Minutes - June 14, 2012 | www.charlescountymd.gov

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Charles County, Maryland

Minutes - June 14, 2012

Minutes
Thursday, June 14, 2012

Minutes – June 14, 2012

The Board of License Commissioners for Charles County, Maryland, met on June 14, 2012 at 9:30 a. m. in Executive Session in the County Attorney's Office, La Plata, Maryland, to review the current agenda and minutes of the May 10, 2012 meeting prior to proceeding with the public hearing. 

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

The Board moved to 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:

Spring Dell Center, Inc., by:  Donna Retzlaff, Executive Director.  Appearing on behalf of the applicant was Connie Fuksa and Willett, for a 1- day temporary alcoholic beverage license to sell/serve Beer only outside at Serenity Farm, on September 29, 2012 from 1-9p.m. for a fundraiser for Cancercare with approx. 200 people expected to attend.

Charles County Chamber of Commerce, by Carlos Montague, President.  Appearing on behalf of the applicant was Dee Hancock & Betsy Bureia, for (3) 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor for their monthly Chamber Mixers from 5:30-7:30 p.m., on the following dates & locations, with approx. 100 people expected to attend each mixer:  July 12, 2012 @ inside Raley’s Home Furnishings, 11800 Holly Lane, Waldorf; August 2, 2012 @ Blackstone Management, LLC, 107 Centennial Street, La Plata; and September 6, 2012 @ inside Residence Inn by Marriott, 3020 Technology Place, Waldorf

Education Association of Charles County, by:  Elizabeth Brown, for a 1-day temporary alcoholic beverage license to sell/serve Beer at the Commercial Building “B” and Pavilion at the Charles County Fairgrounds on August 17, 2012 from 3:30-8 p.m., for their “Welcome Back” crab feast, with approx. 500 people expected to attend. 

Accokeek/Bryans Road Lions Club, by Marshall King, President.  Appearing on behalf of the applicant was Bill Cassidy, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor at White Plains Golf Course on July 30, 2012 from 9a.m.-3:30 p.m. (rain date 8/6) for a memorial golf tournament with approx 120 people expected to attend.

Elks Center – Pride of Southern Maryland Lodge #968 & Temple 651, by Mattie L. Henry, Daughter Ruler.  Also appearing was Betty Waters, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor inside the Elks Center, 3380 Livingston Road, Indian Head, on July 14, 2012 from 9 am–9 pm, for their Anniversary celebration with approximately 100-150 people expected to attend.

Sigma Alpha Lambda Foundation, by Derrick D. Munn, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor inside the La Plata Volunteer Firestation Hall on September 22, 2012 from 4pm-Midnight for a fundraiser for a Scholarship Program with approx. 150 people expected to attend.

Southern Maryland Concert Band, by:  Jack Belle, for a 1-day temporary alcoholic beverage license to sell Beer Only on Sunday, July 15, 2012, from 11 a.m. to 8 p.m. at the Village Green, Indian Head, for a fundraiser with approximately 500 people expected to attend.

          2.       Myung Ho Paik, Robert A. Boarman, Waldorf, Inc., t/a Spice Lounge Bar & Grill, 3250 Old Washington Road, Waldorf, Maryland 20602 appeared for a new Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license and were represented by David Martinez, Esquire.   Testimony was presented by the applicant pertaining to the facts contained in the application, evidencing that Hyung Ho Paik holds an 80% interest in Waldorf, Inc., and serves as President/Secretary.  Mr. Boarman holds a 20% interest in Waldorf, Inc., and serves as the Vice President and resident licensee.  Also testifying on behalf of the applicant was Kenneth Paik, who served as interpreter during the hearing and is the son of applicant Myung Ho Paik.  Kenneth Paik testified that he will serve as manager of the premises and be in charge of the day-to-day operation of the business.  Further testimony from the applicant evidenced that the premises will require an $800,000 investment and be a “1st class” establishment.  The premises will offer no live music, but will have a DJ, video golf, and cage dancers.  The applicant testified that the entertainers’ and staff attire will remain compliant with Article 2B, Section 10-405, and described them as bikini clad cage dancers, and wait staff clad in “western wear.”  At 11:10 a.m., Mr. Magoon made a motion to allow for a 10 minute break to consult with legal counsel about the interpretation of H.B. 1050.  The motion was seconded by Mr. Young and the Board reconvened at 11:20.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board moved to continue the hearing for 30 days, until their next scheduled hearing date on July 14, 2012, to allow counsel an opportunity to review HB 1050. 

            3.         Judith T. Goldsmith, Mary C. Dorough, James E. Goldsmith, Jr., t/a Goldsmith Country Store, 15486 Rock Point Road, Newburg, Maryland  20664.  Mr. Goldsmith appeared for a reclassification of their Class D – Beer & Wine (on/off) Liquor (off sale only) alcoholic beverage license to a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license.  Testimony was presented by the applicant pertaining to the facts contained in the application, including a diagram indicating no “full bar” area is being sought, and testimony that they will continue to operate as they have over the past 18 years, with the only exception being that they will now be allowed to serve spirituous liquor to their on-site patrons.  Upon consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board approved the reclassification contingent upon the licensee paying the difference between their current annual license and the revised license fee.   

            4.         Robert Jackson Hubbard, Jr., Dexter Keith Bordes, Hubbard’s Southern Grill, LLC, t/a Hubbard’s Southern Grill, 173 St. Patrick’s Drive, Suite 200, Waldorf, Maryland  20602, for a new Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license.  Counsel to the applicant was John F. Mudd, Esquire.  The Board approved the applicant’s request to reschedule this matter to the August hearing.

            5.         Big Mouth Liquor, LLC, t/a Big Mouth Beer, Wine & Spirits, 2175 Crain Highway, Waldorf, Maryland  20601, with a request to expand their licensed premises to include an outside deck/patio area.  Counsel to the applicant was David Martinez, Esquire.  The applicant testified as to the outside "special exception" area, described as a “... an outdoor deck seating area of approximately 392 square feet located in back of building and does not exceed 50% of the approximately 9,000 square feet of the licensed premises.  The proposed seating capacity is twenty-one (21).”  Further, the defined area is surrounded by a 6’ high board on board fencing; that it was their intention to serve alcoholic beverages to their customers via the inside bar area only, and that no outside bar area is requested or granted.  The applicant further testified that there would be no live or amplified entertainment on the outside area, and that their request is submitted as an accommodation to their patrons.  The licensees will seek and obtain all necessary 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 request as presented contingent upon compliance with a Consent Order setting forth the terms and conditions of the approval.

            6.         Tony Lee Graham, Terrance Andrew White, Michele Maureen Alley, NWTG, Inc., t/a The Prime Street Grille, 4680 Crain Highway, White Plains, Maryland 20695, with a request to expand their licensed premises to include an outside deck/patio 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 1,020 square feet (40’x18’ and 30’x10’), located on the north side of the building, and does not exceed 50% of the licensed premises.  The proposed seating capacity is seventy-four (74).”  Further, the defined area is surrounded by an approximate 4’ high railing.  It was the applicant’s intention to serve alcoholic beverages to their customers via the inside bar area only, and that no outside bar area is requested or granted, and that 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 request as presented contingent upon compliance with a Consent Order setting forth the terms and conditions of the approval.

            7.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Ashok Jayant Kavi, Kavi, Inc., t/a The Liquor Store, 100 Smallwood Village Center, Waldorf, Maryland  20602.  The above-captioned licensee appeared and was represented by John F. Mudd, Esquire.  On behalf of his client, Mr. Mudd acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation that the licensee, his agent(s), servant(s) or employee(s), served alcoholic beverages to a person under the age of twenty-one.  Also appearing was the alleged server, Cemanino Lotonius Douglas, who also admitted to the violation.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report, as well as testimony as to a prior offense which came before the Board in April, 2009.  Further testimony and exhibits were presented from the licensee as to the mitigating circumstances, their training policy and previous successful inspections.  Also presented was testimony by the server Cemanio Lotonius Douglas.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board of License Commissioners ordered that the license be suspended for a period of 3 days, with all days held in abeyance for three years; and it was further ordered that the server, be fined One Hundred Dollars ($100.00).

           8.         Show Cause in the matter of the Class A – Beer, Wine & Liquor (off sale only) Package Goods alcoholic beverage license issued to Edward J. Kim, Ki Ki Leung, EKM, Inc., t/a Angelo's Liquors, 187 St. Patrick's Drive, Waldorf, Maryland  20603.  The above-captioned licensee, Edward J. Kim, appeared and was represented by John F. Mudd, Esquire.  On behalf of his client, Mr. Mudd acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation that the licensee served alcoholic beverages to a person under the age of twenty-one.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report, as well as testimony as to five prior refusals to sell/serve alcoholic beverages to the authorized underage person.  Further testimony was presented by the licensee that he is very regretful about his mistake and accepts full responsibility.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board of License Commissioners ordered that the alcoholic beverage license be suspended for a period of 3 days, with all days held in abeyance for three years; and it was further ordered that licensee, Edward J. Kim, be fined Five Hundred Dollars ($500.00) made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days from the date of the Order.

            9.         Show Cause in the matter of the Class B – Beer, Wine & Liquor (on sale only) BLX Luxury Restaurant alcoholic beverage license issued to Milinda L. Ruehl, Tesfa Temelso, Robel T. Yohannes, Harmony Entertainment Group of Maryland, t/a WOW Cafe & Wingery, 3010 Waldorf Market Place, Waldorf, Maryland  20603 alleging purchase from other than a wholesaler.  Counsel to the licensee was Varsha Sharma, Esquire.  Upon a motion duly made, seconded and unanimously carried, the Board approved a request by the licensee to reschedule this matter to the July hearing.

            10.       Show Cause in the matter of the Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license issued to Veronica Magana, Dos Emes, Inc., t/a La Tolteca Restaurante Mexicano, 6625 Crain Highway, La Plata, Maryland  20646.  Counsel to the licensee was Hammad Matin, Esquire, who contested the charges contained in the Show Cause Order.  Upon a motion duly made, seconded and unanimously carried, the Board rescheduled a full hearing in this matter to the July hearing.

            11.       Show Cause in the matter of the Class D – Beer & Wine (on/off) Liquor (off only) alcoholic beverage license issued to May C. Wade, Amit N. Patel, My Wayside Store, LLC, t/a Wayside Store, 13074 Rock Point Road, Newburg, Md 20664.  The licensee, Amit N. Patel, appeared and was represented by David Martinez, Esquire.  On behalf of his client, Mr. Martinez acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation that the licensee, his agent(s), servant(s) or employee(s), believed to be Araceli Arenas Lopez, served alcoholic beverages to a person under the age of twenty-one.  Also appearing was Araceli Arenas Lopez, who was represented by an interpreter.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report.  Further testimony was presented by the licensee that his employee was a new employee and did not have much experience since the store reopened after renovation due to a flood.  In addition, this matter was considered a subsequent offense to a matter which came before the Board in October, 2010, wherein the Board ordered a $500 fine and held two of a three day suspension in abeyance for three years.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board of License Commissioners ordered that the alcoholic beverage license be suspended for a period of 5 days, with one of the 5 days held in abeyance for 3 years from the date of this hearing.  Suspension is to begin at opening of business on Monday, June 25, 2012 and conclude at close of business on Thursday, June 28, 2012; and it was further ordered that licensee, Mae C. Wade, Amit N. Patel, be fined One Thousand Dollars ($1,000.00); and the server, Araceli Arenas Lopez,, be fined One Hundred Dollars ($100.00); each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days from the date of the Order.

            12.       The Board approved a request from Hooter's of Waldorf, LLC, t/a Hooter's, 3600 Crain Highway, Waldorf, Maryland  20602, for a 1-day special exception to expand their licensed premises to include a defined outside area for their Fireman vs. Police Corn Hole Tournament, scheduled for June 30, 2012 from 1-6 p.m.

            13.       The Clerk provided the Board members with a copy of the Winery Special Event Permit, Golden Leaf Farm, LLC t/a Romano Vineyard & Winery at Farmers Market, 10400 O’Donnell Place, Waldorf, MD 20603 on May 18, 2012.

            14.       M/Cpl. Judith Harman presented her Compliance Check Report for the month of May, evidencing the following 7 out of 10 premises which passed a compliance check:

            1.         Goldsmith Country Store, Issue

            2.         Aqualand Marina Ship’s Store, Newburg

            3.         Colonial Liquors, La Plata (Drive-In check)

            4.         Murphy’s Store, La Plata (Drive-In check)

            5.         Aqualand Campground Store, Newburg

            6.         Green Turtle, La Plata

            7.         Commerce Liquors, Waldorf (Drive-In check) (Recheck)

 

            15.       The Board called Celene Graves, t/a Capt. Billy’s Seafood Restaurant, for a 3-day special exception to expand her licensed premises to include a defined inside/outside area, including the contiguous area between Capt. Billy’s and the outside, as well as the inside area, of the vacant premises formerly t/a PC Waterfront, submitted by counsel to the licensee David Hruda, Esquire.  The applicant having failed to appear the Board continued this matter to the July hearing.

            16.       Upon a motion duly made, seconded and unanimously carried, the Board approved the May 10, 2012 minutes as presented.

            With no further business, the meeting adjourned at 2:10 p.m.

__________/s/__________________________

Lisa Bailey, Clerk