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Charles County, Maryland

Minutes

Minutes
Thursday, November 10, 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.  Pamela Smith, Chairman was excused.  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:

La Plata Volunteer Fire Dept., by Lynn Gilroy, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on Saturday, November 19, 2016, from 7 p.m. to 2 a.m. inside the LPVFD, for a Texas Hold’em fundraiser with approx. 75-100 people expected to attend.

College of Southern Maryland, by Shaunda Holt, for two 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor from 6:30 – 8:30 p.m. for the following CSM classes on the following dates/locations, each with approx. 15-20 people expected to attend:  Thursday, November 10 - Evening in Paris @ Custom Kitchens and Baths, La Plata; and, Thursday, December 8 – Mosiacs and Wine @ CSM Campus, La Plata.

Charles County Chamber of Commerce, by:  Betsy Burian, Exec. Director.  Appearing on behalf of the applicant was Dee Hancock, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on Thursday, December 1 from 5:30 – 7:30 p.m. inside Southern Solutions, LLC, 101 Catalpa Drive, La Plata, for a fundraiser/mixer with approximately 100 people expected to attend. 

Woodrow Wilson Alumni DC Chapter, by Alicia Perkins and Patrick Goodwin.  Appearing on behalf of the applicant was Alicia Perkins and Heather Dautrich, for two (2) 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on Saturday, November 11, 2016, and Saturday, November 19, 2016, from 9 pm to 2 a.m., inside 109A Post Office Road, Waldorf, (Take a Bow premises) for fundraisers with approx. 300 people expected to attend.

Top Ladies of Distinction, by: Janet Simmonds, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor on Friday, December 2, 2016, from 9 pm to 2 a.m., inside 109A Post Office Road, Waldorf, (Take a Bow premises) for a dance/social fundraiser with approx. 300 people expected to attend.

2.         Show Cause in the matter of the Class B/R (Bar/Restaurant0 Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Cheong Chiu Cheng, t/a Golden Star Chinese Restaurant, 3109 Marshall Hall Road, Bryans Road, MD 20616, dated September 16, 2016. Licensee Cheong Chiu Cheng, and server Xiaoying Zheng, appeared with David J. Martinez, Esquire, who on behalf of his client, Cheong Chiu Cheng, acknowledged receipt of the show cause order, and admitted to providing alcoholic beverages service to an Approved Underage Person on August 15, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Ms. Xiaoying Zheng also acknowledged receipt of the Show Cause Order and admitted to the allegation contained therein.  Also appearing on behalf of the licensee was Samuel Yeung, who was designated by the licensee to serve as interpreter.  Testimony and evidence was presented as to the specific charges contained in the Show Cause Order; the licensee’s alcohol service and training/compliance policy; vertical ID policy; pass/fail history of previous alcohol inspections; and, the economic impact of a possible fine/suspension upon the licensee. 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 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; that the 2 day suspension is to begin at opening of business on Monday, November 14, 2016; and end at close of business on Tuesday, November 15, 2016.  The Board further ordered, that the licensee be fined $1,500.00; and that the server, Ziaoying Zheng, be fined $50.00; each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days.

3.         Show Cause in the matter of the Class D – Beer, Wine (on/off sale) Liquor (off sale only) alcoholic beverage license issued to Amit N. Patel, Mae C. Wade, My Wayside Store, LLC, t/a Wayside Store, 13074 Rock Point Rd., Newburg, MD 20664, dated September 16, 2016.  Licensee Mae C. Wade, and server Dipakkumar Chimanlal Pandya, appeared along with David J. Martinez, Esquire, who on behalf of his client, Amit N. Patel and Mae C. Wade, acknowledged receipt of the show cause order, and admitted to providing alcoholic beverages service to an Approved Underage Person on August 5, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Dipakkumar Chimanlal Pandya also acknowledged receipt of the show cause order, and admitted to the violation contained in the Show Cause Order.  The manager, Tushar Patal, appeared as a witness and offered testimony as to the day-to-day operation of the business.  Testimony and evidence was presented as to the specific charges contained in the Show Cause Order; the licensee’s alcohol service and training/compliance policy; vertical ID policy; their pass/fail history of previous alcohol inspections; and, the economic impact of a possible fine/suspension upon the licensee. 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 5 days, with 2 of the 5 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violations; and, that the 3 day suspension is to begin at opening of business on Monday, November 14, 2016; and end at close of business on Wednesday, November 16, 2016.  The Board further ordered that the licensee be fined $2,500.00, made payable to the Charles County Treasurer and delivered to the Board of License Commissioners in two installments, the first $1,250 due on November 17, 2017 and, the second installment of $1,250, due on December 1, 2016; and that the server, Dipakkumar Chimanlal Pandya, be fined One Hundred Dollars ($100.00), 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. 

4.         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, dated August 24, 2016.  Licensee Alfred A. Jolliffe, and server Cindie Lyn Jones, appeared and acknowledged receipt of the show cause order, and admitted to providing alcoholic beverages service to an Approved Underage Person on July 26, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland.  Testimony and evidence was presented as to the specific charges contained in the Show Cause Order; the licensee’s alcohol service and training/compliance policy; vertical ID policy; their pass/fail history of previous alcohol inspections; and, the economic impact of a possible fine/suspension upon the licensee.  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 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, Cindie Lyn Jones, be fined $150.00, each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days.

5.         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, dated September 16, 2016.  Licensee Scott Allen Sager, and server Anna Marie Hamilton, 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.  Testimony and evidence was presented as to the specific charges contained in the Show Cause Order; the licensee’s alcohol service and training/compliance policy; vertical ID policy; their pass/fail history of previous alcohol inspections; and, the economic impact of a possible fine/suspension upon the licensee.  Upon a motion duly made, seconded and unanimously carried, the Board ordered, that the alcoholic beverage license be suspended for 3 days, all 3 days are to be held in abeyance for 3 years from the date of the hearing contingent upon no further violations; and that the licensee be fined $750.00; that the server, Anna Marie Hamilton, be fined $100.00; each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days.

6.         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, dated September 16, 2016.  Licensees Brian Joseph Noel, Laura J. Noel, and server Martha Letitia Stewart, appeared.  The licensees were represented by Hammad Matin, Esq., who on behalf of his clients, acknowledged receipt of the show cause order, and admitted to providing alcoholic beverages service to an Approved Underage Person on August 15, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland, as did Ms. Stewart.  Testimony and evidence was presented as to the specific charges contained in the Show Cause Order; the licensee’s alcohol service and training/compliance policy; vertical ID policy; their pass/fail history of previous alcohol inspections; and, the economic impact of a possible fine/suspension upon the licensee.  Upon consideration of the testimony and evidence provided, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the alcoholic beverage license issued to Brian Joseph Noel, Laura J. Noel, Atlantic Enterprises, Inc., be suspended for 3 days, all 3 days are to be held in abeyance for 3 years from the date of the hearing contingent upon no further violations; that the licensee be fined $500.00; and that that the server, Martha Letitia Stewart, be fined $50.00; each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 14 days. 

7.         The clerk advised that the Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Simon Aristides Gutierrez, Robert Allan Riccardo, Jr., El Dorado Restaurant, LLC, t/a El Dorado Restaurant, 316 E. Charles St., La Plata, MD 20646, was turned remanded to the Clerk on October 17, 2016, in accordance to their prior testimony before the Board and the vacation of their premises on September 30, 2016. 

8.         The clerk reminded the members of the Comptroller Peter Franchot Forum for the Alcohol Beverage Industry, 8:00 AM December 6, 2016, Louis L. Goldstein Treasury Bldg, 80 Calvert St., Annapolis, with that request for RSVP by November 28, 2016.  As of today’s date, M/Cpl. Judith Thompson, Inspector Wayne Magoon, and Board members Steve Lowe & Thomasina Coates are registered to attend.

9.         In accordance with the Board’s directive to draft an amendment to the Board of License Commissioners Rules and Regulations, the clerk shared the following Public Posting Notice of Suspension – Rules and Regulations – Language, prepared by Associate County Attorney Matthew Clagett, as follows:   

Rule 2.124:  Notice of Suspension

            If the Board suspends an alcoholic beverage license of any licensee, the licensee must post a Notice provided by the Board, on the date the suspension takes effect.  The Notice must be posted in a conspicuous place on the licensed premises at its primary public entrance.  The Notice must indicate that the license has been suspended by order of the Board, and must include any specific violation of the Maryland State Alcoholic Beverages Laws, Rules and Regulations of the Board of License Commissioners of Charles County, or both.  No person may remove or alter the Notice until the suspension period has expired.  The Board may have the premises inspected regularly during the suspension period for compliance with this regulation.  This posting requirement does not apply to any assessed days of suspension held in abeyance.

            Upon a motion duly made, seconded and unanimously carried, the Board approved the amendment and instructed that the record be open for 30-days for public comment and that this matter be brought back up for final approval at the next hearing date.  The Board also reviewed the posting language – utilizing a sample provided by Montgomery County Board of License Commissioners, the size/color of the public notice(11 X 14 or larger); and administrative process for ensuring the proper placement and delivery of the posting.  The Clerk will provide a ‘mock-up’ for review at the next hearing. 

10.       M/Cpl. Judith Thompson and Inspector Magoon proposed an amendment to the Board of License Commissioners Rules and Regulations which would require that licensees maintain their invoices/records/receipts in vendor order.  Associate County Attorney Matthew Clagett and Lisa Bailey were directed to draft the proposed regulation and present it to the Board at the next hearing in the hope that a new rule can be adopted by renewal time.

11.       During the discussion the Board also suggested that ALL licensees, as opposed to the resident licensee, be served and required to appear at any Show Cause hearing.  After discussion, the Board requested that the Clerk amend the 2017 Renewal Application to reflect the names and current addresses of ALL licensees; that personal service continue on the resident licensee; and, that the other licensees receive copies of any Show Cause Order by regular mail. 

12.       The Board also directed the clerk to look into an ‘on-line’ database of alcoholic beverage license information, and whether or not it would be a possibility for licensees to update their own pertinent information, and to establish an on-line renewal process.

13.       In response to the Board’s concern with regard to licensee’s and or employees with difficulty communicating to the Board of License Commissioners in the English language, the clerk was directed to research the costs and availability of interpreters.

14.       The clerk shared a note from the Celene Graves t/a Captain Billy’s Restaurant, notifying the Board of their Seasonal closure to begin on November 12, 2016.

15.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes from the August 11, 2016 and September 8, 2016 hearing.

 

With no further business the meeting adjourned at 1:45 p.m.

 

                                                                 ______________/s/___________________

                                                                              Lisa Bailey, Clerk