May 26, 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, May 26, 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

 

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

 

Tom Dye appeared before the Board; he stated the town of Rising Sun continues to deal with the issue of the water treatment plant, they have met with MDE and should know more around June 15th.  Ms. Coyle stated there are licenses available in District 6; Mr. Gerweck made a motion to grant an extension through renewal next year; Mr. Curry seconded that motion and the Board then voted unanimously to approve the extension through renewal next year.

 

New License - Application received from Mandeep Kaur, President; Avtar S. Ghuman, Vice President; AMNF, Inc., T/A Navy Gas, 211 Pulaski Highway, Elkton, MD 21921 for issuance of a new Class "A" Beer, Wine & Liquor Alcoholic Beverage License

Mandeep Kaur and Avtar Ghuman appeared before the Board; they were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Zoning Administrator, Town of Elkton; signatures of 10 registered voters and property owners in District3-2; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on May 14 and 19 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.  With no further questions Mr. Gerweck made a motion to approve the issuance of the license; Mr. Curry seconded that motion and the Board then voted unanimously to approve the issuance of the license. 

 

Transfer - Application received from Jashanjot Kaur, President; Kerry Steven Grubb, Resident Agent; Satjot, Inc., T/A 7-Eleven, 299 East Pulaski Highway, Elkton, MD 21921 for transfer of Beer and Light Wine Alcoholic Beverage License No. A-23 from James Gordon, President; Edward Tillinghast, Assistant Secretary; Gordon Elkton, Inc., T/A 7-Eleven, 299 East Pulaski Highway, Elkton, MD 21921

Jashanjot Kaur, President; Kerry Steven Grubb; they were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Zoning Administrator, Town of Elkton; signatures of 10 registered voters and property owners in District 3-1; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on May 13, 14 and 19 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. Coyle stated Mr. Gordon, the present licensee, requested the transfer be conditioned upon settlement and the lease being approved by 7-Eleven, Corporate.  With no further questions Mr. Gerweck made a motion to approve the transfer conditioned upon settlement and the lease being approved by 7-Eleven, Corporate and the Bulk Sales Permit being issued for the transfer of alcohol; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license conditioned upon settlement and the lease being approved by 7-Eleven, Corporate and the Bulk Sales Permit being issued for the transfer of alcohol. 

 

Ne w License - Application received from Armando Saldana, President; Carlos Saldana-Raygoza, Vice President; Theodore DeMetriou, Resident Agent; El Mezquite, Inc., T/A Plaza Tapatia Mexican Restaurant, 881 East Pulaski Highway, Elkton, MD 21921 for issuance of a new Class "B" Beer, Wine & Liquor Alcoholic Beverage License

Armando Saldana, Carlos Saldana-Raygoza, Theodore DeMetriou appeared before the Board with attorney Jay Emrey; they were duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Zoning Administrator, Town of Elkton; signatures of 10 registered voters and property owners in District 3-1; Alcohol Awareness Training; Certification Form; Worker's Compensation.  Mr. Wilson read the public notice and stated it was duly advertised on May 13, 14 and 19 in the Cecil Whig; he 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 applicant stated yes.  Mr. Emrey stated the applicants have 7 other restaurants, six in Maryland and one in Delaware.  He also stated the license is usually issued for the metes and bounds of the property, which includes the building and parking spots; however, they will make every effort to keep consumption within the confines of the building.  The applicants stated they are looking to open around July 19th.  Dan Eshrich, Manager of AKN, LLC, property owner, stated they have no issues with the applicants; they have done an extensive check on them, including visiting their other restaurants and everything has come back very good.  With no further questions Mr. Gerweck made a motion to approve the issuance of the license, as well as a 90-day extension; Mr. Curry seconded that motion and the Board then voted unanimously to approve the issuance of the license and the 90-day extension. 

 

New License - Application received from Michael McKinney, Irishtown Brewery, LLC, T/A Irishtown Brewery Company, 400 North Bridge Street, Elkton, MD 21921 for issuance of a new Class "D" Beer, Wine & Liquor License.

Michael McKinney appeared before the Board with attorney, Kevin Urich; he was duly sworn by the Clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Craig Trostle, Zoning Administrator, 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 May 13, 14 and 19 in the Cecil Whig; he asked the applicant if the questions that he answered as part of the application packet were true today as when he signed the application; the applicant stated yes.  Mr. McKinney stated he would like to operate as a bar with Sunday Sales; he is currently managing Walsh's and will be coming off of that license as such.  He hopes to open by July 1st; he stated he has an option to purchase the property after a year.  He stated he would also like to be Cecil County's first brewery; Mr. Wilson stated that is currently not possible in Cecil County; that would need to be changed in legislation in Annapolis.  With no further questions Mr. Gerweck made a motion to approve the issuance of the license with an extension through August 1; Mr. Curry seconded that motion and the Board then voted unanimously to approve the issuance of the license with an extension through August 1.  

 

Expansion Request - Lance Grayson Mitchell Rowe, Member; Hook, Line & Sinkers LLC T/A Pickled Herring, 10 South Main Street, North East, MD 21901

Lance Rowe appeared before the Board with attorney, David Parrack.  Mr. Rowe stated it has always been his long-term goal for the alcoholic beverage license to cover the entire building.  There have been other tenants in the building and as their leases end, he intends to move into those areas.  He stated they are in negotiations with the current lessees to move them elsewhere.  Mr. Parrack stated with the new license application that was denied last month, the building owners, Mr. Rowe and Mr. Fockler think the gelato idea is a viable concept and they are currently in negotiations with Mr. McDevitt to become a member of the LLC which currently holds the alcoholic beverage license.   Mr. Rowe reviewed the file plans and the license currently has been approved to cover suites 7, 8, 9, 11, 12 and 14, with the approval he is seeking at this meeting suites 1, 3 and 5 will be added.  Mr. Parrack stated they are requesting the additional suites be conditioned upon resolution of the appeal by Mr. McDevitt.  Mr. Gerweck made a motion to approve the addition of the requested suites 1, 3 and 5 with the town and/or county approvals, as well as resolution of the appeal; Mr. Curry seconded that motion and the Board then voted unanimously to approve the addition of the requested suites 1, 3 and 5 with the town and/or county approvals, as well as resolution of the appeal

 

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

 

Marcella Murray and                                       to discuss the growler idea that they have discussed previously with the Board.  There was a lengthy discussion regarding the Attorney General's decision and what is needed to allow this to happen in Cecil County.  The Board stated they are not opposed to the idea, they suggested they write the bill and submit to the Board before their deadline to the county Commissioners.

 

Violation - Baryali Nisar, Owner; Perwan LLC, T/A Delancy Liquors, Delancy Plaza Shopping Center, Elkton, MD 21921

Fuard Nisar appeared before the Board; Baryali Nisar called the office and stated he would be out of town and would not be able to attend the hearing, he agreed to proceed on a statement of fact.  Mr. Nisar and Chief Bradford were duly sworn by the Clerk.  Chief Bradford then read his report into the record.  Mr. Nisar stated they consider this a very serious matter; it is specific to one employee and they apologize.  Mr. Nisar stated they have reprimanded the employee and stated he, as the manager does not have alcohol awareness training.  Mr. Snelling stated the Board would make their decision and send them a certified letter. 

Board Decision:  Admitted guilt – $250 fine and cost of the proceedings of $250.

 

Request for Outdoor Use - Yu-Pin Cass, President and Director; Edwin B. Fockler, IV, Vice-President; Dennis Cass, Secretary/Treasurer; Alang Corporation, T/A San Lin East, 953 W. Pulaski Highway, Elkton, MD 21921

 

Attorney Skip Fockler appeared before the Board to request outdoor use; they have had a few events outdoors and would like to be able to continue this.  They did inform the Board of the events held outdoors.  Mr. Curry made a motion to approve the outdoor use with 30-day trial period; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the outdoor use with a 30-day trial period.

 

General Business

·                     Approve Minutes

The minutes from the April 28, 2010 meeting were approved.

 

·                     Specials

               

Old Business

·                     Legal Gun Sales on Licensed Premise

 

·                     Schaefer's Canal House – B-137

The Legal Notice for the sale of Schaefer's Canal House was in the Cecil Whig advertising the alcoholic beverage license; Mr. Wilson will notify the attorney that the license has expired.

 

·                     Sisters of Chrome

Sisters of Chrome were approved for the Special Exception

 

New Business

·                     Bentley's – B-2

Mark D'Azevedo has informed Chief Bradford that they have closed.

 

·                     Drunk Monkey – B-81

Chief Bradford stated they have built an enclosed area out back where they are consuming alcohol

 

·                     San Lin East – B-80

 

·                     Londonshire Café Appeal

The Request for Judicial Review has been received.  We are waiting on the transcript to be completed so the paperwork can be submitted to the Clerk's Office.

 

With no further business to discuss the meeting was adjourned.

 

BY:

                                                                                                                               

Tim Snelling, Chairperson

 

ATTEST:

                                                                                                                               

Robin S. Coyle, Administrative Assistant