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Charles County, Maryland

Minutes

Minutes
Thursday, June 13, 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, Wayne Magoon, and William B. Young.  Thomasina Coates was excused due to a work commitment.  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:

Rotary Club of Charles County (La Plata) Maryland, Inc., by Jamie Reidy.  Appearing on behalf of the applicant was David Gehris, for a 1-day temporary alcoholic beverage license to sell Beer Only at the Charles County Fairgrounds on September 29, 2013 from Noon to 6 p.m., for a fundraiser with approximately 1700 people expected to attend.-   need /s/ of property owner (Fairboard)

Charles County Crime Solvers, Inc., by:  Steve Lowe, for a 1-day temporary alcoholic beverage license to sell Beer only at the White Plains Golf Course, on September 17, 2013 (rain date 9/18) from 9 a.m. to 5 p.m. for a fundraiser with approx. 130 people expected to attend.

Education Association of Charles County, by:  Elizabeth Brown, President, for a 1-day temporary alcoholic beverage license to sell Beer Only at the Charles County Fairgrounds, on August 16, 2013 from 3 to 8:00 p.m, for a “Welcome Back” celebration for teachers with approximately 400 people expected to attend.

2.         Jae Hyung Yoon, DKC Liquors, Inc., t/a Westlake Liquors, 1182 Smallwood Drive, Waldorf, Maryland  20603, appeared 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.  Counsel to the applicant was John Mudd, Esquire. Testimony was presented by the applicant as to the facts contained in the application, including evidence that the applicant holds a 20% interest in DKC Liquors, Inc., serves as sole officer, and meets the residency requirements.  The corporate entity remains DKC Liquors, Inc., with Jung Woo Choi continuing as a (non-licensee) stockholder with an 80% interest in the corporation.  Any previously accumulated violations will remain with the licensee.  No one other than the applicant has a pecuniary interest in the business.  No further change in the operation of the business is contemplated and no opposition to the change of officer of this license was presented.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

3.         Preetanjan K. Grewal, Najib Nazmi Bakir, Anup Portside, LLC, t/a Portside Liquors, 6967 Indian Head Highway, Bryans Road, MD  20616, appeared 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.  Counsel to the applicant was Robert Antonetti, Esquire.  Testimony was presented by the applicant as to the facts contained in the application, including evidence that Preetanjan K. Grewal serves as a managing member, holding a 30% interest in Anup Portside, LLC.  Najib Nazmi Bakir, serves as a managing member holding a 20% interest, and also serves as resident licensee.  In addition, Kuljit S. Brar, serves as a member only (non-licensee), and holds the remaining 50% interest in Anup Portside, LLC.  No one other than the applicant has a pecuniary interest in the business.  No further change in the operation of the business is contemplated.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon satisfaction of all outstanding issues with the Comptroller, Health Permit, Use & Occupancy Permit, State Tax Identification No., Workers’ Compensation certification, along with payment of the appropriate transfer fee, within 60 days of the June 13, 2013 hearing.

4.         Gulabbhai Mangubhai Mistry, Bud’s Liquors, Inc., t/a Bud’s Liquors, 2539 Old Washington Road, Waldorf, Maryland  20601, appeared for a transfer of a Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license from Jaymin Sarvadaman Pandya, Bud's Liquors, Inc., t/a Bud's Liquors, 2539 Old Washington Road, Waldorf, Maryland  20601.  Counsel to the applicant was John F. Mudd, Esquire.  Testimony was presented by the applicant as to the facts contained in the application, including evidence that Gulabbhai Mangubhai Mistry replaces Jaymin Sarvadaman Pandya as the sole officer and resident licensee of Bud’s Liquors, Inc., holding a 20% interest in the corporation.  Javanikaben Baladevbhai Patel serves as a stockholder only (non-licensee), and holds the remaining 80% interest in Bud’s Liquors, Inc.  No one other than the applicant has a pecuniary interest in the business.  No further change in the operation of the business is contemplated.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

5.         Faustine Yvette Robinson, Awanda Michelle Williams, Robinson & Williams Enterprises, LLC, t/a Deja Blu, 9425 Berry Road, Waldorf, Maryland, 20603, appeared for a new Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license.  Counsel to the applicant was Roger Lee Fink, Esq.  Testimony was presented by the applicants as to the facts contained in the application, including evidence that Faustine Yvette Robinson and Awanda Michelle Williams are each managing members, each hold a 50% interest in Robinson & Williams Enterprises, LLC, and each meet the residency requirements having and continuing to reside in Charles County, Maryland for at least the past two years.  No one other than the applicants have a pecuniary interest in the business.  It is the applicants’ intention to initially open as a package goods store, with the bar and restaurant portions of the premises to be phased in.  The bar is expected to open within 30 days of the issuance of the license, then the restaurant - opening no later than December, 2013. This application does not contemplate the use of any outside service or consumption area.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon filing of a Use & Occupancy Permit, and payment of the appropriate license fee (license issued 6/18/13); and, it was further ordered that the licensee submit the appropriate permits, including an amended Health Permit to operate the bar portion of the business within 30 days of 6/18/13; and that the licensee submit the appropriate permits, including a further amended Health Permit to operate the restaurant, for the final phase to be completed no later than December, 2013.

6.         Donald Scott Creelman, Matthew J. Wickesburg, Gretchen L. Drury, Hooter's of Waldorf, LLC, t/a Hooter's, 3600 Crain Highway, Waldorf, Maryland  20602, for a transfer of the Class B-Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license from B. J. (Betty Jane) Creelman, Matthew J. Wickesberg, Gretchen L. Drury, Hooter's of Waldorf, LLC, t/a Hooter's, 3600 Crain Highway, Waldorf, Maryland  20602. Matthew J. Wickesburg and Gretchen L. Drury, the continuing officers were excused from appearing at the hearing as they reside out of state and had a conflict.  Counsel to the applicant was Charles E. Brooks, Esq.              Testimony was presented by the applicant as to the facts contained in the application, including evidence that the applicant, Donald Scott Creelman has applied to replace B.J. Creelman as an officer/resident licensee, holding a 20% interest in Hooters of Waldorf, LLC. The remaining officers will continue to serve as licensees.  No further change in the operation of the business is contemplated and no opposition to the change of officer of this license was presented.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon payment of the appropriate transfer fee.

7.         Thomas Avallone, Todd Chase, Mary Kathryn Faber, BUCA (SPGGROUP), LLC, a Florida limited liability company, t/a Buca Di Beppo – St. Charles, St. Charles Towne Center, 11110 Mall Circle, Room G01A, Waldorf, Maryland  20603, for a new Class B – Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license.      At the request of Counsel to the applicant, Leanne Schrecengost, Esq., this matter was continued to the next hearing date, July 11, 2013. 

8.         Gerald D. Elliott, Ryan T. Elliott, Susan A. Barnes, Crown Beverages, LLC, t/a World Liquors and Fine Wines, 3244 Crain Highway, Waldorf, Maryland  20603, for a transfer of a Class A – Beer, Wine & Liquor (off sale) Package Goods alcoholic beverage license from Grum Arega, Bayou Enterprises, LLC, t/a World Liquors, 3244 Crain Highway, Waldorf, Maryland  20602.  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 each applicant is authorized to do business on behalf of the limited liability company, with Gerald D. Elliott holding a 34.5% interest, Ryan T. Elliott holding a 44.5% interest, and Susan A. Barnes, serving as resident licensee and holding the final 21% interest.  No one other than the applicant has a pecuniary interest in the business, and no further change in the operation of the business is contemplated.  No one in attendance was opposed to the granting of this license.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon filing of a Use & Occupancy Permit, Deed and/or Lease Agreement (at the conclusion of settlement), and payment of the appropriate transfer fee.

9.         Show Cause in the Matter of a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Guy E. Booth, Timothy A. Bauckman, Nicholas B. Thompson, Crabmandoo Water Sports, Inc., t/a Tim’s II at Fairview, 5411 Pavilion Drive, Fairview Beach, Virginia 22485, alleging sale to an underage person.  Licensee Guy E Booth appeared and was represented by John F. Mudd, Esq., who on behalf of his client acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation contained in the Show Cause Order.  The server/clerk Kenneth Ward Walker, also appeared and admitted to the violation. Testimony was presented by M/Cpl. Judith Thompson as to the contents of her police report.  Further testimony was presented by the licensee as to the circumstances involving this sale, their training policies, bonus policy and prior “passes” of compliance checks over the past several years. Kenneth Ward Walker also testified as to the circumstances of the sale and training received.  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 3 days, two of which are to be held in abeyance for three years, with the suspension to begin at opening of business on Monday, June 17, 2013 and end at close of business Monday, June 17, 2013.  The Board further ordered that the licensee(s) be fined Seven Hundred Fifty Dollars ($750.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners prior to the reinstatement of the license (Paid 6/18/13); and that the server, Kenneth Ward Walker, be fined One Hundred Dollars ($100.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30-days of the date of the written Order.

10.       The clerk provided the Board with a copy of correspondence from VSI of Maryland, Inc., t/a Centerplate (So Md Blue Crabs) notifying the Board of a change of corporate (additional) officers for VSI Maryland, Inc., (change does not affect license).

11.       The clerk provided the Board with a copy of the Limited Consent Order signed by Beverly A. Howe, Howe, LLC, t/a Ape Hanger’s Bar and Grill, 9100 Crain Highway, Bel Alton, MD  20611.  Ms. Howe is due to appear at the July hearing, to review the Limited Consent Order and to consider additional dates for outside live entertainment.

12.       The clerk provided an copy of correspondence from Mr. Mudd re 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 BOLC 12/13/12, and are advising that they have “…finally secured permits to complete the tavern and are [sic] almost 80 percent done with our build out…hope to be completed in less than 30 days”  Board granted 60-day extension at May hearing.

13.       Budget approval FY2014 – Please note CCrs approved budget in the amount of $236,700.  Revenue collected for FY13 to date is $169,400 in fees; and $8,950 in fines.  For FY12 the Board collected $167,216 in fees; and $18,275 in fines.  The Board is willing to consider an increase in license fees, which will require amendments to the Annotated Code of Maryland, and if approved, will not take effect until May 2015, and instructed the clerk to research license fees in other jurisdictions.

14.       M/Cpl. Judith Thompson provided the Board with a copy of the June Compliance Report, evidencing 6 of the 8 premises inspected, passed a (re-check) compliance check.  The Board congratulated the following licensees:

1.         Lady’s Liquors (La Plata)

2.         Portside Liquors, Bryans Road

3.         Big B Liquors, Bryans Road

4.         Angelo’s Liquors, Waldorf

5.         Buffalo Wild Wings, Waldorf

6.         Red, Hot & Blue, Waldorf

           

15.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the May 9, 2013 hearing.

 

With no further business, the meeting adjourned at 12:05 P.M.  The next meeting is scheduled for July 11, 2013.

 

____________/S/____________________

Lisa Bailey, Clerk