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, November 30, 2011 at 9:15 A.M.
PRESENT: Tim Snelling, Chairman
William Gerweck, Commissioner
Carrie L. Taylor, Commissioner
H. Norman Wilson, Jr., Esquire
Earl R. Bradford, Chief Alcohol Beverage Inspector
Request for change in mode of operation - B-49 – Robert Matthews, President; Thomas Matthews, Secretary/Treasurer, Bakers Restaurant, Inc., 1075 Augustine Herman Highway, Elkton, MD 21921.
Robert Matthews appeared before the Board to request a change of mode of operation with the addition of a patio to the restaurant. He stated the patio area will be off the bar area and will seat 24 people, this will reduce the restaurant seating by that amount. Mr. Matthews submitted plans and photos for the file. Chairman Snelling asked if he had all the permits as needed; Mr. Matthews stated he did. With no further questions from the Board, Chairman Snelling asked for a motion to approve; Commissioner Taylor made a motion to approve the change of mode of operation; Commissioner Gerweck seconded that motion and the Board then voted unanimously to approve the change of mode of operation.
VIOLATION - Ms. Natalie A. Horton, T/A Joe's Grog House, 26 South Main Street, Port Deposit, MD 21904 (Official transcript available upon request with proper payment of fees)
Natalie Horton appeared before the Board with Howard Killian. Those who were going to testify were duly sworn by Mr. Wilson. Officer Chase Armington was called to testify.
Mr. Wilson asked Officer Armington if he was on duty on the evening of October 2, 2011; Officer Armington said he was. Officer Armington said that while he was on patrol 100 block of South Main Street, he came into contact with a white female who had an odor of alcoholic beverage on her breath as soon as he spoke to her. She indicated she was at the bar up the road which upon further interviewing she identified the bar as the Grog House. He stated she was walking down the street, her car was in the parking lot; he advised her to walk back to the establishment to get her car. Officer Armington stated he then made contact with Howard Killian from the Grog House; he stated he did not recognize the female. At this point the female had made it back to the parking lot and Officer Armington and Mr. Killian walked across the street to the parking lot; Officer Armington identified the female as Katelyn Jo Dietz and she was in fact under the age of 21; she again appeared to be intoxicated and had an odor of alcohol, she became disorderly at that time. Ms. Dietz stated she goes to the Grog House all the time and has never been ID'd. Mr. Wilson asked what happened at that point; Officer Armington stated he took Ms. Dietz back to the station where she was processed and charged with Drunk and Disorderly Behavior. Mr. Wilson asked if Officer Armington had continued his investigation to find if she had been in the establishment, ID'd and consumed alcoholic beverages; Officer Armington stated he went on her statement of that. Mr. Wilson asked Mr. Killian if he had any questions for Officer Armington; Mr. Killian stated he would like to offer what he remembered as to what happened at which time Mr. Wilson stated he would get a chance to do that, but this was for any questions he may have for Officer Armington. Mr. Killian asked Officer Armington several questions to which Officer Armington answered a few and there were several he did not recall. Mr. Killian went into a lengthy discussion.
Mr. Wilson called Katelyn Dietz to the stand; he asked Ms. Dietz to identify herself and asked her age to which she said 20. Mr. Wilson asked if on October 2 she was in Port Deposit; he asked if she came into contact with Officer Armington, she stated yes. Mr. Wilson asked Ms. Dietz if she was at the Grog House prior to meeting Officer Armington; she stated yes; Mr. Wilson asked she consumed alcoholic beverages at the Grog House, Ms. Dietz stated yes, beer and Margaritas. Mr. Wilson asked who served her the alcoholic beverages, she stated the server; Mr. Wilson asked if she was asked for an ID, she stated no. Mr. Wilson asked if that was the first time she has been at Joe's Grog House, she stated yes. Mr. Killian asked Ms. Dietz several questions including her saying to Officer Armington that she goes to Joe's Grog House all the time and never gets carded, she said she didn't remember that. Commissioner Gerweck asked where she was walking to, she stated she did not know; Commissioner Gerweck stated you were pretty drunk, she stated yes, she was, she had gotten mad at her friend. Commissioner Taylor asked if she had been drinking anywhere else that evening, she stated no.
Mr. Killian gave his account of what happened that night. He stated Officer Armington had approached him and asked him to go across the street with him; Mr. Killian said they went to where Ms. Dietz and another girl name Megan were arguing. Mr. Killian recalled the events that happened; he stated he remembered Ms. Dietz yelling 'nobody carded me, carded, hell no, I wasn't carded there!' Mr. Killian stated Ms. Dietz ran into the street and she was very contrary, no matter what anyone said to her she argued with them. Officer Armington told her to calm down or he was going to have to arrest her; Ms. Dietz said 'I don't care, arrest me,' at which time Officer Armington took her into custody. Mr. Killian stated Ms. Dietz just began rambling and she couldn't put two sentences together that made sense. Mr. Killian stated that Megan Little stated Ms. Dietz has a fake ID and she used it that night. Commissioner Gerweck stated that the question is not that she was in the Grog House and got drunk, it's that she used a fake ID or didn't show ID; Mr. Killian started he thought both and tried to explain.
Mr. Killian called Nick Kanaras to the stand; Mr. Killian asked Mr. Kanaras if he remembered carding Megan Little and her party; Mr. Kanaras stated yes. Chairman Snelling asked if he carded anyone else in that party, he stated yes; Chairman Snelling then asked if he carded everyone else in that party, he stated yes. The Board then asked Mr. Kanaras about carding, if he is familiar with spotting a fake ID and if he is TIPS trained; Mr. Kanaras stated he is familiar with spotting a fake ID and he is not TIPS trained.
Mr. Wilson then called Katelyn Dietz to the stand; he asked if she had a fake ID, she stated no; he asked if she ever had a fake ID, she stated no. Mr. Killian asked if there were pictures on Facebook of her partying at other establishments, Ms. Dietz stated no. Commissioner Gerweck asked what made her feel comfortable that you could order a drink and get served; she stated she has heard that you never get carded there. Commissioner Taylor asked if she drank at other establishments in the county; Ms. Dietz stated no. Mr. Wilson then warned Ms. Dietz about drinking under the age of 21; Chairman Snelling stated it puts their license at jeopardy.
BOARD DECISION: The Board did find Ms. Dietz was in fact was served - $1,000 Fine plus $250 cost of the proceedings
NEW LICENSE - Application received from Anthony Covatta, President; Ryan Tice, Vice President, Covatta Restaurants, LLC, 2 S. Main Street, North East, MD 21901 for issuance of a new Class "B" Beer, Wine and Liquor Alcoholic Beverage License.
Anthony Covatta and Ryan Tice appeared before the Board. Mr. Wilson read the public notice which appeared on dates of November 16 and 23, 2011. The applicants were duly sworn by Mr. Wilson. The fully executed application packet with proper fees included: Zoning Certificate signed by Betsy Vennell, Director of Planning, Town of North East, limited to on-premises sales only; signatures of 10 registered voters and property owners in District 5-4; Alcohol Awareness Training; Certification Form stating the nature of the business will be Fine Dining Italian Restaurant, open for dinner; Validation for Sunday Sales requesting on premises sales; Worker's Compensation. Commissioner Gerweck made a motion to approve the issuance of the new Class "B" alcoholic beverage license; Commissioner Taylor seconded that motion and the Board then voted unanimously to approve the issuance of the license.
· Approve Minutes
· Catering Events
· Bittersweet Golf Club – GC-3
There was a lengthy discussion regarding Bittersweet Golf Club; the wish to operate a night club type business on the GC license. Chief Bradford stated we have received a letter from Mary Halsey requesting to have her name taken off of the license as of the date of the letter which was November 28, 2011. Commissioner Gerweck made a motion to allow Mary Halsey's name to be taken off the GC-3 license; Commissioner Taylor seconded that motion and the Board voted unanimously to allow Mary Halsey's name to be taken off the GC-3 license and to pick up the license as there is no one on the license. There was a discussion regarding how the business is being operated, which they do not believe is as a golf course.
With no further business to discuss the meeting was adjourned.
Tim Snelling, Chairperson
Robin S. Coyle, Administrative Assistant