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, October 26, 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
Robin Coyle, Administrative Assistant
A-31 - Patrick Evans, Evans Family Enterprises, LLC, T/A Delancy Liquors, 1197 E. Pulaski Highway, Suite D, Elkton, MD 21921
Patrick Evans appeared before the Board; with attorney, William Hickey, III. Mr. Hickey stated everything has been submitted, the Bulk Transfer has been submitted to the State of Maryland. Mr. Wilson stated as soon as the Bulk Transfer is received the license will be issued. Commissioner Gerweck made a motion to approve a 30-day extension; Commissioner Taylor seconded that motion and the Board then voted unanimously to approve the 30-day extension.
B-142 - Paul Trapani, The Boat Warehouse, Inc., T/A Sunset Cafe, 111 River Road, Chesapeake City, MD 21915
Paul Trapani appeared before the Board; he stated he is in the process of submitting drawings to the Office of Permits and Inspections; he stated they are well on their way to getting these approved and having the occupancy permit issued. Commission Gerweck made a motion to approve an extension through renewal, stating Mr. Trapani will need to submit the renewal packet with fees; Commissioner Taylor seconded that motion and the Board then voted unanimously to approve the extension.
Dilip Patel, Managing Member; Roger W. Naylor, Resident Agent; Pantry1Petroleum, LLC, 1897 Conowingo Road, Rising Sun, MD 21911
Dilip Patel and Roger Naylor appeared before the Board with attorney, Jason Allison. Mr. Wilson read the public notice which appeared on dates of October 12 and 19, 2011. The applicants and several members of the audience were duly sworn by the Clerk. The fully executed application packet with proper fees included: Zoning Certificate signed by Clifford Houston, Cecil County Office of Planning and Zoning; signatures of 10 registered voters and property owners in District 6-2; Alcohol Awareness Training; Certification Form stating the nature of the business will be retail package goods store, (beer, wine, liquor) off site only – business also sells deli meat, fresh delis sandwiches, chips, snacks, candy, soda, bread, milk and gasoline; Validation for Sunday Sales requesting on and off-premise sales; Worker's Compensation to be submitted at a later date. Mr. Allison stated the property was formerly a High's and is not affiliated with High's at this time; he stated Mr. Patel owns the business as well as the real estate. Mr. Allison stated Mr. Naylor is a retired Anne Arundel schools employee. Commissioners Gerweck asked if Mr. Patel would be the onsite manager; Mr. Patel stated he is not, Leslie, the former manager of High's will continue as manager and Mr. Naylor works 16 hours per week. Commissioner Taylor asked what the hours of operation would be; Mr. Allison stated 5:00 AM to midnight, the Board reminded them they could not sell alcoholic beverages prior to 6:00 AM Monday through Saturday and 8:00 AM on Sunday. There was a discussion regarding the police calls at the store, as that seems to be a concern.
Karl Fockler appeared before the Board, stating he is representing the owners of Triangle Liquors. He submitted evidence showing Mr. Patel owns several other Pantry 1 stores, making this a chain, which Article 2B strictly prohibits in Cecil County.
Several members of the community spoke against the establishment. (Sign in sheet in file)
VIOLATIONMs. 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; both were duly sworn by the Clerk, as well as Chief Bradford and several members of the audience.
Chief Bradford read his report into the record. Howard Killian stated his recollection of the events of that night.
Chairman Snelling stated the Board would notify them of their decision by certified mail.
BOARD DECISION: Guilty - $250 Fine plus $250 cost of the proceedings
Public CommentsLois Ashworth spoke about Bees Nest Express – resident of Tome's Landing Condos – she stated the location of her condo is right across from the Bees Nest about 100' away – she stated the music consistently violates Section F of the Rules and Regulations – she stated the music level consistently violates the decibel level allowed – she has tried to speak with Mr. Brown; she invited him to her condo to listen to the noise level – he made adjustments; she contacted him another time and adjustments were made. Her neighbor Patricia Boling is an employee of the Conowingo Dam and has borrowed a meter. She has contacted the Town of Port Deposit and they do not have a meter to measure the decibel level; she stated she and Ms. Boling have offered to purchase a meter for the Town and are in the process of doing that. She also stated when Mr. Brown originally came before the Board he stated the music would go until 10 or 10:30 and it consistently goes past 11:00. Chairman Snelling asked how many residents live in Tome's Landing, Ms. Ashworth stated there are approximately 360 residents – there are about 90 units in each building. She stated depending on where you live depends on what location effects your resident. Mr. Wilson asked what Port Deposit's level is; she stated 65 decibels. She stated she likes the diversity of establishments in Port Deposit; she doesn't want to shut him down; she just wants him to turn down the level. The Board stated they would check into it.
· Approve Minutes
Minutes from August 31, 2011 meeting were approved
· Catering Events
· Bees Nest Express
With no further business to discuss the meeting was adjourned.
Tim Snelling, Chairperson
Robin S. Coyle, Administrative Assistant