September 29, 2010

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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, September 29, 2010 at 9:15 A.M.

             Herrell 'Cuz' Curry, Commissioners
                                William Gerweck, Commissioner

                                H. Norman Wilson, Jr., Esquire

                                Earl R. Bradford, Chief Alcohol Beverage Inspector
                                Robin Coyle, Administrative Assistant


EXCUSED:            Tim Snelling, Chairman


TRANSFER - Application received from Kevin McDevitt, The Londonshire Café, Inc. T/A The Pickled Herring, 32 S. Main Street, Suites 7, 8, 9,10, 11, 12 and 14, North East, MD 21901 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-102 from Lance Grayson Mitchell Rowe, Member; Hook, Line & Sinkers LLC T/A Pickled Herring, 32 South Main Street, North East, MD 21901

Kevin McDevitt appeared before the Board with licensee, Lance Rowe; Mr. McDevitt was duly sworn by the Clerk.  The fully executed application packet with proper fees included: signatures of 10 registered voters and property owners in District 5-4; Alcohol Awareness Training; Certification Form; Worker's Compensation and a copy of the zoning certificate stating the premises is zoned for an alcoholic beverage license.  Mr. Wilson read the public notice and stated it was duly advertised on September 15 and 22, 2010 in the Cecil Whig; he asked the applicant several questions from the application.  Mr. McDevitt stated he plans to extend the hours to provide lunch and dinner, offering music during daytime hours and eventually add fondue and gelato to the menu.  He stated suite number 7 will be the first to go into operation.  He then asked about cigar bars and isolating a room off for smoking; Mr. Wilson stated with the state law he is unsure what is allowed.  There was a discussion about putting a smoking area in the back of the building, alleviating people from going through the building out front.  Commissioner Curry made a motion to approve the transfer conditioned upon settlement; Commissioner Gerweck seconded that motion and the Board then voted unanimously to approve the transfer of the license conditioned upon settlement.

VIOLATION – On-premises Sunday Sales without proper license - Howard Ronald Dubree, Sr.; Full Moon Saloon, LC, T/A Full Moon Saloon, 565 Cecilton Warwick Road, Warwick, MD 21912

Howard Dubree appeared before the Board; it was determined that Mr. Dubree wished to proceed on a statement of fact.  Mr. Dubree, Ms. Coyle and Inspector Bielert were duly sworn by Mr. Wilson.  Ms. Coyle read her report into the record; Chief Bradford read Inspector Bielert's report into the record, as well.  Mr. Dubree stated he did not do this intentionally and he presented the Board with the standard letter issued with the license stating Sunday hours; he said he did not look at the license until after the fact.  Mr. Dubree stated he has spent a lot of time and money putting a nice place in there and he certainly wouldn't jeopardize that by doing something he shouldn't.  Mr. Wilson asked if he has been issued the Occupancy Permit; Mr. Dubree stated that has been approved; Ms. Coyle stated the Board needs a copy of that permit.  Mr. Wilson stated the Board will make a decision and they will be notified by certified mail. 

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


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

Neither licensees appeared before the Board, however, the underage person, Joshua Hrabec appeared; the Board decided to proceed with the hearing without the licensees present.  Joshua Hrabec, Inspector Reynolds and Chief Bradford were duly sworn by the Clerk.  Inspector Reynolds read his report into the record.  Mr. Wilson asked Joshua if in fact that is what happened; Joshua stated yes.  He also stated after the inspectors left, he was approached by one of the guys at the Drunk Monkey and was told that when he appeared in court that he should say he had a fake ID; the Board asked Joshua if he ever had a fake ID, Joshua stated he has never had a fake ID and in fact has never been asked for an ID while he was in the Drunk Monkey.  Mr. Wilson stated the Board will make a decision and they will be notified by certified mail. 

BOARD DECISION:  Guilty - $1,000 fine and $250 proceedings cost.


VIOLATION - 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; Agent Michael Cole from the Comptroller's Office and Michael McNeal were duly sworn by the Clerk.  Inspector Cole read his report into the record.  .  Inspector Cole stated Mr. McNeal was very cooperative with him during his visit.  Mr. McNeal stated he looked online for new recipes for shots, he knew he could not take refill bottles but did not realize by adding candy to the alcohol was tampering Mr. Wilson stated the Board will make a decision and they will be notified by certified mail. 

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


UPDATE - Anna Martuscelli, Vice President; Gian Marco Martuscelli, Secretary/Treasurer; Joseph J. Mahoney, Vice President; Martuscelli & Montefusco, Inc.; T/A The Chesapeake Inn, 605 Second Street, Chesapeake City, MD 21915


Gian Marco Martuscelli, as well as, Ron Francis, from the Town of Chesapeake City appeared before the Board; Mr. Martuscelli stated he is really unsure of why he was asked to appear.  He stated the he has purchased a scan tech system which doesn't allow his system to above a certain dbz level.  He continued that despite buying that system, at the end of last season, he still continued to receive complaints; he spent additional money upgrading the stage and lighting and rewired the entire bar/deck area.  He stated he also was approached by a company representative who asked to review the system that is in place; he gave them some suggestions regarding turning the speakers toward the building, etc.; Mr. Martuscelli stated they have also had the bigger bands play inside the bar and that has received good and bad reviews; several people stated Chesapeake Inn is a summer place and patrons are disappointed when the bands play inside, they stated they can go anywhere for that.  He also stated when they have bands play inside; they are playing to no one because everyone chooses to sit outside.  Mr. Martuscelli stated he doesn't know what else he can do; he receives complaints when they aren't playing music; he receives complaints about the crowd noise; he stated Mr. Francis doesn't tell him when he's going out and Mr. Francis comes to him and tells him he has a few spike areas, however, it isn't sustained at that peak.  Mr. Francis explained how he measures the noise level and he has learned a great deal about ambient noise and he cannot get a good reading on the noise level because of the ambient noise, bridge noise, etc. Mr. Martuscelli stated his manager is really good about booking bands and placing the bigger bands inside, however, the Inn, as well as the town are losing business because they are not playing the bands outside.  He stated he is at the restaurant Tuesday through Sunday and they do not have music when he is not there and they still get complaints about Monday.  Mr. Martuscelli stated the Council has come to him and made him aware of the complaints they've received; he feels he has gone above and beyond what he can do and he doesn't know what else he can do. 


General Business

·                     Approve Minutes

The minutes from the August 25, 2010 meeting were approved.

·                     Specials


Old Business

·                     Hollywood Casino – Chief Bradford stated the casino has opened

·                     The Private Affair – Chief Bradford stated we continue to receive complaints regarding The Private Affair – the Board would like to send a letter stating it is illegal to sell alcohol or to act as a bottle club.


New Business


With no further business to discuss the meeting was adjourned.




Herrel 'Cuz' Curry




Robin S. Coyle, Administrative Assistant