January 30, 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, January 30, 2007 at 9:00 A.M.

 

PRESENT:     

Tim Snelling, Chairman

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 9:04 AM.  He welcomed the new Board attorney, H. Norman Wilson; he thanked Mr. Parrack for his years of service.  He also stated Mr. Curry would not be present due to having had surgery.

 

Increase In Premises/Proposed Teen Night - Michael McNeal, McNeal Enterprises, Inc., T/A O'Kelly's Sports Bar,145 Big Elk Mall, Elkton, MD 21921

 

Mike McNeal appeared before the Board to request an increase in premises and propose a teen night for the establishment.  He stated he would like to have a teen night on Sundays beginning the weekend after Super Bowl; he said last year he didn't even open on Sunday because there was no need.  He plans to require everyone between 16 and 20 years of age to have a valid driver's license.  He stated no alcohol will be sold or visible; he will put the top shelf liquor away and the cover the bottom shelf and turn the lights off in the beer coolers.  He said the only problems he can see are kids drinking before they arrive and kids going to their cars and wanting to re-enter.  He said no one will be allowed to re-enter.  Mr. Gerweck asked Chief Bradford if he saw any problems with this; Chief Bradford stated in the past other establishments have had problems with drinking in the parking lot and since O'Kelly's parking lot is the mall parking lot, he could see a problem there.  Mr. McNeal stated they have a good relationship with Elkton Police right now and he will call them.  Mr. Gerweck asked how many employees he had; he stated usually on a big nigh three doormen, manager and himself.  He stated he will charge a $10 door charge and his regular menu will be available with soda and energy drinks.  He then stated he would like to take over the Variety Discount area and add a smoking section with pool tables and arcade games.  Mr. Gerweck asked if he has contacted the health department; Mr. McNeal said he has not but he will do so.  Mr. Snelling stated the Board would like to discuss this and they will let him know. 

 

BOARD DECISION:  The Board decided they do not have any jurisdiction over the teen night decision.  Mr. Snelling made a motion to approve the additional space conditioned upon them getting the necessary approvals however if the Variety Discount side is given up for some reason the license will resort back to the original space.

 

Transfer Application - Application received from Lance G.M. Rowe; Hook, Line & Sinkers, LLC; T/A  Hook, Line & Sinkers, 32 Main Street, North East, MD 21901 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-102 from Lance Grayson Mitchell Rowe, Member; Jennifer Joy Rowe, Member; The Rowe House LLC, T/A The Rowe House, 10 South Main Street, North East, MD 21901

 

Lance Rowe appeared before the Board with attorney Karl Fockler.  Mr. Wilson read the Public Notice which appeared on dates of January 16 and January 23, 2007.  The fully executed application packet with proper fees included:  letter from Betsy Vennell, Planning and Zoning Assistant Town of North East stating two special exceptions will need to be approved before their office can take action upon the request for a signed zoning certificate; letter from Cecil County Health Department stating okay with transfer as long as final pre-opening inspection is conducted; sketch of establishment; Pro Forma Financial Statement; Articles of Organization for Hook, Line & Sinker, LLC; Agreement of Sale between Rowe House LLC and Hook, Line & Sinker LLC; Commercial Lease between North East Consolidate, LLC and Hook, Line & Sinker, LLC; Alcohol Awareness training; photos of the establishment and menu.  Mr. Rowe was sworn by the Clerk and Mr. Wilson posed questions to the applicants as set forth in the alcoholic beverage license application.  Mr. Fockler stated they are scheduled before the Town of North East for a special exception for the alcoholic beverage license in March and scheduled again for the restaurant special exception after that time.  Mr. Rowe stated he is anticipating a June 2007 opening date as long as everything goes well with the Town of North East.  Mr. Wilson stated they will need to renew the license as it is an active license.  Mr. Gerweck made a motion to accept the transfer of the license with a six month extension from the renewal date. 

 

Violation 1 - December 31, 2006 @ 4:50 PM - Class "B" BWL Alcoholic Beverage No. B-82 - Khushpin Patel, President; James S. Magraw, Vice President; Lata Patel, Inc. T/A Chrome Dairy & Deli & Ice House, 221 West Main Street, Rising Sun, MD 21911

 

Violation 2 - December 31, 2006 @ 4:55 PM

 

Khushpin Patel appeared before the Board with attorney Thomas Brown.  Mr. Wilson stated there were two letters sent out on January 5, 2007 and asked if the licensee acknowledged receiving those letters ten days prior to the hearing; Mr. Brown stated yes.  Mr. Patel, Inspector Charles Reynolds, Kennis Dorsey and Steven Myers were all duly sworn by the Clerk.  Mr. Reynolds stated he was in the parking lot of Chrome Dairy & Deli & Ice House on December 31 around 4:00 PM when a young looking gentleman exited the establishment carrying alcoholic beverages; he stopped him and asked him for ID which stated he was 21 years of age, while he was talking with him, Kennis Dorsey exited the establishment, DOB 7/30/88 carrying 18-pack of Coors Light long-neck bottles and a bottle of Jagermeister, he asked for ID and told him he was in possession of alcohol being under the age of 21.  While he was speaking with Dorsey, Steven Myers DOB 12/4/87, exited the establishment carrying 30-pack of Bud Light cans and a 12-pack of Bud Light bottles, Mr. Reynolds asked for ID and informed him he was in possession of alcohol being under the age of 21.  He stated the two young men spoke to each other; he informed them they would be receiving a citation however his citation book was in his other vehicle.  He then went inside and informed the clerk/licensee he would be hearing from the Liquor Board office for a violation. 

 

Mr. Brown:      "Did you say they knew each other?" 

Mr. Reynolds:  "They spoke." 

Mr. Brown:      "Do you know how long you were there?" 

Mr. Reynolds:  "Less than 15 minutes; I stopped three people in less than 15 minutes." 

 

Mr. Wilson informed Mr. Brown that Dorsey and Myers were present and asked if he wished to speak with them; Mr. Brown stated no. 

 

Mr. Gerweck:   "What made you think you could get served there?" 

 

Mr. Dorsey:     "Other friends have been there with fake IDs and gotten served."

Mr. Wilson then dismissed the witnesses. 

 

Mr. Brown:      "How long ago they purchased Chrome Dairy?"

 

Mr. Patel:        "Three and a half or four years ago.

 

Mr. Brown stated this was New Year's Eve and asked Mr. Patel if they were busy; Mr. Patel stated yes.

 

Mr. Brown:      "Mr. Dorsey has been in the store?"

 

Mr. Patel:        "Matthew is a friend of Dorsey's; Matthew is 22 years old, he has been in with Matthew."

 

Mr. Brown:      "Chrome Dairy and the Ice House are separated; they have separate entrances and liquor is only sold in the Ice House side."

 

Mr. Brown stated Chief Bradford was out on January 11, 2007 to do an inspection of the store and everything was found to be okay at that time.  He presented a copy of the Routine Inspection form as evidence; Mr. Wilson marked this as Defendant's Exhibit #1.  Mr. Brown also stated they have sent five people to Alcohol Awareness training since that time and presented the certification as evidence; Mr. Wilson marked this as Defendant's Exhibit #2.  Mr. Brown asked Mr. Patel how long this training was and Mr. Patel stated two- and - half or three hours. 

 

Mr. Brown:    "How many people were in the store on New Year's Eve?"

 

Mr. Patel:     "About 10 or 11."

 

Mr. Brown:      "How many employees?"

 

Mr. Patel:        "Two employees working."

 

Mr. Brown stated Mr. Patel admits this was a serious mistake; they have been retrained in alcohol awareness and asked the Board not to suspend or revoke the license.

 

Mr. Snelling stated the Board would make a decision and notify them by certified mail.

 

BOARD DECISION:       Guilty - $500 Fine with $250 Proceedings Cost.

 

Violation - Sales to a person under the age of 21 years -     Doo Hwan Killian, T/A Conowingo Discount Liquors, 303 Conowingo Road, Conowingo, MD 21918

 

Doo Hwan Killian appeared before the Board with attorney Frank Shaulis.  Mr. Shaulis stated they would like to proceed on a statement of fact.  Chief Bradford read his report into the record.  Mr. Shaulis stated there is no doubt that is exactly what happened; the lady clerk knew to card, they sent her to TAM training, they checked her out and she was still not carding so she has been fired.  (Clerk Note: Mr. Shaulis called on January 31, 2007 and stated he told the Board the clerk has been fired and he misspoke, she has not been fired, however she has been registered for alcohol awareness training.)  Mr. Shaulis stated when Mrs. Killian opened the business it was with the intent that her son would run the store and he was running his business in Baltimore and was shot several times and a year later is still not doing well and is unable to run this business; he stated he submitted a transfer packet this morning.  Mr. Snelling stated the Board would make their decision and notify them by certified mail.

 

BOARD DECISION:       Guilty - $250 Fine with $250 Proceedings Cost.

 

Update - Over the 45-day limit to issue license - No Jung Park, President; Chae-Hui Gresens, Vice President; Deborah J. Jones, Resident Agent; Big Elk Mall Liquor Store, Inc., T/A Big Elk Mall Liquor Store, 105 Big Elk Mall, Elkton, MD 21921

 

Jason Allison and Bob Jones appeared before the Board; Mr. Allison stated Mr. Park was unable to obtain financing and they would like to withdraw that application. 

 

Continuance - Must Open by 10/27/06 - Enrico Pagliaro, President; Chesley S. Huber, Resident Agent; Beaver Brook Liquors, T/A The Main Place, 2 South Main Street, North East, MD 21901

 

Mr. Pagliaro appeared before the Board with attorney Tom Kemp.  Mr. Kemp thanked the Board for being so gracious; he stated they obtained the Change of Use from the Town of North East and the building permit; Mr. Pagliaro paid for customized hoods and paid $400 on December 28 to get them out of storage and has not received the hoods.  He also has contracted to have the Ansel (fire suppression) system to be installed; he has had to contract with another contractor for that work however they need the hoods to do that work.  When this work is complete they will be able to have the fire marshal inspect and get the okay to open.  Mr. Kemp stated they filed suit against the Burchett on Friday.  Mr. Snelling stated the Board would like to discuss what they are able to do and they will let them know.

 

BOARD DECISION:       Mr. Gerweck made a motion to grant a 100-day extension however that is all they feel they can do for the licensee.  Mr. Snelling seconded that motion.

 

Update - Over the 45-day limit to issue license - James William Kuhn and Elizabeth Rose Kuhn; Bainbridge Grill, Inc. T/A Bainbridge Grill, 1195 Tome Highway, Port Deposit, Maryland 21904

 

Bob Jones appeared before the Board to update them on the Bainbridge Grill; he stated the previous owners have removed the tanks; they are currently waiting on the clean site certificate from Maryland Department of the Environment.  Mr. Jones asked for an extension to issue the license; Mr. Gerweck made a motion to grant a 90-day extension to issue the license and Mr. Snelling seconded the motion.

 

General Business

·                     Approve Minutes -

The minutes from the December 21, 2006 meeting were approved.

·                     Specials

Old Business

·                     Rules & Regulations

·                     Special Licenses

There was a discussion regarding specials and who they can be issued to - it was determined they should only be issued to non-profit organizations and will be looked at on an individual basis.

·                     Giant

Chief Bradford will contact Bud Tayman, Trustee to see when bankruptcy was/will be withdrawn.

 

·                     Schaefer's/Cabin John's

Bob Jones appeared before the Board and stated he understands the new owners are going to settlement on the property this afternoon.  There was a discussion about number of parcels on that property as no one is quite sure. 

 

·                     Appeals

v                  Court upheld our appeals

v                  Reimbursements of costs were not requested

There was a discussion about the costs for the appeals, ie. Transcripts; it was decided to invoice the attorneys for the appellants to recover those costs.

 

New Business

·                     Women Who Wine

·                     Gumbo's

v                  Lease space to another restaurant

The Board would not be in favor of having two licenses at this location.

·                     US Citizenship Requirement (10-103)

              It was determined all applicants must be US citizens.

 

 

 

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant