  The Board asked the Clerk to issue a Show Cause Order for the April 11, 2013 hearing.  Subsequent to this hearing, Counsel to the applicant David Martinez, Esq. provided the outstanding documents to the Clerk.  Associate County Attorney Matthew Clagett reviewed and approved the submission and the Clerk contacted Chairwoman Pamela Smith by telephone to advise of the situation.  who agreed to allow the applicant to complete the transfer upon the concurrence of the Maryland Comptroller, Department of Assessments and Taxation, and Treasurer, and in accordance with payment of the appropriate transfer fee.   

           8.         The Clerk presented a written request dated February 16, 2013, from Dean Reppert, General Manager, Hooter's of Waldorf, LLC, t/a Hooter's, for 1-day outside exception for Corn Hole Tournaments, 1-6 p.m. on the following dates:  March 30, April 20, May 11, June 15, August 17, 2013.   No representative appeared at the hearing.  The Board approved the first date, March 30, 2013, and requested that the licensee appear at the April 11, 2013 hearing to discuss the details of the planned event before approval of the remaining dates can be considered.

            9.         The Clerk presented written notification from Captain Billy’s notifying the Board that they reopened for business on March 7, 2013.l

            10.       The Clerk presented information regarding the MALA Spring Conference, May 10-11, 2013, and asked the Board members to advise by March 29 whether or not they plan to attend.  The Board has $1,900 budgeted for Employee Education line item allocation, and the approximate cost for the conference is $260 ea attendee.

            11.       Compliance Report – None conducted since last report due to manpower and scheduling issues.

            12.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the February 14, 2013 meeting.

            13.       The Board asked the Clerk to schedule a work session to discuss the Rule governing Open Air Exceptions in particular and revisions to the Board of License Commissioners Rules and Regulations in general. 

            With no further business the meeting adjourned at 11:50 PM

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Lisa Bailey, Clerk