April 28, 2009

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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, April 28, 2009 at 9:00 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

 

 

Request for outdoor use - Gary Ray Wright, T/A Wright's Deli, 1826 E. Old Philadelphia Road, Elkton, MD 21921

 

Gary and Carol Wright appeared before the Board to request permission for outdoor use of their establishment; they would like have Urban Horseshoe Tournaments.  The Board asked several questions regarding the outdoor use - hours afternoon hours on weekends, ending before dark - no music - neighbors are more than 100 feet than the area - beginning in May- Mrs. Wright will sell out of a cooler under a tent - Mr. Gerweck made a motion to approve outdoor activities limited to daylight hours with sales outdoors with a 30 day trial period; Mr. Curry seconded that motion and the Board then voted unanimously to approve the request for outdoor use.

 

Transfer of License - Class "A" BWL Alcoholic Beverage License No. A-33 - William Riddle, Member; Daru, LLC, T/A East Coast Liquors, 5279 Pulaski Highway, Perryville, MD 21903

{Official transcript available from Wilcox and Fetzer, Wilmington, DE}

 

 

William Riddle appeared before the Board with Dharmesh Patel, Vivek Parikh; they were duly sworn by the Clerk.  Mr. Wilson read stated the application had been duly advertised.  The fully executed application packet with proper fees included: Zoning Certificate signed by Denise Brown, Town of Perryville; signatures of 10 registered voters and property owners in District 7-2; Alcohol Awareness Training; Certification Form stating the nature of the business will be a package goods store; Validation for Sunday Sales requesting off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that they answered as part of the application packet were true today as they were when they signed the application; the applicants both stated yes.  Mr. Riddle stated that because of the conditions the Town of Perryville had put on the licensees and the economy, the shares in Daru LLC has changed; however Dharmesh Patel was one of the original owners and is now back in the LLC with Vivek Parikh.  He stated the nature of the business has not changed and he as the licensee has not changed.  Mr. Gerweck made a motion to approve the transfer of the Class "A" alcoholic beverage license; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

 

 

Violation Hearing - Transferring License Without Approval - Class "A" BWL Alcoholic Beverage License No. A-33 - William Riddle, Member; Daru, LLC, T/A East Coast Liquors, 5279 Pulaski Highway, Perryville, MD 21903

{Official transcript available from Wilcox and Fetzer, Wilmington, DE}

 

William Riddle appeared before the Board with Dharmesh Patel, Vivek Parikh; Mr. Riddle stated they would go on a statement of facts.  Chief Bradford was sworn by the Clerk; he then read his report into the record.  Mr. Riddle admitted guilt and stated it was truly neglect on his part and reiterated he has remained the licensee though the shares of Daru LLC have changed.  Mr. Riddle also stated they did have a one and half day suspension when Chief Bradford took the license and asked that the Board use that in their decision.  .  Mr. Snelling stated they will be receiving a certified copy of the Board's decision.

 

BOARD DECISION - Admitted guilt - One day suspension with credit for time served and cost of the proceedings of $250.

 

Violation Hearing - Allowing Sunday Sales without a Sunday Sales License - Class "B" Beer, Wine & Liquor License No. B-102 - Lance Grayson Mitchell Rowe, Member; Hook, Line & Sinkers, LLC, T/A Pickled Herring, 10 South Main Street, North East, MD 21901

{Official transcript available from Wilcox and Fetzer, Wilmington, DE}

 

Lance Rowe appeared before the Board with attorney Karl Fockler; Mr. Fockler stated they would go on a statement of facts.  Chief Bradford was sworn by the Clerk; he then read Inspectors Weber, Odell and his report into the record.  He submitted the receipts from the Inspectors and they were marked as Liquor Board Exhibit #1 and #2.  Mr. Fockler stated Mr. Rowe received Health Department approval on January 20 and submitted the certification as Licensee Exhibit #1; he also stated he received the Certificate of Use and Occupancy on February 27 and submitted that as Licensee Exhibit #2.  Mr. Snelling stated they will be receiving a certified copy of the Board's decision.

 

BOARD DECISION - Admitted guilt -$250 fine and $250 cost of the proceedings.

 

Mr. Gerweck excused himself.

 

New License - Application received from Christopher D. Shelton, T/A Captain Chris's Crab Shack, 1717 Turkey Point Road, North East, MD 21901 for issuance of a new Class "B" Beer Alcoholic Beverage License

 

Christopher Shelton appeared before the Board; he was duly sworn by the Clerk.  Mr. Wilson read the Public Notice which was advertised on April 14th and 21st.  The fully executed application packet with proper fees included: Zoning Certificate signed by Cliff Houston, Zoning Administrator for Cecil County Office of Planning & Zoning; signatures of 10 registered voters and property owners in District 7-2; Alcohol Awareness Training; Certification Form stating the nature of the business will be a package goods store; Validation for Sunday Sales requesting off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that he answered as part of the application packet were true today as they were when they signed the application; the applicant stated yes.  The Board asked what his plans are for the business; Mr. Shelton stated a traditional Maryland crab house with beer, for on premise sales and to go.  Mr. Curry made a motion to approve the Class "B" Beer license; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

Transfer of License - Application received from Maria Kourkoutas, Maria's Pizza Restaurant LLC, T/A Maria's Pizza, 2525 Augustine Herman Highway, Chesapeake City, MD 21915 for transfer of Class "BLX" Beer, Wine & Liquor Alcoholic Beverage License No. BLX-5 from Dean Geracimos, President/Managing Member; Geracimos, LLC; Maria Kourkoutas, Maria's Pizza Restaurant LLC; T/A Maria's Restaurant, 2525 Augustine Herman Highway, Chesapeake City, MD 21915

 

Maria Kourkoutas appeared before the Board; she was duly sworn by the Clerk.  Mr. Wilson read the Public Notice which was advertised on April 14th and 21st.  The fully executed application packet with proper fees included: Zoning Certificate signed by Sharon Weygand, Town of Chesapeake City; signatures of 10 registered voters and property owners in District 2-1; Alcohol Awareness Training; Certification Form stating the nature of the business will be a restaurant with alcohol sales; Validation for Sunday Sales requesting off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that he answered as part of the application packet were true today as they were when they signed the application; the applicant stated yes.  Ms. Coyle asked that the Board approve issuing a Class "B" license instead of the Class "BLX" since there are two available because of the two licenses at Schaefer's; after a short discussion it was decided the Board would issue a Class "B" license pending the appeals at Schaefer's.  Mr. Curry made a motion to approve the issuance of a Class "B" BWL license subject to the appeal in Circuit Court/Court of Special Appeals, if unfavorable they would transfer back to a BLX license; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

 

Transfer of License - Application received from Dean Geracimos, President/Managing Member; Geracimos, LLC T/A Chesapeake Wine & Spirits, 2728 Augustine Herman Road, Chesapeake City, MD 21915 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-9 from 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

 

Dean Geracimos appeared before the Board; he was duly sworn by the Clerk.  Mr. Wilson read the Public Notice which was advertised on April 14th and 21st.  The fully executed application packet with proper fees included: Zoning Certificate signed by Sharon Weygand, Town of Chesapeake City; signatures of 10 registered voters and property owners in District 2-1; Alcohol Awareness Training; Certification Form stating the nature of the business will be a package goods store with banquet facility; Validation for Sunday Sales requesting off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that he answered as part of the application packet were true today as they were when they signed the application; the applicant stated yes.  Mr. Curry made a motion to approve the transfer of the Class "B" license; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

 

Transfer of Location - Application received from Pamela Geracimos, Member; P&D Investments, LLC; T/A Village Beer, Wine & Spirits, Alexandra's Village, 300 East Pulaski Highway, Elkton, Maryland 21921 for transfer of location from Pamela Geracimos, Member; P&D Investments, LLC; T/A Village Beer, Wine & Spirits, Alexandra's Village, 701 Pulaski Highway, Elkton, Maryland 21921

 

Pamela Geracimos appeared before the Board; she was duly sworn by the Clerk.  Mr. Wilson read the Public Notice which was advertised on April 14th and 21st.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Town of Elkton; signatures of 10 registered voters and property owners in District 3-3; Alcohol Awareness Training; Certification Form stating the nature of the business will be a package goods store; Validation for Sunday Sales requesting off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that he answered as part of the application packet were true today as they were when they signed the application; the applicant stated yes.  Mr. Curry made a motion to approve the transfer of the Class "B" license; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

 

 

Update - 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

 

Attorney Frank Shaulis appeared before the Board to request the Class "B" license be issued since they have the occupancy permit.  The Board asked what the plans for the establishment; he is unsure what the plans are for the facility.  Mr. Shaulis stated he feels pretty confident he will be able to convince the licensees to drop both of the appeals so that they can proceed with this.  The Board told him they would not allow a village type atmosphere and should they win the appeals they would only allow one license on the premise; they would however allow the restaurant to be operated by the licensee and only allow one lease management agreement for the banquet facility.  Mr. Shaulis will let the Board know in writing by the close of business on Monday, May 4th about dropping the appeals and having the license be issued.

 

General Business

·                     Approve Minutes

·                     Specials

 

Old Business

·                     Legislative Issues

HB866 Failed (Property Tax)

HB791 Failed

Commissioners want requests early

 

·                     Chesapeake Inn - BLX-2

Met with Commissioners (discussion)

 

·                     Renewals:

 

Change of Officers

o   Triangle Liquors

o   Washington House

 

Expired Licenses:

o   Bob's III C's

o   Country Market

 

Not Received:

o   Beachcomber - B-38

o   Patriot's Glen - GC-2

 

Pending:

o   East Coast Liquors

o   Grist Mill

 

Sunday Sales - Failed to Qualify

o   Uncle Bob's - B-25          Annually              23.19%                  76.81%

o   Paradise Grill - B-125    Annually              14.06%                  85.94%

 

Sunday Sales - Failed to Submit

o   Anchorage B&B - B-2

o   Backfin Blues - B-95

o   Chesapeake Bay Golf Club - B-79

o   Elkton Diner - B-76

o   Nino's Pizza - B-105

o   RT Foard - B-73

o   Schroeder's - B-47

 

Tax Issue:

o   Backfin Blues - B-95

o   Beach Grill Plus - B-53

o   Beachcomber - B-38

o   CM Tugs - B-62

o   Free State - B-38

o   Grist Mill - B-30

o   Molly's Market - B-132

o   O'Kelly's - B-12

o   Patriot's Glen - GC-2

o   Steak & Main - B-29

o   Susquehanna Inn - B-33

o   Washington House - B-19

 

·                     Appeals

Canal House Banquets - B-56

Schaefer's Canal House - B-36

 

·                     Violations

Northside Liquors - A-32 - licensees to appear

 

New Business

 

·                     East Coast Liquors - Bar

 

 

 

With no further business to discuss the meeting was adjourned.

 

 

BY:                                                                                         

Tim Snelling, Chairperson

ATTEST:

                                                                                           

Robin S. Coyle, Administrative Assistant