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Charles County, Maryland

Minutes

Minutes
Thursday, October 13, 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 M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator; Wayne Magoon, Alcohol Enforcement Inspector; 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:

Indian Head Center for the Arts, by: John D. Hungerford, Esq.  Appearing on behalf of the applicant was Pam Frank, for thirteen (13) temporary alcoholic beverage licenses, to sell/serve BWL at the Black Box Theatre, on the following dates, from 6 pm to 11 p.m. for fundraising events, with 50-75 people expected to attend each event: October 15, 28 & 29; November 4, 5, 12, 18, 19; and December 2, 3, 9, 10, 17.

Wine Diva/FOP #24, by Mary Jane Cupples.  Appearing on behalf of Ms. Cupples was Terrance Brown, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only on October 21, from 1-5 p.m. at White Plains Golf Course for a fundraiser with approximately 70 people expected to attend.

Cobb Island VFD & EMS, Inc., by Cindy M. Pilkerton.  Appearing on behalf of the applicant was Bill Lawman, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only on Sunday, November 6, from Noon – 5 pm, in a defined area Inside & Outside the Cobb Island VFD & EMS, for their annual Oyster & Ham Dinner fundraiser with approximately 600 people expected to attend throughout the day.

            2.         Lisa Ann Shumaker, UNME, LLC, t/a Huntt’s Tavern, 6520 Bensville Road, Pomfret, Maryland  20675, appeared for a transfer of a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license with Entertainment, from Kevin Kling, Line-X Effects, LLC, Huntt's Corner Tavern, 6520 Bennsville Rd., Pomfret, Maryland 20675.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicant pertaining to the facts contained in the application which evidences, among other things, that Lisa Ann Shumaker is the sole member, holding 100% of the interest in UNME, LLC, and meets the residency requirements of having resided in Charles County for at least 2 years.  Ms. Shumaker further testified as to her hours of operation; that she has hired a manager to operate the day-to-day business - however, she will be on-site several times a week; has implemented a 100% ID check policy; and that all employees involved in the sale and/or service of alcoholic beverages will be certified by an approved alcohol training program.  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. 

            3.         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 was continued to November 11, 2016.

            4.         Show Cause in the matter of the Class B (Stadium) – Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to James Joseph Gorney, Darren Scott Hubbard, Nicholas Biello, V.S.I. of Maryland, Inc. t/a Centerplate, 5375 Piney Church Rd., Waldorf, MD 20602.  Licensee Nicholas Biello, represented by David J. Martinez, Esq., and server Michelle Louise Downs, appeared and acknowledged receipt of the show cause order, and admitted to providing alcoholic beverages service to an Approved Underage Person on July 22, 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 held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, that the licensee be fined $1,500.00; and that the server, Michelle Louise Downs, 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.    

            5.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale) Package Goods alcoholic beverage license issued to Edward J. Kim, Ki Ki Leung, EKM, Inc., t/a Angelos Liquors, 187 St. Patrick's Dr., Waldorf, MD 20603 dated September 16, 2016.  Licensee Edward J. Kim, represented by Isaac McAdams, Esquire, and server Renee Antionette Williams, appeared and each acknowledged receipt of the show cause order and admitted to providing alcoholic beverages service to an Approved Underage Person on August 8, 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 held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, that the 2-day suspension begin at the opening of business on Tuesday, October 18, 2016 and end at the close of business on Wednesday, October 19, 2016; and that the licensee be fined $1,000.00, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the hearing; and, that no fine be assessed upon the newly hired server, Renee Antionette Williams, as the licensee failed to provide adequate training and/or oversight.

           6.         Show Cause in the matter of the Class B/RB-BWL (on sale) alcoholic beverage license issued to Walter Lee Nash, Margaret Hodo Nash, Lefty's Barbeque Unlimited, Inc., t/a Leftys BBQ, 2064 Crain Hwy, Waldorf, Md 20601, dated September 16, 2016.  Licensees Walter Lee Nash and Margaret Hodo Nash, appeared and acknowledged receipt of the show cause order  and admitted to providing alcoholic beverages service to an Approved Underage Person on July 22, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Attempts to serve a copy of the Show Cause Order and notice of hearing upon the alleged server, Kelly Amber Nost, were unsuccessful.  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; that the licensee be fined $500, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the hearing.  The Board further suggested that the alcoholic beverages coordinator, M/Cpl. Judith Thompson, consider filing criminal charges against the alleged server, Kelly Amber Nost.

           7.         Show Cause in the matter of the Class B/RB-BWL (on sale) alcoholic beverage license issued to Asimina Louise Gressis, Ouzo's Greek & Regional Cuisine, Inc., t/a Galazio Restaurant, 6223 Crain Hwy, LaPlata, MD 20646.  Licensee Asimina Louise Gressis, and server Ravneet Kaur Dhami, appeared and acknowledged receipt of the show cause order, and admitted to providing alcoholic beverages service to an Approved Underage Person on August 12, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Also appearing on behalf of the licensee was Joseph Gressis, Victoria Tonnoi, and the entire staff of the licensee, in support of the owner and management of Galazio Restaurant.  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; and, that the licensee be fined $500.; and that the server, Ravneet Kaur Dhami, 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. 

            8.         Show Cause in the matter of the Class B/R-BWL (on sale) alcoholic beverage license issued to Scott Allen Sager, Twin K Venture, LLC, t/a Texas Ribs-Twin Kiss, 7415 Crain Hwy, La Plata, MD 20646.  At the request of the licensee this matter was continued to November 10, 2016.

            9.         Show Cause in the matter of the Class B/R-BWL (on sale) Cheong Chiu Cheng, t/a Golden Star Chinese Restaurant, 3109 Marshall Hall Road, Bryans Road, MD 20616.  At the request of the licensee this matter was continued to November 10, 2016.  At the request of the licensee this matter was continued to November 10, 2016.

          10.       Show Cause in the matter of the Class D-BWL (on/off) alcoholic beverage license issued to Carla McDonnell, Ole McDonnell, LLC, t/a Ole McDonnell Country Store, 15486 Rock Point Rd., Newburg, MD 20664, dated September 16, 2016.  Licensee Carla McDonnell, Ole McDonnell, LLC, appeared and acknowledged receipt of the show cause order and admitted to providing alcoholic beverages service to an Approved Underage Person on August 12, 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 2 of the 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and that the 1-day suspension is to begin at opening of business on Tuesday, October 18, 2016 and end at close of business on Tuesday, October 18, 2016; and, that the licensee be fined $750., made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days of the hearing.  Chairman Smith subsequently approved the licensee’s request to extend the deadline for payment of the fine for an additional 14 days.

            11.       Show Cause in the matter of the Class D-BWL (on/off) ) alcoholic beverage license issued to Brian Joseph Noel, Laura J. Noel, Atlantic Enterprises, Inc., t/a Joe's Groceries and Liquors, 8355 Marshall Corner Rd., Pomfret, MD 20675.  At the request of the licensee this matter was continued to November 10, 2016.

            12.       The clerk advised that Cheung Fui Chan, Nicole D. Chen, Celeste Cunningham, 228 Market & Liquor, LLC, trading as 228 Market, 10965 Berry Rd., Waldorf, MD 20603, concluded renovations, submitted their Use & Occupancy Permit, and (re)opened on September 26, 2016.

            13.       Social @ 228 – Gregory A. McGowan appeared in the matter of the premises trading as The Social@228, LLC, 9425 Berry Rd., Waldorf, MD  20603.  This matter initially appeared before Board on March 10, 2016, for a Class B/RB (Restaurant Bar) BWL (on sale only) with entertainment and an outside service area.  The Board approved a September 30 deadline for the license to be issued.  Applicant McGowan appeared with a request for an extension to December 31.  The County has approved the electrical and framing for the establishment and is moving forward with the build out/renovation of the property.  The applicant provided the Board with a synopsis of the construction requirements and timeline, set forth below by David Martinez, Esquire, on behalf of his clients:

The "live entertainment" component of the establishment is dependent on the installation of a new sprinkler system in the building (based upon the square footage of this location).  The applicant had been unaware of the sprinkler requirement.  Since the July hearing, applicant has hired a sprinkler contractor and a sprinkler plan has been submitted to the fire marshal. That plan is a work in progress with the contractor and fire marshal discussing changes. 

Once that plan is approved there is an additional step as the applicant’s architect (Larry Abell) indicated that they will still have to go through a separate process with the county to get permission to run a new 4inch water line from the county main line at Rt 228 to the restaurant. Apparently, this may take several months. However, it's the applicant’s understanding that upon completion of all other elements (besides sprinkler), that the County will issue a U&O to be able to open as a restaurant without that live entertainment component.  PGM concurs with this assessment.   

The applicant/licensee is anticipating that everything other than the sprinkler system will be completed and hopefully approved by December so we are requesting additional time until December 31st to obtain the U&O.

            Upon a motion duly made, seconded and unanimously carried, the Board approved the extension for the Use & Occupancy permit until December 31, for the restaurant only aspect of the business - without Entertainment.  Thereafter the licensee will continue with efforts in regard to the sprinkler system, and once that is completed and approved by Planning and Growth Management, will notify the Board in regard to the entertainment permission.

            14.       The Board approved the corporate resolution authorizing the removal of Mr. Johnson and a residency affidavit of Mr. Goumis, advising of the removal of Robert E. Johnston, III from the alcoholic beverage license issued to Edem Ventures, LLC, t/a Mamma Stella’s Ristorante Italiano, leaving Mr. Georgos Goumis as qualifying resident licensee, along with Mr. Demetres Goumis. 

            15.       After meeting with Commissioner Amanda Stewart, Mr. Clagett and Ms. Bailey brought a request before the Board, for consideration of an amendment to the Board’s Rules and Regulations which would require a licensee who serves a suspension to be required to post a Public Notice, in a conspicuous place upon the licensed premises for the duration of the suspension, advising of the Board’s finding/decision.  Upon a motion duly made, seconded and unanimously carried, Mr. Clagett agreed to present language for the Board’s consideration at the next hearing.

            16.       The clerk advised that Heather S. Mudd, Robert R. Baldini, Mark D. Mudd, Orpah, Inc., t/a Ruby Tuesday, 11110 Mall Circle, Waldorf, MD 20601 turned in their Class B-BWL (on sale) BLX alcoholic beverage license, as the business closed on August 13, 2016.

            17.       M/Cpl. Judith Thompson presented her compliance report, and the Board congratulated Jimmies Liquors, Hughesville, for being the only one of three licensed premises inspected that passed the compliance inspection.

            With no further business the meeting adjourned at 3:10 p.m.

 

                                                                      ____________/s/______________________

                                                                      Lisa Bailey, Clerk