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Charles County, Maryland

Minutes

Minutes
Thursday, January 12, 2017

            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.         Associate County Attorney Matthew Clagett notified the Board that he has resigned his position as Associate County Attorney effective January 20, 2017.  Mr. Clagett offered his appreciation, best wishes, and continued friendship to the Board and staff.  The Board wished him well in his future endeavors and thanked him for his service.  Mr. Clagett then introduced Associate County Attorney Melody Haynes, who the County Attorney designated as counsel to the Board of License Commissioners. 

            2.         M/Cpl. Judith Thompson presented the new driver’s license poster - exhibit and hand-outs for licensees, noting the gradual phase-in of the new license format, which should make the license more difficult to forge.

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

La Plata VFD, Inc., by:  Lynn D. Gilroy, for three (3) 1-day temporary alcoholic beverage license to serve/sell Beer, Wine & Liquor inside the La Plata VFD Activity Hall on Saturday, January 28; Feb. 25; and March 25, 2017 from 7 pm to 2 am for a Texas Hold’em tournaments with approx.. 75-100 people expected to attend. 

Woodrow Wilson Alumni, DC Chapter, by Alicia Perkins and Patrick Goodwin.  Appearing on behalf of the applicant was Ms. Perkins and Heather Dautrich, for three (3) 1-day temporary alcoholic beverage licenses to serve/sell Beer, Wine & Liquor inside 109A Post Office Road, Waldorf, on January 14, 15, and 28, 2017, from 9 PM to 2 AM the following morning, for dance/DF fundraisers with approximately 300 people expected to attend each event.

Millennium Sport Riders DC-MD, by Kermit Goodwin.  Also appearing as a witness was Alicia Perkins, for a 1-day temporary alcoholic beverage license to serve/sell Beer, Wine & Liquor inside the Waldorf Culture Center, 109 Post Office Rd., Waldorf, MD, on February 4 from 9 PM to 2AM, for a ‘Glo party’ fundraiser with approximately 300 people expected to attend.  The applicants also testified that 40% of the proceeds are donated to ‘So Others May Eat’ charity. 

            2.         Santosh Kumar, Tana Maria Hill, Helen McMahon Adams, Kumar Gizaw Enterprises, LLC, t/a Wow Café & Wingery, 3010 Waldorf Market Pl., Waldorf, Maryland 20603, appeared for a transfer of their Class B/BLX (Luxury Restaurant) – Beer, Wine & Liquor (on sale only) alcoholic beverage license from Santosh Kumar, Kaleab Gizaw, Tana Marie Hill, Kumar Gizaw Enterprises, LLC, t/a WOW Café & Wingery, 3010 Waldorf Market Pl., Waldorf, MD 20603, with Entertainment.  Counsel to the applicant was Roger Fink, Esq.  Testimony was presented by the applicant pertaining to the facts contained in the application which evidences, among other things, that Helen McMahon replaces Kaleab Gizaw as an officer of Kumar Gizaw Enterprises, LLC, holding a 39% interest, and serving as Vice President.  Santosh Kumar will continue as President holding a 41% interest, and Tana Maria Hill will continue as secretary, resident licensee, and holding a 20% interest.  The applicants further testified as to their 100% ID check and “No Vertical ID” policy, and to the concerns noted by the Deputy Chief Fire Marshal as to certain violations, “…not serious in nature by themselves…demonstrates an absent mindset towards maintaining the fire and life safety code requirements.”  The applicants testified that the noted violations had been resolved.  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 all outstanding matters with the Maryland State Fire Marshal, and upon payment of the appropriate transfer fee. 

            3.         William T. Sandy, Southern Maryland Marina, LLC, t/a Port Tobacco Marina, 7536 Shirley Blvd., Port Tobacco, Maryland 20677, appeared for a transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Michael F. Mona, Port Tobacco Marina, Inc., t/a Port Tobacco Marina, 7536 Shirley Blvd., Port Tobacco, MD 20677, with Entertainment and an Outside Service Area.  Counsel to the applicant was Stephen H. Scott, Esquire.  Testimony and evidence was presented by the applicant pertaining to the facts contained in the application, which evidences among other things, that William T. Sandy is the sole member of Southern Maryland Marina, LLC, and meets the residency requirements having resided for at least 2 years prior and presently in Charles County.  Mr. Sandy testified as to his proposed 100% ID check and no vertical ID policies, his anticipation to hire ‘on staff’ alcohol trainers, anticipation of 30-50 employees, and hours of operation.  Mr. Sandy also acknowledged and accepted the 1998 Consent Order setting forth the operation of the outside Tiki Bar area “as is”; as well as the diagram of the licensed premises from the previous licensees.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license with Entertainment defined in the 1998 Consent Order, and the previously defined Outside Service Area, as presented, contingent upon settlement, and providing the Board with a copy of the new Health Permit, Use & Occupancy Permit, Md Sales Tax ID Certificate, and Workers’ Compensation certificate, as well as a copy of the new lease and deed, on or before March 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.  Testimony and evidence was presented in the matter of the Charges and Show Cause Order dated November 17, 2016.  Licensee Vandana A. Patel, and server Bhounik Shailesh Patel, appeared and were represented by David J. Martinez, Esquire, 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 September 9, 2016, in violation of Alcoholic Beverages Article, § 6-304 of the Annotated Code of Maryland. Licensee Patel testified that this is a family business, with Bhounik Patel being her nephew.  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 issued to Vandana A. Patel, Phillip A. Farmer, Woldorf Beer & Wine, LLC, 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, January 17, 2017, and end at close of business on Tuesday, January 17, 2017; and, that the licensee be fined $750.00 - made payable to the Charles County Treasurer and due upon reinstatement of the suspended license; and that the server, Bhounik Shailesh Patel, be fined $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.

            5.         The clerk shared a January 3, 2017 telephone call from Leanne Schrecengost, Esq., indicating her client’s intention to file an application for new resident licensee as soon as possible due to the impending (received January 5, 2017) resignation of resident licensee William R. Greer, Jr., upon his appointment to the Circuit Court for Charles County, from the alcoholic beverage license issued to:  William R. Greer, Jr., Kathryn M. Kotel, T.G.I. Friday's of Charles County, Inc., t/a T.G.I. Friday's, 2990 Waldorf Market Pl., Waldorf, MD 20603

            6.         Jeffrey A. Ziccardi, Makeba Gibbs, Texas Roadhouse Holdings, LLC, t/a Texas Roadhouse, 103 Drury Drive, La Plata, MD 20646, advised the Board of renovations/remodel of dining and bathroom areas.  No further changes are being contemplated.

            7.         Michael F. Mona, Port Tobacco Marina, Inc., t/a Port Tobacco Marina, 7536 Shirley Boulevard, Port Tobacco, MD 20677, advised the Board that they are closing for season beginning December 21, 2016 to an undetermined date in “Spring, 2017.”

            8.         Sena H. Kim, Beer 4 U, Inc., t/a Beer 4 U Sports Bar, 2172 Crain Highway, Waldorf, MD 20601, advised that they were changing their opening hours from 5PM to 11 AM Monday thru Sunday.  Their closing hours will remain daily at 2 AM; except, Sunday closing at Midnight.

            9.         The clerk shared written notification from their corporate office, that Buca di Beppo, 1110 Mall Circle Drive, Waldorf, closed its operation on January 1, 2017.

            10.       Christy and William Welch appeared and notified the Board of their intent to host “live music inside the establishment” at AABC Enterprise Corporation, t/a Urban Bar-B-Que LaPlata, 13 Shining Willow Way, La Plata, MD 20646; and to extend the business hours from 10 PM on Fri/Sat to Midnight on evenings when having entertainment.  The Clerk also shared a letter of acknowledgment from Seth Koons, Planning Technician, Town of LaPlata.   

            11.       The clerk reiterated previously shared information from the Courts website regarding Interpreter information found online at the courts website.

            12.       The Board approved a mock-up of the Notice of Suspension signage, and shared a Maryland Independent newspaper article dated December 30, 2016. 

            13.       The clerk advised that staff had completed conversion of all Article 2B references in proposed update to the Rules and Regulations and forwarded the draft to Tina Kozloski, Media Specialist.

            14.       The Board approved the 2017 Alcoholic Beverage License Renewal application, which includes the requirement for each licensee’s current mailing address.

            With no further business the meeting adjourned at 11:50 AM.

                                                    _______________/s/__________________

                                                                    Lisa Bailey, Clerk