Minutes | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

Minutes

Minutes
Thursday, May 9, 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.  

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

Civista Health Foundation, by:  Lara Castle, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only outside on the grounds of the Charles County Fairgrounds on June 15, 2013, from 2-8 p.m., for a fundraiser with approximately 1,000 people expected to attend.

Civista Health Foundation, by:  Lara Castle, for a 1-day temporary alcoholic beverage license to sell/serve BWL outside on the grounds of the Port Tobacco Courthouse on September 21, 2013 (rain date 9/28) from 5-10 p.m., for a fundraiser with approximately 1,200 people expected to attend.

College of Southern Maryland, by:  Shaunda Holt, for 4 – 1 day temporary alcoholic beverage license to serve BWL (Wine only), on May 16; June 20; July 30; and August 7, 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 each class.

Helping Heros Kids, Inc., by James Michael Long, for a 2 day temporary alcoholic beverage license to sell/serve Beer only, on June 29 beginning at 7:00 a.m., ending June 30, 2013 at 8:00 PM, at Wicomico Motorsports Park, 1110 Kingston Place, Charlotte Hall, MD  20622, for a Mud Run Event fundraiser, with approximately 2,000 people expected to attend.

2.         Jae Hyung Yoon, DKC Liquors, Inc., t/a Westlake Liquors, 1182 Smallwood Drive, Waldorf, Maryland  20603, for a transfer of the Class A - BWL (off sale) Package Goods alcoholic beverage license from Gerald Graham Bartholomew, Jr., DKC Liquors, Inc., t/a Westlake Liquors, 1182 Smallwood Drive, Waldorf, Maryland  20603.  John Mudd, Esq., entered his appearance on behalf of the applicant and filed a request for a continuance until the next hearing date, June 13, 2013.  Upon a motion duly made, seconded and unanimously carried, the matter was continued. 

3.         Ajit Singh Dhaliwal, Aman Singh Dhaliwal, Cheers, LLC, t/a Cheers, 3380 Middletown Road, Suite 101, Waldorf, MD  20603, appeared for a new Class A – Beer, Wine & Spirituous Liquor (off sale only) Package Goods, alcoholic beverage license.  Counsel to the applicant was John F. Mudd, Esquire.  Testimony was presented by the applicants as to the facts contained in the application, including testimony that both of the licensees meet the residency requirements and are co-managing members and the sole members of Cheers, LLC.  Mr. Ajit Singh Dhaliwal holds a 60% interest and Aman Singh Dhaliwal holds the remaining 40% interest in Cheers LLC. The applicants also set forth their hours of operation, indicated that all employees would be TAMS certified, and they expect the opening date to be by September 1, 2013.

M/Cpl. Judith Thompson, Alcohol Enforcement Officer presented testimony and a written Memorandum detailing the distance of the proposed licensed premises from Westlake High School.  In accordance with Article 2B, Sec. 9-209(d), which states that “…the Board of License Commissioners may not issue any license to sell alcoholic beverages in any building the nearest wall of which measured in a direct line is within 500 feet of the property line of any school accredited by the State Board of Education.”  M/Cpl. Thompson, along with Cpl. Hopkins, took the measurement using a combination of a Stalker Police LIDAR set to range/distance mode and a tape measure, and determined the distance to be 506 feet.  The Board members further cautioned the applicant that should the license be granted they would have to be ever vigilant in making sure that they operate in a lawful and diligent matter, that minors are not served, and that they monitor their parking lot especially with the location of the license being adjacent to Westlake High School.  No testimony was presented in opposition to the granting of this license.

In 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 Ajit Singh Dhaliwal, Aman Singh Dhaliwal, Cheers, LLC, t/a Cheers, 3380 Middletown Road, Suite 101, Waldorf, MD  20603, for a new Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license, contingent upon the filing of a drawing/diagram of the premises, Use & Occupancy permit, Sales Tax ID #, Workers’ Compensation certification, along with payment of the appropriate license fee, by September 1, 2013.

4.         Pargat Singh Mand, PSL Brothers, LLC, t/a Drive In Liquors, 10620 Crain Highway, Faulkner, Maryland  20603, for a transfer of a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Pardeep Singh, Dhillon & Family, LLC, t/a Drive-In Liquors, 10620 Crain Highway, North, Faulkner, Maryland  20632.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicant as to the facts contained in the application, including evidence that the applicant holds 100% interest in PSL Brothers, LLC, and meets the residency requirements, and no one other than the applicant has an interest in the business. Mr. Mand further testified that he has a 7 year employment history working as an employee of Vino Liquors, the store will be open from 9 a.m. to 9 p.m., 7-days a week, and will have 2-3 employees.  Finally, the applicant testified that no further change in the operation of the business is contemplated and no opposition to the transfer of this license was presented. 

In consideration of the testimony and evidence presented and upon a motion duly made, seconded and unanimously carried, the Board that the application filed on behalf of Pargat Singh Mand, PSL Brothers, LLC, t/a Drive In Liquors, 10620 Crain Highway, Faulkner, Maryland  20603, for a transfer of a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Pardeep Singh, Dhillon & Family, LLC, t/a Drive-In Liquors, 10620 Crain Highway, North, Faulkner, Maryland  20632, is hereby approved contingent upon the applicant presenting a Sales Tax ID #, along with payment of the appropriate transfer fee. (License issued 5/16/13.)

            5.         Preetanjan K. Grewal, Najib Nazmi Bakir, Anup Portside, LLC, t/a Portside Liquors, 6967 Indian Head Highway, Bryans Road, MD  20616 for a transfer of a Class D – Beer, Wine and Spirituous Liquor (on/off sale) alcoholic beverage license from Najib Nazmi Bakir, Bakirs, Inc., t/a Portside Liquors, 6967 Indian Head Highway, Bryans Road, Maryland  20616.  Robert Antonetti, Jr., Esquire, entered his appearance on behalf of the applicant and filed a request for a continuance until the next hearing date, June 13, 2013.  Upon a motion duly made, seconded and unanimously carried, the matter was continued.  

            6.         Rebecca Lynn Pender, Kara Anne Pender, PEPRLP, LLC, t/a Phil’s Place, 5826 Gallant Green Road, Hughesville, Maryland  20637, for a transfer of the Class B - BWL (on sale only) alcoholic beverage license from Rebecca Lynn Pender, Personal Rep. of the Estate of Phillip Eugene Pender, t/a Phil’s Place, 5826 Gallant Green Road, Hughesville, Maryland  20637.  Counsel to the applicant was David Martinez, Esquire.

Testimony was presented by the applicants as to the facts contained in the application, including evidence that applicant Rebecca Pender serves as an authorized person of the LLC, holding a 20% interest, and serving as the resident licensee.  Applicant Kara Anne Pender serves as an authorized person of the LLC, holds an 80% interest, and will be in charge of the day-to-day operation of the licensed premises.  No further change in the operation of the business is contemplated and no opposition to the transfer of this license was presented.  The applicants acknowledged the 12/21/11 Consent Order continues in full effect, and should any change be contemplated they must appear before the Board. 

In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ORDERED, that the application filed on behalf of Rebecca Lynn Pender, Kara Anne Pender, PEPRLP, LLC, t/a Phil’s Place, 5826 Gallant Green Road, Hughesville, Maryland  20637, for a transfer of the Class B - BWL (on sale only) alcoholic beverage license from Rebecca Lynn Pender, Personal Rep. of the Estate of Phillip Eugene Pender, t/a Phil’s Place, 5826 Gallant Green Road, Hughesville, Maryland 20637, is hereby approved contingent upon payment of the appropriate transfer fee. (License issued 5/10/13.)

7.         Show Cause in the matter of the Class B – BWL (on sale only) BLX Luxury Restaurant alcoholic beverage license issued to Milinda L. Ruehl, Tesfa Temelso, Robel T. Yohannes, Harmony Entertainment Goup of Maryland, t/a WOW Cafe & Wingery, 3010 Waldorf Market Place, Waldorf, Maryland  20603.  Board member Wayne Magoon recused himself from this matter due to a conflict of interest.  Counsel to the licensee was Justin Wilde, Esquire, who on behalf of his client acknowledged receipt of the Show Cause Order and admitted to the charges contained therein, i.e., that between the hours of Midnight on Sunday, March 17, 2013, and 0200 hours on Monday, March 18, 2013, Milinda L. Ruehl, Tesfa Temelso, Robel T. Yohannes, Harmony Entertainment Group of Maryland, their agents or employees, allowed that part of their premises where alcoholic beverages are sold or displayed to remain open after the hours of sale for alcoholic beverages, in violation of Article 2B, 11-509.  The licensee, Manager Otis Brown testified as to the mitigating circumstances of the after-hours violation, and the matters for the Board to take into consideration in determining any sanction. Testimony was presented by M/Cpl. Judith Thompson as to the contents of her police report.  This violation is considered a subsequent offense to a matter which was adjudicated before the Board on July 12, 2012, wherein the licensee admitted to the charge that they purchased and/or kept alcoholic beverages obtained from someone other than a licensed wholesaler, and the alcoholic beverage license was suspended for a period of 3 days and that 2 of the 3 days were held in abeyance for 3 years, and the licensee was fined $500. 

            Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the alcoholic beverage license be suspended for a period of 5 days, with 2 of the 5 days held in abeyance for three years, with the 3 day suspension to begin at opening of business on Saturday, May 25, 2013, conclude at close of business on Monday, May 27, 2013.  It was further ordered, that Milinda L. Ruehl, Tesfa Temelso, Robel T. Yohannes, Harmony Entertainment Group of Maryland, t/a WOW Cafe and Wingery (World of Wings), be fined One Thousand Dollars ($1,000.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners before the license is reissued. 

8.         Duane K. Svites, Deputy Chief State Fire Marshal, Commander, Southern Region, appeared before the Board and made a presentation detailing his duties and responsibilities in relation to licensed establishments. 

9.         The Board reviewed the draft amendments to the Charles County Board of License Commissioners Rules and Regulations governing Outside Special Exceptions, prepared by Associate County Attorney Matthew Clagett.  The members complimented Mr. Clagett on the proposed changes, took the matter under advisement with the request that the members provide their written comments to Mr. Clagett by e-mail within 7-10 days.  Mr. Clagett will then compile all of the suggested changes and present to the Board at their next meeting.

10.       Beverly A. Howe, Howe, LLC, t/a Ape Hanger’s Bar and Grill, 9100 Crain Highway, Bel Alton, MD  20611, to amend their 1998 Consent Agreement for outside consumption of alcoholic beverages, to allow for live music in the defined outside area.  Counsel to the licensee was Ed Myer, Esquire.  The licensee testified as to the outside "special exception" area, described in Applicant Exhibit B as the outside fenced in area measuring approximately 71’ x 79’.  In addition to the testimony submitted, the Applicant presented the following Exhibits:

Applicant Exhibit A – Listing of 9 events scheduled beginning 5/25 through 10/26/13.

Applicant Exhibit B – Diagram/drawing indicating the 78.8’ X 71.1’ “Back Area”

Applicant Exhibit C – A more detailed diagram/drawing of enclosed area.

Applicant Exhibit D, E & F – photographs depicting the enclosed outside area.

The applicant provided certification that they are now in compliance with and have successfully completed an inspection by the State Fire Marshal, and have been rated with a 100 person capacity for the inside of the licensed premises and a 500 person outside capacity; and the Board offered into evidence a copy of the September 3, 1998 letter from then Counsel, H. A. Turner, IV to David N. Hruda, Esq, and attachments, approving the outside Special Exception, with certain conditions, including “that there be no live music in this area” marked as Board Exhibit A.

At 11:08 AM, in accordance with State Government Article §10-508(a)(7) of the Annotated Code of Maryland, the Board recessed to consult with legal counsel.  The Board reconvened at 11:21 PM. 

Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and carried, the Board agreed to amend their 1998 Consent Agreement for outside consumption of alcoholic beverages, including regarding live music which will be allowed in the defined outside area for the dates indicated here and set forth as the first 5 dates and times indicated in Applicant’s Exhibit A, as follows:

            May 25            Memorial Weekend                 3:30 – 7:30 P.M.

            May 26            Ride to Viet Nam Memorial   3:30 – 7:30 P.M.

            June 8              Benefit Hospice House           5:30 – 7:30 P.M.

            June 15            Battle of the Bands                 Noon – 8:00 P.M.

            June 16            Annual Luau                           3:00 – 7:00 P.M.

            Use of the “Tiki Bar” as depicted in Applicant Exhibit F, as a service area for alcoholic beverages is prohibited; and the Licensee agrees to appear at the Board’s July 11, 2013 hearing, whereat the Board and licensee will assess the successfulness of the above scheduled events, whether or not any noise complaints have been lodged and/or investigated, and to consider the granting of any further dates for live music in the defined outside area. 

Subsequent to the hearing, the Licensee sought permission to substitute the June 15 date for June 23, 2013, and the June 16 date for July 13, 2013.

11.       Michael Harper, Chairman, Board of Trustees, American Legion Randolph Furey, Post 170, appeared representing licensees:  Louis J. Cooper, Joel P. Taylor, and Kitt Harrison, for an Outside Special Exception to expand their licensed premises to include outside service and consumption of Beer, Wine and Liquor upon the licensed premises property, on 30 separate dates - beginning May 4 through October 5.  The Board noted that it would be unlikely to grant a 1-day Outside Special Exception for all of the dates listed in the written request or approve request for a permanent Consent Order for the entire outside area.  The Board further noted that as events are being proposed for virtually every weekend through October 5, 2013, and that the licensee is a bona fide non-profit entity, the licensee would likely qualify for a Class C – Non-Profit Club alcoholic beverage license.  The Board urged the licensee to re-consider making application for a transfer from their Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license to a Class C license, which would allow the consumption of alcoholic beverages “…on property owned by the club or bona fide nonprofit organization, and is used exclusively for social functions or business of the club or organization.” making the need for the Outside Special Exception or Consent Order unnecessary. 

            Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the application be approved only on the following dates, as described on the record as:         

~  June 1, 2013, for a Crabfeast, in an area defined as the “small picnic area,” with alcohol purchased inside only but allowed to be consumed outside; and

~  June 8, 2013, for a Fishfry, in an area defined as the “small picnic area,” with alcohol purchased inside only but allowed to be consumed outside; and it is further

The Board further ordered that the licensee consider filing an application for transfer to a Class C – Beer, Wine & Liquor (on sale only) Non-Profit Club alcoholic beverage license.

12.       Upon a motion duly made, seconded and unanimously carried, the Board approved the late renewal application for the Class B - BWL (on sale only) alcoholic beverage license issued to Liyin Cheng, Great Wall of Waldorf Cheng Corporation, Inc., Great Wall Restaurant, 1302 Smallwood Drive, Waldorf, Maryland 20603, and the change of trade name to “Joe’s Noodle House,” along with the appropriate license fee and $500 late filing fine.

13.       Upon a motion duly made, seconded and unanimously carried, the Board approved the late renewal application for the Class B - BWL (on sale only) alcoholic beverage license issued to Walter Lee Nash, Sr., Margaret Hodo Nash, Lefty’s Barbecue Unlimited, Inc., t/a Lefty's Barbecue, 2064 Crain Highway, Waldorf, Maryland 20601, along with the appropriate license fee and $500 late filing fine.

14.       The clerk shared an update from Mr. Mudd regarding the new Class B – BWL (on sale only) alcoholic beverage license approved for Sean Bradford Early, Ashley Sanna Barbee, Trail Head Tavern, LLC, t/a Trail Head Tavern.  The applicant initially appeared before the Board on December 13, 2012.  The premises is expected to open “no later than March 15, 2013. Commercial alteration permit was applied for on December 10, 2012, just approved 3/13.  Applicant requests additional two months before opening.  

15.       M/Cpl. Judith Harman shared the Monthly Compliance Report.  Two compliance checks were conducted since the last report, with Captain Billy’s Crabhouse, Pope’s Creek, having passed.

16.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the April 11, 2013 hearing.

17.       The Clerk provided the Board with a copy of the Maryland Association of Licensing Administrators Conference Agenda. 

With no further business, the meeting adjourned at 2:00 P.M.  The next meeting is scheduled for May 9, 2013.

___________________________________

Lisa Bailey, Clerk