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August 29, 2008

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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, 200 Chesapeake Boulevard, Elk Room, Elkton, MD on Tuesday, August 26, 2008 at 9:15 A.M.

 

PRESENT:      Tim Snelling, Chairman

                   Herrell 'Cuz' Curry, Commissioners

                   William Gerweck, Commissioner

                             H. Norman Wilson, Jr., Esquire

                   Earl R. Bradford, Chief Alcohol Beverage Inspector

                             Robin S. Coyle, Administrative Assistant

 

Transfer Application - Application received from A. Chad Johnston, Member; Karnail Singh, Member; USA Liquors, LLC T/A Johnston's Discount Liquors, 1170 Rock Springs Road, Conowingo, MD 21918 for transfer of Class "B" BWL Alcoholic Beverage License and reclassification to Class "A" BWL Alcoholic Beverage License from Arthur D. Johnston, Jr., President; A. Chad Johnston, Vice President; Nottingham Development Co., Inc., T/A Johnston's Discount Liquors, 1170 Rock Springs Road, Conowingo, MD 21918 

 

A. Chad Johnston and Karnail Singh appeared before the Board with attorney, Dwight Thomey as well as Arthur D. Johnston, Jr.  .  Mr. Wilson read the public notice which appeared on dates of August 12 and August 19, 2008; the applicants were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Cliff Houston, Zoning Administrator, Cecil County Office of Planning & Zoning; signatures of 10 registered voters and property owners in District 8-1; Alcohol Awareness Training; Certification Form stating the nature of the business is a package goods store; Validation for Sunday Sales requesting off-premise sales only; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked if the application was correct today as when the applicant signed it; the applicants stated yes.  The Board asked if they will be running the business the same as it has been run; the applicants stated yes.  With no further questions from the Board, Mr. Gerweck made a motion to approve the transfer; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer and reclassification of the license.  The Class "A" BWL Alcoholic Beverage License was then issued to the applicants.

 

Update - Application received from William Riddle, Member; Daru, LLC, 5279 Pulaski Highway, Perryville, MD 21903 for issuance of new Class "B" BWL Alcoholic Beverage License

 

William Riddle appeared before the Board with Chris Rogers from the Town Of Perryville.  Mr. Riddle stated the landlord has done everything necessary to open the establishment; however, the Town of Perryville as put several requirements for improvements/upgrades on the establishment.  The Town would like to have the Board of License Commissioners put these conditions upon the Liquor License and if they are not met the Liquor License would then be revoked.  Mr. Wilson stated he did not feel that the Board could do this, as the license has been approved by this Board without those conditions and there is nothing in Article 2B that states they have the authority to do this.  There was a lengthy discussion and the Board decided that it would be up to the Town of Perryville to notify the Board if the items are not complied with at which time the license would be suspended and remain suspended until they either received the Occupancy Permit or at renewal they would not be able to renew without the OP.  This was agreed upon by the Town of Perryville as well as Mr. Riddle.

 

New License Application - Application received from Thomas Dye, Maple Heights Drive, Rising Sun, MD 21911 for issuance of new Class "B" BWL Alcoholic Beverage License

 

Thomas Dye appeared before the Board; Mr. Wilson read the public notice which appeared on dates of August 12 and August 19, 2008; the applicant was duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by the Administrator for the Town of Rising Sun; signatures of 10 registered voters and property owners in District 6-1; Alcohol Awareness Training; Certification Form stating the nature of the business is for Pizza Hut use; Validation for Sunday Sales requesting on-premise sales only; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked if the application was correct today as when the applicant signed it; the applicants stated yes.  Mr. Wilson asked if the license will remain in Mr. Dye's name; Mr. Dye stated he has a 15 year lease with Pizza Hut and someone from Pizza Hut will go on the license as well.  The Board stated they would like to table the application until September so that the Pizza Hut representative may meet the Board and answer the questions on the application.

 

Violation Hearings - Compliance Checks

(Official transcripts available from Wilcox and Fetzer, Wilmington, DE)

 

B-9 - Joe M. Thomson, Owner; Michele Hill, Vice President; Debbie Ladwig, Secretary/Treasurer; Chesapeake Wine & Spirits, LLC,  T/A Chesapeake Wine & Spirits, 2728 Augustine Herman Road, Chesapeake City, MD 21915

 

Joe Thomson and General Manager Timothy Sullivan appeared before the Board; Mr. Gerweck recused himself.  Chief Bradford was sworn by the Clerk; he read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Mr. Sullivan stated he is the General Manager; he stated they have removed the clerk from the register, signed her up for an alcohol awareness class and have taken steps so this will never happen again including putting up signs saying anyone under 30 will be carded.  Ms. Coyle stated they have had no previous violations.  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

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

 

B-12 - Michael McNeal, McNeal Enterprises, Inc., T/A O'Kelly's Sports Bar,145 Big Elk Mall, Elkton, MD 21921

 

Michael McNeal appeared before the Board.  .  Chief Bradford read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Mr. McNeal stated they have had a lot of trouble with fake IDs and have bought an ID scanner and everybody after 8:00 should be requested to show an ID to enter the establishment.  He stated he pulled the records for that evening and the clerk only had 14 transactions in a five hour shift, there is no reason for this to have happened, they were not busy.  He stated his policy is that anyone serving anyone underage is automatically terminated.  He said he holds monthly meetings with employees and starts each meeting with "Card everyone, don't put me in a position to fail Operation Stay Alert!"  He continued that the clerk was previously the cook and when this first happened he suspended her and was going to bring her back as the cook but decided that he needed to stick with his policy and the clerk was terminated.  He does require that all bartenders take the TIPS class.  Ms. Coyle stated they have had three previous violations for after hour's consumption.  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

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

 

B-18 - Edward D.E. Rollins, III; Kyle A. Rollins; Lisa A. King; Alibi Inn, LLC, T/A Alibi Inn, 2 Sassafras Road, Warwick, MD 21912

 

Kyle Rollins and Holly Bauers appeared before the Board; Chief Bradford read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Ms. Bauers was sworn by the Clerk; she stated the employee was terminated and they have replaced the manager and they have reiterated to everyone to check IDs.  Mr. Snelling asked if they had a card reader; Ms. Bauers stated no.  She stated they cater to older clientele and base checking IDs on appearance.  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

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

 

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, III appeared before the Board; Chief Bradford read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Mr. Wesley was sworn by the Clerk; he stated he is very sorry this happened; they check everyone.  He stated the only excuse is that there were about five or six people in the store at the time and they are sending two clerks to alcohol awareness.  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

BOARD DECISION: Guilty - $500 fine plus $250 cost of the proceedings

 

B-78 - Richard A. Kelso, T/A Rick's Crabs, 1205 Tome Highway, Port Deposit, MD 21904

 

Richard Kelso appeared before the Board; Chief Bradford read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Mr. Kelso stated there is no excuse; he just would like to say that his wife had been sick and he was dealing with some health issues and should not have been working at the time but he simply had no one else to work.  He regrets he did this, he just wasn't 100%.  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

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

 

B-87 - Dorothy I. Benjamin, Vice President; Patricia J. Lovelace, Director, Benjamin's Store, Inc., T/A Benjamin's Store, Inc., 598 Rising Sun Road, Rising Sun, MD 21911

 

Patricia Lovelace appeared before the Board; Chief Bradford read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Ms. Lovelace stated that she and Mrs. Benjamin take carding very seriously, she tells her employees "if they don't look 50 years old you better be carding them."  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

BOARD DECISION: Guilty - $500 fine plus $250 cost of the proceedings

 

B-107 - Jack Beaston, T/A Elk Landing Beer, Wine & Spirits,218 West Pulaski Highway, Elkton, MD 21921

 

Jack Beaston appeared before the Board; Chief Bradford read his report into the record (copy in file).  Mr. Wilson asked the Board if they had any questions of Chief Bradford; they stated no.  Mr. Beaston was sworn by the Clerk; he stated as the owner he assumes the responsibility for his employees, when the Board sends in two people in two months and we get caught as the owner I'm not getting my point across.  He stated his policy is employees must sign the policy stating that if they serve a minor they are terminated and the clerk was terminated.  He said he's in and out of the establishment all day and evening, he cannot be there 24 hours a day, he doesn't know what else he can do.  Mr. Snelling stated the Board will decide and they will be receiving a certified letter with the Board's decision.

 

BOARD DECISION: Guilty - $500 fine plus $250 cost of the proceedings

 

General Business

·                     Approve Minutes

·                     Specials

Old Business

·                     Appeals

o        Mr. Wilson stated the appeal for Schaefer's has been filed.

·                     Chesapeake Inn

New Business

 

With no further business to discuss the meeting was adjourned.

 

 

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

                                                      

Robin S. Coyle, Administrative Assistant