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Charles County, Maryland

Minutes

Minutes
Thursday, January 10, 2013

            The following members of the Board were present: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, Thomasina Coates and Wayne Magoon.  Also in attendance was Alcohol Enforcement Coordinator Master Cpl. Judith Thompson, Alcohol Inspector Greg Kielsel, Associate County Attorney Matthew Clagett, and Lisa Bailey, Clerk/Recording Secretary.  

The hearing took place at the County Commissioners' Meeting Room, Charles County Government Building, and proceeded with the hearing.

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

Business Alliance of Charles County, Inc., by:  Tracey Harris, for a 1-day temporary alcoholic beverage license to sell Beer, Wine & Liquor on February 12, 2013 from 5:30 to 7:30 p.m. at the Indian Head Pavilion for a Business networking event with 50-75 people expected to attend.

La Plata Volunteer Fire Department by: Lynn Gilroy, for three 1-day temporary alcoholic beverage licenses to sell Beer, Wine & Liquor on January 26, February 23, and March 30, 2013, from 7 p.m. to 2 a.m., for Texas Hold’em fundraisers with 100 – 150 people expected to attend.

            2.         Kenneth Russo, Deidre M. Barnett, Carrabba’s of Waldorf, Inc., t/a Carrabba’s Italian Grill, 3754 Crain Highway, Waldorf, Maryland, 20602, appeared for a transfer of the Class B – Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license from Eric P. Wildman, Deidre M. Barnett, Carrabba's of Waldorf, Inc., t/a Carrabba's Italian Grill, 3754 Crain Highway, Waldorf, Maryland 20602.  Counsel to the applicant was Nicholas Kallis, Esq.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that this transfer contemplates Mr. Russo serving as President, Secretary & Treasurer of Carrabba’s of Waldorf, Inc., replacing Mr. Wildman as an officer and licensee.  Ms. Deidre Barnett will continue as the resident licensee.  No further changes were contemplated and no opposition to the transfer of this license was presented.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the transfer contingent upon a satisfactory FBI criminal history background check for Mr. Russo, and payment of the appropriate transfer fee.

            3.         Robert Allen Rucci, Diana Natalia Rucci, DJJ Restaurants, Inc., t/a Bobby Rucci’s Famous Italian Deli & Doughboys, 10579 Theodore Green Blvd., White Plains, Maryland  20695, appeared for a new Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license.   Counsel to the applicant was Hammad Matin, Esquire.           Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that Bobby Rucci serves as President and Secretary holding 50% of the interest in DJJ Restaurants, Inc., and his wife Diana Natalia Rucci serves as Vice President and Treasurer, holding the remaining 50% interest in DJJ Restaurants, Inc.  Both applicants meet the residency requirements.  The applicants further testified that the application contemplates an Italian “classic type delicatessen” offering Italian cordials and liquors as a complement to the fares of the deli.  The applicants stated that they are not seeking an alcoholic beverage license for what is commonly known as a “liquor store.”   Further, the applicants testified that their sales of alcoholic beverages would only amount to no more than 15% of their total sales and that provision is amended into their lease agreement with the property owners.

Testifying in opposition to the granting of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license was citizen Charles Loscoco, who opposed the granting of the “off sale” portion of the license as there is no need for an additional “off sale” license at that location.  Also, licensee Robert Mills (Jimmy’s Paddock) was initially opposed to the granting of an additional “off sale” license at that location, however, in consideration of the testimony presented by the applicants that the alcohol sales would not exceed 15% of total sales and the types of alcohol offered for sale would be limited to Italian type liquors and cordials, he was no longer opposed; Tony Patel testified that he would not be opposed to the granting of the license in accordance with the testimony as presented by the applicants.  

            Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the new license contingent upon the applicant filing proof of successful completion of an alcohol awareness course, health permit, use & occupancy permit, Workers’ Compensation certification, and payment of the appropriate pro-rated license fee, on or before March 30, 2013.   

            4.         Rucci Consent OrderRobert Allen Rucci, Diana Natalia Rucci, DJJ Restaurants, Inc., t/a Bobby Rucci’s Famous Italian Deli & Doughboys, 10579 Theodore Green Blvd., White Plains, Maryland  20695, appeared on January 10, 2013, with a request to expand their licensed premises to allow their patrons to consume alcoholic beverages in a defined outside area.  Counsel to the applicant was Hammad Matin, Esquire.  The applicant testified as to the outside "special exception" area, described as an outdoor patio area of approximately 676 square feet (26’x26’), located on front of the building facing Crain Highway, and does not exceed 50% of the licensed premises.  The proposed seating capacity is twelve (12).  Further, the defined area is surrounded by an approximate 42” high wrought iron railing.  The applicants testified that it was their intention to serve alcoholic beverages to their customers via the inside area only, and that no outside bar area is requested or granted; there would be no live or amplified entertainment on the outside area; this request is submitted as an accommodation to their patrons, and the licensees will obtain all required permits from the Department of Planning and Growth Management, including with regard to any safety barriers.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the application conditioned on the restrictions consented to by the applicant.  The outside seating capacity was later amended to 36.

            5.         Show Cause in the matter of the Class B - BWL (on sale only) alcoholic beverage license issued to Wayne Hartridge, Angela Delores Gray, Georgene Meyers Thompson, Mattawoman Restaurant, Inc., t/a Mattawoman Restaurant a/k/a Mattawoman Seafood, 5024 Hawthorne Road, Indian Head, Maryland  20640.  At the request of the applicant, this matter was continued until February 14, 2013. 

            6.         Show Cause in the Matter of the Class D – Beer, Wine (on/off sale), Liquor (off sale only), alcoholic beverage license issued to John R. Pickeral t/a Ironsides Store, 6130 Port Tobacco Road, Ironsides, Maryland  20643.  This matter initially came before the Board on December 13, 2012, alleging that the licensee has not complied with the Board’s directive to complete the renovations and reopen by November 9, 2012, and the premises has been closed with no activity, in violation of §10-504, Article 2B, Annotated Code of Maryland, and/or Rule 3.106 of the Rules and Regulations of the Board of License Commissioners for Charles County, Maryland.  On December 13, 2012, the licensee John Pickeral appeared along with Heidi Fick, who testified to the renovation difficulties they have incurred and that they anticipate opening on a limited basis, every Monday from 10 a.m. to 2 p.m., beginning the following week, and the Board continued the Show Cause hearing until January 10, 2013, with the understanding that the Board would withdraw the Show Cause Order if the premises is found to be in compliance.  Further, Heidi Fick, on behalf of the licensee, informed the Board by e-mail on January 3, 2013, that “...we are planning to open up on Tuesday’s from 2:00 PM to 6:00 PM starting on January 8, 2013...”  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the Show Cause Order be withdrawn. 

            7.         The clerk shared correspondence from Carl Baldus t/a Damon’s, advising that beginning December 27, 2012 from the current hours of 6:30 a.m. to 10:30 a.m./3 p.m. – 11 p.m. Monday through Sunday to the new operating hours of:  Thursdays, Noon to 4 p.m.  The Board was further informed by the alcohol enforcement officer that the premises is under renovation and the licensee intends to convert the Holiday Inn, Waldorf, into senior citizen housing.  The Board directed the alcohol enforcement officer to contact the license and request an update on their ongoing intentions with regard to the alcoholic beverage license. 

            8.         M/Cpl. Judith Thompson presented results of latest compliance check, with the following places passing:  Ray’s Pier, Benedict; Double Eagle Tavern, Waldorf; Hooter’s, Waldorf.

            9.         M/Cpl. Judith Thompson presented Quarterly Report of Compliance Check Program, 4th Quarter, 2012.

            10.       M/Cpl. Judith Thompson presented Final Report of Compliance Check Program, 2012, indicating among other things, 106 compliance checks conducted with a 15% failure rate, down from a 53% high in 2005.

            11.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the December 13, 2012 meeting.

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

__________/s/__________________________

Lisa Bailey, Clerk