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April 28, 2010

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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 Wednesday, April 28, 2010 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 Coyle, Administrative Assistant

 

Transfer - Application received from Sherry Walls, Alibi Inn, LLC, T/A Alibi Inn, 2 Sassafras Road, Warwick, MD 21912 to transfer Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-18 from Charles Evan Rollins; Kyle A. Rollins; Lisa A. King; Alibi Inn, LLC, T/A Alibi Inn, 2 Sassafras Road, Warwick, MD 21912

 

Sherry Walls appeared before the Board.  She was duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Clifford Houston, Zoning Administrator for Cecil County; signatures of 10 registered voters and property owners in District 1-1; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on April 14 and 21 in the Cecil Whig; he asked the applicant if the questions that she answered as part of the application packet were true today as they were when she signed the application; the applicant stated yes.  Ms. Walls stated she plans to keep the business as it was; she asked the Board to waive the late fees due to hardship; Mr. Snelling stated the Board will discuss that and will notify her of their decision.  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 of the license. 

 

Transfer - Application received from Chandrakant Kashibhai Patel, 2495 Turkey Point Road, North East, MD 21901 for transfer of Class "A" Beer, Wine & Liquor Alcoholic Beverage License No. A-37 from Carolyn Thompson, T/A JT Hunter's, 2495 Turkey Point Road, North East, MD 21901

 

Chandrakant Kashibhai Patel appeared before the Board; he was duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Curtis McCardell, Code Compliance Inspector for Cecil County Office of Planning and Zoning; signatures of 10 registered voters and property owners in District 1-1; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on April 14 and 21 in the Cecil Whig; he asked the applicant if the questions that she answered as part of the application packet were true today as they were when she signed the application; the applicant stated yes.  Ms. Walls stated she plans to keep the business as it was; she asked the Board to waive the late fees due to hardship; Mr. Snelling stated the Board will discuss that and will notify her of their decision.  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 of the license. 

 

Legislation - Robert E. Murray, President; John W. Murray, III, Vice President; Marcella Murray; Treasurer, SLL, Inc., T/A State Line Liquors, 1610 Elkton Road, Elkton, MD 21921

 

Did not appear – will reschedule for May meeting – Robert Murray did leave voice message, stated he was unable to attend.

 

New License - Application received from Kevin McDevitt, The Londonshire Café, Inc. T/A The Londonshire Café, Inc. , 32 S. Main Street, Suites 1, 3, 5, North East, MD 21901 for issuance of a new Beer, Wine & Liquor Alcoholic Beverage License

 

Kevin McDevitt appeared before the Board with attorney, Karl Fockler; he, along with many members of the audience were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate with 8 Conditions, signed by Melissa B. Cook-MacKenzie, Zoning Administrator – Town of North East; signatures of 10 registered voters and property owners in District 1-1; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on April 14 and 21 in the Cecil Whig; he reviewed the application with the applicant and then asked them if the questions that he answered as part of the application packet were true today as they were when he signed the application on March 31, 2010; the applicant stated yes.  Mr. Fockler then asked Mr. McDevitt to explain his intent and concept; Mr. McDevitt stated he would like to open a gelato-teria, better described as a restaurant/cafeteria that provides gelato and sorbets mostly gourmet items, similar to a gourmet ice cream shop; have fondue, Panini sandwiches and lite fare; this is part of a business plan that he put together in October, he signed a distribution agreement for the gelato and sorbets in the mid-Atlantic region.  The alcohol is incorporated into the plan to provide alcohol in several drinks.  The menu and floor plan were shared with the Board.  Mr. Fockler asked Mr. McDevitt about the Town of North East approving suites 1, 3 and 5 as a restaurant and serving alcohol; Mr. McDevitt stated that is correct, conditionally but that is correct.  Mr. Fockler stated there is to be no alcohol to be taken outside of the suite area, there will be no consumption of alcohol in the patio area outside; he stated the Town has required the alcohol be put in distinctive glasses, to differentiate between alcoholic and non-alcoholic drinks.  Mr. Gerweck asked, "The percentage of your business, you're saying 75% of your business will be food?  You have 18 seats?"  Mr. McDevitt stated 28 seats, proposing 28 seats."  Mr. Gerweck stated the plans show 18 seats; he asked if the business based upon getting a liquor license, can you still have the business without a liquor license?"  Mr. McDevitt stated tenancy is conditioned upon him getting a liquor license.  Mr. Gerweck stated there are many liquor licenses around him and asked what he is offering to the community?  Mr. McDevitt stated he will be offering something that is unique, fondues, gelato, gelato recipes, sorbet; gelato drinks…Mr. Gerweck asked if the vast majority of his business will be the gelato drinks?  Mr. McDevitt stated the vast majority of his business will be restaurant; gelato…what I represent is a company who has franchises in the GS Gelato franchise business, they asked me to do distribution.  They are in cones, sundaes; recipes…Mr. Fockler stated he should point out that the anticipated hours of operation are to be…Mr. McDevitt he anticipates the doors open at 10:30 in the morning, close at 10 a tonight with about an hour beforehand to clear out.  Mr. Snelling stated they should try to convince this Board of the need in that community of this type of business, it's another alcohol license inside this town that already has several of this type of businesses.  Mr. Fockler stated the majority of the restaurants in town are seafood; this is something new, quicker…the turn a plate in 15 minutes.  Mr. Snelling stated it is another alcoholic beverage license; is there a need for another license?  Mr. McDevitt stated a strawberry daiquiri has 30% juice, less sugar than pre-mixes, therefore a healthier drink.  Mr. Fockler stated the Town of North East sounded pleased to have this type of business; residents are excited.  Mr. Gerweck asked how many turns per table he anticipates – Mr. McDevitt stated he thinks that during the dinner hour, they can turn a table over three times. 

 

Mr. Snelling asked if there was anyone to speak in favor of license; there was no one.

 

The comments from the audience members present to oppose the license were very inaudible.

 

Michael Darnell stated he is not against business, but when you look at all the other businesses, it's another piece of the pie. 

 

Peter Wood stated he is the owner of Woody's Crab House; basically stated his business is across the street and with the economy, he feels another business will affect everyone in the downtown area.

 

Frank Strimel stated he is the owner of the Rendezvous in Perryville and he feels another license will affect everyone's business.

 

Adrienne Colbaugh – she stated she just moved from Cecil County to Delaware – she is not against business, but she feels with the economy there is not enough business to go around for everyone who already has a license; she is also concerned with children being served.

 

Mr. McDevitt explained anyone who is under 28 years old will be required to be carded – alcoholic drinks will be served in a glass with the company identification on it – anyone ordering gelato will go to the gelato cart, anyone ordering a drink will be seated.

 

Mr. Wilson asked what his alcohol inventory does he anticipate.  Mr. McDevitt stated not much; basic vodka, cognac, bottled beer, many four or six varieties of wines, they are not looking to set up a full-service bar.  Mr. Wilson asked the idea is basically getting a license to serve with your food, as compared to incorporate with your gelato; Mr. McDevitt agreed and stated he would like that option to be available also.

 

Mr. Snelling stated he does not like having two licenses in that building; Mr. Fockler stated he relates it to a mall or a shopping plaza.  Mr. Gerweck commented that these licenses will be adjacent to each other; Mr. Fockler stated no; Mr. Gerweck stated they're adjacent with a common corridor between them.

 

Mr. Curry requested to break into Executive Session with Mr. Wilson.

 

After a break for Executive Session, Mr. Wilson stated the Board went back to discuss the matter and review all the laws pertaining to it.  Mr. Snelling asked for a motion; Mr. Gerweck stated he applauded he thinks it would be a great place for a gelato place, however, at this time he makes a motion not to approve because it's not necessary, in our opinion, to accommodate the public at this location, additionally since it is a shared entranceway, shared common corridor, and at this point and time I don't know where they would go to the bathroom, since the bathrooms are in the back…Mr. Fockler interrupted and stated as part of the approval process, they have to put in bathrooms…Mr. Gerweck stated but at this time I'm going to make a motion to deny; Mr. Snelling asked for a second, Mr. Curry seconded that motion and the Board then voted unanimously to deny the issuance of the license. 

 

New License - Application received from Guiseppe Dimeo; Refelle Lubrano; Stephen Holman; Bravo Pizza LLC, T/A Bravo Pizza, 104 Northside Plaza, Units 7 & 8, Elkton, MD 21921 for issuance of a new Beer & Light Wine Alcoholic Beverage License

 

Guiseppe Dimeo; Refelle Lubrano; Stephen Holman appeared before the Board with attorney Karl Fockler.  They were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Zoning Administrator for Town of Elkton; signatures of 10 registered voters and property owners in District 3-2; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on April 14 and 21 in the Cecil Whig; he asked the applicant if the questions that she answered as part of the application packet were true today as they were when she signed the application on March 30; the applicant stated yes.  Mr. Wilson asked if the applicants were citizens, Mr. Dimeo stated his application has been approved; it will be a few months.  Mr. Dimeo stated he currently owns a pizza establishment in North East, this is a separate entity, they do not serve alcohol at the North East location.  Mr. Fockler stated this is an application for beer and wine, no liquor and for on-premises sales only; Mr. Dimeo stated that is correct.  Mr. Gerweck asked how big it was, he stated 2700 square feet; booths and tables mixed, seats about 50-60 people.  Mr. Gerweck asked if he was already in business; Mr. Dimeo stated it is under construction, it is closed.  Mr. Snelling asked when they plan to be opened; Mr. Dimeo stated by June 1st.  With no further questions Mr. Curry made a motion to approve the transfer; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

 

 

Transfer - Application received from Manish Jayendrakumar Patel; Parul Dinesh Chandra Patel; Nancy L. Nickerson; Shri Sai Baba VMK Corporation for transfer of Beer, Wine & Liquor Alcoholic Beverage License No. B-6 from Paru Navnitkumar Patel, President; Nancy Nickerson, Resident Agent; Yash Rad, Inc., T/A Triangle Liquors, 1616 Conowingo Road, Rising Sun, MD 21911

Manish Jayendrakumar Patel; Parul Dinesh Chandra Patel; Nancy L. Nickerson appeared before the Board with attorney Jason Allison.  They were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Cliff Houston, Zoning Administrator for Cecil County Office of Planning and Zoning; signatures of 10 registered voters and property owners in District 6-2; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on April 14 and 21 in the Cecil Whig; he asked the applicant 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 stated yes.  There was a discussion regarding reclassifying this license to a Class "A" On-Premises License because there is no kitchen; it was determined this license will in fact be reclassified.  Mr. Allison stated settlement will take place quickly, hopefully by the end of the week.  With no further questions Mr. Gerweck made a motion to approve the transfer conditioned upon settlement; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license

 

Class "C" Special One Day License - Application received from Donna Trodgien, President; Colleen Reynolds, Vice President/Treasurer; Saundra Bratcher, Associate; Sisters of Chrome for MD Trauma Teddy Bear Festival to be held June 4-6, 2010 at Camp Conowingo, 46 Shadowbrook Road, Conowingo, MD 21918

Representatives from the Sisters of Chrome appeared before the Board.  Colleen Reynolds stated they will be holding a festival to raise funds for the MD Trauma Teddy Bear Festival at Camp Conowingo.  They are scheduled to appear before the Planning Commission for a special exception on May 17 and 25.  The president is working with Northeast Beverage and Sentman Distributors regarding the beer, however they won't talk to her until they have a liquor license.  She stated several of the members have been certified in Alcohol Awareness; their plan is to card everyone at the gate and place a wrist band on those over 21.  The camp is 600 acres, however they will not be using the entire area, their area will be taped and no public will be allowed in the camping area.  They have bands scheduled for Friday and Saturday and they will pack up on Sunday; she stated they have over $40,000 invested in the event at this time.  She also stated they have advertised the event; however they have not sold any tickets and will not until they have the liquor license.  She stated they have hired a security firm which employs active police officers and a commercial ambulance company.

 

Chief Richard Brooks, Cecil County Department of Emergency Services stated he has several concerns; he would like to see the registry of the campsite with the number of campers; evacuation and safety action plans.  He perused the paperwork submitted to the Board and stated they have contacted a commercial first aid unit not a commercial ambulance company; he would like them to have a commercial ambulance company that can transport should something happen so they do not tax the volunteer companies in the area.  Ms. Reynolds stated they would look into this.  One member stated they would be at the camp on Sunday and invited Chief Brooks to meet them there. 

 

Steven Funk stated he was present on behalf of the residents in the area; he stated that's a lot of traffic on the back roads leading to the camp.  Ms. Reynolds interjected and stated the number of people on the roads for this event is not any different than the 1800 -2000 people they have at the camp every weekend.

 

With no further questions Mr. Gerweck made a motion to approve the special license conditioned upon getting every piece of paper required, proof of non-profit, letter from MSP, CCHD approval and all county permits required; Mr. Curry seconded that motion and the Board then voted unanimously to approve the special license conditioned upon getting every piece of paper required, proof of non-profit, letter from MSP, CCHD approval and all county permits required.

 

Transfer - Application received from Franklin L. Strimel, Rendezvous Brothers Restaurant, LLC, T/A Rendezvous Inn, 362 Front Street, Perryville, MD 21903 for transfer of Beer, Wine & Liquor Alcoholic Beverage License No. B-41 from Jurgen Michael McGuigan, Member; Franklin Strimel, Member; Rendezvous Brothers Restaurant, LLC, T/A Rendezvous Inn, 362 Front Street, Perryville, MD 21903

 

Franklin Strimel appeared before the Board with attorney, Jay Emory.  He was duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Denise Breder, Town of Perryville; signatures of 10 registered voters and property owners in District 7-2; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on April 14 and 21 in the Cecil Whig; he asked the applicant if the questions that he answered as part of the application packet were true today as they were when he signed the application on April 6; the applicant stated yes.  Mr. Emory corrected the name of the LLC, stating it is Rendezvous Brothers Restaurant, LLC.  Mr. Emory stated this transfer will correct all the ownership issues that have come up over the past several years.  Mr. Gerweck made a motion to approve the transfer; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the alcoholic beverage license.

 

UPDATE - Sarah Davis, T/A 3-D, 300 East Pulaski Highway, Elkton, Maryland 21921

 

Bryan Davis appeared before the Board; he stated the owner of the Walmart property has a new lessee who wants to utilize the entire premises, which means he has had to look for another place.  The same owner owns the Basics property on Route 40 and he has signed a lease for this building.  He stated he picked up a transfer application and will submit that as soon as possible; he requested a four-month extension.  Mr. Gerweck made a motion to approve the four-month extension; Mr. Curry seconded that motion and the Board then voted unanimously to approve the four-month extension as requested.

 

UPDATE - Pamela Geracimos, Member; P&D Investments, LLC; T/A Village Beer, Wine & Spirits, Alexandra's Village, 701 Pulaski Highway, Elkton, Maryland 21921

 

Pam and Dean Geracimos appeared before the Board; Dean stated he is having the same issue as  3-D; he is hoping the sale is still valid; he requested a six-month extension.  Mr. Gerweck made a motion to approve the six-month extension; Mr. Curry seconded that motion and the Board then voted unanimously to approve the six-month extension as requested.

 

UPDATE - Thomas Dye, T/A Pizza Hut, Maple Heights Drive, Rising Sun, MD 21911

 

Tom Dye did not appear; he did leave a message and would like to reschedule for the May meeting.

 

General Business

·                     Approve Minutes

            The minutes from the February 24, 2010 meeting were approved.

 

·                     Specials

           

Old Business

·                     Renewal

o   Change of Officers

¨      Cecilton Fire Company – FD-1

¨      Hacks Point Fire Company – FD-9

¨      North East Fire Company – FD-4

¨      North East Yacht Club – C-3

¨      Elkton VFW Post 8175 – C-5

¨      American Legion - Susquehanna Post – C-6

¨      Cecil County Memorial VFW Post No. 6027 – C-8

¨      Becker Home Corporation – Knights of Columbus – C-17

¨      Triangle Liquors – B-6

¨      Fletchwood Inn – B-34

¨      Lafayette Inn – B-40

¨      Pine Grove – B-50

                              The above change of officers were approved by the Board.

 

o   Tax Issues

Chief Bradford stated there are still several licenses with tax issues and several who have not renewed.

New Business

·                     Old South Smokehouse – B-85

·                     Schaefer's Canal House Restaurant & Marina, Inc.

 

With no further business to discuss the meeting was adjourned.

 

 

BY:

                                                                                               

Tim Snelling, Chairperson

 

ATTEST:

                                                                                               

Robin S. Coyle, Administrative Assistant