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June 30, 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 June 30, 2010 at 9:00 A.M.

PRESENT:
        Tim Snelling, Chairman
                        Herrell 'Cuz' Curry, Commissioner                      

                         H. Norman Wilson, Jr., Esquire
                        Earl R. Bradford, Chief Alcohol Beverage Inspector
                        Robin Coyle, Administrative Assistant 

                        William Gerweck, Commissioner, was excused for vacation 

CHANGE OF TRADE NAME – Request received from William Gravlee to change the trade name to Triton Bar & Grill.   

William Gravlee appeared before the Board to request changing the trade name to Triton Bar & Grill.  Mr. Curry made a motion to approve the change of trade name; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the change of trade name. 

QUESTION REGARDING BUSINESS PLAN – 

Tom Knight appeared before the Board to ask if his business plan was feasible; he stated the opportunity has arisen for him to purchase the Winchester in Port Deposit; he would like to contract out the kitchen and use the food portion to meet the food requirement for on-premises sales of alcoholic beverages.  Mr. Wilson stated he did not see anything wrong with that as long as the Board receives a copy of a written agreement between the two entities.

 NEW LICENSE - Application received from Paul Trapani, The Boat Warehouse, Inc. T/A The Boat Warehouse, 111 River Road, Chesapeake City, MD 21915 for issuance of a new Class "B" Beer, Wine & Liquor Alcoholic Beverage License 

Paul Trapani appeared before the Board with attorney James Lupinek; Mr. Snelling asked that anyone wishing to testify for or against this application stand and be sworn; Mr. Trapani, Natalie Thorpe, Trina Russell-Presnell and John Gillespie were duly sworn by the Clerk.  The fully executed application packet with proper fees included: signatures of 10 registered voters and property owners in District 2-1; Alcohol Awareness Training; Certification Form; Worker's Compensation and a copy of the Special Exception received stating the premises is zoned for an alcoholic beverage license.  Mr. Wilson read the public notice and stated it was duly advertised on June 16 and 23, 2010 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; the applicant stated yes.  Mr. Trapani presented the Board with copies of a petition signed by several people in favor of the license as well as pictures, Sunset Café menu.  He stated the restaurant will be in the old club building.  Mr. Wilson asked if you had to go through a residential area to get the restaurant, Mr. Trapani stated yes, he also stated the marina is on 27 acres.  He stated he would like to have a 25 seat restaurant, he stated there are currently 200 boats at the marina with over 600 people frequenting the area.  Mr. Wilson stated there previously was a club license at the establishment.

 Mr. Wilson:  Can you foresee additional people due to the restaurant

 Mr. Trapani: No.   

Mr. Wilson:  Is there a kitchen? 

Mr. Trapani:  There is a kitchen; he has met with the Health Department regarding what he will need as well as several other agencies.  He stated there is an issue with a shortage of pumps for the dock due to the Gulf (of Mexico oil spill) situation.   

Natalie Thorp presented the Board with a petition signed by residents against the issuance of a liquor license, as well as pictures and a map of the area.  She stated she is an officer of the Community Association; she stated from the marina to Route 40 there are a dozen liquor establishments, she asked if there truly is a need for another.  There are currently 150 homes which were not there when the marina had the previous license; the playground is on the way to the marina.  She stated there is one way in and one way out and currently the marina customers use the same roads as the residents; Harbor Road is a dirt road; North and Elk Roads are paved, however they are very narrow, they meet county code, but they are very narrow and residents park in the roadway which makes it even more narrow; Sunnyside is wider. 

 Trina Russell stated she is the President of the Community Association; she stated they live on the corner.  She stated the roads are too narrow; she stated she was there when the yacht club was there, she was a member and was involved for about four or five years, she stated they met once or twice a month and there was not constant traffic.  She also stated the 200 boats Mr. Trapani spoke about are not trucked in, most come by way of water; most don't come through the neighborhood. 

 Mr. Wilson:  Are you against traffic or the restaurant?

 Ms. Russell:  Against traffic.

 Mr. Wilson: Would you agree a 25-seat restaurant is not going to attract I-95 drivers?

 Ms. Russell:  He isn't going to stop at a 25-seat restaurant. 

 Ms. Coyle stated Mr. Trapani had been on the pending list since November 9, 2009. 

 Mr. Lupinek stated Mr. Trapani received the proper zoning; it is a commercial enterprise.  There was a previous liquor license issued to serve food and to accommodate the marina customers.  He continued as Mr. Trapani stated there are currently 200 boats with 600 customers; he will not be advertising.

 John Gillespie stated he is a patron of the marina and he is very much in favor of the restaurant; he would like the convenience of being able to get food at the marina instead of having to drive several miles away. 

 The Board broke for Executive Session.  When the Board returned Mr. Curry made a motion to end the Executive Session.   With no further questions Mr. Curry made a motion to approve the issuance of the license, I don't feel there was any evidence presented that shows it will disturb the peace and tranquility of the neighborhood.  He will need to obtain all the proper permits, licenses, etc.; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the issuance of the license with obtaining all the proper permits, licenses, etc. 

 TRANSFER - Application received from Patrick Evans, Jr., Evans Family Enterprises, Inc., T/A Big Elk Liquors & Deli, 105 Big Elk Mall, Elkton, MD 21921 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-55 from Mi Hi Yoo, President, Song Ok Yoo, Vice President; Jessica Wilson, Resident Agent;Big Elk Liquors, Inc., T/A Big Elk Mall Liquors, 105 Big Elk Mall, Elkton, MD 21921

 Patrick Evans appeared before the Board with attorney Gary Maslan; the applicant was duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Zoning Administer, Town of Elkton; signatures of 10 registered voters and property owners in District 3-1; Alcohol Awareness Training; Certification Form; Worker's Compensation to be supplied at a later date.  Mr. Wilson read the public notice and stated it was duly advertised on June 16 and 23, 2010 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; the applicant stated yes. 

 Mr. Maslan stated Mr. Evans is a 20 year veteran of the Montgomery County police department; he has been a resident of Cecil County for the past seven years.  He recently received his TAM certification.  He will be running the store with his 21-year-old son and Mr. Evans is a fit and proper person.  He has applied for a SBA loan and is waiting on approval of that.

 Attorney Robert Jones stated he is representing the current owners; they are in support of the transfer and are willing to extend the contract which expires today.  He doesn't see a problem with the transfer but would ask that the transfer be conditioned upon settlement.

 With no further questions Mr. Curry made a motion to approve the transfer of the license conditioned upon settlement; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the transfer of the license

LEGISLATION – Changing Sunday Hours- Licensees

 Larry Metz, Wellwood Club, along with Tony Covatta, Steak and Main; Bill Herold, Susky River Grille; Joe Thompson, Nauti Goose; Gian Marco Martuscelli appeared the Board.  They presented the Board with a petition signed by several licensees requesting legislation be changed for Sunday closing hours from 11:00 PM to 2:00 AM.  Mr. Snelling stated this Board cannot do this here; this will have to be done in Annapolis; Mr. Metz stated they understand this however, this is the first step; they have wished to do this for many years and they now will have to compete with the casino, who will be allowed to serve 24/7.  Mr. Snelling stated the Board is in support of changing the hours and will take this request to the County Commissioners in August.  The licensees asked if it would help if they were present at that time; the Board stated that will probably help the cause.

 VIOLATION – Underage Sales – B-81 - Amy Lynn Charles, Owner; Katina Shae Knox, Owner; Slacker's Inc., T/A Drunk Monkey, 989 E. Pulaski Highway, Elkton, MD 21921

 Katina Knox and Brian Davis appeared before the Board for violation of underage sales; they and Chief Bradford were duly sworn by the Clerk.  Mr. Wilson asked if they agree to continue on a Statement of Fact; Ms. Knox stated yes.  Chief Bradford read his report into the record and presented the Board with a picture of the bottle of Miller Lite that was purchased.  Mr. Davis stated the kid came in with his parents and was playing pool all night; he had tried earlier in the night to buy a beer from Samantha but was turned away.  He waited until shift change to approach the bar back who was just promoted and is only allowed to serve beer.  Mr. Snelling asked if he was alcohol awareness trained; Mr. Davis stated no.  Chief Bradford stated there is a class at Sentman Distributors on July 7th; Mr. Davis stated he has three people to send.  Mr. Snelling stated the Board will make a decision and they will be notified by certified mail. 

 BOARD DECISION:  Guilty - $250 fine and $250 proceedings cost.

 CHANGE OF MODE OF OPERATION – B-81 - Amy Lynn Charles, Owner; Katina Shae Knox, Owner; Slacker's Inc., T/A Drunk Monkey, 989 E. Pulaski Highway, Elkton, MD 21921

 Katina Knox and Brian Davis apologized to the Board for not requesting permission for their outdoor deck; they have gotten approval from the landlord as well as the town.  They then requested use of the deck this in the back of the building and use of the Tiki Bar which will be used during summer hours.  Chief Bradford asked if they have music out there; Mr. Davis stated no.  Mr. Curry made a motion to approve the outdoor sales and use of the deck area in the back with a 30-day trial period; they will need to submit copies of the approvals from the landlord and the town; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the approve the outdoor sales and use of the deck area in the back with a 30-day trial period; as long as they submit copies of the approvals from the landlord and the town.

 General Business·              

       Approve Minutes of the May 26, 2010 meeting were approved. ·                

     Specials  Old Business ·                    

Hollywood Casino ·                    

 Pub On Main – B-93 ·                    

 Walsh's Dockside – B-83 ·                    

Londonshire Café/ Pickled Herring ·                    

 Schaefer's  

With no further business to discuss the meeting was adjourned.  

BY:                                                                                                                                

Tim Snelling, Chairperson   ATTEST:                                                                                                                                

 Robin S. Coyle, Administrative Assistant