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Charles County, Maryland

Minutes

Minutes
Thursday, March 9, 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: 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 Melody Miles Haynes; 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:

Chamber of Commerce, by Betsy Burian, President/CEO.  Appearing on behalf of the applicant was Dee Hancock, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor, inside Century 21 new Millennium, 9405 A Chesapeake St., La Plata, from 5:30 TO 7:30 pm on Thursday, April 6, 2017, for their monthly Chamber mixer, with approx. 100 people expected to attend.

Accokeek-Bryans Road Lions Club, by:  W. Philip Gordon, Jr.  Appearing on behalf of the applicant was William Cassidy, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor, at White Plains Golf Course, from 7:30 a.m. to 2:30 p.m., on Thursday, April 6, 2017, for a golf tournament fundraiser with approximately 120 people expected to attend.

The clerk also called Knights of St. John Commandery #309, by Theodore J. Short, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor, inside the St. Joseph Parish Hall, Pomfret, MD, on May 6, 2017 from 9:00 PM to 1:00 AM for a fundraiser with approx. 150 people expected to attend.  With no one appearing on behalf of the applicant, this matter was continued to April 13, 2017.

            2.         Vandnaben Soni, Chesapeake Wine Shoppe, LLC t/a Chesapeake Wine Shoppe, 12030 Jefferson Farm Place, Waldorf, MD  20601 for a transfer of the Class A – Beer, Wine & Liquor (off sale) Package Goods alcoholic beverage license from Mark A. Larner, Chesapeake Wine Shoppe, LLC, Chesapeake Wine Shoppe, 12030 Jefferson Farm Place, Waldorf, MD 20601.  Counsel to the applicant was David Martinez.  The Board approved the applicant’s request to reschedule this matter to the May hearing date, with reposting and republishing required at the applicants expense. 

            3.         Katharine Michelle Pierce, Sugar Lips, LLC, t/a Grille No. 13, 3016 Waldorf Marketplace, Waldorf, MD 20603, appeared for a change in location of the Class B/RB (Restaurant/Bar) – Beer, Wine & Liquor (on sale only) alcoholic beverage license, with entertainment and a defined outside service area, from Katharine Michelle Wilcox, Sugar Lips, LLC, t/a Grille No. 13, 173 St. Patrick’s Dr., Unit 106, Waldorf, MD 20603.  Counsel to the applicant was David J. Martinez, Esquire.  Testimony was presented by the applicant pertaining to the facts contained in the application which evidences, among other things, that Katherine Michelle Pierce (formerly Wilcox) continues to serve as the sole licensee for Sugar Lips, LLC, t/a Grille No. 13, and meets the requirements to hold an alcoholic beverage license.  Ms. Pierce presented her request to move her Class B/RB (Restaurant Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license from her current location to a new location within the same election district.  A move to the proposed location, formerly trading as Mimi’s Café, will allow Ms. Pierce to expand the kitchen while maintaining the family Irish Pub type atmosphere, offering food, bar area, and live entertainment.  The approximate 7,500 square foot premises will accommodate 25-30 employees, including a General Manager.  The licensee indicated that all front-house staff will be alcohol awareness certified.  The applicant further testified as to her anticipated hours of operation; that she intends to maintain some of the current employees; that she intends to maintain the “No Vertical ID” policy; and that she anticipates no change to the current operation of the business.  The alcohol enforcement officer advised that the current licensees have not had an alcoholic beverage violation since their license was issued in 2008. 

            The applicant also testified as to the proposed Open Air Exception areas described as a front patio area adjacent to the front door and approximately 754 square feet; and an outdoor back patio area, along the back side of the restaurant, encompassing approximately 1275 square feet.  The defined areas will be surrounded by appropriate fencing, with the front defined outside area maintaining the approximate 4’ iron rail fence; and the back area surrounded by board on board type fencing approximately 6.5’ in height.  Public access to each area will be through the inside of the licensed premises only, with emergency egress via an alarmed gate.  Further, the applicant testified that it was her intention to serve alcoholic beverages to her customers by wait staff and that the areas will be open only during the regular hours of the restaurant, and no outside bar or service area is contemplated; and there would be no live or amplified entertainment in the outside area.

            Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the change in location and redefinition of the premises to include the outside areas, as presented, and contingent upon satisfaction of all outstanding matters with the Health Department, Use & Occupancy Permit, Lease, and upon payment of the appropriate transfer fee within 6 months of March 9, 2017.

            4.         Pleas Eugene Dillard, Jr., Malhi, Inc., t/a Double Eagle Tavern, 3190 Leonardtown Road, Waldorf, Maryland  20602, appeared for an expansion and transfer of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license from Pleas E. Dillard, Jr., Rosemary L. Henley, GERO, Inc., t/a Double Eagle Tavern, 3190 Leonardtown Road, Waldorf, MD 20601.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented pertaining to the facts contained in the application, which evidences, among other things, that Please Eugene Dillard, Jr. maintains a 90% interest and serves as the sole officer of Malhi, Inc., and meets the requirements to hold an alcoholic beverage license.  The remaining 10% stockholder in Malhi, Inc., is Vikramjeet Singh Virk.  The applicant further testified as to his proposal to expand the definition of the licensed premises to include an adjacent storefront area, as a depicted as Exhibit 1, on file with the Board of License Commissioners, which encompasses an additional approximate 550 sq. foot area, proposed to display and sell package goods for off-premises consumption only, which is permitted under their Class D alcoholic beverage license.  The applicant further testified that they propose to continue to operate the bar area with no anticipated changes.  The applicant has held the alcoholic beverage license for that premises for the past 23 years.  Testimony was presented by the applicant pertaining to the facts contained in the application which evidences, among other things, that Please Eugene Dillard, Jr. maintains a 90% interest and serves as the sole officer of Malhi, Inc., and meets the requirements to hold an alcoholic beverage license.  The remaining 10% stockholder in Malhi, Inc. is Vikramjeet Singh Virk.  The applicant further testified as to his proposal to expand the definition of the licensed premises to include an adjacent storefront area, as a depicted as Exhibit 1 attached here, proposed to be utilized to display and promote sales of packaged alcoholic beverages for off-site consumption, currently allowed under his Class D alcoholic beverage license.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the application as presented, contingent upon satisfaction of any outstanding matters with the Health Department, a Use & Occupancy Permit, Md. Sales Tax ID, proof of Workers’ Compensation insurance and upon payment of the appropriate transfer fee within 120 days from March 9, 2017.

            5.         Charles Wesley Johnson, Patricia Ann Shymansky, JNP Enterprises, LLC, t/a Shymansky’s Restaurant & Marina, 12530 Neale Sound Drive, Cobb Island, MD  20625, for a transfer of the Class D –Beer, Wine & Liquor (on/off sale) alcoholic beverage license with Entertainment and continuation of a previously approved defined Outside Service Area, from Patricia A. Shymansky, t/a Shymansky's Marina, 16320 Cobb Island Rd., Cobb Island, MD 20625. Counsel to the applicant was Stephen H. Scott, Esq.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that both Charles Wesley Johnson and Patricia Ann Shymansky, serve as authorized persons/managing members of JNP Enterprises, LLC, holding 35% and 20% interest, respectively.  The application also disclosed Benjamin Boyd holding a 37% interest, and William M. Brown holding the remaining 8% interest, in JNP Enterprises, LLC.  In lieu of providing new satisfactory criminal history background checks from CJIS and FBI, as two separate documented attempts of CCSO to obtain fingerprints of Mrs. Shymansky were unsuccessful, Mrs. Shymansky provided an Affidavit that she has no criminal charges or convictions since she last successfully completed a criminal history check for her alcoholic beverage license for Shymansky’s.  The applicants acknowledged the parameters under which the definition of the licensed premises was previously expanded to include an outside area; as well as the subsequent approval of the outside bar area.   The applicants stated that any entertainment provided by the licensee would be limited to the inside of the building only. 

            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 inside Entertainment and continuation of a previously defined Outside Service Area, as presented, contingent upon satisfaction of any outstanding matters: a Use & Occupancy Permit, certificate of successful completion of an approved alcohol awareness program, and upon payment of the appropriate transfer fee within 60 days of March 9, 2017.

            6.         Show Cause in the Matter of the Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license issued to Thomas R. Mueller, Jr., Donald Robert Downing, Memories, LLC, t/a Memories, 2360 Old Washington Rd., Waldorf, Maryland 20601.  At the request of the licensee, the hearing in this matter is continued to April 13, 2017. 

            7.         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 Road, Newburg, MD 20664.  At the request of the licensee, the hearing in this matter is continued to April 13, 2017. 

            8.         The clerk shared correspondence advising that the premises trading as Capt. Billy’s Crabhouse opened for the 2017 season on March 24.

            9.         The clerk shared information regarding Maryland Alcohol Licensing Association (MALA) Annual Conference, May 13 at the Grand Hotel & Spa, Ocean City, MD, and asked those board members interested in attending to notify the clerk.   

            10.       The clerk reminded the members of the April 30 deadline for filing Ethics Commission Financial Disclosures.

            11.       The clerk distributed the Draft 2016 Annual Report and asked the Board for their review prior to finalizing and filing with the Charles County Commissioners. 

            12.       M/Cpl. Judith Thompson shared the Compliance Report for the month of February, indicating the following eleven of twelve licensed establishments passed the compliance inspection:

            1.  Drive-In Liquors, Faulkner                       7.  Berry Road Wine & Spirits           

            2.  Green Turtle, La Plata                               8.  Chili’s Southwest Grill & Bar, Waldorf

            3.  Galazio Restaurant, La Plata                     9.  Genghis Grill, Waldorf

            4.  Gray Brother’s Store, Marbury                 10.  Holiday Liquors, Waldorf

            5.  Golden Star Chinese Restaurant              11.  Hard Times Café & Cue 

            6.  Bunker Hill, Inn, Waldorf

            13.       Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes for January and February, 2017.

            With no further business, the meeting adjourned at 12:00 Noon.

                                       ________________/s/____________________

                                                      Lisa Bailey, Clerk