Minutes October 11, 2012 | www.charlescountymd.gov

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Charles County, Maryland

Minutes October 11, 2012

Minutes
Thursday, October 11, 2012

            The following members of the Board were present: Pamela Smith, Chairwoman, Vice Chairman Burkey Boggs, 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:

La Plata VFD, Inc., by Lynn D. Gilroy, for two (2) 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor at La Plata VFD Activity Hall on October 27, 2012 and November 24, 2012, from 7 pm to 2 a.m. for Texas Hold’em Fundraisers with approx. 100-150 people expected to attend each event.

Cobb Island VFD & EMS, Inc., by Kathy Kilinski, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only, inside and outside by Oyster scald, on November 4, 2012, from noon – 5p.m., for their 60th Annual Oyster Scald fundraiser with 400 people expected to attend.

St. Mary’s Catholic Church, Bryantown, MD, By John Wankowski, for a 1-day temporary alcoholic beverage license to sell/serve Beer Only, inside the church and school hall on November 4, 2012 from Noon-6p.m., for their 14th Annual fundraiser with 500+ people expected to attend.

Wine Diva Golf Tournament/FOP #24, by Mary Jane Cupples.  Appearing on behalf of the applicant was Terrance Brown, for a 1-day temporary alcoholic beverage license to sell/serve Beer, Wine & Liquor, at White Plains Golf Course on October 22, 2012 from Noon – 6 p.m. for a fundraiser with approx 100 people expected.

            2.         That applicants, John F. Mudd, Jr., Meredith Schaefermeyer, The Noodle Shop, Co. – Charles County, Inc., t/a Noodles & Company, 3055 Waldorf Market Place, Waldorf, Maryland  20603, appeared for a transfer of a Class H – Beer & Wine (on/off sale) alcoholic beverage license from John F. Mudd, Jr., Craig T. Martin, The Noodle Shop, Co.--Charles County, Inc., t/a Noodles & Company, 3055 Waldorf Marketplace, Waldorf, Maryland  20603.  Counsel to the applicant was David Mister, Esquire.  Testimony was presented by the applicants pertaining to the facts contained in the application, including evidence that the new officer, Meredith Schaefermeyer is the area manager to 10 different locations; that nationally, alcohol sales only constitute 1.5% of sales for Noodles & Co.; and that managers are the only employees authorized to sell/serve alcoholic beverages.  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. 

            3.         That applicant, Sarwan Singh, Charles St. Liquors, LLC, t/a La Plata Liquors, 503 E. Charles Street, La Plata, Maryland  20646, appeared for a transfer of a Class D – Beer & Wine (on/off sale) Liquor (off only) alcoholic beverage license from Sarwan Singh, La Plata Liquors, LLC, t/a La Plata Liquors, 503 E. Charles Street, La Plata, Maryland  20646.  Counsel to the applicant was David Martinez, Esquire.  Testimony was presented by the applicant pertaining to the facts contained in the application, including evidence that this application constitutes a change in corporate entity only, that the licensee is the sole member of the LLC, and that the licensee himself will remain on the 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 contingent upon the applicant providing the Board with a copy of their Use & Occupancy Permit, lease agreement; and payment of the appropriate transfer fee. 

            4.         Patricia Garcia, RBP, Inc., t/a Mexico Restaurant, 2936 Festival Way, Waldorf, Maryland  20603, appeared for a transfer of the Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license to Patricia Garcia, RBP, Inc., t/a Mexico Restaurant, 10598 Middleport Lane, White Plains, MD  20695.  Counsel to the licensee was John F. Mudd, Esquire.  Testimony was presented by the applicant pertaining to the facts contained in the application, including evidence that this application constitutes a change of location within the same (6th) election district, which is currently licensed to Iretha Loredo, t/a Loredo’s Restaurant & Lounge.  Mrs. Loredo has consented to the transfer.  Ms. Garcia testified that this application constitutes a change of location only and that there are no other changes to the operation of her business.  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 B – Beer, Wine & Liquor (on sale only) alcoholic beverage license to a different location in the same election district, 10598 Middleport Lane, White Plains, MD  20695, contingent upon the current licensee, Iretha Loredo, t/a Loredo’s Restaurant & Lounge, turning her alcoholic beverage license to the Clerk to the Board of License Commissioners, and the applicant providing the Board with a copy of the new Health Permit, and Use & Occupancy Permit, along with the appropriate transfer fee. 

            5.         Show Cause in the Matter of the Class B – BWL (on sale only) alcoholic beverage license issued to Mary F. Sager, Sager's Ribs/BBQ of St. Charles, Inc., t/a Texas Ribs/BBQ, 108 Smallwood Village Shopping Center, Waldorf, Maryland  20602, alleging illegal service to a minor on or about August 30, 2012.  The licensee and alleged server/clerk, Autumn Marie Heisey, appeared and 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.  Testimony was presented by M/Cpl. Judith Harman as to the contents of her police report.  Further testimony was presented by the licensee, Mary F. Sager, and server Autumn Marie Heisey, as to the circumstances involving this sale, their training policies, and prior “passes” of compliance checks over the past several years.  In consideration of the testimony and evidence presented, and upon a motion duly made, seconded and unanimously carried, the Board ordered that the alcoholic beverage license be suspended for a period of 3 days, all of which are to be held in abeyance for three years; that the licensee be fined $500.00, and that the server, Autumn Marie Heisey, be fined $200.00, each made payable to the Charles County Treasurer and delivered to the Board of License Commissioners within 30 days of the date of the Board’s written Order.

            6.         The clerk advised that the Class B – Beer, Wine & Liquor (on sale only) alcoholic beverage license held by Annie E. Proctor, Larry J. Rowe, Annie's Family Soul Food, LLC, t/a Annie's Family Soul Food, 2796 Old Washington Road, Waldorf, Maryland  20601, was turned in to the Board as the premises is no longer in business.

            7.         The clerk advised that the Charles County Citizens’ 2013 State Legislative Proposals Public Hearing is scheduled for October 30, 2012 at 7:00 pm.  The Board agreed to be present at the public hearing to present their proposal and answer any questions the County Commissioners or Delegation may have with regard to the proposed amendment to Article 2B, §11.509 Hours of Operation.

            8.         M/Cpl. Judith Harman advised that no compliance checks were conducted during the past month

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

With no further business, the meeting adjourned at 11:50 A.M.

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Lisa Bailey, Clerk