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Charles County, Maryland

Minutes

Minutes
Thursday, April 11, 2013

            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: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, Thomasina Coates, 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 Clerk to the County Commissioners, Denise Ferguson, joined the hearing and conducted the Swearing-In Ceremony of the Board of License Commissioners members. The Clerk introduced and the Board welcomed newly appointed County Administrator Mark Belton to the County. 

1.         Upon a motion made, duly seconded and unanimously carried, the following temporary alcoholic beverage license applications were approved:

La Plata VFD, Inc., by:  Lynn D. Gilroy, for two (2) 1-day temporary alcoholic beverage licenses to sell/serve BWL on April 27, 2013 and May 25, 2013, from 7 PM to 2 AM, at La Plata VFD Activity Hall, for Texas Hold’em fundraisers with approx. 100-150 people expected to attend each event.

Bryans Road VFD & EMS, Inc., by Paul M. Tackish, for three (3) 1-day temporary alcoholic beverage licenses to sell/serve BWL on April 13, May 11, and June 8, 2013, from 6 p.m. to 2 a.m., at Bryans Road Firehouse, for Texas Hold’em fundraisers with approx 120 people expected to attend each event.

Society for the Friends of Hospice, by:  A. Michael Warfield.  Appearing on behalf of the applicant was Sara Payne, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on May 18, 2013 from 4-9 P.M., at Weatherly Farm, 14145 Banks O’Dee Road, Newburg, MD 20664, for a fundraiser with approx. 300 people expected to attend.

College of Southern Maryland, by:  Shaunda Holt, for a 1-day temporary alcoholic beverage license to serve BWL (Wine only), on April 11, 2013 from 6:30-9:30 PM, at Classroom St 141, La Plata Campus, for a college course on wine tasting, with approx 16 people expected to attend.

CHASM, Inc., by:  Jeffrey Scott Mower, for a 1-day temporary alcoholic beverage license to sell/serve Beer only, on April 19, 2013 from 4-10 PM, at Putt Putt Golf, 11272 Edge Hill Road, Newburg, MD  20667, for a fundraiser with approx. 100 people expected to attend.

Mechanicsville Moose Lodge/Cancer Benefit, by:  William E. Males/Robert Dorwart.  Appearing on behalf of the applicant was Cecilia Dorwart, wife of applicant Robert Dorwart and Charles County Resident, for a 1-day temporary alcoholic beverage license to sell/serve BWL, on May 3, 2013, from 8 a.m. to 5 p.m., at White Plains Golf Course, for a fundraiser with approx. 75 people expected to attend.

St. Peter’s School, by:  MaryAnn Bonifant, for a 1-day temporary alcoholic beverage license to sell/serve BWL, on May 4, 2013 from 6p.m. to Midnight, at St. Peter’s School Auditorium, for a fundraiser with approx. 250 people expected to attend.  The applicant offered details with regard to the Kentucky Derby themed fundraiser with will include display of the Carousel horses and silent auction.

2.         Joan V. Jones, Joan Woodland, Amy Scroggins, Bel Alton High School Alumni Assoc. CDC, t/a Miss Motley's Café, 9501 Crain Highway, Bel Alton, MD  20611, appeared for a 1-day Outside Special Exception to allow their patrons to consume alcoholic beverages outside on the licensed premises for Bel Alton Community Development Center, 1st Annual Classic Car Show.  The licensee submitted a diagram of the outside area, along with a flyer describing the event.  The Board thanked the licensee for keeping them apprised of their event and acknowledged that the applicant holds a Class C – BWL (Non Profit) Club alcoholic beverage license, which “permits on-premises consumption of alcoholic beverages in the clubhouse or on property that is directly contiguous to the clubhouse…”

3.         The Clerk advised that the application filed on behalf of Louis J. Cooper, Kitt Harrison, Joel P. Taylor, American Legion Post 170, Randolph Furey Post # 170, 4345 Livingston Road, Indian Head, Maryland 20640, for a transfer and reclassification of their Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license to a Class C – Beer, Wine & Liquor (on sale only) Non-Profit Club alcoholic beverage license with Joel P. Taylor replacing Frederick L. Johnson, was withdrawn by the applicant.

Review of 2013 Alcoholic Beverage License Applications for Renewal

4.         Carl R. Baldus, Jr., WIJV Restaurant, LLC, t/a Damon’s - Holiday Inn, 45 St. Patrick's Drive, Waldorf, Maryland  20603, appeared at the request of the Board along with his grandson, Jake Greer, and described the renovations being undertaken at the licensed premises and future intent to convert the licensed premises into an assisted care facility/senior housing, and ultimately utilize the alcoholic beverage license for a pub for the residents and guests.  Upon a motion duly made, seconded, and unanimously carried, the Board agreed to renew the alcoholic beverage license but keep the license on “hold” for up to 8 months until the renovations are complete, at which time they would retrieve the license from the Clerk, and advise the Board as to the proposed use of the alcoholic beverage license.

5.         Misty Conner, Ranjeet K. Gill, Blue Bay Restaurant & Liquor Store, Inc., t/a Blue Bay Restaurant and Liquor Store, 9425 Berry Road, Waldorf, Maryland  20603.  Licensee Ranjeet Gill appeared and was represented by Justin Wilde, Esquire.  Ranjeet Gill, along with the owner of the real property, sought the Board’s approval of the 2013 Renewal without the resident licensee’s signature and cooperation.  The licensee further advised that the previous tenant (and pending licensee) Geraldine McKevie, Reginald Saunders, G & G Associates, LLC, t/a East 228 Restaurant, had failed to complete the transfer of the alcoholic beverage license, approved at the Board’s November 8, 2012, hearing, and has been evicted from the licensed premises by the property owner.  Upon a motion duly made, seconded and unanimously carried, the Board denied the request to renew the alcoholic beverage license without a resident licensee, and directed that the current alcoholic beverage license will expire at midnight on April 30, 2013. 

6.         The following licensees failed to file a 2013 Alcoholic Beverage License Renewal Form, and their 2012 Alcoholic Beverage License will expire at midnight on April 30, 2013:

            ~  Liyin Cheng, Great Wall of Waldorf Cheng Corp., Inc. t/a Great Wall Restaurant

            ~  Walter Lee Nash, Sr., Magaret Hodo Nash, Lefty’s Barbecue Unlimited, Inc., t/a Lefty’s Barbecue

            ~  Martin Culp, Jeff Merchant, Francis L. Hayden, VFW Post 10081, Bel Alton.

            ~  Blue Bay Restaurant & Liquor Store, Ranjeet K. Gill, Misty Lee Conner

7.         The clerk advised that on February 28, 2013, One hundred eighty-three (183) alcoholic beverage license renewal applications were mailed to licensees, with a filing deadline date of March 29, 2013.  As March 29, 2013 was a County holiday and the County offices were closed, applications received after April 2, 2013, were assessed a “late filing fee” in the amount of $50 per day, to a maximum assessed fine of $500.  To date, the Board has received 179 renewal applications and has assessed $1,150 in “late filing fees” to the following 7 licensees:

Fines:   American Legion Post 170     $250

            Courtyard by Marriott            $250

            Miss Motley’s Café                 $ 50

            The Palador Store & Club       $200

            Texas Ribs/Twin Kiss             $100

            TGI Friday’s                           $150

            Damon’s                                  $150

                        TOTAL           -       $1,150

Before the Board can renew an alcoholic beverage license, each application must also be reviewed and approved by the Comptroller, Maryland Department of Assessments and Taxation, and the County Treasurer, to ensure compliance with filing and payment of any outstanding taxes and/or fees to those agencies.  The clerk provided the Board members with a listing of all licensees, with an asterisk indicating those licensees with outstanding matters.  Upon a motion duly made, seconded and unanimously carried, the Board approved the renewal of 142 applications which were found to be in order.  The remaining 37 applications which have outstanding items with the Comptroller, Assessments & Taxation, Treasurer or Board of License Commissioners, were approved contingent upon satisfaction of all outstanding matters before Tuesday, April 30, 2013.  The clerk also provided the Board members with an analysis of “off sale” licenses by election district.

The clerk thanked the State Comptroller's staff, the staff of the local Department of Assessments and Taxation, and the staff of the Charles County Treasurer's Office, and the County Attorney Barbara Holtz, and the attorneys and staff of the Office of the County Attorney, for their efforts and assistance in assuring another smooth license renewal year.  The clerk also thanked the Board members, Cpl. Harman, Inspector Kiesel, for their guidance, assistance and patience during the past license year.

The clerk advised that she will begin issuing the 2013 Licenses, Monday, April 15, and continue daily between the hours of 9 a.m. and 4:00 p.m., until Tuesday, April 30, 2013. The clerk further cautioned licensees to not wait until the last minute to remedy any outstanding issues, as current licenses expire at Midnight and those licensees with outstanding issues with the State Comptroller may require a 2-day processing.

8.         The presentation by Duane K. Svites, Deputy Chief State Fire Marshal, Commander, Southern Region was rescheduled to May 9, 2013.

9.         Dean Requert, General Manager at Hooters – Waldorf, appeared before the Board in support of their application for a temporary outside special exception for the following three (3) dates:  May 11, June 15, and August 17, 2013, from 1-6 PM for Corn Hole Tournaments in a defined area outside their licensed premises, in accordance with their written request dated 2/16/13, as amended.

10.       Beverly A. Howe, Howe, LLC, t/a Ape Hanger’s Bar and Grill, 9100 Crain Highway, Bel Alton, MD  20611, appeared in response to a Petition filed on her behalf “to allow an exception to Board Rule 4, which prohibits live entertainment in the outside area…”  In support of her Petition the licensee states that:

“1.  The Licensee has performed certain special events, mostly charitable, with outside entertainment for a number of years. 

2.  It has recently come to the attention of the Licensee that this was prohibited by the above mentioned Rule #4 of outside area use. 

3.  In addition, the Licensee has been informed of certain noise complaints recently made, said noise was due to a DJ playing in the outside area. 

4.  To address the noise complaints and comply with the Board’s Rule, the Licensee requests an exception to the outside entertainment Rule #4 as follows: 

a.  During the period of April 1 through October 31 of each year the Licensee be granted permission for outside live entertainment, on Saturdays and Sundays during daylight hours. 

5.  There will be no outside DJ equipment used in the future.”

The original condition that “…there be no live music in the area” was placed on the outside area by letter to a previous licensee dated September 8, 1988, a copy of which can be found in the Board’s file. 

The Board offered into evidence an email from Duane K. Svites, Deputy Chief Fire Marshal, forwarding pages of a recent inspection report, and advising of “moderate and concerning situations that require immediate corrections.  Our office recommends the Board only approve issuance / transfer / renewal of any licenses or show cause issues contingent upon verification that the necessary corrections have been made.” 

In light of the report by the Fire Marshal, the Board of License Commissioners declined to take any action on the request for live entertainment on the outside premises while the violations are pending with the Fire Marshal.  The Board agreed to continue the hearing to May 9, 2013.

11.       The clerk distributed the confirmation receipts to the Board members/staff attending the MALA Conference, May 10-11, 2013. 

12.       M/Cpl. Judith Harman shared the Monthly Compliance Report, and the Board congratulated the following 11 out of 11 licensed premises which were inspected and passed:

            1.  Ledo Pizza, La Plata                         7.  The Scuttlebutt, Cobb Island

            2.  Chuck E. Cheese, Waldorf               8.  VFW Post 10081, Bel Alton

            3.  Kodori Korean & Japanese Rest       9.  Moose Lodge 1712, Indian Head

            4.  Bud’s Liquors (Drive In – Comp)     10.  Lisa’s Pub, Indian Head

            5.  Phil’s Place                                     11.  Murphy’s Pub at Pier 210, Bryans Road

            6.  Gallant Green Bar, Waldorf

13.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the March 14, 2013 hearing.

With no further business, the meeting adjourned at 11:45 A.M.  The next meeting is scheduled for May 9, 2013.

____________________________________

Lisa Bailey, Clerk