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Charles County, Maryland

Minutes

Minutes
Thursday, December 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: Thomasina Coates, Acting 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:

Indian Head Center for the Arts, by John D. Hungerford, Esq.  Appearing on behalf of the applicant was Pam Frank, for (3) 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor inside the Black Box Theatre on January 14, 21 & 28, from 6-11 p.m. for a performance/fundraiser with approximately 50-75 people expected to attend.

St. Paul’s Episcopal Church, by Phillip Hamilton, Co-Chair Silent Auction, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor inside the Piney Church Hall, on January 28, 2017 (rain date Feb. 4), from 6-9 p.m. for their annual fundraiser with approximately 150 people expected to attend.

            2.         Atul Patel, Babi KC, 3395 Leonardtown RD, LLC, t/a Angelo’s Liquors, 187 St. Patrick’s Drive, Waldorf, Maryland 20603, appeared for a transfer of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license from Edward J. Kim, Ki Ki Leung, EKM, Inc., t/a Angelos Liquors, 187 St. Patrick's Dr., Waldorf, MD 20603.  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 Atul Patel and Babi KC, each serve as authorized person/managing member of 3395 Leonardtown RD, LC, with Mr. Patel holding an 80% interest and Mr. KC holding a 20% interest, while also meeting the residency requirements and serving as resident licensee.  The applicants further testified as to their hours of operation; that they will be on-site seven days a week; and have implemented a “No Vertical ID” policy.  The alcohol enforcement officer advised that applicant Babi KC was found in violation of service to an underage person, while employed at another licensed establishment, at a hearing on February 10, 2011.  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 satisfaction of outstanding matters with the Comptroller, and upon payment of the appropriate transfer fee within 30-days of the date of this Order. 

            3.         Stanley Wingate Jameson, Jr., Hughesville Corner Express, LLC, t/a Hughesville Corner Express, 7756 Leonardtown Road, Hughesville, Maryland  20637, appeared for a new Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license.  Counsel to the applicant was David Mister, Esquire.  Testimony and evidence was presented by the applicant pertaining to the facts contained in the application, which evidences among other things, that Stanley Wingate Jameson, Jr., meets the residency requirements; holds a 20% interest in, and serves as the sole authorized person of Hughesville Corner Express, LLC;.  The remaining interest is held by member Margaret Parlett (40%), and Deborah Lynn Smith (40%).  Mr. Jameson further testified as to their intention to offer Beer and Wine only for sale; 100% alcohol management training commitment; an anticipated December, 2017 opening date; and, the square foot build-out of less than 3,000 square feet.  The applicants further testified as to their hours of operation; that they will be on-site 7 days/week; and have implemented a “No Vertical ID” policy.  Dr. Gerald Patnode, testified and offered evidence on behalf of the applicant pertaining to his marketing research and demographics analysis.  Finally, the Board received testimony from Ms. Joan Herbert, a citizen from the 8th election district, with concerns with regard to the traffic.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the new Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license, as presented, contingent upon build-out and filing of the Health Permit, Use & Occupancy Permit, Md Sales Tax ID Certificate, and Workers’ Compensation certificate, before December 31, 2017.

            4.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) alcoholic beverage license issued to Vandana A. Patel, Phillip A. Farmer, Waldorf Beer & Wine, LLC, t/a Berry Road Beer & Wine, 11493 Berry Road, Waldorf, Maryland  20603.  David Martinez, Esq.  This matter was continued until the next hearing date.

            5.         With no public comment being offered in support of or in opposition to the Notice of Suspension proposed rule having been received during the prior month that the record was open, the Board approved the following Charles County - Public Posting Notice of Suspension – Rules and Regulations, “Mock-up of Posting” and Language 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.

            6.         The clerk shared that she was continuing research/work on the following items:  M/Cpl. Judith Thompson and Inspector Magoon Rule Proposal regarding Inspections of receipts/records; interpreter availability/costs – working on getting list from courthouse; 2017 Renewal application w/required update of ALL licensee addresses; online database discussions; and conversion of all Article 2B references in Rules and Regulations.

            7.         Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the October and November, 2016 hearings. 

            With no further business the meeting adjourned at 11:45 A.M.

 

                                             _____________/S/_________________

                                                         Lisa Bailey, Clerk