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Charles County, Maryland

Minutes

Minutes
Thursday, May 17, 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:

Restorers of Mount Carmel, by Gerry Brosco & Ruth Runyan, for a 1-day temporary alcoholic beverage license to sell/serve beer, wine & liquor inside the church hall at Sacred Heart Church on June 2 from 5-10 p.m. for a toy horse race/Italian dinner fundraiser with approximately 150 people expected to attend. 

College of Southern Maryland, by Shaunda Holt for two (2) 1-day temporary alcoholic beverage licenses to sell/serve beer, wine & liquor at Custom Kitchens and Baths, 6750 Crain Highway, La Plata, on June 2 from 10:30 a.m. to 1 p.m. for an Ultimate Brunch class with up to 14 students; and on June 7 from 6-8:30 p.m., for a Cooking with Beer class with up to 14 students expected.

Charles Regional Medical Center Foundation, by Susan Vogel.  Appearing on behalf of the applicant was Holly Gonzalez, for a 1-day temporary alcoholic beverage license to sell/serve beer, wine & liquor outside @ the Port Tobacco Courthouse on September 8 from 5-10 p.m. (rain date 9/15/18) for their 21st Annual Wine Tasting annual fundraiser with approximately 1100 people expected to attend throughout the day.

Moose Lodge #495, by Robert Dorwart.  Appearing on behalf of the applicant was Cecilia Dorwart and Mervin Allen, for a 1-day temporary alcoholic beverage license to sell/serve beer & wine at White Plains Golf Course on June 8 from 8 a.m. to 5 p.m. for their annual fundraiser to benefit Children’s Hospital with approximately 100 people expected to attend.

            2.         The applicant Naval History and Heritage Foundation, by Matthew Schatzle & Gary Nutwell, failed to appear and subsequently withdrew their application for a 1-day temporary alcoholic beverage license to sell/serve beer, wine & liquor, on May 26, 2018 from 10 a.m. to 5 p.m. outside at the All American Harley Davidson dealership, Hughesville, for a fundraiser to benefit a new National Museum for the United States Navy and other programs that support Navy veterans, with approximately 300 people expected to attend throughout the day.

            3.         Pamela C. Livingston, Umesh P. Raval, TPSO Restaurant, LLC, t/a Casey Jones Restaurant, 417 E. Charles Street, La Plata, Maryland 20646, for a transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverages license (with previously approved Open Air Exception) from Paul J. Bales, Culinary Concepts, LLC, t/a Casey Jones Restaurant, 417 E. Charles St., La Plata, Maryland 20646.  Counsel to the applicant was Steve Scott, Esquire.  Testimony and evidence pertaining to the facts contained in the application were presented, including but not limited to Ms. Livingston serving as resident licensee and holding a 20% interest in TPSO Restaurant, LLC, and Mr. Umesh Raval holding the remaining 80% interest.  The applicants do not intend to make any changes in the operation of the business, in fact, Ms. Livingston testified that she is a long-time employee of the current licensee and intends to continue working at the premises under the new ownership.  Due to concerns with the Amended and Restated Management Agreement, which Mr. Scott stated was a clerical error; and, the applicants’ inability to articulate the ownership interest in the limited liability company, upon a motion duly made, seconded and unanimously carried, the Board moved to defer the matter until the appropriate documents are provided and reviewed by counsel, in anticipation of being recalled at the June hearing.

            4.         Christopher John Markomanolakis, Tracy Lynette Prigmore, Waldorf Xenia, LLC t/a Courtyard Marriott Waldorf, 3145 Crain Highway, Waldorf, Maryland  20603, for a new Class B/H (Hotel) Beer, Wine & Liquor (on sale only) alcoholic beverage license with Open Air Exception, and entertainment.  Counsel to the applicant was Linda Carter, Esq.  This premise was formerly trading as Courtyard by Marriott, Waldorf Hospitality Services, LLC.  However, that licensee failed to file a 2018 Alcoholic Beverage License Renewal application, and that license expired at midnight, April 30, 2018.  In addition to the licensees, witness Robin Howard, General Manger appeared.  Testimony and evidence pertaining to the facts contained in the application was presented, including that Mr. Markomanolakas serves as resident licensee, is an authorized person, and holds a 20% interest in Waldorf Xenia, LLC.  Mr. Markomanolakas further testified that he will not be involved in the day-to-day operation of the business, however, he does understand and accept his responsibility as resident licensee.  Ms. Prigmore testified that she is also an authorized person and holds a 20% interest in Waldorf Xenia, LLC; and, will be involved in all aspects of the business.  The remaining interest in the licensed premises is held by Waldorf Arete, LLC, who also is the property owner.  The licensees have 40% of their staff certified in alcohol management with all employees involved in the service of alcohol certified.  They further have a 100% ID check and no vertical license policy. 

            The licensed premises is described as the “[f]ree standing building constructed of masonry, brick and glass, including all public areas, storage areas and hotel rooms.”  The licensed premises includes the 700 sq. ft. walled patio area depicted in the diagram and photographs contained behind Tab 3 of applicant Exhibit 1, with access to the patio through the bar/bistro area.  Further, points of sale of alcoholic beverages will remain on the inside of the licensed premises, with the patio being consumption only.  No outside bar or service area on the patio is being contemplated or requested.  No alcoholic beverages will be allowed inside the pool area.  Entertainment will consist of hotel/lobby type music, as well as light music at private events.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the application filed on behalf of Christopher John Markomanolakis, Tracy Lynette Prigmore, Waldorf Xenia, LLC t/a Courtyard Marriott Waldorf, 3145 Crain Highway, Waldorf, Maryland  20603, for a new Class B/H (Hotel) Beer, Wine & Liquor (on sale only) alcoholic beverage license, with Open Air Exception, and Entertainment, as presented, contingent upon filing of an Affidavit of Posting and upon payment of the appropriate pro-rated licensee, entertainment and outdoor table service fee. 

            The Board adjourned at 12:45 for lunch, and reconvened at 1:25 p.m.

            5.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Gulabbhai Mangubhai Mistry, Bud’s Liquors, Inc., t/a Bud’s Liquors, 2539 Old Washington Road, Waldorf, MD  20601.  Gulabbhai Mangubhai Mistry appeared and acknowledged receipt of a Show Cause Order dated May 2, 2018, at least 10 days prior to the hearing, and admitted that on March 6, 2018, at approximately 5:50 P.M., the licensee violated Alcoholic Beverages Article §18-1902.1 of the Annotated Code of Maryland, regarding alcohol awareness certification.   Also appearing on behalf of the licensee, was Javanikaben Patel, 80% stockholder for Bud’s Liquors, Inc., who along with the licensee presented testimony as to the ownership and operation of the licensed premises trading as Bud’s Liquors.

            Upon a motion duly made, seconded and unanimously carried, the Board found the licensee in violation of Alcoholic Beverages Article §18-1902.1(b)(1) of the Annotated Code of Maryland, and ordered that the licensee be fined $100, payable to the Charles County Treasurer and delivered to the Board of License Commissioners before close of business on May 25, 2018.

            6.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Mohammad Shafiq, Jinnh, Inc., t/a Acton Liquor Store, 11870 Acton Lane, Waldorf, MD 20601.  Mr. Shafiq appeared and acknowledged receipt of a Show Cause Order dated May 2, 2018, at least 10 days prior to the hearing, and admitted that on February 22, 2018, at approximately 11:40 A.M., the licensee violated Alcoholic Beverages Article §18-1902.1 of the Annotated Code of Maryland, regarding alcohol awareness certification.  Upon consideration of the testimony and evidence, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the licensee be fined $100, payable to the Charles County Treasurer and delivered to the Board of License Commissioners before close of business on May 25, 2018.

            7.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Joung Soon Chung, New Greens Wine & Spirits, Inc., t/a The Greens Wine & Spirits, 9201 Crain Hwy., Bel Alton, MD 20611.  Ms. Chung appeared and was accompanied by her daughter, who served as an interpreter for Ms. Chung.  Ms. Chung acknowledged receipt of a Show Cause Order dated May 2, 2018, at least 10 days prior to the hearing, and admitted that on March 27, 2018, at approximately 1:00 P.M., the licensee violated Alcoholic Beverages Article §18-1902.1 of the Annotated Code of Maryland, regarding alcohol awareness certification.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the licensee be fined $100, payable to the Charles County Treasurer and delivered to the Board of License Commissioners before close of business on May 25, 2018.

            8.         Show Cause in the matter of the Class D – Beer, Wine (on/off sale) Liquor (off sale only) alcoholic beverage license issued to Dilpreet Singh, Bimla Virk, JB/301 Store, Inc., t/a Red Top, 9940 Crain Hwy., Faulkner, MD 20632.  Mr. Singh appeared and acknowledged receipt of a Show Cause Order dated May 2, 2018, at least 10 days prior to the hearing, and admitted that on March 27, 2018, at approximately 11:25 A.M., the licensees violated Alcoholic Beverages Article §18-1902.1 of the Annotated Code of Maryland, regarding alcohol awareness certification.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the licensee be fined $100, payable to the Charles County Treasurer and delivered to the Board of License Commissioners before close of business on May 25, 2018.

            Board member Linda Warren left the meeting at 3:00 p.m.

            9.         Upon a motion duly made, seconded and unanimously carried, the Board approved a written request from Patricia A. Shymansky, Charles Wesley Johnson, JNP Enterprises, LLC, t/a Shymansky's Restaurant & Marina, 16320 Cobb Island Rd., 20625, MD 20625, to modify paragraph 7 of the governing 2014 Consent Order, to allow alcoholic beverages to be served from a cooler, outside upon the grassy area, during their annual Knights of Columbus Fishing Tournament on Saturday May 19, 2018, Noon to 6 p.m., with a rain date of Saturday, May 26, 2018, from noon to 6 p.m.  Appearing on behalf of the licensee was Charles Johnson.  The Board further reminded the licensees that the use of the ‘tiki bar’ is prohibited by Planning and Growth Management and the Board without a Use & Occupancy Permit. 

            10.       Upon a motion duly made, seconded and unanimously carried, the Board approved a request by Joseph J. Wisnewski, Sumit Gupta, Waldorf Cigar Bar & Lounge, LLC, t/a Tinder Box, 2754 Crain Highway, Waldorf, MD 20601, to redefine their licensed premises to include a defined outside area for a 1-day event on June 20, 2018, as described and approved under their Temporary Use Permit.  Appearing on behalf of the licensee was Daryl Pew and Raj Singh, represented by Hammad Matin, Esq.

            11.       Upon a motion duly made, seconded and unanimously carried, the Board approved a request by Carrie A. Wright, The Rivah, Inc., t/a The Rivah, 12364 Neale Sound Dr., Cobb Island, MD 20625, to modify Condition No. 2 of their 2011 Consent Order to allow for outside entertainment, in accordance with her presentation, beginning Memorial Day weekend through Labor Day weekend, and defining the hours for entertainment as Monday through Thursday 4-9 p.m.; Friday 3 p.m. to 1 a.m.; Saturdays 11 a.m. to 1 a.m.; and Sunday’s 1-9 p.m.  The Board cautioned the licensee to be cognizant of their responsibility to be a good neighbor to the residents in the area.

            12.       Associate County Attorney Jessica Andritz disclosed that she had previously represented Swan Point Recreation, LLC, and with no objection from the licensee or those in attendance continued as attorney for the Board of License Commissioners.  Counsel to the applicant was David Martinez, Esquire.  Also appearing on behalf of the licensee was John Napier, General Manager.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved a request by Joan C. Curley, William Daniel Mayer, James Leroy Dement, Swan Point Recreation, LLC, t/a Swan Point Yacht & Country Club, 11550 Swan Point Blvd., Issue, MD 20645, to re-define their licensed premises to include the “pool house” area adjacent to the golf course, with alcoholic beverages to be served from golf carts, beginning Friday, May 25, 2018 through Monday, September 3, 2018 between the hours of 9 a.m. to 5 p.m.; and during 3 special events scheduled for July 13, 14, and August 24, 2018, from 6-9 p.m., as presented. 

            13.       David J. Martinez, Esq. appeared on behalf of Radha Chetry, Radha Properties LLC, t/a Nanjemoy Country Store & Bar, 1979 Liverpool Point Rd., t/a Nanjemoy, MD 20662, to update the Board on the status of the pending transfer of the Class D -BWL (on/off sale) alcoholic beverage license to Debbie Ann Ruiz, Rhada Properties, LLC.  This application for transfer was approved with contingencies and has been pending since the Board’s hearing on September 14, 2017, due to renovations and issuance of a new Use & Occupancy Permit.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved a request for an extension until July 12, 2018. 

            14.  David J. Martinez, Esq. appeared on behalf of George R. Holmes, Holmes River's Edge, LLC, t/a River's Edge Restaurant, 7320 Benedict Ave., Benedict, MD 20612 to update the Board on the recent fire at the licensed premises and their request to place the alcoholic beverage in safe keeping until re-build/reopening, with an estimated re-opening in at least 6 months.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the request to keep the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license in safe keeping for approximately 6 months.

            15.  La Tanya Holmes appeared on behalf of Walter Lee Nash, Margaret Hodo Nash, Lefty's Barbeque Unlimited, Inc., t/a Lefty’s BBQ, with a request that the Board reconsider their 2018 Alcoholic Beverage License Renewal filed 4/19/2018.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the request to renew their 2018 alcoholic beverage license, contingent upon payment of the assessed late filing fine in the amount of $500.

            16.       David J. Martinez, Esquire, provided the Board with a status update of the approved application for a new Class B/RB alcoholic beverage license for Gregory A. McGowan, Jr., Garry L. Little, Jr., The Social @ 228, LLC, 9425 Berry Road, Waldorf, Maryland 20603, with contingencies, pending since March 10, 2016, advising that the contingencies should be met and the license issued before the next scheduled hearing, June 14, 2018.

            17.       The clerk advised that Brianna Brown, Jacqueline Jefferson, My Wayside Store, LLC, t/a Wayside Store, 13074 Rock Point Rd., Newburg, MD 20664, failed to renew Class D – BW (on/off) L (off sale only) alcoholic beverage license, as they failed to provide proof of residence for resident licensee.

            18.       Upon a motion duly made, seconded and unanimously approved, the Board approved the Minutes for February 8, March 8, and April 12, 2018. 

            19.       With no further business, and upon a motion duly made, seconded and unanimously carried, the meeting adjourned at 5:25 p.m.

_____________/s/__________________

Lisa Bailey, Clerk