Minutes July 14, 2017 | www.charlescountymd.gov

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Charles County, Maryland

Minutes July 14, 2017

Minutes
Thursday, July 14, 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: Pamela Smith, Chairman, Thomasina Coates, Vice Chairman, Guy N. Black, Steve Lowe, and Linda J. Warren, were present.  Also appearing in support of the Board were Associate County Attorney Matthew Clagett, and Lisa Bailey, Clerk/Recording Secretary.  M/Cpl. Judith Thompson, Alcohol Enforcement Coordinator and Greg Kiesel, Inspector were also present.

 

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

Loyola Retreat House, by Lisa White, for a 1-day temporary alcoholic beverage license to sell/serve Beer only at Loyola Retreat House, Faulkner, MD on September 11, 2016 from 2-5:00 p.m. for their 6th Annual fundraising event with approx. 380 people to attend.

Indian Head Center for the Arts/Black Box Theatre, by John D. Hungerford, Esq.  Appearing on behalf of the applicant was Vincent Hungerfore, for two (2) 1-day temporary alcoholic beverage licenses to sell/serve Beer, Wine & Liquor inside the Black Box Theatre on August 6 and September 9, from 6-11 p.m. for fundraisers with 50-75 people expected to attend each event.

The clerk also advised that previous licenses were issued for this venue for events on 6/3, 11, 24, and 7/22 & 23/2016.

Woodrow Wilson Alumni DC Chapter, by Alicia Perkins/Patrick Goodwin, for two (2) 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor at the Take A Bow facility, 109 Post Office Road, on July 24 from 5-11 p.m., and on July 30, 2016 from 9 pm to 2 am, for fundraisers with approx. 300 people expected to attend each event.  The clerk advised that the following entities failed to pick up their approved alcoholic beverage license for events scheduled at TakeABow premises:  Empower 5/22; Woodrow Wilson 5/28.  Following up on this matter, the clerk received a letter from the Office Manager at Take A Bow Performing Arts Group that the events were canceled due to low ticket sales, etc.

          2.         Outside Special Exceptions.  The clerk called Paul Bales, t/a Casey Jones, with regard to his request to re-define his licensed premises to include an outside area for Rocktober-fest 2016, to be conducted in cooperation with the Town of La Plata and LaPlata Business Association, on Saturday, October 1, 2016 as described in their written request and drawing dated June 6, 2016.  Mr. Bales was not in attendance and the clerk rescheduled this matter to their next hearing date. 

            Alfred Jolliffe t/a Gilligan’s Pier Restaurant, LLC, appeared with regard to his request to add an additional 8’ x 15’ walk-up bar to the previously approved outside area, to be used as a “crush bar”, with pre-made adult drinks, and occasionally beer.  Mr. Jolliffe appeared and testified that the bar will not include any bar stools, and at times may be solely used as a non-alcoholic service bar serving lemonade.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the limited use of the “crush bar” as described, and presented to the Board.

          3.         Keshab Sharma, Andre Patrick Lane, Krystal, LLC, 10573 Theodore Green Blvd., White Plains, Maryland 20695, t/a Willett’s Discount Liquor & Deli, appeared for a transfer of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license from Robert D. Ryan, Three Nines, Inc., t/a Willett's Discount Liquor & Deli, 10573 Theodore Green Blvd, White Plains, Maryland 20695.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Mr. Sharma holds an 80% interest in Krystal, LLC, serves as managing member/authorized person of the LLC, and anticipates being involved in the day-to-day operation of the business.  Mr. Lane holds a 20% interest in Krystal, LLC, serves as an authorized person/managing member in Krystal, LLC; and, serves as the resident licensee.  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 the payment of the appropriate transfer fee. 

          4.         Baldevbhai Ambalal Patel, Scott Francis Gordon, Drashti, Inc., t/a Bryans Road Liquors, 3105 Marshall Hall Road, Bryans Road, Maryland 20616, appeared for a transfer of the Class D – Beer & Wine (on/off sale) Liquor (off sale only) alcoholic beverage license, from Suman Kumar, Scott Francis Gordon, Bryans Wine & Spirits, LLC, t/a Bryans Road Liquors, 3105 Marshall Hall Road, Bryans Road, Maryland 20616.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other matters, that Baldevbhai Ambalal Patel serves as President/Secretary and holds an 80% interest in Drashti, Inc. and that Scott Francis Gordon, serves as Vice President holding a 20% interest in Drashti, Inc., and meets the residency requirements.  Mr. Patel further testified that he intends to be involved in the day-to-day operation of the business and anticipates no change in the operation of the business.  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 the following outstanding matters:  satisfaction of delinquent Sales & Use Tax issues; successful Alcohol Awareness certification; Sales Tax ID for Drashti, Inc.; copies of stock certificates; and a signed lease; along with payment of the appropriate transfer fee within 30-days of the written Order.

          5.         Agapito Labaya Dienzo, Kwang-Woo Choi, Deborah Marie King, CD888, LLC, t/a Bonchon Waldorf, 3059 Waldorf Marketplace, Waldorf, Maryland  20603, appeared for a new Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only), with a defined premises to include an Outside Special Exception area, without entertainment.  Counsel to the applicant was Linda Carter, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that all applicants serve as authorized persons of CD888, LLC; with Mr. Dienzo and Mr.Choi each holding a 40% interest, and Ms. King holding a 20% interest and serving as resident licensee.  Also appearing on behalf of the applicants was Carol Dienzo, Manager.  The applicants anticipate a franchise type restaurant with a small outside area, specializing in Korean style fried chicken, and serving families. Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved as presented, contingent upon receipt of a satisfactory FBI criminal history background report for Mr. Agapito Labaya Dienzo, and payment of the annual license fee.

          6.         Hector Flores, La Hacienda II, LLC t/a La Hacienda II, 2796 Old Washington Road, Waldorf, Maryland  20601, appeared for a new Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license w/entertainment.  Counsel to the applicant was Thomas DeCaro, Esquire.            

            The applicant originally came before the Board of License Commissioners on June 9, 2016. Counsel to the applicant was Thomas DeCaro, Esq.  Herculese Vargas, 40% interest holder of La Hacienda II, LLC and Walter Alvarez, 40% owner of La Hacienda II, LLC, testified as to certain aspects of the operation of the proposed business.  However, the Board determined the application was incomplete and they failed to present a complete case and were unprepared to move forward.  Therefore, upon a motion duly made, seconded and unanimously carried, the Board voted to continue this matter to the next hearing on July 14, 2016, with no re-posting/publishing required.  The following items remained outstanding:  alcohol awareness certification, Health permit, Use & Occupancy Permit, Maryland Sales Tax ID number, workers’ compensation certification and affidavit of posting.

            The matter was recalled on July 14, 2016.  Applicant Hector Flores testified as the sole licensee, holding a 20% interest in La Hacienda II, and meets the residency requirements having currently and for the past 2 years resided in Charles County.  Also testifying was Mr. Vargas and Mr. Alvarez, reasserting their interest in La Hacienda and setting forth their involvement in the day-to-day operation of the proposed business.  The applicants further testified as to their understanding that the Use & Occupancy submitted for the record did not allow for entertainment.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the new Class B/RB (Restaurant/Bar) Beer, Wine & Liquor (on sale only) alcoholic beverage license, without entertainment, contingent upon payment of the annual license fee.

          7.         Show Cause in the matter of the Class A - Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Sheena Marie Breiner, Holiday Liquors, Inc., t/a Holiday Liquors, 3385 Leonardtown Road, Waldorf, Maryland  20601.  In consideration of the testimony and evidence presented in the matter of the Charges and Show Cause Order dated June 21, 2016, issued in the above-entitled matter, the licensee and clerk appeared and acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on May 20, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  The Board ordered that the alcoholic beverage license be suspended for 3 days, with all 3 days held in abeyance for 3 years from the date of this hearing, contingent upon no further violation being assessed during that timeframe.  It was further ordered that the licensee be fined Seven Hundred Fifty Dollars ($750.00); and, that the server, Peter Michael Reshetar, be fined Three Hundred Dollars ($300.00); each 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.

          8.         Kunjan B. Patel, Agnes Marie Neal, Holiday Liquors, LLC, t/a Holiday Liquors, 3385 Leonardtown Road, Waldorf, Maryland 20601, appeared for a transfer of a Class A – Beer, Wine & Liquor (on sale only) Package Goods alcoholic beverage license from Sheena Marie Breiner, Holiday Liquors, Inc., t/a Holiday Liquors, 3385 Leonardtown Road, Waldorf, Maryland 20601.  Counsel to the applicant was Linda Carter, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application which evidences, among other things, that Mr. Patel serves as managing member and holds an 80% interest in Holiday Liquors, LLC.  Agnes Marie Neal serves as managing member holding a 20% interest in Holiday Liquors, LLC and meets the residency requirements having currently and for the past 2 years resided in Charles County, Maryland.  Mr. Patel further testified that he intends to be involved in the day-to-day operation of the business and anticipates no change in the operation of the business.  This applicant is in anticipation of a settlement of a sale/purchase agreement between the current licensees and the applicant, for the business, personal, and real property within 30-days.  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 the following outstanding matters: Settlement of business and real property; deed; lease; Operating Agreement, satisfactory Petition, satisfactory FBI & Maryland criminal history background reports for Mr. Patel; Bulk transfer affidavit; Use & Occupancy Permit; Sales Tax ID#, and Workers’ Comp certificate; along with payment of the appropriate transfer fee within 30-days.

          9.         Show Cause in the matter of the Class D – Beer, Wine (On/off), Liquor (off sale only) alcoholic beverage license issued to James Michael Williams, My Bryantown Store, LLC, t/a Bryantown Store, 6435 Leonardtown Road, Bryantown, Maryland  20617.  Counsel to the licensee was David Martinez, Esq.  In consideration of the testimony and evidence presented in the matter of the Charges and Show Cause Order dated May 2016; the licensee and clerk appeared before the Board and acknowledged receipt of the show cause order and admitted to providing service to an Approved Underage Person on April 2, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  It is was ordered, that this violation constitutes a subsequent offense to a matter which was adjudicated by the Board of License Commissioners on May 14, 2015, at which time the Board ordered a $750/$50 fine(s), and in pertinent part, a 3-day suspension, with 3 of the 3 days held in abeyance for 3 years, contingent upon no further violation.  It was further ordered that the alcoholic beverage license be suspended for 6 days, with 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violation assessed during that timeframe. It was  further ordered, that the 3-day suspension is to begin at opening of business on Monday, July 25, 2016, and end at close of business Wednesday, July 27, 2016; and that the licensee be fined Two Thousand Dollars ($2,000.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners before reinstatement of the alcoholic beverage license; and that the server, Ronakkumar Patel, be fined One Hundred Fifty Dollars ($150.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 60 days of the date of the written Order.

          10.       Show Cause in the matter of the Class D - BWL (on/off sale) alcoholic beverage license issued to Hsu Dong Chen, Dongxing Chen, 228 Liquors Limited Liability Company, t/a Bunker Hill Inn, 9800 Bunker Hill Road, Waldorf, Maryland  20603.  In consideration of the testimony and evidence presented in the matter of the Amended Charges and Show Cause Order dated July 6, 2016, the licensee and clerk appeared and acknowledged receipt of the amended show cause order and admitted to providing service to an Approved Underage Person on May 20, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  The Board ordered that the alcoholic beverage license be suspended for 3 days, with all 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violation being assessed during that timeframe.  It was further ordered that the licensee be fined Seven Hundred Fifty Dollars ($750.00), and that the server, Peter Hugh Lin, be fined One Hundred Dollars ($100.00), each 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.

          11.       Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Arvind R. Patel, Dip Corporation, t/a White Plains Liquors, 4425 Crain Highway, White Plains, Maryland  20695.  Counsel to the licensee was David Martinez, Esq.  In consideration of the testimony and evidence presented in the matter of the Charges and Show Cause Order dated June 21, 2016, the licensee and clerk appeared before the Board and acknowledged receipt of the show cause order, and admitted to provide service to an Approved Underage Person on May 20, 2016 in violation of Article 2B, §12-108 of the Annotated Code of Maryland.  The Board ordered that the alcoholic beverage license be suspended for 3 days, with all 3 days held in abeyance for 3 years from the date of the hearing, contingent upon no further violation being assessed during that timeframe.  It was further ordered that the licensee be fined Five Hundred Dollars ($500.00), 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.  It was finally ordered that this violation serves as a subsequent offense for the server, Dilipkumar Shankarlal Patel, who was previously found in violation of serving alcoholic beverages to an underage person on July 12, 2014 at a different licensed establishment; and, that Dilipkumar Shankarlal be fined Five Hundred Dollars ($500.00), 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.

            12.       Show Cause in the matter of the Class D – Beer, Wine (On/off), Liquor (off sale only) alcoholic beverage license issued to Darshini Patel, Diane Shelton, Mary's LLC, t/a Lady's Liquors, 6474 Crain Highway, La Plata, Maryland  20646.  Counsel to the licensee was Hammad Matin, Esq.  At the request of the licensee, this matter was continued to August 11, 2016.

            13.       Show Cause in the matter of the Class A - Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Mark A. Larner, Chesapeake Wine Shoppe, LLC, t/a Chesapeake Wine Shoppe, 12030 Jefferson Farm Place, Waldorf, Maryland  20601. Counsel to the licensee was David Martinez, Esqurie.  At the request of the licensee, this matter was continued until August 11, 2016.  

            14.       The Board approved a request filed by David Martinez, Esq., on behalf of his clients, to extend the time to obtain the Use and Occupancy permit for the approved licenses for both 228 Market until August 31, 2016; and for Social @228 until September 30, 2016. 

            15.       The Board approved a request for an additional thirty days to obtain the Use & Occupancy Permit for Spoon's BBQ in Rosewick Crossing.  The new license was approved in May and it was anticipated opening within 60 days. 

            16.       The clerk advised that the legislative time guidelines for the County Commissioners 2017 Preliminary Legislative Package require that any legislative proposals be filed by Friday, August 26, 2016.  The public hearing on the legislative proposals has been scheduled for Tuesday, September 13, 2016 at 6:00 p.m.  The Board asked the clerk to place this matter on their next agenda for further discussion and consideration of any proposals. 

            17.       M/Cpl. Judith Thompson presented her compliance report indicating the following 21 of 28 licensees passed a Compliance inspection since the June hearing:

 

  1. Blue Dog Saloon, Port Tobacco
  2. The Country Place, Bryans Road   (Drive-In check)
  3. Ledo Pizza & Subs, Waldorf
  4. Bowler’s Choice Restaurant, Waldorf   (Recheck)
  5. Colonial Liquors, La Plata (Drive-In check)
  6. Red Oak Bistro, La Plata
  7. Absher Liquors, La Plata (Drive-In check)
  8. Port Tobacco Marina, Port Tobacco
  9. Lee’s Market, Glymont
  10. Bryans Road Liquors, Bryans Road
  11. TGI Friday’s, Waldorf
  12. World Liquors & Fine Wines, Waldorf   (Drive-In check)
  13. Korner Liquors, Waldorf (Drive-In check)
  14. Waldorf Liquors, Waldorf (Drive-In check)
  15. Jimmies Paddock, White Plains   (Drive-In check)
  16. Simpson’s Corner, Dentsville
  17. Rosewick Wine & Spirits, La Plata
  18. Texas Ribs/BBQ, Waldorf
  19. The Olive Garden Italian Restaurant, Waldorf
  20. Napoli Pizzeria, Waldorf
  21. Thai Palace, Waldorf

            With no further business the meeting adjourned at 3:30 p.m.

 

                                                                        _____________/s/____________________

                                                                                    Lisa Bailey, Clerk