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Charles County, Maryland

Minutes

Minutes
Thursday, June 14, 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, and Kathleen Quade.  Linda Warren was excused.  Also appearing in support of the Board were M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator; 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:

Loyola on the Potomac Retreat House, by: Alice Case, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only at 9270 Loyola Retreat Road, on Sept. 9, 2018 from 2-5 p.m.  for a fundraiser with approximately 380 people expected to attend.

Education Association of Charles County, by:  Linda McLaughlin, President, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only, outside at Charles County Fairgrounds on Friday, August 31, 2018 from 2:30-8 p.m., for Welcome Back Teachers celebration with approximately 450 people expected to attend.

            2.         Doris T. Myles, Little Fish, LLC t/a Little Fish, 173 St. Patrick’s Drive, Suite 105 & 106, Waldorf, Maryland 20603, appeared for a new Class B/RBH (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license, with entertainment.  Counsel to the applicant was David J. Martinez, Esquire.  Testimony and evidence pertaining to the facts contained in the application were presented, including that Ms. Myles is the sole licensee and authorized person, meets the residency requirements, and holds an 80% interest in Little Fish, LLC.  Andre Gudger and Sheron Gudger hold the remaining interest at 10% each.  The applicant testified that they intend to operate as a family seafood/steakhouse business, with the establishment measuring approximately 3,400 square feet.  They are not within 500 ft of a school and have no interest in any other alcoholic beverage license in Charles County.  They intend to employ a staff of 20.  Carl Jones, General Manager, also appeared and testified as to the day-to-day operation of the business, including details relating to staffing, alcohol management, and training.  Mr. Jones has 20 years’ experience working in full service restaurants.  The applicant indicated that they intend to host live entertainment described as a “small jazz ensemble,” and made note that they will not disturb the peace of the neighborhood.  No further testimony or evidence was presented in support of or opposition to the applicant.  Upon consideration of the testimony and evidence presented and upon a motion duly made, seconded and unanimously carried the Board approved the application as presented, contingent upon a satisfactory FBI criminal history records check, Health Permit, Use & Occupancy Permit, and upon a correction of the legal property description within 60-days from June 14, 2018.

            3.         Vernell M. Johnson, Charles W. Johnson, JNP Enterprises, LLC, t/a Shymansky’s Restaurant and Marina, 16320 Cobb Island Road, Cobb Island, Maryland 20625, appeared for a substitution of officer, with Vernell M. Johnson, replacing Patricia Shymansky as resident licensee and officer holding a 20% interest in JNP Enterprises, LLC, on their Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license with entertainment and outside area exception.  Counsel to the applicant was Steve Scott, Esquire.  Testimony and evidence was presented as to the facts contained in the application and the fitness of the new officer, as well as the historical background of the licensed premises.  No change to the operation of the business, floor plan, hours of operation, or alcohol service policies are being proposed.  Appearing in opposition to the outside entertainment due to noise allegations were Pat Parrish Waddy, Douglas Brown, Jane Parrish.  The Board advised the speakers that the issue before them is the substitution of officer.  However, the Board did remind the licensees of their responsibility to be a good member of the community.  The Board further reiterated that use of the outside “tiki bar” is prohibited without a current Use and Occupancy Permit.  Upon consideration of the testimony and evidence presented and upon a motion duly made, seconded and unanimously carried, the Board approved the application as presented.

            At 12:09 the Board adjourned for a break and reconvened at 12:19 p.m.

            4.         Pamela C. Livingston, Umesh P. Raval, TPSO Restaurant, LLC, t/a Casey Jones Restaurant, 417 E. Charles Street, La Plata, Maryland 20646, appeared 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 was presented as to the facts contained in the application at the Board’s May 17, 2018 hearing.  At that time the Board moved to defer the matter until the appropriate documents are provided and reviewed by counsel. 

            Associate County Attorney Jessica Andritz stated that all outstanding documents have been submitted and are legally sufficient.  M/Cpl. Judith Thompson presented testimony relating to the testimony provided at the last hearing by Mr. Umesh P. Raval and whether or not he made a material false statement on the record.  A lengthy discussion ensued with regard to Mr. Umesh P. Raval’s association with a licensed premise in Prince George’s County, formerly known as Langways.  It was eventually determined that Mr. Raval did not have a pecuniary interest in any other establishments licensed to sell alcoholic beverages.  Upon consideration of the testimony and evidence presented, Board member Kathleen Quade made a motion to approve the application for transfer.  Board member Guy Black seconded the motion, stating that he was prepared to vote but was not happy about the information Mr. Raval gave the Board at the May 17 hearing and today, and was not 100% sure Mr. Raval was “confused” about his responses, but he was willing to give him the benefit of doubt that he possibly misunderstood the questions of the Board members and was confused.  With Chairman Coates voting in favor, the motion passed.

            5.         The Board called the Show Cause in the Matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Adam DeSales Mudd, Chalak-Politano Waldorf, LLC, t/a Genghis Grill, 2928 Festival Way, Ste. 405, Waldorf, MD 20601, Count I - alleging sale to an authorized underage person (AUP) on April 19, 2018 @ 1:35 PM, by Donya Elizabeth Barnes; and Count II - a violation of Alcoholic Beverages Article, §18-1902.1 Alcohol Awareness Program.  The licensees were represented by Linda Carter, Esquire.  Also appearing on behalf of the licensee was Reagen Noad, Regional Director.  On behalf of the licensee, Ms. Carter stated that the licensee would like to surrender the license in lieu of a fine and/or suspension.  M/Cpl. Judith Thompson presented her report and testimony in regard to prior compliance checks.  Ms. Noad presented testimony as to the current operation of the business and their intent to surrender the license.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered regarding Count I - to accept the voluntarily surrendered license with no further fine and/or closure against the licensee; Count II – to assess a $100 fine against the licensee for violation of §18.1902.1, to be paid within 10-days of the date of this hearing; and, finally waived any fine against the clerk/server Donya Elizabeth Barnes due to lack of training.

            6.         The Board approved a written request from David Martinez, Esquire, for a 60-day extension for the issuance of the Class B/RB (Restaurant/Bar) BWL (on sale only) with Entertainment alcoholic beverage license, on behalf of his clients, Karie Van Hook, Drew Lawson, DaCore Investment Group, LLC, t/a Shark Bar & Seafood House, 2056 Crain Hwy., Waldorf, Maryland 20602, approved with contingencies on October 10, 2017. 

            7.         Upon a motion duly made, seconded and unanimously carried, the Board Ordered that Gregory A. McGowan, Jr., Garry L. Little, Jr., The Social @ 228, LLC, t/a The Social @ 228, 9425 Berry Road, Waldorf, Maryland 20603, provide the Board with an Affidavit setting forth that there has been no change in the facts or circumstances contained in the application since its contingent approval on March 10, 2016.  The Board further agreed to a final extension of 60 days from today’s date for build-out and issuance of the approved alcoholic beverage license.

            8.         Raj Singh, Joseph J. Wisnewski, Sumit Gupta, appeared on behalf of 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 the following 4 dates, exhausting Temporary Use Permits for 2018 calendar year:  Wednesday, July 25; Wednesday, August 15; Wednesday, September 19; and Wednesday, October 17, 2018.  Each event with 50-100 people expected to attend.  (Prior:  April 21, June 20, 2018).  Also appearing on behalf of the request was Daryl Pew, from Platinum Rollers.  The Board approved the request contingent upon the licensee obtaining a temporary use permit. 

            9.         Lisa Ann Shumaker, appeared on behalf of UNME, LLC, t/a Huntt's Tavern, 6520 Bennsville Rd., Pomfret, MD 20675, to redefine their licensed premises to include a defined outside area for the following 2 dates, Saturday, August 11 from 11 a.m. to 8 p.m., for a charitable event to benefit Charles County Dive and Rescue; and on Saturday, October 13, 2018 from 11 a.m. 8 p.m. for a charitable event to benefit Hospice of Charles County, with no more than 200 people expected to attend each event. The Board approved the request contingent upon the licensee obtaining a temporary use permit.

            10.       The clerk presented a draft of the Annual Report for 2016-2017 License Year License Year for the Board’s review.

            11.       The clerk provided the Board members with a copy of the approved FY2019 Budget Report.

            12.       M/Cpl. Judith Thompson presented her Compliance Report from May, 2018, with 6 of 7 successful inspections, all through the drive-in windows at the following businesses:  Hardesty’s Inn, Newburg; Drive-In Liquors, Faulkner; Murphy’s Store, La Plata; Lady’s Liquors (La Plata); Willett’s Discount Liquor & Deli, White Plains; and Plaza Liquors, Waldorf.

            13.       Upon a motion made, seconded and unanimously carried, the Board approved the Minutes of the May 10, 2018 and May 17, 2018 hearings.

            With no further business, the meeting adjourned at 3:15 p.m.

____________/s/____________________

Lisa Bailey, Clerk