June 26, 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, June 26, 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.

VIOLATION HEARING - Class "B" BWL Alcoholic Beverage License No. B-5 - Mary K. Zang, President; Karen Graves, Vice President/Secretary; The Archway Inn Corporation, T/A The Archway Inn, 2835 Crystal Beach Road, Earleville, MD 21919

Karen Graves appeared before the Board; it was decided to proceed upon a statement of facts.  Mrs. Graves and Chief Bradford were duly sworn by the Clerk.  Chief Bradford read his report into the record; he stated after receiving several complaints about serving minors in the bar and speaking with Edward Zimmerman, DOB 12/01/87, making him 19 years of age.  Zimmerman stated he had been employed as the dishwasher and would help himself to draft beer from behind the beer.  Mrs. Graves stated she believed the events happened as Chief Bradford stated, however she has since sent all employees behind the bar to TIPS training and she assured the Board corrective measures have been taken and this will not happen again.  Chairman Snelling stated they will be notified by certified mail of the outcome.

BOARD DECISION:     Guilty $250 fine plus $250 proceedings cost

REQUEST OF CHANGE OF MODE OF OPERATION FINAL DECISION/VIOLATION HEARING - Class "B" BWL Alcoholic Beverage License No. B-83 - William E. Gravlee, Managing Member, Triton Marina Services, LLC, T/A Walsh's Dockside @ Triton Marina, 285 Plum Point Road, Elkton, MD 21921

Change of Mode of Operation - Janice and Pete Walsh appeared before the Board with attorney Kevin Urick; Mr. Snelling stated it has been 30 days since the request for placement of picnic tables; Chief Bradford stated there have been no problems there.  Mr. Curry made a motion to approve the request for change of mode of operation; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the change of mode of operation.

Violation Hearing - It was determined the hearing would proceed on a statement of facts; Inspector Jack Dickerson from the State Comptroller's Office was not present due to a death in his family.  Chief Bradford read the state report into the record; Inspector Dickerson observed an employee pouring liquor from a large bottle which would not fit on the shelves of the bar into a smaller bottle which the bar will accommodate.  Mr. Urick stated this was done only to try to save money as the larger bottles of liquor are cheaper than the smaller ones; it was not in any way an attempt to water down the liquor as the statute seemed to be geared toward.  Chairman Snelling stated they will be notified by certified mail of the outcome.

BOARD DECISION:     Guilty - PBJ - six months probation plus $250 proceedings cost

UPDATE - License 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 the Board to update them on the construction of the building; Mr. Nisar stated they building has not been started; the contractors are behind schedule, he is hoping to be open in winter.  Mr. Curry made a motion to grant a six-month extension; Mr. Gerweck seconded that motion and the Board then voted unanimously to grant the six-month extension. 

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

Al Bruno appeared before the Board; he stated he didn't really want to be before the Board however he is waiting on a few inspections and then he will be able to open the business.  Mr. Curry made a motion to grant a 60-day extension; Mr. Gerweck seconded that motion and the Board then voted unanimously to grant the 60-day extension. 

UPDATE - Licenses not issued

Class "B" BWL Alcoholic Beverage License No. B-36 - Xianting Cao; Diane Stringer; Schaefer's Canal House Restaurant & Market, Inc., T/A Schaefer's Canal House, 208 Bank Street, Chesapeake City, MD 21915

Class "B" BWL Alcoholic Beverage License No. B-56 - Jeanne Chang; Paul M. Stringer; C&D Canal, Inc., 224 Bank Street, Chesapeake City, MD 21915

Xianting Cao and Diane Stringer appeared before the Board with attorney Frank Shaulis; they stated they are trying to open the terrace by this weekend for Canal Day.  They were reminded by the Clerk several items are still needed to complete the transfer and before the license may be issued - those items are: Pro-forma financial statement; minutes of the meeting of the corporation electing officers; CR #; copy of Lease agreement; Bulk Sales Permit or letter stating no alcohol was transferred; fingerprint cards for Jeanne Chang; Complying with drawing of fence to be erected to separate licenses and Occupancy Permit.

They also stated they are working on the clean-up from the fire in the restaurant side a few months ago; they have been delayed due to the insurance pay-off.  Mr. Curry made a motion to grant a six-month extension; Mr. Gerweck seconded that motion and the Board then voted unanimously to grant the six-month extension. 

UPDATE - License not issued

Class "A" Winery Alcoholic Beverage License No. AW-1 - Janet Hepbron, Member; Janel Griffith, Member; Dove Valley LLC, T/A Dove Valley, 645 Harrington Road, Rising Sun, MD 21911

Janet Hepbron and Janel Griffith appeared before the Board; they stated they appeared on Monday in Annapolis and were issued Class 4 and Class 6 state winery and manufacturing licenses.  They submitted a check for $1600 and await Chief Bradford's inspection of the premises to issue the license.

General Business

Approve Minutes     

The minutes from the May 2007 meeting were approved.

Specials

Old Business

Financial Interest in more than one license - continue

Sunday Sales - The Board stated it is state law that licensees comply with submitting their Sunday sales; the office will send letters to those who have not submitted this paperwork.

County Taxes/Business Licenses - There was a brief discussion as whether the license can be held up due to a licensee not submitting county taxes or applying for a business license - Mr. Wilson stated he did not believe the Board could do this.

Reappointment - The Board of County Commissioners approved the reappointment of Chairman Tim Snelling at the June 19, 2007 meeting.

Hilltop Inn - An event was held over the weekend - Chief Bradford stated that at one time there were several hundred bikes at the restaurant, however there were no problems.

Canal Day - A Better Way - The Office received an application for a Special One-day license for an event on June 30 to be held during Canal Day - the application was denied, however they are still planning to hold the event as it was advertised in The Barhopper magazine - inspectors will be attending.

Club Liquid - Steven Wright has filed an appeal with Circuit Court of Cecil County regarding the Board's decision.

Issuing Licenses - Currently once an application is approved, the licensees have 45-days to issue the license; this puts that deadline in the middle of the month, it was decided licensees will have 60-days to issue the license so that the time period has not expired before the Board meeting.

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant