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Charles County, Maryland

Minutes

Minutes
Thursday, September 8, 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, Steve Lowe, and Linda J. Warren.  Also appearing in support of the Board were Associate County Attorney Matthew Clagett; Lisa Bailey, Clerk/Recording Secretary; M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator. 

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

Indian Head Moose Lodge, by John Carlson, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only on October 15, 2016 from 3-8 PM at Indian Head Village Green, for a joint fundraiser with Accokeek Fire Department, with approximately 300 people expected to attend.

Humane Society of Charles County, by Shara Hendler.  Appearing on behalf of the applicant was Starla Raiborn and Nathaniel Boan, for a 1-day temporary alcoholic beverages license to sell/serve Beer Only on October 9, 2016 from 11 am to 4 pm at the Charles County Fairgrounds for a Mutt Madness fundraiser (previously Bark in the Park) with approx. 1500 people expected to attend.

Empower, by Nicole Tucker and Alicia Perkins, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on September 11, from 6-10 p.m at 109 Post Office Rd., Waldorf, for a fundraiser with approx. 300 people expected to attend.

            2.         M/Cpl. Judith Thompson introduced and the Board welcomed, former Board member Wayne Magoon, recently hired by the Charles County Sheriff as the new part-time alcoholic beverage license inspector.

            3.         Alison Darbie, Ape Hangers, LLC, t/a Ape Hangers Bar & Grill, 9100 Crain Highway, Bel Alton, MD, appeared to present her written request to station a portable beer tub in the enclosed outside area of Ape Hangers Bar & Grill, for 1-day only, on September 11, 2016, from 11 am. - 8pm, for their Country Music Festival, with approximately 400 attendees throughout the day.  Upon consideration of the testimony and evidence set forth at the hearing, the Board approved the request as presented.

            4.         Melissa Gibson, Mark J. Kaiser, Potomac Family Dining Group, LLC, t/a Applebee’s, 3610 Crain Highway, Waldorf, Maryland  20602, appeared 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.  Counsel to the applicant was Leanne Schrecengost, Esq, Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Mark J. Kaiser replaces Kevin Paul Hyland as an officer and license holder on behalf of Potomac Family Dining Group, LLC.  Melissa Gibson continues to serve as resident licensee.  The licensees anticipate no change in the operation of the business.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer as presented, contingent upon payment of the appropriate transfer fee within 30-days of the date of the written order.

            5.         Melissa Gibson, Mark J. Kaiser, Potomac Family Dining Group, LLC, t/a Applebee’s, 10 Shining Willow Way, La Plata, MD 20646, appeared 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, 10 Shining Willow Way, La Plata, MD 20646.  Counsel to the applicant was Leanne Schrecengost, Esq.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Mark J. Kaiser replaces Kevin Paul Hyland as an officer and license holder on behalf of Potomac Family Dining Group, LLC.  Melissa Gibson continues to serve as resident licensee.  The licensees anticipate no change in the operation of the business.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer as presented, contingent upon payment of the appropriate transfer fee within 30-days of the date of the written order.

            6.         Narinder Kaur, AMP Beverages, LLC t/a World Liquors and Fine Wines, 3244 Crain Highway, Waldorf, Maryland  20603, appeared 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.  Counsel to the applicant was David Martinez, Esq.  Testimony was presented by the applicant pertaining to the facts contained in the application which evidences, among other things, that Narinder Kaur is the sole member, holding 100% of the interest in AMP Beverages, LLC, and meets the residency requirements of having resided in Charles County for at least 2 years.  Also testifying in support of the application was Victor Rio, their Manager who testified that he will be responsible for the day-to-day operations of the business.  In addition, the license applicant requested that the pending request to allow the licensee to provide delivery services of alcoholic beverages, transfer to the new license applicant, and remain under consideration by the Board of License Commissioners.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer as presented, contingent upon payment of the appropriate transfer fee within 30-days of the date of the written order.

            7.         Ronald J. Gaines, Brian King, Meek’s Sports Bar & Lounge, LLC, t/a Meek’s Sports Bar, 3242 Old Washington Road, Waldorf, Maryland, 20603, appeared for a new Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license with entertainment.  Counsel to the applicant was Roger Lee Fink, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, which evidences among other things, that Ronald J. Gaines holds an 80% interest in Meek’s Sports Bar & Lounge, LLC and serves as a managing member.  Brian King also serves as a managing member and with a 20% interest in the LLC, and serves as resident licensee.  This venue proposes to operate as a “sports bar” 7-days a week, with the kitchen closing at midnight, with live entertainment, i.e., jazz type bands - in the evenings, with no minors allowed after 8:00 p.m.  The applicants also testified that they will maintain security and all bar staff/servers will be certified by an approved alcohol management program.  The applicants anticipate an opening date of October 1, 2016.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer as presented, contingent upon payment of the appropriate license fee within 30-days of the date of the written order. 

          8.         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.  Counsel to the licensee was Hammad Matin, Esquire.   On behalf of his client, Mr. Matin 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, and offered testimony in mitigation of the charges.  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, with all 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 licensee be fined $750.00, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14-days from the date of the hearing; and that the alcohol enforcement coordinator consider filing criminal charges against the alleged clerk, Rohit Guppta, as all attempts to serve him with a copy of the Show Cause Order and notice of hearing were unsuccessful at the address provided.

            9.         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.  John Constantin appeared and was represented by Isaac McAdams, Esq., who along with server Laura Maria Villegas, 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, with all 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 licensee be fined $750.00; and that the server, Laura Maria Villegas, be fined $50.00, 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 B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Adam DeSales Mudd, Chalak-Politano Waldorf, LLC, t/a Genghis Grill, 2928 Festival Way, Ste. 405, Waldorf, MD 20601.  Counsel to the licensee and server was Gordon Woodward, Esquire, who on behalf of his clients, 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, with one of the 3 days to be held in abeyance for 3 years from the date of the hearing, contingent upon no further violations within 3 years; and, that the 2-day suspension is to begin at opening of business on Tuesday, September 20, 2016, and end at closing of business on Wednesday, September 21, 2016; and, that the licensee be fined $750.00; and that the server, Ward Woodrow Washington, Jr., be fined $50.00; 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. 

            11.       Show Cause in the matter of the Class D-Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Alfred A. Jolliffe, Gilligan's Pier Restaurant, LLC, t/a Gilligan's Pier, 11535 Pope's Creek Rd., Newburg, MD 20664.  At the request of the licensee this matter is continued to the next hearing. 

          12.       Show Cause in the matter of the Class B/BLX (Luxury Restaurant) – Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Santosh Kumar, Kaleab Gizaw, Tana Marie Hill, Kumar Gizaw Enterprises, LLC, t/a WOW Café & Wingery, 3010 Waldorf Market Place, Waldorf, MD 20603.  The licensee, Santosh Kumar and clerk, Krystal Hope Simonds, appeared and acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on July 26, 2016 in violation of Alcoholic Beverages Article §6-304 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, with one of the 3 days to be held in abeyance for 3 years from the date of the hearing, contingent upon no further violations within 3 years; and, that the 2-day suspension is to begin at opening of business on Tuesday, September 20, 2016, and end at closing of business on Wednesday, September 21, 2016; and, that the licensee be fined $750.00; and that the server, Krystal Hope Simonds, be fined $50.00; 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. 

            13.       Show Cause in the matter of the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale) alcoholic beverage license issued to Terry Louise L. Barrett, Reed Smoot Nibley, Jr., Black, Inc., t/a Chili's Southwest Grill & Bar, 2960 Festival Way, Waldorf, MD 20601.  The server Jamie Lynn Burch, and licensee Reed Smoot Nibley, Jr., along with his counsel, Isaac McAdams, Esq., appeared and acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on July 26, 2016, in violation of Alcoholic Beverages Article, § 6-304 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, with all 3 days to be 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 $750.00; and that the server, Jamie Lynn Burch, be fined $50.00; 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. 

            14.       Legislative update.  The clerk provided the Board members with a copy of their written legislative request setting forth the two proposals they approved at their August hearing.  With the exception of the chairwoman, who will be out of town, the Board agreed to attend the County Commissioners Public hearing on Tuesday, September 13, 2016, to present their legislative proposals and to answer any questions the County Commissioners or attendees may have.

            15.       M/Cpl. Judith Thompson presented her compliance report, and the Board congratulated the following 23 of 30 licensees who passed a Compliance inspection since the August hearing:

1.  Captain Billy’s Crabhouse, Pope’s Creek

2.  Dan’s Store, Newburg

3.  Capt. John’s Crabhouse, Cobb Island

4.  Cobb Island Market, Cobb Island

5.  The Rivah, Cobb Island

6.  The Scuttlebutt, Cobb Island

7.  Red Top, Faulkner

8.  Casey Jones Restaurant

9.  Outback Steakhouse, La Plata

10.  Village Liquors, Waldorf

11.  Double Eagle Tavern, Waldorf

12.  Goldmine Saloon, Waldorf

13.  Babe’s Boys Tavern, Waldorf

14.  Bud’s Liquors, Waldorf

15.  Szechuan Garden Restaurant, Waldorf

16.  Cheers, Waldorf

17.  Mexico Restaurant, White Plains

18.  Aqualand Marina Ships Store, Newburg

19.  Riverboat on the Potomac, Colonial Bch

20.  Tim’s II @ Fairview, Fairview Beach

21.  Pisgah General Store, Pisgah

22.  Grinder’s Liquors, Marbury

23.  Mutt’s Market, Indian Head

24.  Grinder’s Seafood, Indian Head

25.  Berry Country Market

 

 

 

            16.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the July, 14, 2016 hearing.

 

With no further business the meeting adjourned at 3:35 p.m.

                                                                            /s/

                                                     ____________________________________

                                                                  Lisa Bailey, Clerk