Minutes - December 13, 2012 | www.charlescountymd.gov

www.charlescountymd.gov

Charles County, Maryland

Minutes - December 13, 2012

Minutes
Thursday, December 13, 2012

            The following members of the Board were present: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, Wayne Magoon, and William B. Young.  Board member Thomasina Coates was excused.  Also in attendance was Alcohol Enforcement Coordinator Master Cpl. Judith (Harman) Thompson, Alcohol Inspector Greg Kielsel, Associate County Attorney Matthew Clagett, and Lisa Bailey, Clerk/Recording Secretary.  The Board congratulated M/Cpl. Judith Thompson on her recent marriage to E. Kevin Thompson.

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:

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 BWL at their Monthly Mixers from 5:30 to 7:30p.m., on the following dates/locations, with approx 100 people expected to attend each event:

            A.        January 3, 2013 - Southern Maryland Business Center, White Plains,                         B.        February 7, 2013 – BB&T Bank, White Plains, Maryland.

            C.        March 7, 2013 – Holly Station Townhomes, Hollins Lane, Waldorf,

Indian Head VFD & RS, Inc., by:  Frank Cotruto, Jr., Percy Cronk, Robert Easturn and John Parran, Jr..  Appearing on behalf of the applicant was Nancy Jones, for a 1-day temporary alcoholic beverage license to sell/serve BWL at their monthly Texas Hold’em Tournaments from 6p.m. to 2 a.m., on January 18, 2013, February 15, 2013, and March 15, 2013, inside the firehouse with approx. 60 people expected to attend each event

St. Paul’s Episcopal Church, by: Linda Lockhart.  Appearing on behalf of the applicant was Phil Hamilton, for a 1-day temporary alcoholic beverage license to sell/serve BWL on January 26, 2013 from 7-10 p.m. (rain date February 2, 2013) at the church hall - Hamilton Hall, for a fundraiser with approx 100 people expected to attend.

            2.         Sean Bradford Early, Ashley Sanna Barbee, Trail Head Tavern, LLC, t/a Trail Head Tavern, 4300 Hawthorne Road, Indian Head, Maryland  20640, appeared for a new Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license.  Appearing on behalf of applicant was John Mudd, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that Sean Bradford Early serves as a managing member and holds an 80% interest in the LLC; and that Ashley Sanna Barbee serves as a managing member, holds a 20% interest in the LLC and serves as resident licensee.  The applicants testified that the premises is expected to open in two phases, first the bar side then the kitchen.  Their hours of operation are 7 days/week, 10 a.m. to 2 a.m. Mon – Sat; and 10 a.m. to Midnight Sunday.  The applicants further testified that there would be no outside service area and outside music.  No opposition to the granting 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 application contingent upon the filing of a Health Permit and Use & Occupancy Permit and upon payment of the appropriate pro-rated license fee, no later than March 15, 2013. 

            3.         Robert Allen Cooper, Jr., Deborah Cooper, Cooper Ventures, LLC t/a Marie’s Diner, 6325 Crain Highway, La Plata, Maryland, 20646, appeared for a new Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license.  Counsel to the applicant was John F. Mudd, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that Robert Allen Cooper, Jr. and Deborah Cooper both serve as a managing members, each holds a 50% interest in the LLC, and serve as resident licensees.  The applicants testified that there will be service by wait staff only and will be no “bar.”  Their hours of operation are 7 days/week, 6:30 a.m. to 9 p.m. Mon – Sat; and 6:30 a.m. to 2 p.m. Sunday.  No opposition to the granting 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 application contingent upon payment of the appropriate pro-rated license fee.  (License issued 12/13/12.)

            4.         Tony Lee Graham, Terrance Andrew White, Michele Maureen Alley, NWTG, Inc., t/a The Prime Street Grille, 4680 Crain Highway, White Plains, Maryland  20695, appeared for a transfer/reclassification of their Class B – Beer, Wine and Liquor (on sale only) alcoholic beverage license to a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license.  This application also includes a separate request for an Open Air Special Exception to allow their patrons to consume alcoholic beverages in a defined outside area.  Counsel to the applicant was Hammad Matin, Esq.  Testimony was presented by the applicants pertaining to the reclassification of their Class B – BWL (on sale) to a Class D – BWL (on/off sale) alcoholic beverage license, stating that the accommodation is needed and limited to allow their patrons to purchase unique brands of wines and spirits served at the licensed establishment and not available at any other off sale licensee in the area.  The licensees further testified that food sales comprise 85% of their business and they are not proposing to make any further changes to their business and will not be converting to what is commonly known as a “package goods” store.   Opposition to the granting of the reclassification was presented by Mr. Patel, licensee for White Plains Liquors; Bob Mills, licensee for Jimmy’s Paddock – both current “package goods” licensees in the 6th election district.  Also testifying in opposition to the granting of the license was by Chuck Loscocco. 

Further testimony was presented by the applicants pertaining to the request for an Open Air Special Exception to allow their patrons to consume alcoholic beverages in an area defined as a tented space to be utilized as a banquet facility only on special occasions where an event is to be catered there.  Upon consideration of the minimum requirements set by the Board of License Commissioners for Open Air Exception Areas, the applicant withdrew their request for the time being with the understanding that the Board would review their rules and it would also give the applicant the opportunity to review the alcohol beverage laws governing a “caterer’s license.” 

            Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the application for a transfer/reclassification of the Class B – Beer, Wine and Liquor (on sale only) alcoholic beverage license to a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license, contingent upon payment of the appropriate pro-rated license fee. 

            5.         Staci Beth Weightman, Mark Larner, Chesapeake Wine Shoppe, LLC, t/a Chesapeake Wine Shoppe, 12030 Jefferson Farm Place, Waldorf, Maryland  20601, appeared for a transfer of the Class A – Beer, Wine & Liquor (off sale only) alcoholic beverage license from Mark Larner, Chesapeake Wine Shoppe, LLC, t/a Chesapeake Wine Shoppe, 12030 Jefferson Farm Place, Waldorf, Maryland  20601.  Counsel to the applicant was Justin D. Wilde, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that this transfer only contemplates the addition of Staci Beth Weightman as a managing member, now owning a 20% interest in Chesapeake Wine Shoppe, LLC, and serving as resident licensee along with the continuing managing member, Mark Larner, who now holds an 80% interest.  The hours of operation are 7 days/week, 9 a.m. to 10 p.m. Sunday through Thursday and Friday & Saturday 9 a.m. to Midnight.  No opposition to the amendment to 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 payment of the appropriate transfer fee.

            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, alleging Non-Compliance with the Board’s directive to complete the renovations and reopen by November 9, 2012, as the premises has been closed with no activity for more than 10 consecutive days in violation Ann. Code MD. §10-504; and BOLC Rule 2.123.  The Board first granted the Licensee’s request to close for 4-6 weeks beginning April 2, 2012; on May 10, 2012, the licensee requested an additional 60-day closure for renovations w/intent to transfer; on July 12, 2012 license was granted another 120 day closure to complete renovations and reopen.  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 next week.  Upon consideration of the testimony and evidence presented and upon a motion duly made, seconded and unanimously carried, the Board continued the Show Cause hearing until the next hearing date, by which time if the premises has opened, the Board will withdraw the Show Cause Order. 

            7.         The clerk advised as to the following seasonal closings:

            Grinder’s Seafood, 4665 Indian Head Highway, Indian Head, Maryland  20640, has notified the Board that they are closed for the winter.  The official closing date was Friday, November 16, 2012.  They are expecting to reopen in March, 20613;

            Capt. Billy’s Crab House, 11495 Popes Creek Road, Newburg, Maryland, have notified the Board that they are closed for the winter.  Their official closing date was Saturday, November 17th and they are expected to reopen on March 7, 2012; and

            Alfred A. Jolliffe, Gilligan's Pier Restaurant, LLC, t/a Gilligan's Pier, 11535 Pope's Creek Road, Newburg, Maryland  20664, notified the Board that they closed for the season on November 18, 2012; will open for their annual beach party on February 19, 2013, and will re-open for the season on March 13, 2013. 

            8.         M/Cpl. Judith Thompson advised that there were two Compliance Checks reported this past month, with one of the 2 passing.  The Board congratulated Elks Lodge #1053.

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

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

____________________________________

Lisa Bailey, Clerk