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July 31, 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, July 31, 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.

 

Transfer of License - Application received from Michael Fay Jakubac, John M. Kemp, Two Farms, Inc., 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 attorney Robert Jones; Mr. Jones stated they had originally filed the application under Two Farms, Inc. and he believes this falls under a chain; he requested a postponement from the Board to file a new application under the new entity which does not have any affiliation with the other stores.  Mr. Gerweck made a motion to approve a postponement; Mr. Curry seconded that motion and the Board then voted unanimously to approve the postponement.

 

Transfer of License - Application received from Jeffrey M. Haggerty, Darrell Wayne Evans, Brantwood Golf Club, Inc. T/A Brantwood Golf Club, 1190 Augustine Herman Highway, Elkton, MD 21921 for transfer of Class "C" Alcoholic Beverage License No. C-11 from Michael J. Riggs, President; Jeffrey M. Haggerty, Secretary; Brantwood Golf Club, Inc., T/A Brantwood Golf Club, Inc., 1190 Augustine Herman Highway, Elkton, MD 21921

 

Jeffrey Haggerty and Darrell Evans appeared before the Board with attorney, Robert Jones; Mr. Wilson read the public notice which appeared on dates of July 17 and July 24, 2007. The applicants were duly sworn.  The fully executed application packet with proper fees included: Zoning Certificate signed by Cliff Houston, Cecil County Office of Planning and Zoning; signatures of 4 registered voters and property owners in District 2-2; 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 transfer as long as a final pre-opening food service facility inspection is completed; letter from the Comptroller of Maryland's office stating tax issue.  Mr. Jones stated there was a change in ownership in early 2007 and that change in ownership was more than 50%.  Mr. Jones asked Mr. Haggerty several questions pertaining to the application; he explained that Mr. Haggerty holds 36% ownership and Mr. Evans 16%; the other investors and stockholders of the license are listed in number 14; Jamie Senn holds 16% and Mrs. Alt and Mrs. Linkous each hold 16%.  Mr. Haggerty stated the business is going very well; since they have taken over they have increased the membership from 20 members to about 195.  Mr. Curry asked if they have changed the mode of operation; Mr. Haggerty stated no.  With no further questions Mr. Gerweck made a motion to approve the transfer; Mr. Curry seconded that motion; and the Board then voted unanimously to approve the transfer.

 

Violation Hearing - Sales to a person under the age of 21 - Class "B" BWL Alcoholic Beverage License No. B-32 - John Wesley, III, President; Richard Lee Wesley., Vice President; Sandra Lee Wesley, Secretary/Treasurer, The Hollow Inn, Inc., T/A Wesley's, 3700 Telegraph Road, Elkton, MD 21921

 

John Wesley and Daniel Monch appeared before the Board; it was decided they would continue on a statement of fact.  Chief Bradford read his report from 06/16/07.  Mr. Wilson stated that was the statement of facts and asked Mr. Wesley if he had anything to say, Mr. Wesley stated no that was the facts.  He stated he has been in the business 57 years and only had two fines; we always check them; he stated Mr. Monch comes from a liquor background.  Mr. Monch stated he's been doing this for the better part of 30 years and he cards just about everyone, it was just an unfortunate mistake.  Mr. Curry asked if he was the gentleman who served the person; Mr. Wesley stated that was Russell Miller.  He said there are places in the county where they can get served, he won't mention any names, but he doesn't need the money bad enough to serve someone under 21.  Mr. Gerweck asked if that was Mr. Monch who did the Stay Alert; he stated yes, at his estimation she was overage, it was his judgment call.  Mr. Gerweck asked if it was him on the follow-up; Mr. Monch stated it was kind of busy at that time and it was an oversight on his part, he regrets it very much.  Chairman Snelling stated they would receive a certified letter with their decision.

 

Update - License Not Issued - 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; he stated two weeks ago he had planned to come here today to withdraw his application, within the past two weeks another opportunity presented itself at the new Perryville Station; it is being developed by Phil Mitchell.  He has since contacted Mr. Mitchell and they are in negotiations for leasing a portion of the building, which is 4,000 square feet.  He asked for the Board to extend him a 30-day extension to revise their Articles of Organization with the state; sure up their lease and they plan to prepare their plans for the county.  Mr. Curry asked if he could do that in 30 days; he stated yes, he has a draft copy of the lease he received this morning, the articles of organization is just a simple change and complete the changes on the application.  He stated it will be a restaurant, no package store.  He stated he will have the corrected application into the office by the deadline tomorrow; he asked if he would have to redo the signature, Mr. Wilson stated just amend the application, it will have to be re-advertised.  Mr. Herold asked if he needed to present the changes to the articles; Mr. Wilson stated if they are changed he will need to submit that to the office.  Mr. Curry made a motion to approve a 30-day extension; Mr. Gerweck seconded that motion; Board then voted unanimously to approve the extension.

 

Update - License Not Issued - Class "B" BWL Alcoholic Beverage License No. B-56 - Jeanne Chang; Paul M. Stringer; C&D Canal, Inc., T/A Canal House Terrace, 208 Bank Street, Chesapeake City, MD 21915

Attorney Frank Shaulis appeared to update the Board; he stated they are trying to transfer the license; he stated they have done everything they possibly could as far as the paperwork is concerned; as far as the occupancy permit goes, they are at the mercy of the city and the county.  He hopes to have this tied up within 60 days. 

 

Chairman Snelling asked if the Request of Trade Name to Hooters has been withdrawn; Mr. Shaulis stated yes, that is correct. 

 

Chairman Snelling stated there will be no Hooters there?  Mr. Shaulis stated "I am unsure what will happen there in the future, but as far we are concerned, right now there is no Hooters." 

Mr. Snelling: "So you are not putting a Hooters in there at this time?" 

 

Mr. Shaulis, "That is correct." 

 

Chairman Snelling stated the Board is considering that since July 15, the license has been expired; there were several issues that needed to be taken care of and they were not taken care of.  Mr. Shaulis stated "The chief reason they were not been taken care of is they could not get the required approvals from the different offices of the county and the city, had we been able to get that we could have been."  Chairman Snelling stated he understood that, but they did not come in and ask for an extension.  Mr. Shaulis stated that he believed prior to July 1 this was put on the docket to request the extension. 

 

Mr. Gerweck stated "you were in here in June and made all kinds of promises, assured us the paperwork would be done and everything would be in good order.  Multiple times you were asked if you could do that you were going to be open for Canal Day weekend; you've done none of that.  That license is expired as of the 15th of June (corrected himself) July."  

 

Chairman Snelling stated he could reapply.  Mr. Wilson stated not only is it the building permit; there is not a final drawing for the fence.  I think you have gotten most of the paperwork in; the (letter) is pretty explicit; it says the license was going to expire on the 15th of July.  There was no request for an extension; you were positive you would be open.  I think you're going to have to apply for a new license; I think this license is expired." 

 

Mr. Shaulis, "I think when the Liquor Board sent out the notice which was prior to July 15th to come in for an update, it told the time.  I was not sent a letter stating the license would expire, I was sent out a letter saying we want you in here on July 31st for an update and that was sent out well before July 15th."

 

Mr. Wilson stated you still have not gotten the other things; you still haven't gotten the (occupancy) permit. 

 

Mr. Shaulis, "The building permit, that's not our fault, we've applied for a building permit."

 

Mr. Wilson: the occupancy permit?"

 

Mr. Shaulis: "No one will come out and inspect." 

 

Mr. Wilson: "That I find that hard to believe.  I've never had anyone in this county that would not come out and inspect." 

 

Mr. Shaulis:  "The Health Department came out to inspect, they approved us.  I am here today without witnesses because we thought we were coming in simply for an update.  If you want to continue the hearing I'll bring in my witnesses in.

 

Mr. Wilson: "They have been in the process of getting an occupancy permit for several months and they either haven't finished their remodeling or whatever it is that is keeping the county from coming in and inspecting it." 

 

Mr. Shaulis; "Before you can get it inspected you gotta be able to get the permit to build it and if we haven't got a permit to build it.  We just can't go and build it, because then they'll come out and tell us to tear it down." 

 

Mr. Snelling:  "I what should have occurred we should have been updated periodically on how things were proceeding and then request an extension.  That didn't happen." 

 

Mr. Shaulis: "Well, sir I understand that and I understand the pressures and everything, but the Liquor Board did in early July send out a notice that we had to come in for this hearing today; they made no mention that if you don't request an extension or anything like that. I was under the impression that the Liquor Board acts on its own at its own behest that they're setting the rules." 

 

Mr. Gerweck, "Frank it says very clearly here at the close of business on the 15th, that if the paperwork is not in the application will be deemed incomplete and the license expired." 

 

Chairman Snelling stated "It has gone beyond that, we were trying to give you the benefit of the doubt." 

 

Mr. Wilson stated "July 5th letter that you received and said to appear on the 31st, it said you needed certain things you promised that you would have in or the license will be expire.  It's very explicit in the letter." 

 

Mr. Shaulis, then it was sent in and that July 5th for a hearing on the 31st to see what we have done." 

 

Mr. Wilson "It's all the same letter; it says you have to have it all in by the 15th or it will expire." 

 

Mr. Shaulis, "The fence was done before the 15th."  

 

Mr. Wilson, "The occupancy permit?" 

 

Mr. Shaulis: "How can you hold us to something that we don't have control over?"  

 

Mr. Wilson:  "You have to complete it before you can get the occupancy permit; you're talking in circles." 

 

Mr. Shaulis:  Isn't that circle?  If I can't get a permit then I can't start it, if I can't start it, I can't complete it, if I don't complete it I can't get it inspected." 

Chairman Snelling: "Like I said Mr. Shaulis, what didn't take place is you didn't come in and ask for more time, more extension so you can get these things taken care of, that didn't happen, unfortunately that didn't happen.  But we have to proceed from here with the documentation that we have that says that license is expired.  You have to apply for a new license." 

 

Mr. Shaulis: "When you say I can apply for a new license are you saying we have to go to the back of the line and wait for a new license?" 

 

Chief Bradford:" At this time there's nobody on the waiting list."  Chairman Snelling: "There's a license available right now.  Complete application, signatures, re-advertised, everything." 

 

Chairman Snelling:  You need to make sure if you need time to do things you need to come before this Board and request an extension."

 

Mr. Shaulis:  "Oh I understand that and I would have if I had not gotten that letter, but when you send something in what am I going to do, ask for it again?" 

 

Chief Bradford, "The letter states the paperwork for the original application has to be received by July 15th we never received that information so at that time the license will expire.  If we would have received that information before July 15th you could have come in today and asked for an extension, because the license application still isn't completed." 

 

Mr. Shaulis: "I think the fence is complete." 

 

Chief Bradford: "It may be complete, but we don't have any proof of that."

 

At this time Mr. Shaulis left the room and the hearing was complete. 

 

Kevin Best, Esquire, appeared before the Board; he stated he is representing the Town of Chesapeake City.  Mr. Snelling stated "Before we get started, let me make it clear to you, we are not going to hear any testimony or argument at this point, if you want to come in and request a hearing before this Board you can do so at this time, but we're not going to hear any testimony." 

 

Mr. Wilson:  "Let Can I clarify something, are you representing the Town of Chesapeake City, the residents, the North side, the South side both sides?" 

 

Mr. Best:  "I have been retained by the Town of Chesapeake City to represent the municipality.  There were a couple of items there that I would like to clarify.  The attorney for the applicant seemed to stress that his hands were tied and that how can he finish the application if he has a stop work order or hasn't obtained the building permit or the use and occupancy permit, well I submit to the Board that the applicant has self-imposed to himself to not meet the July 15th deadline; I've looked carefully looked through the application and there's several items I'd like to point out to the Board."  Mr. Wilson:  The Board has ruled the license is expired.  So if you want to set a separate hearing to place your arguments on the record for any other reason then that's fine we'll have a separate hearing, but we're not going to take any testimony today because they've already ruled"  Mr. Best: "I would just like to profer if Mr. Shaulis appeals this decision of the Board."  Mr. Wilson, "Okay, we'll allow it."  Mr. Best:  "One Mr. Paul Stringer, an applicant is not an officer of, C&D Canal Inc., I believe that to be a defect in the application; furthermore the Statement of Ownership certificate was left unsigned, it should have been signed and notarized by the owner, C&D Canal, LLC, that was left as a defect.  There are a number of folks that live nearby the facility that felt they were misled in the use, the mode of operation that was intended for that facility and I felt it's a mute point but they came here today and wanted to withdraw their names.  But more importantly I think there are a few other documents, the Worker's Compensation form was improper, it was issued or proposed to be issued to C&D Canal House LLC, which is the landlord, it's not the applicant.  I just want to stress there has a Stop Work Order issued against the property; but there are a number of issues where either grading or building has proceeded by the applicant in a post haste fashion without the proper permits and they have kind of brought this on themselves.  That's all I have to say and I thank you for your time."

 

Mr. Wilson, "I think we need to do a formal motion on expiration date." 

 

Chairman Snelling, "Regarding whether that license is expired or not we will take a motion at this time." 

 

Mr. Gerweck, "So moved; We recognize that the license expired on July 15th."  Mr. Curry seconded that motion; and the Board then voted unanimously to expire the license as of July 15th.

 

 

 

Comments/Questions from the floor

General Business

·                     Approve Minutes

                        Minutes of the June 26, 2007 meeting were approved.

·                     Specials

                   No Specials

 

Old Business

·                     Financial Interest in more than one license - it was determined licensees could only have financial interest in one license.

·                     Sunday Sales - Present this for legislation in 2008.

 

New Business

·                     Legislative Issues

·                     One-time fee for Light Wine

·                     Sunday Sales as presented last year

·                     Increase salary of Board:

§         Chairman - $3,000 to $3,500

§         Commissioners - $2,500 - $3,000

 

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant