December 18, 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, December 18, 2007.

 

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 A.M.

 

Update - Not Opened - Not issued - Class "A" BWL Alcoholic Beverage License No. A-31 - Baryali Nisar, Owner; T/A Delancy Liquors, Delancy Plaza Shopping Center, Elkton, MD 21921

 

Baryali Nisar appeared before to update the Board; building not complete, needs about 90 additional days.  Mr. Gerweck made a motion to approve a 90-day extension; Mr. Curry seconded that motion; and the Board then voted unanimously to approve the six-month extension as presented.

                       

Violation - Allowing alcoholic beverages to be possessed, sold, furnished or consumed on the licensed premises after 2:00 A.M. - Class "B" BWL Alcoholic Beverage License No. B-12 - Michael McNeal, McNeal Enterprises, Inc., T/A O'Kelly's Sports Bar,145 Big Elk Mall, Elkton, MD 21921 (Complete transcript available from Wilcox and Fetzer, Wilmington, DE)

 

Michael McNeal appeared with attorney Robert Jones.  Chief Bradford, Inspector Reynolds, Michael McNeal, Michelle Asion, Alana Riddel and Ronald McNeal II were duly sworn by the Clerk. 

 

Inspector Reynolds read his report; approximately five minutes after entering the bar a pushing match broke out between a #1 male and a #2 male at the other end of the tables where he was standing.  Security was starting to escort the #2 male out when the #1 male punched him in the face.  Security removed the #2 male; the #1 male was allowed to stay.  He stated at or about 1:50 AM by the clock at the end of the bar, they turned on the lights.  He noticed well over 100 people still in the bar.  The music was still playing.  At or about 2:08 AM by his Nextel phone there was approximately 50-70 people still in the bar drinking.  He finished his drink, sat the bottle down and walked out. 

 

He stated at or about 2:25 AM he returned to O'Kelly's and noticed approximately 30 cars in the parking lot.  He started to go in; a #2 male said "We're closed."  He showed his badge and said he was a Liquor Board Inspector, he said, "Come in."  He noticed approximately 30 people still in the bar with drinks in their hands.  He stopped and asked a bartender who was in charge.   The bartender stated Michael and pointed to the end of the bar near the clock.  Directly in front of him sitting at the bar were three #2 females drinking Miller Lite.  He walked to the end of the bar; approximately 10-15 people were there with the owner, Michael.  As he walked around the end of the bar he noticed Michael with a bottle of beer in his hand taking a drink.  He walked up behind him and called his name.  He turned and he identified himself pointing to the clock.  He said "It's after 2:00 and you're drinking a beer."  He stated "Oh sh**!"  He told McNeal he would see him in court and suggested he get these people out of his bar. 

 

Mr. Jones then asked him several questions; he asked him if the girls who were at the bar were present today; Inspector Reynolds stated no, they were blondes. 

 

Mr. Jones then asked Mr. McNeal several questions regarding the happenings of the night in question, as well as general business practices. Mr. McNeal stated their clock is set about five minutes ahead; usually the band stops playing around 1:30 and the DJ plays, the lights come one and the DJ then plays a slow song to wind things down.  He stated they do not serve alcohol after 1:55.  He stated they did have a videotape from that night however it was not saved correctly and written over before it could be saved.  He stated he and Mr. Jones watched the video and there were about 19 people in the bar once the lights were turned on.  He stated there are 10 cameras though out the bar.  Mr. Gerweck asked how many employees it took on a normal night to close the bar; Mr. McNeal stated two to five; on this occasion how many employees were present; Mr. McNeal stated a total of six, the others were friends of employees or band for a total of 19 in the bar and no one was drinking after 2:00.  He admitted to having a beer in his hand; however he did not drink from it.  He lifted it several times, but he did not drink from it.

 

Mr. Jones called William Badders to be questioned; he was sworn by the Clerk.  Mr. Jones asked several questions of him.  He stated there was a small pushing match however, they were quick to take care of the problem and no punches were thrown.

 

He then called Ronald McNeal II to be questioned.  He stated he is responsible for the back half of the bar.  He stated nobody is served after 2:00 AM; he stated there were about 19 people in the bar and no one had any alcohol. 

 

Mr. Jones then called Michelle Asion and Alana Riddel to be questioned; they were there with friends sitting at the bar; they were drinking either water or soda, no alcohol.  At 2:23 Alana was sitting at the bar; Michelle works there and they are friends with the bartender and no one at that point had said they had to leave.  Mr. Gerweck asked what time they left; Alana stated right after that because Ronnie said they had to leave.  Mr. Jones stated he had no more witnesses.

 

Chairman Snelling stated he would receive a registered letter regarding their decision.

 

BOARD DECISION: Guilty - $1,000 fine plus $250 cost of the proceedings

 

Violation - Allowing alcoholic beverages to be possessed, sold, furnished or consumed on the licensed premises after 2:00 A.M. - Class "B" BWL Alcoholic Beverage License No. B-81 - Stephen B. Slack, President; Terri Tersigni, Assistant Secretary, Manniso and Slack, Inc., T/A Slacker's Irish Pub, 989 E. Pulaski Highway, Elkton, MD 21921 (Complete transcript available from Wilcox and Fetzer, Wilmington, DE)

 

Violation - Not being cooperative in allowing our inspector to safely and promptly carry out his duties as an Alcoholic Beverage Inspector in Cecil County - Class "B" BWL Alcoholic Beverage License No. B-81 - Stephen B. Slack, President; Terri Tersigni, Assistant Secretary, Manniso and Slack, Inc., T/A Slacker's Irish Pub, 989 E. Pulaski Highway, Elkton, MD 21921 (Complete transcript available from Wilcox and Fetzer, Wilmington, DE)

 

Steve Slack appeared with Patrick Palmer and Michael Jackson; they were duly sworn by the Clerk as well as Inspector Reynolds. 

 

Inspector Reynolds read his report; he stated at or about 2:15 AM on November 25, 2007 he arrived at Slacker's; he could see two females inside with bottles however the doorman would not allow him to enter the establishment, putting his hand up to his chest.  After several attempts Inspector Reynolds asked for whoever was in charge.  Patrick Palmer came over and asked what was going on; Inspector Reynolds told him it was after 2:00 AM and the two females were still drinking.  He went over and took the drinks from his hand and asked if there was anything else; Inspector Reynolds stated he would see them in court.

 

Mr. Slack stated he was out of town when this occurred.  Jackson stated he was doorman on the night in question.  He stated the door is an average-sized door and he spread his arms out so that Inspector Reynolds could not go inside.  He at no time touched him. 

 

Patrick Palmer then stated he was called over to the door where Inspector Reynolds had his badge out; he said at that time the picture ID was not visible and anyone can buy badges off the internet.  Inspector Reynolds showed his picture ID and Palmer asked what he could do; Inspector Reynolds pointed out the two girls and Palmer went over took the bottles out of their hands and threw them in the trash.  He then asked if there was anything else he could do for him and Inspector Reynolds stated he would see them in court. 

 

Mr. Gerweck asked who was manager when Mr. Slack was not there; Mr. Slack stated Terri, who is not present today.  Mr. Slack stated they have a reputation for being downright rude about getting people out of the bar at 2:00 AM.

 

Chairman Snelling stated he would receive a registered letter regarding their decision.

 

BOARD DECISION: 1st Violation - Guilty - $250 fine - 2nd Violation - Guilty - $250 fine plus $250 cost of the proceedings

 

Legislative Issues

·                     Quota System - presentation

 

Attorney J. Steven Wise appeared before the Board on behalf of members and non-members of the MSLBA; approximately 20 licensees were present to show support.  He made a presentation on raising the quota system; he had a hand out which is included with the minutes.  Vernon Thompson, Director of Economic Development offered several cautions and provided a copy of Restaurant Trends Applicable to Baltimore County.  The Board agreed to meet with the group in the future to discuss this topic in more detail.

 

·                     §8-208 - One-Time Fee for Wine License

·                     §11-508 - Sunday Sales

v            On and Off-premise Fee

v            Food Receipt Amount

 

Comments/Questions from the floor

General Business

·                     Approve Minutes

                             The minutes of the November 27, 2007 meeting were approved.

 

·                     Specials - None

 

Old Business - None

New Business - None

With no further business to discuss Chairman Snelling adjourned the meeting at 10:30 AM.

 

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant