Minutes - November 8, 2012
The following members of the Board were present: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, Wayne Magoon, Thomasina Coates and William B. Young. Also in attendance was Alcohol Enforcement Coordinator Master Cpl. Judith Harman, 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:
St. Joseph Parish Center, by: Fr. Mark Smith. Appearing on behalf of the applicant was Elaine Overgard, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor inside the Parish Center on December 31, 2012 from 7:00 P.M. to 2:00 a.m., for their 250th Anniversary New Year’s celebration with approx. 250-300 people expected to attend.
Shymansky’s Marina, 16320 Cobb Island Road, Cobb Island, request for a 1-day open air exception to sell and allow their patrons to consume alcoholic beverages in a defined outside area for the Knights of Columbus Annual Rockfish Tournament on November 17 (rain date 11/24), from Noon to 6 P.M.
Benedict VFD & RS, Inc., by Sean Kerrigan, Fire Chief, failed to appear for a 1-day temporary alcoholic beverage license to sell/serve serve Beer, Wine & Liquor inside the firehouse on November 10, 2012 from 11 a.m. to 2 a.m. for a fundraiser with approx 60 people expected to attend. It was subsequently learned that the event had been cancelled.
2. Carlos Eduardo Politano, Adam DeSales Mudd, Chalak-Politano Waldorf, LLC, t/a Genghis Grill, 2928 Festival Way, Suite 405, Waldorf, Maryland, 20601, 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 Adam DeSales Mudd serves as a managing member and resident licensee, and holds a 20% interest in the limited liability company. Mr. Carlos Politano also serves as managing member and holds a 20% interest in Chalak-Politano Waldorf, LLC. The remaining 60% interest is held by Chalak-Politano Joint Venture, LLC. 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 payment of the appropriate prorated license fee.
3. Geraldine McKevie, Reginald Saunders, G & G Associates, LLC, t/a East 228, 9425 Berry Road, Waldorf, Maryland 20603, for a transfer of a Class D – Beer, Wine & Liquor (on/off sale) alcoholic beverage license from Misty Lee Conner, Ranjeet K. Gill, Blue Bay Restaurant & Liquor Store, Inc., t/a Blue Bay Restaurant & Liquor Store, 9425 Berry Road, Waldorf, Maryland 20603. Counsel to the applicant was David Martinez, Esquire. Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that both Geraldine McKevie and Reginald Saunders are managing members of G & G Associates, LLC, both meet the residency requirements and hold 60% and 40% interest, respectively. 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 certification of Workers’ Compensation coverage, satisfactory FBI criminal history background reports for both applicants, certification of compliance from the Maryland Department of Assessments and Taxation and the Charles County Treasurer, and payment of the $200 transfer fee.
4. Reconsideration of Show Cause in the Matter of the Class B - BWL (on sale only) BLX Luxury Restaurant alcoholic beverage license issued to Christopher A. Ramsey, Philip M. Goodenough, Georgios I. Markomanolakis, BWW Waldorf, LLC, t/a Buffalo Wild Wings Grill & Bar, 11215 Mall Circle Drive, Waldorf, Maryland 20603, regarding Vernon Jerome Craig, alleging illegal service to a minor on June 27, 2012. This matter initially came before the Board of License Commissioners for Charles County, Maryland on the 13th day of September, 2012. Licensee Philip M. Goodenough appeared and was represented by Linda Carter, Esq., who on behalf of her client, the licensee(s), acknowledged receipt of the Charges and Show Cause Order at least ten (10) days prior to the hearing and admitted to the allegation contained in the Show Cause Order.
The alleged server/clerk, Vernon Jerome Craig, failed to appear on Thursday, September 13, 2012, and the Board remanded the matter to the Alcohol Enforcement Officer with the instruction that she consider filing a Statement of Charges with the Charles County State’s Attorney in regard to the allegations against the server, Vernon Jerome Craig. On October 11, 2012, the Board unanimously moved to reconsider the action taken at the September 13, 2012 hearing and to re-issue the Show Cause Order only upon the alleged server, Vernon Jerome Craig, with instruction that he appear at the next hearing, November 8, 2012 at 10:30 a.m.
Vernon Jerome Craig appeared on November 8, 2012, and acknowledged receipt of the Show Cause Order, and further admitted to the allegations. Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report. Further testimony was presented by Vernon Jerome Craig as to the circumstances of the sale to the authorized underage person. Mr. Craig further testified in response to a direct question from the Board of License Commissioners, that Exhibit 2 submitted by the licensee on September 13, 2012 did not contain his signature. In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that Vernon Jerome Craig be fined Three Hundred Dollars ($300.00), made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days of the date of this Order.
5. The clerk advised that John Pickeral t/a Ironsides Store appeared before them on July 12, 2012 and the Board granted a request for closure due to renovations for 120 days. The licensee has NOT re-opened and no application for transfer is pending at this time. The Board directed that a Show Cause be prepared and served on the licensee asking him to appear at the next meeting.
6. M/Cpl. Judith Harman presented her Quarterly Report of Compliance Check Program, for the 3rd Quarter 2012.
7. M/Cpl. Judith Harman advised that there were no Compliance Checks reported this past month.
8. Upon a motion duly made, seconded and unanimously carried, the Board approved the Minutes of the October 11, 2012 meeting.
9. The clerk advised that the County Commissioners Public Hearing on the Citizens’ Legislative Proposals was rescheduled to Wednesday, November 14, 2012 at 7:00 p.m. Former Delegate Wm. Daniel Mayer asked the Board of License Commissioners to consider supporting his legislative proposal to repeal the limitations on alcoholic beverage licenses with an “off sale” provision. The Board agreed to support the proposal.
The Board allowed Mr. Chuck Loscoco to be heard in regard to his opposition to Delegate Mayer’s legislative proposal.
With no further business, the meeting adjourned at 11:46 A.M.
Lisa Bailey, Clerk