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April 24, 2007

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MINUTES OF THE BOARD OF LICENSE COMMISSIONERS

OF CECIL COUNTY

 

The Board of License Commissioners of Cecil County met in a regular session at the County Administrative Building, Conference Room, 107 North Street, Elkton, MD on Tuesday, April 24, 2007 at 9:00 A.M.

 

PRESENT:     

Tim Snelling, Chairman

Herrel 'Cuz' Curry, Commissioner

William Gerweck, Commissioner

H. Norman Wilson, Jr., Esquire

Earl R. Bradford, Chief Alcohol Beverage Inspector

Robin S. Coyle, Administrative Assistant

 

Chairman Snelling called the meeting to order at 9:15.

 

New License Application received from Janet A. Hepbron, Member; Janel Griffith, Member; Dove Valley LLC, T/A Dove Valley, 645 Harrington Road, Rising Sun, MD 21911 for issuance of a new Class "A" Winery License

 

Janet Hepbron and Janel Griffith appeared before the Board; Mr. Wilson read the public notice which appeared on dates of April 10 and April 17, 2007.  Both applicants were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Eric Sennstrom, Director of Cecil County Office of Planning and Zoning; signatures of 10 property owners and registered voters in District 6-1; Articles of Incorporation with State of MD acceptance; Pro Forma Financial Statement; Minutes of corporation showing election of officers; Lease Agreement between Harry and Janet Hepbron and Dove Valley LLC; Criminal Waiver Forms; Alcohol Awareness Training; Certification Form; Request for Sunday Sales; Worker's Compensation Form.  Janel stated the winery is a family business; her son will be entering college and taking classes to someday take over the business.  Mr. Gerweck made a motion to approve the license; Mr. Curry seconded the motion and Mr. Snelling made it unanimous.

 

Transfer of License - Application received from Edward Quinn, Member; Kimberly M. Ramsey, Member; PGG, LLC, T/A The Club at Patriot's Glen, 300 Patriots Way, Elkton, MD 21921 for transfer of Alcoholic Beverage License No. GC-2 from James C. Wolf, Member; James R. Kelley, Authorized Person; Bradford Carillo, Authorized Person; PGG, LLC; T/A The Club at Patriots Glen, 300 Patriots Way, Elkton, MD 21921

 

Edward Quinn and Kimberly Ramsey appeared before the Board with attorneys Steven Luche and Rick Bechtel; Mr. Wilson read the public notice which appeared on dates of April 10 and April 17, 2007.  Both applicants were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Town of Elkton Director of Zoning; signatures of 10 property owners and registered voters in 3-1; Affidavit of Transferor; copy of menu; Bulk Sales Application and permit; Criminal waiver forms; Alcohol Awareness Form; Certification form indicating the form of business will be an 18 hole public golf course which will serve alcohol to golfers and with meals in the grille area; Workmen's Compensation form; Articles of Organization with State of MD acceptance; List of all members of the LLC; Pro Forma financial statement.  Mr. Bechtel asked Mr. Quinn what the settlement date is and Mr. Quinn stated this afternoon at 4:30; Mr. Bechtel asked if he asked had received a copy of the Local Rules & Regulations and Mr. Quinn answered that he received and read the rules.  Mr. Bechtel asked also if he had interest in any other liquor license in Cecil County and Mr. Quinn stated no; Mr. Bechtel asked if there were any other members and Mr. Quinn stated he is 100% owner of the business.  Mr. Bechtel then asked Ms. Ramsey if she had received and read a copy of the Local Rules & regulations and Ms. Ramsey stated yes she had received and read the rules.  She stated she will serve as manager/supervisor of the bar/grill and will be present eight to 10 hours per day.  Mr. Snelling asked if there would be a change of mode of operation and Mr. Quinn stated no.  With no further questions from the Board; Mr. Curry made a motion to approve the transfer and Mr. Gerweck seconded that motion; Mr. Snelling made it unanimous.  Mr. Bechtel then apologized and asked if the motion could be amended to be conditioned upon settlement and Mr. Curry amended his motion to approve the transfer conditioned upon settlement occurring; Mr. Gerweck seconded that motion and Mr. Snelling made it unanimous.

 

Transfer of License - Application received from Jacob F. Conrad, Member; David M. Read, Member; Tome's Landing Marina, LLC, T/A Tome's Landing Marina, 1000 Rowland Drive, Port Deposit, MD 21904 for transfer of Alcoholic Beverage License No. B-60 from Jacob F. Conrad, Member; David M. Read, Authorized Representative; Conrad/Dommel LLC, T/A The Liquor Cabinet, 1000 Rowland Drive, Port Deposit, MD 21904

 

Jacob Conrad and David Read appeared before the Board; Mr. Wilson read the public notice which appeared on dates of April 10 and April 17, 2007.  Both applicants were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certification signed by Sharon Weygand, signatures of 10 property owners and registered voters in District 7-1; Affidavit of Transferor; copy of menu; Bulk Sales Application and permit; Criminal waiver forms; Alcohol Awareness Form; Certification form indicating the form of business will be beer sales during marina hours; Workmen's Compensation form; Articles of Organization with State of MD acceptance; List of all members of the LLC; Pro Forma financial statement.  Both applicants were duly sworn by the Clerk.  Mr. Wilson asked who would be the operator of the license; Mr. Read stated he would be.  Mr. Snelling asked if both members had financial interest; Mr. Read stated Mr. Conrad has 66-2/3% and he has 33-1/3%; Mr. Gerweck asked if there would be a change in mode of operation and the applicants stated no.  Mr. Bradford stated this was a housekeeping item; changing corporations.  Mr. Gerweck made a motion to approve the transfer; Mr. Curry seconded the motion and Mr. Snelling made it unanimous. 

 

New License Application - Application received from Christina Shelby, Member; Bizzy B, Inc., T/A Excellent Convenience Store, 1486 Perryville, MD 21903 for a new Class "B" Beer, Wine & Liquor (BWL) Alcoholic Beverage License

 

Christina Shelby and Sanjiv Sharma and attorney, Jason Allison, appeared before the Board; they were duly sworn by the Clerk.  This is a continued hearing from February 2007; the applicants appeared before the Town of Perryville to gain approval for the zoning permit for the establishment.  Mr. Allison submitted the zoning certificate for the premises.  Mr. Wilson asked Ms. Shelby if any of the information on the application had changed since the application was filed on January 25, 2007 and she stated her address has changed to an Elkton address; she gave this address.  Mr. Allison stated the Town of Perryville put a stipulation on the hours of operation; there were also some cosmetic items that needed to be taken care of and these items have been completed.  Mr. Sharma stated he owns the laundromat in town and also lives in Perryville though he is not eligible to apply for citizenship until next year.  He stated since the opening of Food Lion his business has dwindled and it is increasingly difficult to remain in business; he does sell the lottery and takes in about $300,000 per year with that and pays his taxes, etc. on that.  Mr. Snelling stated his concern is the traffic pattern in and out of the business and was surprised none of the residents had a problem with his business; Mr. Allison stated one of the stipulations the town put on him was to mark the entrance and exit and Mr. Sharma stated he doesn't see a problem with the traffic.  Mr. Allison stated there was no opposition from citizens in the area, no one from the community was present at the Special Exceptions meeting.  Mr. Sharma did state he will be purchasing a card reader system to check IDs.  Mr. Curry made a motion to approve the issuance of the new license; Mr. Gerweck seconded the motion and Mr. Snelling made it unanimous. 

 

Transfer Application - Application received from Xianting Cao; Diane Stringer; Schaefer's Canal House Restaurant & Market, Inc. 208 Bank Street, Chesapeake City, MD 21915 for transfer of Class "B" Alcoholic Beverage License No. B-36 from Mr. George A. Albany III; Mr. Alexander Slater III; First Chester Services; 208 Bank Street, Chesapeake City, MD 21915

 

Xianting Cao and Diane Stringer appeared before the Board with attorney Frank Shaulis.  The fully executed application packet with proper fees included: Zoning certificate signed by Frank S. Hill, P&Z Chairperson for the Town of Chesapeake City; Affidavit of Transferor; Alcohol Awareness Form; Certification Form that is not complete with the nature of the business; Request for Sunday Sales; Workman's Compensation form which will be submitted when opening; there was a brief discussion regarding the items that still needed to be submitted for this application and the Canal House license; the Board decided they would continue with the hearing and make it a condition of submitting those items before the license is issued.  Both applicants were duly sworn by the Clerk and Mr. Wilson read the public notice which appeared on dates of April 10 and 17, 2007.  Chief Bradford stated they would need to submit a list of members of each corporation for the two businesses and they would need to ensure there was no cross-over of officers/members.  The Chairman called a recess so the Board could meet in Executive Session with Mr. Wilson about the members of the corporation.  After a lengthy discussion it was found that the two entities are separate; Mr. Cao owns the real estate, however each will be separate entities as far as the liquor license is concerned.  Mr. Wilson asked the applicants if the information that was submitted on the application was true when they signed the applications and if that information remained true today and both applicants stated yes.  Mr. Cao stated they are in the process of repairing the bulkhead and has presently invested about $600,000 in those repairs.  His plan is to open the downstairs and marina first so he can make some money before repairing the upstairs and opening that area and then he would like to only open an area for about 50 tables.  His plan also includes putting up a fence around the patio area of the banquet facility so anyone who wishes to may rent the patio and there will be no cross-over from the other license (drawing submitted and copies placed in both files).  It was also discussed that both entities have different addresses; the restaurant is considered 208 and the banquet facility is 224.  With no further discussion, Mr. Gerweck made a motion to accept the transfer conditioned upon the paperwork being submitted to complete the application as well as the tax issue being taken care of; Mr. Curry seconded that motion and Mr. Snelling made it unanimous.

 

Transfer Application - Application received from Jeanne Chang; Paul M. Stringer; C&D Canal, Inc., 208 Bank Street, Chesapeake City, MD 21915 for transfer of Alcoholic Beverage License No. B-56 from John H. Betts; Barbara S. Slater; First Pointe, Inc., 208 Bank Street, Chesapeake City, MD 21915

 

Jeanne Chang and Paul M. Stringer appeared before the Board with attorney Frank Shaulis.  The fully executed application packet with proper fees included: Zoning certificate signed by Frank S. Hill, P&Z Chairperson for the Town of Chesapeake City; Affidavit of Transferor; Alcohol Awareness Form; Certification Form that is not complete with the nature of the business; Request for Sunday Sales; Workman's Compensation form which will be submitted when opening.  Both applicants were duly sworn by the Clerk and Mr. Wilson read the public notice which appeared on dates of April 10 and 17, 2007.  Because they discussed the plans for the business during the last hearing; Mr. Wilson asked the applicants if the information that was submitted on the application was true when they signed the applications and if that information remained true today and both applicants stated yes.  With no further discussion, Mr. Gerweck made a motion to accept the transfer conditioned upon the paperwork being submitted to complete the application; Mr. Curry seconded that motion and Mr. Snelling made it unanimous.

 

Show Cause - Class "B" BWL Alcoholic Beverage License No. B-19 - Todd Stewart, President; Robert E. Stewart, Vice President; Carrie A. Riggs, Secretary; Hotel Port Deposit, Inc. T/A The Winchester Hotel; 15 South Main Street, Port Deposit, MD 21904

 

Todd Stewart and Michelle Cullum appeared before the Board with attorney Jason Allison.  Chief Bradford stated before the renewal period the office received a letter from the Comptroller's Office stating the establishments where there is a tax issue and stating these licenses should be held up until these items are cleared.  On that list it stated Shorbee, Inc.; after checking with the Comptroller's Office it was found that Hotel Port Deposit, Inc. has not paid taxes since 12/31/03.  The trader's license is filed under Shorbee, Inc. as well.  Mr. Allison explained that Mr. Stewart is an active member of the Army reserve; he was activated to active duty in December 2004 in Alabama, guarding chemical weapons site.  He explained he had an agreement with Ms. Cullum to run the business; they did not enter into a management agreement.  Mr. Allison continued that Mr. Stewart will be deployed to the Pentagon for 12 months and they now have entered into a management agreement and given Ms. Cullum power of attorney; he added that Mr. Stewart has owned the business for a number of years with no violations.  Ms. Cullum added that she is TIPS trained, she serves primarily sandwiches; her weekend hours are 11:00 AM until 2:00 AM and during the week 3:00 PM until midnight or what the crowd warrants.  She stated she does two charitable dinners during the year; no alcohol is served at all.  The Clerk stated there is a tax issue that needs to be satisfied before the license can be issued; Mr. Allison added the taxes have been satisfied.  With no further discussion Mr. Curry made a motion to approve the management agreement subject to notification from the Comptroller regarding the tax issue; Mr. Gerweck seconded that motion.

 

General Business

·                     Approve Minutes

                        The minutes from the March 27, 2007 meeting were approved.

·                     Specials

 

Old Business

·                     Renewals

·                     Change of Officers

·                     A-10            Hacks Point General Store

·                     B-2               Anchorage B&B

·                     B-55            Big Elk Mall Liquors

·                     B-71            Jumbo Jimmy's

·                     C-2               Loyal Order of Moose

·                     C-17            Knights of Columbus

·                     FD-4            North East Fire Company

 

·                     Downgrade to Beer & Light Wine

·                     B-110          Elk Forge B&B

 

·                     Drop Sunday Sales

·                     B-72            Uncle Willy's

·                     B-94            Renaissance

·                     B-97            Los Caporales

·                     B-110          Elk Forge B&B

 

·                     Off-Premise Sunday Sales Only

·                     B-82            Chrome Dairy/Icehouse

 

·                     Licenses Surrendered

·                     B-114          Classic Pizza

·                     FD-7            Water Witch Fire Company

 

·                     Change of Mode of Operation

·                     B-53            Beach Grill Plus

 

The above items were approved by the Board.

 

·                     Late Fees Paid

·                     Tax Issues

 

·                     Washington House - B-19

·                     Lease Management Agreement

          The lease management agreement was approved.

 

New Business

 

 

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant