August 28, 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, August 28, 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 9:00.

 

Lease Management Agreement

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 Arvie Wrang appeared before the Board with attorney Jason Allison.  Mr. Allison presented the Board with a copy of the Lease Agreement, between Major Dad Properties, LLC, Hotel Port Deposit, Inc. and Arvie Wrang, Barhopper Magazine; Management Agreement between Hotel Port Deposit and Arvie Wrang, Individually and Barhopper Magazine, LLC and Power of Attorney between Arvie Wrang, Managing Member for Barhopper Magazine, LLC and Todd P. Stewart.  This agreement is for a period of three years.  Mr. Wrang's plan for the Winchester is to improve upon the operation of the restaurant.  Mr. Wrang stated he is a lifetime resident of Cecil County; attended Tome School, Bo Manor and Washington College; he started the Barhopped Magazine about five years ago.  He stated he would like to have music on the deck and they certainly will be taking noise ordinances, etc. into consideration.  Mr. Curry asked if the change of mode of operation will be the same; Mr. Wrang stated that is correct, he just wants to improve upon what is there.  Mr. Curry made a motion to approve the management agreement; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the management agreement as presented.

 

Update - 07/05/06 License Issued - Not Opened

Class "B" BWL Alcoholic Beverage License No. B-115 - Albert J. Bruno, Jr.; 5 O'clock LLC, T/A Bees Nest Express, 29 North Main Street, Port Deposit, MD 21904

 

Al Bruno appeared before the Board; he stated they received their first delivery and had their first sale.  They are open for business.

 

Update

Application received from William W. Herold, Jr., SWK Enterprises, Inc., T/A Villaggios Ristorante, 5301E. Pulaski Highway, Perryville, MD for transfer of location of Class "B" BWL Alcoholic Beverage License No. B-127 - William W. Herold, Jr., SWK Enterprises, Inc., T/A Club Liquid, 5279 Pulaski Highway, Perryville, MD 21903

 

William Herold appeared before the Board.  Mr. Wilson read the public notice which appeared on dates of August 14 and August 21, 2007. The applicants were duly sworn.  The fully executed application packet with proper fees included: Zoning Certificate signed by Heather Erickson, Town of Perryville; signatures of 10 registered voters and property owners in District 7-2; Criminal Waiver Forms; Alcohol Awareness Training; Certification Form; Request for Sunday Sales; Worker's Compensation Form; letter from the Cecil County Health Department stating okay with issuance of new license as long as a final pre-opening food service facility inspection is completed; letter from the Comptroller of Maryland's office stating okay with transfer.  Mr. Herold stated the corporate paperwork was submitted for the Board's approval; he stated they will be leasing an area at the Perryville Station; and will serve authentic Italian family food with outdoor seating.  Mr. Wilson asked about the outdoor seating; he stated there is a small grassy area and they would like to enclose that area somehow with a barrier and have picnic tables in that area.  Mr. Wilson asked if there was a problem with the county or town with the outside area; Mr. Herold stated he has not submitted the plans to them but he doesn't foresee any problems.  Mr. Snelling stated he should get approval from the town for the outside seating area and come back to request permission from the Board.  Mr. Snelling asked if there was anyone speaking for or against this license. 

 

Evelyn Hansen, 531 Broad Street, Perryville stated "I also sit on the town Planning and Zoning for Perryville and I have not seen this application come through, however my concern is I don't see that Perryville needs another liquor license in the town, especially on the Route 40 corridor; you have Bob's, you have 7-11 you have Lindy's and now we're going to put this in a grocery store area.  I just don't think we need another liquor license, it's just not good.  As I said I do sit on the Board and I have not seen any of the plans or heard any of the plans.  Right now there are like eight liquor licenses in Perryville; is there going to be any off-sale liquor?"  Mr. Herod stated no.  Hanson: "I just wanted to let you know I am totally against it; I don't think Perryville Station is the were it belongs, in a family atmosphere where there's Hair Cuttery, Movie King, food, tanning and telephone and then we can go get drunk."  Mr. Wilson: "This is a restaurant."  "I understand that.  So is Bob's a restaurant, I mean there was Ferrari's, across the street where we had a homicide.  On Route 40 corridor on that corridor from the red light up is not good."  Mr. Herold stated the Town of Perryville has issued the zoning for the building.  He also stated he resents being incorporated as a Bob's, this is not a Bob's, this is an upscale restaurant.  He stated at one of the first meetings with the Town one of the members of the Town stated he should open an Italian Restaurant and that is exactly what he is doing. 

 

Pastor Harold Phillips, 347 Jackson Park Road, Port Deposit from Pleasant View Baptist Church stated he believed there was once a zoning ordinance regarding how close you could put a liquor establishment to a church or school and wanted to know if this was still in effect.  He also wanted to know how getting a certificate over rules town or county; Mr. Herold stated the Town measured the distance between the proposed location and the locals churches and school and it exceeds that distance by a significant amount.  Pastor Phillips stated he has a morality issue with alcohol and liquor establishments.  He stated he opposes all liquor establishments; we pay our state troopers to pick up folks who are driving under the influence and then we're going to approve someone to sell it so they can drive under the influence.  He stated he does oppose the license based on those reasons. 

 

Jon Moss, 617 Principio Road, Port Deposit stated that he would like to reiterate what he said earlier; let him have his restaurant for three to six months and if his business is hurting that bad that he needs to sell alcohol, then let him have it.  He stated he would like to see pool tables, games, make it like a family restaurant where kids can hang out.  He feels that he would be okay without it. 

 

Crystal Fenniger and Carolyn Gilley each made a statement; however they did not sign in for public comment. 

 

Mr. Herold stated he is well aware of the responsibilities that go with the license; he and several of the potential employees have been alcohol awareness trained.  He also stated the bar area will be separated from the restaurant.

 

Mr. Curry asked if the location where the license is currently located in the town limits; Mr. Herold said yes, it is.  Mr. Curry asked how far he is moving it; Mr. Herold stated he isn't sure of the exact measurement.  Mr. Gerweck stated he likes the prices; Mr. Herold stated it is referred to a family restaurant, because the most expensive entrée is a veal dish about $22 and the average prices will be between $8 and $12, so a family can afford to enjoy a good meal.

 

With no further questions, Mr. Gerweck made a motion to approve the transfer of location conditioned upon the signed lease; the drawings and necessary local approvals and see him in 30 days; Mr. Curry seconded that motion and the Board then voted unanimously to approve the management agreement as presented.

 

Reclassification of License

Application received from Cheri W. Klunk, Managing Member; Gary P. Klunk, Member; Phoenix Two Yacht Club, LLC, T/A The Yacht Club, 225 Bohemia Avenue, Chesapeake City, MD 21915 for reclassification of Class "C" Club For Profit Alcoholic Beverage License No. C-18 to a Class "B" Beer, Wine and Liquor Alcoholic Beverage License

 

Cheri and Gary Klunk appeared before the Board.  Mr. Wilson stated that the applicants for this reclassification are his daughter and son-in-law; he stated he does not sit on the Board, he does not make the decisions; the Board stated there would be no conflict of interest and the hearing may continue.  Mr. Wilson read the public notice which appeared on dates of August 14 and August 21, 2007. The applicants were duly sworn.  The fully executed application packet with proper fees included: Zoning Certificate signed by Gerry Robertson, Town Administrator, Chesapeake City; signatures of 10 registered voters and property owners in District 2-1; Criminal Waiver Forms; Alcohol Awareness Training; Certification Form; Request for Sunday Sales; Worker's Compensation Form; letter from the Cecil County Health Department stating okay with reclassification; letter from the Comptroller of Maryland's office stating okay with reclassification; corporation paperwork as required.  Mr. Wilson asked if the information on the application was the same today as it was when the application was filed on August 1 at 9:53 AM; he asked why they were requesting the reclassification; Cheri Klunk stated they currently have a club license for seven years which they qualify and now that a Class B has become available they would like to reclassify to a Class B, this is a less expensive license and they have been waiting for a Class B to become available.  Mr. Wilson asked if anything will change with the reclassify; Cheri stated no, they cannot do anything more or less than they already do.  Gary stated they are alcohol awareness trained as well as all of their employees every four years.  Ms. Coyle stated this is a completed application packet; Mr. Gerweck made a motion to approve the reclassification conditioned upon the outcome of the appeal for the C&D Canal Inc. hearing; Mr. Curry seconded that motion and the Board then voted unanimously to approve the reclassification of the license.

 

New License

Application received from Dean Geracimos, President/Managing Member; Pam Geracimos, Vice President; Geracimos, LLC, T/A Maria's Restaurant/South Village Beer, Wine & Spirits, 2525 Augustine Herman Highway, Chesapeake City, MD 21915 for issuance of new Class "BLX" Beer, Wine & Liquor Alcoholic Beverage License

 

Dean and Pam Geracimos appeared before the Board; Mr. Wilson read the public notice which appeared on dates of August 14 and August 21, 2007. The applicants were duly sworn.  The fully executed application packet with proper fees included: Zoning Certificate signed by Gerry Robertson, Town Administrator, Chesapeake City; signatures of 10 registered voters and property owners in District 2-1; Criminal Waiver Forms; Alcohol Awareness Training; Certification Form; Request for Sunday Sales; Worker's Compensation Form; letter from the Cecil County Health Department stating okay with issuance of new license; letter from the Comptroller of Maryland's office stating okay with issuance of new license; paperwork for LLC as required.  Mr. Wilson asked if the information on the application was the same today as it was when they filed on August 1 at 11:05 AM; both applicants stated yes, it is.  Mr. Snelling asked the applicants to tell the Board a little bit about themselves; Mr. Geracimos stated though he has only been here about 10 years, his wife's family has been here for about 100 years; they got involved in the revitalization of Chesapeake City and listened to the public, though there are very nice restaurants in Chesapeake City they are pricier and good for tourists but not the locals.  Mr. Curry stated he would like to be sure they qualify for a BLX license; Mr. Geracimos stated they have put $727,000 into the interior/equipment and over $3,000,000 into the building and they are not done yet.  With no further questions, Mr. Gerweck made a motion to approve the issuance of the license; Mr. Curry seconded that motion and the Board then voted unanimously to approve the issuance of the license.

 

Transfer of License

Application received from Michael Fay Jakubac, John M. Kemp, Royal Farms of Cecil County, LLC, T/A Royal Farms, 1336 Jacob Tome Highway, Port Deposit, MD 21904 for transfer of Class "B" BWL Alcoholic Beverage License No. B-54 from Amanda Taylor, Managing Member; Martina Linz McCann, Member; A&L Taylor, LLC, T/A Bigfoot Steaks & Hoagies Conowingo, 1809 Conowingo Road, Rising Sun, MD 21911

 

Michael Jakubac and John Kemp appeared before the Board with attorneys Bob Jones and Jason Allison.  Mr. Wilson read the public notice which appeared on dates of August 14 and August 21, 2007. The applicants, as well as several members from the public were duly sworn.  The fully executed application packet with proper fees included: Zoning Certificate signed by Cliff Houston, Zoning Administrator for Cecil County Planning and Zoning, signatures of 5 registered voters and property owners in District 6-2; Criminal Waiver Forms; Alcohol Awareness Training; Certification Form; Request for Sunday Sales; Worker's Compensation Form; letter from the Cecil County Health Department stating okay with issuance of new license; letter from the Comptroller of Maryland's office stating okay with issuance of new license; Pro Forma Financial Statement for Royal Farms of Cecil County LLC; Operating Agreement of Royal Farms of Cecil County, LLC; Lease Agreement between Two Farms, Inc. and Royal Farms of Cecil County, LLC.  Mr. Jones asked the applicant each of the questions contained in the application.  Mr. Wilson told the members of the public the Board appreciates their present here, he asked if anyone had anything new to offer please do so, however if they just agree with what someone else has said just state that you agree with that person.  Mr. Jones asked the applicants if the sales of alcoholic beverages will be kept within Royal Farms LLC and the applicants said yes.  Mr. Gerweck asked if there was a market analysis completed; the applicants stated no.  Mr. Jones asked Mr. Kemp when the store at this location originally opened; Mr. Kemp stated approximately 10 years ago.  He asked why they decided to put a store in this particular area; Mr. Kemp stated because it's an area with excellent traffic and the growth potential in the area.  They have seen substantial growth in this store over the years.  There was a discussion about the class of license which they were applying for; it was then determined it should be a Class "A". 

 

Mr. Jones then asked Michael Jakubac several questions, 19 Buckley Avenue, Rising Sun he has been a resident of Cecil County for about four years.  He is an employee of Royal Farms.  He stated he started as a manager in training and is currently a District Manager.  He asked the applicant each of the questions contained in the application. 

 

Karl Fockler appeared before the Board; he stated he is representing Rick Kelso, owner of Rick's Crabs, License No. B-78.  He submitted a package for the Board to peruse.  He went through this packet, first stating that the Board needs to determine if this store is a chain store; according to Article 2B, Section 9-201 (a1).  He presented evidence supporting that they are a chain store.  He also stated there is not a public need for the alcoholic beverage license as the 70 people present today will testify.  He submitted records from Cecil County Sheriff's Office regarding calls for this address as well as petitions from residents in the area and letters opposing the transfer from Bethel AME and First Baptist Church of Port Deposit for the record.  He stated there are or will be three licenses within 1,000 - 1,400 linear feet.  He asked Rick Kelso what time he closes; Rick stated in the summer he closes at 10:00 PM and in the winter they close at 9:00 AM to tell the Board about his business; Rick's Crabs was started nine years ago from nothing, he has spent hundreds of thousands of dollars; it supports his family.  He also stated that Royal Farms helped to put a store out of business that has been in business since 1948.  Mr. Jones asked him several questions; Mr. Jones asked about the restaurant, he stated he used to have a restaurant, he leases the restaurant to his son and he owns the package goods store.

 

Jonathan Moss, 617 Principio Road, Port Deposit stated he was almost killed at the intersection of Firetower Road and Tome Highway.  If it's all about competition why do they have to cheat?

 

Deane Gutway, 1404 Jacob Tome Highway, stated she owns a Boarding/Grooming business in the area, she is standing behind the small business owner; she stated her family previously owned a liquor store in Perryville and her father owned Cecil Inn.

 

Andy Payne - Adams Road, Port Deposit, stated it is not unusual to see loiterers around the building and open-air drug sales.  Rick has spent thousands of dollars on security; he stated Royal Farms can't handle the drug sales in the parking lot, they won't be able to handle the clientele. 

 

Robert Jackson - 1379 Jacob Tome Highway, Port Deposit, stated his house is within 1,000 feet of the business, he submitted a petition from Hopewell Church.

 

Joe Marshall - 27 Firetower Road, Port Deposit, stated Rick takes care of his liquor store.

 

Cynthia Rossetti - 215 Dr. Jack Road, stated she walked the area, she was able to get about 40% success rate for signing her petition, two people said no, they would not sign.  She stated she is not affiliated with anyone, she lives in the neighborhood.  There is not a community need for this license.

 

Ben Parker, Keith Campbell, Pam Howard, County Treasurer, Jane Springer, MSLBA; Charles Johnson - each made a statement; however did not sign in for public comment. 

 

Adam Kelso - 1205 Tome Highway, submitted a letter from his attorney - Mr. Jones stated for the record he is a lobbyist.

 

Pastor Harold Phillips, 347 Jackson Park Road, Port Deposit, Pleasantville Baptist Church - stated he opposes the transfer due to the safety of the community

 

Dan Sullivan, 19 Birch Court, Port Deposit - opposes the transfer - Royal Farms has underage cigarette sales, they will sell alcohol to underage persons.

 

Tom McLaughlin - 311A Farm Lane Aberdeen - stated he attends Pleasantville Baptist Church and he opposes the license - he explained that the sight of sneakers over a telephone line means you can buy drugs here, there's always sneakers over the telephone lines at Royal Farms.

 

David Stamper - 1739 Dr. Jack Road, Port Deposit - small business owner, he is a legal business owner in the county - he stands behind the small business owner.

 

Richard Kelso - Mr. Jones objected to his testimony as he is represented by counsel.

 

Mr. Gerweck made a motion to go into executive session to speak with counsel; Mr. Curry seconded that motion and the Board then made it unanimous.

 

Mr. Snelling called the meeting to order.  With no further questions, Mr. Gerweck made a motion to deny the transfer of the license; Mr. Curry seconded that motion and the Board then voted unanimously to deny the transfer of the license.

 

Comments/Questions from the floor

General Business

·                     Approve Minutes

The minutes from the July 31, 2007 hearing were approved as submitted.

·                     Specials

 

Old Business

v            Legislative Issues

·                     One-time fee for Light Wine

·                     Sunday Sales

·                     Board Salaries

 

v            Application

·                     What is considered application?

Anything the Board needs to make a decision on a license - it was decided application packets are due in their entirety by the first business day of the month; Robin will check signatures, send letter and applicants will have until the 15th of the month to submit 10 good signatures or the application will need to be resubmitted and the application fee paid.

 

·                     Read/Answer all Questions

 

v            Crow's Nest

Letters were sent to all applicants still needing to submit part of the application packet, stating the application will be deemed incomplete and the license will expire, everyone except Crow's Nest submitted their information, this license has expired.

 

v            Jumbo Jimmy's

 

v            Main Place

Mr. Pagliaro contacted Mr. Wilson regarding resubmitted the application for his business in North East; it was determined the Board would waive the $3,000 one-time fee for him; however he will need to submit the application fee as well as the license fees.

 

v            Rules & Regulations

 

The Rules & Regulations were approved as submitted at the July meeting.

 

New Business

 

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant