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Charles County, Maryland

Minutes

Minutes
Thursday, August 8, 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, Burkey Boggs, Vice Chairman, 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:

Waldorf Moose Lodge by:  Joe Cooksey, for a 1-day temporary alcoholic beverage license to sell/serve Beer only at White Plains Golf Course on September 6, 2013 from 9 a.m. to 4 p.m., (rain date 9/13/13) for their 15th Annual fundraiser with approx. 120 people expected to attend.

Loyola Retreat House by:  Lisa White, for a 1-day temporary alcoholic beverage license to sell/serve Beer only at Loyola Retreat House on September 8 from 2-6 p.m. for their 4th Annual Crab feast fundraiser with approx. 300-400 people expected to attend.

Benedict VFD & RS, Inc., by:  Sean Kerrigan, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor at Serenity Farms, from 8 a.m. to 11 p.m. on August 17, 2013 for their 2nd Annual Corn Hole tournament fundraiser with approx. 100 people expected to attend.

Charles County Chamber of Commerce by Betsy Bruian, Executive Director.  Appearing on behalf of the applicant was Dee Hancock, for two 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor, from 5:30 to 7:30 p.m. on the following dates at the following locations for Chamber Mixers with approx. 100 people expected to attend each event:

September 5, 2013 –   Mattawoman Creek Arts Center

October 3, 2013 -        College of Southern Maryland

DC Air National Guard Top 3 Council, by Senior Master Sergeant Thomas Katt, for a 1-day temporary alcoholic beverage license to sell/serve Beer only, at White Plains Golf Course from 8 a.m. to 3 p.m. on September 16, 2013 for a golf tournament with approx 100 people expected to attend.

 

2.         The Clerk advised of LONDON COURT BEVERAGE CO, Statewide Caterer’s License, Catered Event Certificate and Notice.  James Michael Long, ATV Park - 2 day event to sell/serve Beer only at 11100 Kingston Place, Charlotte Hall, from 7:00 a.m. to 10 pm., October 5 and 6, 2013, for a fundraiser featuring Zombies/Run for Your Lives, with approx 5,000 people expected to attend.

3.         The clerk called Indian Head Volunteer Fire Department & Rescue Squad, Inc., by Nancy Jones for Larry Johnson, for three 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor inside of the Indian Head firehouse, for three Texas Hold’em fundraisers, from 6 p.m. to 2 a.m. on the following dates, with approximately 60 people expected to attend each event:  July 19, 2013; August 16, 2013; and September 20, 2013.  This application was DENIED as to the August 16, 2013 event, as a result of the failure of the applicant to appear.  The September 20, 2013 will be rescheduled to the September 12 hearing date. 

4.         Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Penny C. Flanagan, Claude H. Humbert, II, Riverboat on the Potomac, Inc., t/a Riverboat on the Potomac, Offshore – 301 Beach Terrace, Colonial Beach, Virginia, 22443.  Hammad Matin, Esq., previously entered his appearance on behalf of the licensee and alleged server, and the Board granted his request for a continuance to the September 12 hearing. 

5.         The Board approved the request filed by M. Evan Meyers, Esquire, on behalf of his clients, for an extension of the August 13, 2013 deadline to October 13, 2013 in the matter of the transfer of the 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, to Preetanjan K. Grewal, Najib Nazmi Bakir, Anup Portside, LLC, t/a Portside Liquors at that same address.  The following items remain outstanding, and the matter should be concluded within 90 days:  Outstanding issues w/Md. Sales & Use Tax; Use & Occupancy Permit; State Tax ID #; Workers’ Comp certificate; and $200 transfer fee.

6.         Chairwoman Pamela Smith made the following statement prior to discussion on of the next item: “This matter before the Board is whether or not to grant the requested extension.  This is purely an administrative matter -- it is not a public hearing - and the Board of License Commissioners cannot accept further testimony related to the premises’ location relative to Westlake High School or any other matters pertaining to the sufficiency of its application.”  

The Board approved the request filed by John F. Mudd, Esquire, on behalf of his clients, for an extension of the September 1, 2013 deadline to December 1, 2013 in the matter of the new Class A - Beer, Wine & Spirituous Liquor (off sale only) Package Goods alcoholic beverage license, issued to Ajit Singh Dhaliwal, Aman Singh Dhaliwal, Cheers, LLC, t/a Cheers, 3380 Middletown Road, Suite 101, Waldorf, MD  20603.  The Use and Occupancy Permit and Workers Compensation certification remain outstanding and must be issued before the clerk can issue the new license. 

7.         The Board approved the request filed by Sue A. Greer, Esquire, on behalf of her client, for an administrative extension to allow an additional ten (10) days grace period, in the matter of the pending application for transfer filed by Ole McDonnell, LLC t/a Ole McDonnell Country Store.  This extension allows your Carla McDonnell, Ole McDonnell, LLC to operate under the current alcoholic beverage license while their application for transfer is pending.  This matter will be heard by the Board on September 12, 2013.  

 

8.         LEGISLATIVE WORK SESSION

Chairman Pam Smith made the following statement prior to the beginning of the Legislative Work Session:  “No public testimony will be taken during this legislative work session. However, if any member of the Audience has a suggested Legislative Proposal, please forward your written proposal to our Clerk, Lisa Bailey, by Friday, September 6, 2013.  The public will get an opportunity to comment on all proposals, at a date to be determined.”

Analysis of License Fees.  The Clerk provided the Board members with a copy of a survey of license fees prepared by members of Maryland Alcohol Licensing Associations (MALA).  In this context, the Board also discussed the (re)classification of alcoholic beverage licenses, beginning with Class B licensees in Charles County.  The Board noted that Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage licenses can be separated into different categories to address different “types” of business, i.e., BLX Luxury Restaurant, Restaurant only, Restaurant w/bar area, Tavern, Nightclub, as well as capacity.  An analysis and recommendation for (re)classification according to “type” will also allow the Board to consider a permitting mechanism for premises which host entertainment/party type activities, as opposed to alcoholic beverages being served solely as an accommodation to food.  The clerk and alcohol enforcement officer agreed to work together to come up with proposed language for consideration at the next hearing. 

Posting and Notice Requirements.  The Board asked the Clerk to prepare amendments to their local Rules and Regulations directing that: 

“THE CLERK SHALL NOTIFY IN WRITING, THE BOARD OF EDUCATION AND CHARLES COUNTY PUBLIC SCHOOLS. 

       

            IN ADDITION TO THE POSTING REQUIREMENTS SET FORTH IN ARTICLE 2B, §9-202, IF THE PROPOSED PREMISES IS UNDER CONSTRUCTION OR NOT EASILY ACCESSIBLE TO THE GENERAL PUBLIC, AN ADDITIONAL PUBLIC NOTICE SHALL BE POSTED AT A PERIMITER LOCATION EASILY ACCESSIBLE TO THE PUBLIC, I.E., AT THE ENTRANCE, DRIVEWAY OR CURBSIDE . 

            The Board also asked the Clerk to provide them with an electronic copy of the Board’s Rules and Regulations for review and recommended changes.

Outside Special Exception.  Associate County Attorney Matthew Clagett will continue to work on the draft amendments to the Outside Special Exception Rule to be included in the revised Rules and Regulations.

BLX population requirements 6th Election District.   The Board discussed amending the requirements set forth in Article 2B, §9-209, which requires the calculation of off-sale licenses to be tied to a formula allowing one license with an off-sale provision for every 1,350 people per election district.  The clerk agreed to look into breaking the 6th election district down into precincts and recalculating based on those population estimates. 

 

9.         M/Cpl. Judith Thompson provided the Board with a copy of the July Compliance Report, evidencing 0 inspections.

10.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the July11, 2013 hearing.

With no further business, the meeting adjourned at 12:45 P.M.  The next meeting is scheduled for September 12, 2013.

 

______________/s/_____________________

Lisa Bailey, Clerk