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Charles County, Maryland

Minutes

Minutes
Thursday, August 11, 2016

 

            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, Chairman, Thomasina Coates, Vice Chairman, Guy N. Black and Steve Lowe.  Linda J. Warren was excused.  Also appearing in support of the Board were Associate County Attorney Matthew Clagett, Lisa Bailey, Clerk/Recording Secretary, and M/Cpl. Judith Thompson.  M/Cpl Judith Thompson advised of the resignation of Inspector Greg Kiesel.  The Board thanked Inspector Kiesel for his service and wished him the best in his retirement.

 

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


La Plata Volunteer Fire Dept, by Lynn Gilroy, for three (3) 1-day temporary alcoholic beverage licenses, to sell/serve Beer, Wine and/or Liquor, on August 27, September 24, and October 29, from 7:00 p.m. to 2 a.m., at La Plata VFD, for Texas Hold’em Tournament Fundraisers, with approx. 75-100 people expected to attend each event.

Community Foundation of Southern Md, by Gretchen Hardman/Kyle Murray, for a 1-day temporary alcoholic beverage license to sell/serve Beer only on October 8 from 1-4 p.m., at 12235 Acton Lane, Waldorf, for their 33rd annual fundraiser to benefit the American Cancer Society with approx. 500 people expected to attend.

College of Southern Maryland, by Shaunda Holt, for four (4) 1-day temporary alcoholic beverage licenses, to sell/serve Beer, Wine and/or Liquor, for classes at the following dates/locations, each from 6-9 p.m., with approx. 15 people expected to attend:

            ~ 08/20/16 @ Custom Kitchens and Baths, La Plata for Italian Wines and Appetizers

            ~ 09/22/16 @ Custom Kitchens and Baths, for French Connection

            ~ 10/20/16 @ CSM, For the Love of Chololate

            ~ 10/27/16 @ Custom Kitchens and Baths, Fall in Tuscany

Charles County Chamber of Comerce, by:  Betsy Burian, Ex. Director.  Appearing on behalf of the applicant was Dee Hancock, for three (3) 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine and/or Liquor, during monthly mixers at the following dates/locations, each from 5:30 to 7:30 p.m., with approx. 100 people expected to attend:

            ~  09/01/16 - @ Hospice of Charles County, 2505 Davis Rd, Waldorf

            ~  10/06/16 - @ CSM of Southern MD, La Plata

            ~  11/03/15 - @ Peerless Tech Solutions, LLC, 101 E. Charles St., La Plata

Rotary Club of Charles County (LaPlata), by Chris Simpson, for a 1-day temporary alcoholic beverage license to sell/serve Beer only on October 2, 2016 fom Noon-6pm at the Charles County Fairgrounds for their 41st Annual Lobster Fest fundraiser with approximately 1,000 people expected to attend.

Waldorf Lions Club, by Michael F. McGuigan, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine and/or Liquor, on September 24, from 11:30 – 4:30 p.m., at the Charles County Fairgrounds for the1st Annual Sportsman Bash to benefit Charles County Ducks Unlimited & the Waldorf Lions Club, with approximately 500 people expected to attend.

St Joseph’s Church, by John Mitchell & Judy Prinkey.  Appearing on behalf of the applicant was Carolyn and John Mitchell, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine and/or Liquor on October 16 from 2-5 p.m. inside the church hall for a church picnic/fundraiser with approx. 500 people expected to attend.

 

2.         Paul Bales, Culinary Concepts, LLC, t/a Casey Jones, appeared with a request to re-define Casey Jones licensed premises to include a defined outside area on Saturday, October 1, 2016 for the 3rd Annual Rocktoberfest 2016 Music Festival, in accordance with their written request and drawing dated June 6, 2016.  Cindy Taught , La Plata Business Association, also appeared in support of the request.  Upon consideration of the written request and testimony presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the request.

3.         Narinder Kaur, AMP Beverages, LLC t/a World Liquors and Fine Wines, 3244 Crain Highway, Waldorf, Maryland  20603, for a transfer of the Class A – Beer, Wine & Liquor (off sale only) Package Goods from Gerald D. Elliot, Ryan T. Elliot, Susan A. Barnes, Crown Beverages, Crown Beverages, LLC, 3244 Crain Highway, Waldorf, Maryland  20603.  At the request of the licensee this matter was continued to September 8, 2016. 

4.         Melissa Gibson, Mark J. Kaiser, Potomac Family Dining Group, LLC, t/a Applebee’s, 3610 Crain Highway, Waldorf, Maryland  20602, for a transfer of the Class B/BLX – Beer, Wine & Liquor (on sale only) BLX (Luxury Restaurant) alcoholic beverage license from Melissa Gibson, Kevin Paul Hyland, Potomac Family Dining Group, LLC, t/a Applebee’s, 3610 Crain Highway, Waldorf, Maryland  20602.  This matter was continued to September 8, 2016 to allow for the publication and positing of the Applebee’s – La Plata transfer application. 

5.         Show Cause in the matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Jagdeep Singh, Indian Corporation, Buddy's Liquors, 4611 Indian Head Hwy, Indian Head, MD 20640, dated July 27, 2016.  The licensee appeared and was represented by Hammad Matin, Esq., as did the clerk, Darell Leon Dyson, both acknowledged receipt of the show cause order, and admitted to providing service to an Approved Underage Person on June 14, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  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 3 days all of which are held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, that the licensee be fined $750; and, that that the server, Darell Leon Dyson, be fined $75, each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the date of the written order.

6.         Show Cause in the matter of the Class A - Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Ashok  Jayant Kavi, Kavi, Inc., t/a The Liquor Store, 100 Smallwood Village Center, Waldorf, MD 20602 dated July 27, 2016.  The licensee and clerk appeared and acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on June 15, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  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 issued to Ashok Jayant Kavi, Kavi, Inc., t/a The Liquor Store, be suspended for 3-days, all of which are held in abeyance for 3 years from the date of the hearing, contingent upon no further violations within 3 years from the date of the written order; and, that the licensee be fined $500, payable to the Charles County Treasurer within 14 days of the written order; and, that the server, Thomas Leonard Melanson, be fined $50, payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 60 days of the date of this written order.

7.         Show Cause in the matter of the Class A - Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Mark A. Larner, Chesapeake Wine Shoppe, LLC, t/a Chesapeake Wine Shoppe, 12030 Jefferson Farm Place, Waldorf, Maryland  20601, dated June 21, 2016.  The licensee, represented by David Martinez, Esquire, and clerk Rakesh Kumar Jayantibhai Patel, appeared and acknowledged receipt of the show cause order, and admitted to providing service to an Approved Underage Person on May 20, 2016 in violation of §12-108 of the Annotated Code of Maryland.  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 3 days, all of which are held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, that the licensee be fined $750, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners before reinstatement of the alcoholic beverage license; and, that the server be fined $100, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the date of the written order. 

8.         Show Cause in the matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Guang Shuang Lin, Foo Lin, LLC, t/a Asiana House of Subs, 2570 Business Park Ct., Waldorf, MD 20601, dated July 27, 2016.  The licensee and clerk, Ting He, appeared and acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on June 17, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland; it is this 11th day of August, 2016.  Upon consideration of the testimony and evidence submitted, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the alcoholic beverage license be suspended for 3 days, all of which are held in abeyance for 3 years from the date of the hearing, contingent upon no further violations within 3 years; and, that the licensee be fined $750; and, that the server, Ting He, be fined $50; each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the date of the hearing.

9.         Show Cause in the matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Peggy Joyce Thume, Joseph Stephen Thume, Fuego's Latin Grill, LLC, Fuego's Latin Grill, 11481 Berry Rd, Waldorf, MD 20603, dated July 27, 2016; and, the licensee and clerk appeared and acknowledged receipt of the show cause order and admitting to providing service to an Approved Underage Person on June 14, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  In 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 issued to Peggy Joyce Thume, Joseph Stephen Thume, Fuegos’ Latin Grill, LLC t/a Fuegos’ Latin Grill, be suspended for 3 days all of which are held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, that the licensee be fined $750; that the server, Blanca Neli Marin Murillo, be fined $50, each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the date of the written order.

10.       Show Cause in the matter of the Class D – Beer, Wine (On/off), Liquor (off sale only) alcoholic beverage license issued to Darshini Patel, Diane Shelton, Mary's LLC, t/a Lady's Liquors, 6474 Crain Highway, La Plata, Maryland  20646, dated June 21, 2016.  Hammad Matin, Esq. appeared on behalf of the licensee, who acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on May 20, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  In 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 issued to Darshini Patel, Diane Shelton, Mary’s LLC, t/a Lady’s Liquors, be suspended for 3-days, with 2 of the 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violations within 3 years; and that the suspension is to begin at opening of business on Monday, August 22, 2016, and end at close of business Monday, August 22, 2016; and, that the licensee be fined $750, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners before reinstatement of the alcoholic beverage license.

11.       Show Cause in the matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Abhi Aggarwal, Pooja & Payal, LLC, t/a 925 Liquors, 2795 Old Washington Rd., Waldorf, MD 20604.  At the request of the licensee this matter is continued to September 8, 2016. 

12.       Show Cause in the matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to John Constantin, Kathy Constantin, Destine, Inc., t/a Hard Times Café & Cue. 1120 Smallwood Dr. West, Waldorf, MD 20603.  At the request of the licensee this matter is continued to September 8, 2016.

13.       Legislative Work Session:  The clerk shared that Dennis Nguyen telephoned the clerk yesterday to request an application to obtain an alcoholic beverage license which would allow him to offer his customers wine at his spa type business, and shared this inquiry to ascertain whether or not the Board is interested in proposing legislation to create a new class of license as an accommodation to a spa/service/client-type businesses which would allow service of wine only to their customers.  Appearing on his behalf at the hearing was Roberta Campbell, Manager at The Golden Lounge.  The Board declined to endorse the proposal at this time, however, asked Ms. Campbell to submit a written request to research this matter to determine whether or not this issue may be considered as a legislative initiative in the future.

            The Board discussed their policy to assess a ‘3 years’ limitation when determining whether or not a licensee can be assessed a penalty as a subsequent offense.  Upon a motion duly made, seconded and unanimously carried, the Board removed the 3-year limitation policy, and asked that the clerk and alcohol enforcement advise them of all past violations.

            Upon a motion duly made, seconded and unanimously carried, the Board directed that the following two legislative proposals to amend the Alcoholic Beverages Article of the Annotated Code of Maryland be forwarded to the County Commissioners in consideration of the Charles County Citizens’ 2017 Preliminary Legislative Package:

A proposal to add Alcoholic Beverages Article, §18-1904 – Charles County - Alcohol Awareness Certification would require that the licensee, or a person in a supervisory position and designated by the licensee, must be on site whenever alcoholic beverages are sold.  Current law generally requires that at least one licensee or a designated employee maintain certification from an approved alcohol awareness training program.  Although the Board strongly recommends that anyone who is involved in the sale and/or service of alcoholic beverages, maintain their alcohol training certification, there is no legal requirement that a certified licensee, supervisor, or person be on site at all times.  If this proposal were to pass, Charles County would join Caroline, Frederick, Harford, Howard, Kent, Montgomery, Washington, Wicomico, and Worcester to become the tenth County set forth in the Annotated Code to require a licensee or person in a supervisory position be certified by an approved alcohol management program and be on premises at all times when alcoholic beverages are sold.

A proposal to amend the penalty provision of Alcoholic Beverages Article, §18-2702(c), which proposes to remove the $750 fine cap for a first offense for selling alcoholic beverages to an underage person.   The general provisions for imposition of a fine would remain at a maximum of $2,500 in accordance with Alcoholic Beverages Article §18-2802. 

            The clerk also advised that the public hearing to present the proposals is scheduled for September 13, 2016 at 6:00 PM, in the County Commissioners meeting room and that a representative of the Board of License Commissioners needs to be in attendance to present the proposals and to answer any questions the County Commissioners or attendees may have.

 

14.       The Board approved a request from Christie Welch, Jacqueline Wise, AABC Enterprises Corp., t/a Urban B-Que, La Plata, 13 Shining Willow Way, La Plata, MD, for a 30-day extension to August 31.  New Class B/RB license approved by BOLC on May 12 contingent upon Health & U&O by July 30.

15.  The clerk shared an e-mail she received from Ms. Kathryn Weaver, a representative of Charity Carrousel, Inc., regarding Charles County Food & Wine Festival, scheduled for Saturday, October 15, 2016 from 10 am to 7 pm at Regency Stadium with 5,000 people expected to attend.  By return e-mail the clerk responded that she had researched the matter and “… found the following excerpt from the Board’s June 11, 2015 Minutes, where they discussed last year’s event.  As you can see, the Board did not issue a temporary permit to Charity Carrousel, Inc…” and asked if the circumstances for the event this year, the same as they were in 2015?  Ms. Weaver responded that they were, and that a letter from the Stadium was forthcoming.  Ms. Weaver further responded that the wineries will be participating under their own off-site permit.  The clerk advised that, under those circumstances a temporary alcoholic beverages permit is not required. 

16.       M/Cpl. Judith Thompson presented her compliance report, and the Board congratulated the following 20 of 27 licensees who passed a Compliance inspection since the July hearing:

1.  Thai Flavor Restaurant, Waldorf

2.  Skura Japanese Steak & Seafood House

3.  Big Mouth Beer, Wine & Spirits

4.  Bobby Rucci’s Famous Italian Deli

5.  Nick’s of Clinton, Waldorf

6.  Outback Steakhouse, Waldorf

7.  Acton Liquor Store, Waldorf

8.  Longhorn Steakhouse, Waldorf

9.  Ruby Tuesday, Waldorf

10. Westlake Liquors, Waldorf

11.  Applebee’s, Waldorf

12.  Hooter’s, Waldorf

13.  Shymansky’s Marina, Cobb Island

14.  The Green’s Wine & Spirits, Bel Alton

15.  Carrabba’s Italian Grill, Waldorf

16.  Famous Dave’s, Waldorf

17.  Kodori Korean & Japanese Restaurant

18.  Commerce Liquors, Waldorf

19.  Taqueria Los Compadres, Waldorf

20.  Whitney’s Liquors, Waldorf

17.       M/Cpl. Judith Thompson presented the compliance program Quarterly Report, for the 1st & 2nd quarter 2016, reflecting inspections, pass/fail rates, hours, money expended and fines.

18.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the June 9, 2016 hearing.

 

            With no further business the meeting adjourned at 4:30 p.m.

 

 

                                                                                    ___________/s/______________________

                                                                                    Lisa Bailey, Clerk