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, 107 North Street, Elkton, MD on Tuesday, March 27, 2007 at 9:00 A.M.

PRESENT:     

Tim Snelling, Chairman

Herrel 'Cuz' Curry, Commissioner

William Gerweck, Commissioner

H. Norman Wilson, Jr., Esquire

Earl R. Bradford, Chief Alcohol Beverage Inspector

Robin S. Coyle, Administrative Assistant

Chairman Snelling called the meeting to order at 9:15.

Violation - Class BWL Alcoholic Beverage No. B-95 - Gerald Lenhoff, Co-General/Member, Dean V. Camp, Co-General/Member, Judy Anne Leonard, Resident Agent, Clam Group LLC, T/A Backfin Blues Bar & Grill, 19 S. Main Street, Port Deposit, MD 21904

Dean Camp and Gerald Lenhoff appeared before the Board; both licensees and Inspector Jack Dickerson, Maryland Comptroller's Office were duly sworn by the Clerk.  Inspector Dickerson read his report into the record; report in file.  He stated on December 7, 2006 he was conducting a routine inspection at Backfin Blues; manager Mrs. Steele showed him the area where they store their alcohol where Inspector Dickerson found several bottles of wine labeled with Backfin Blues Bar & Grill, no invoice was on premise for this wine.  He called the Board office and spoke with Ms. Coyle who stated the Clam Group entered into a managerial agreement with Robert Steele and Raymond Maxwell in August 2006.  Mr. Dickerson stated upon further investigation he found that Naylor Wine Cellars, Inc. has not had a Maryland Non-Resident Permit to allow sales made to a Maryland Wholesaler since 1996; Inspector Dickerson stated he confiscated 34 sealed bottles of wine as well as three partially filled bottles from behind the bar that Maria Steele brought to him.  Inspector Dickerson said Mrs. Steele had been very cooperative.  Mr. Camp stated he had a letter (marked as Licensee Exhibit #1) from the previous manager, Kathy Gregor, which stated in September 2004 they came across an opportunity to have their logo placed on wine from the Naylor Wine Cellar and felt this would be a great advertising opportunity, she attached a copy of the receipt.  She stated that the wine was included in the liquor sales tax that they paid monthly.  She stated with trying to open the restaurant she somehow missed the details regarding the purchase of wine from out of state.  She also apologized for this inconvenience.  Mr. Camp stated he has met with the current managers and they understand the laws about purchasing alcohol from a duly authorized wholesaler or distributor.  He apologized for this error and stated it will not happen again.  Mr. Snelling stated the Board would make their decision and notify them by mail.

BOARD DECISION:       Guilty - $250 Proceedings Cost with a six-month probationary period.

Violation - Class "B" BWL Alcoholic Beverage No. B-82 - Khushpin Patel, President; James S. Magraw, Vice President; Lata Patel, Inc. T/A Chrome Dairy & Deli & Ice House, 221 West Main Street, Rising Sun, MD 21911

Khushpin Patel appeared before the Board with attorney Thomas Brown.  Mr. Patel, Inspector Pam McCoy and the two underage boys, Anthony Webb and Jesse Steppe were duly sworn by the Clerk.  Mr. Wilson asked Mr. Brown how they wished to proceed; Mr. Brown stated they would like to proceed on a statement of fact.  Chief Bradford was then sworn by the Clerk.  He read Inspector McCoy's report into the record, copy of report in file.  Mr. Wilson asked Mr. Brown if they had any additions or corrections to the report, Mr. Brown stated no.  Mr. Brown stated Anthony Webb had previously been in the store and shown the clerk a fake ID; he asked Mr. Webb if he was still in possession of this ID and he stated no, it was confiscated at the beach.  Mr. Brown stated Mr. Patel was in Michigan and he received a phone call telling him about the events; he asked the clerk if he checked the ID, the clerk stated 'not today', Mr. Patel stated he needed to check the ID everyday and he has since fired the clerk.  Mr. Brown asked Mr. Patel what actions he has taken since this event; Mr. Patel stated he has purchased a Card Visor which scans the ID and checks the birthdates; he stated fake IDs will not scan and anyone under 21 it will alert.  He has had the machine for about four week and has confiscated five IDs. 

Mr. Brown:    "Do you want young people in your store?"

Mr. Patel:     "No"

Mr. Brown:    "Since utilizing Card Visor, have you seen a drop in young people in your store?"

Mr. Patel:     "Yes"

Chairman Snelling stated that the history of this licensee is a warning letter on 11/26/03 and violation hearing on 01/30/07 in which Mr. Wilson stated that was two violations.  Chairman Snelling stated the Board is glad to see he is making changes; however that doesn't excuse what has happened and then he warned Anthony Webb that each time he purchases alcohol he is putting that business at risk of losing their liquor license and it is very costly for the business.  Chairman Snelling stated the Board would make a decision and notify them by mail.

BOARD DECISION:       Guilty - $1,000 Fine with $250 Proceedings Cost.

New License Application - Application received from Samuel Ferraro, President; Rosann Ferraro, Secretary; Medford Jones, Resident; Mast Associates, LLC, T/A Crow's Nest, 215 W. Pulaski Highway, Elkton, MD 21921

Samuel and Rosann Ferraro appeared before the Board; Mr. Wilson read the public notice which appeared on the dates of March 13 and 20, 2007.  The fully executed application packet with proper fees included: letter from Craig Trostle, Director of Building and Zoning, Town of Elkton dated June 8, 2006; (Clerk note: spoke with Craig Trostle on 2/8/07 zoning certificate okay to use); Lease Agreement; Alcohol Awareness Form; Certification Form; Request for Sunday Sales Form; Workmen's Compensation Form and menu.  Applicants were duly sworn by the Clerk.  Mr. Wilson asked the applicants if they information contained in the application was true when they signed it and if that information remained true today; the applicants stated yes.  Mr. Ferraro stated they are due to get the permits in mid-May and the contractors they have received quotes from have stated construction will take six to nine months.  The Board asked if they will be removing the structure; Mr. Ferraro stated as much as they can take down while staying grandfathered into the water and sewer.  Mr. Curry made a motion to approve the issuance of the new license conditioned upon 10 signatures of property owners and registered voters in District 3-2; submitting Pro-Forma Financial Statement; Occupancy permit with CCHD, Fire Marshal's approval; Criminal Waiver forms/fingerprints; Mr. Snelling seconded that motion.  The applicants also asked for a six-month extension which was approved.

New License Application - Application received from Beatrice E. Makin, Assistant Secretary; Roger F. Thomson, President/Secretary; Jeffrey A. Hoban, Vice President/Treasurer/Assistant Secretary; Brinker of Cecil County, Inc., T/A Chilis Grill & Bar, Route 40 and Delancy Road, Elkton, MD 21921 for issuance of a new Class "BLX" Beer, Wine & Liquor (BWL) Alcoholic Beverage License

Beatrice Makin and Roger Thomson appeared before the Board with attorney Charles Brooks; Mr. Brooks stated Mr. Hoban had a death in the family and was unable to attend today's hearing.  Mr. Wilson read the Public Notice which appeared on dates of February 13 and February 20, 2007.  The fully executed application packet with proper fees included:  Zoning Certificate signed by Craig Trostle, Town of Elkton Director of Building and Zoning; signatures more than 10 property owners and registered voters; Alcohol Awareness Training Certification stating will take first available class; Certification Form stating nature of business as a full service restaurant operating daily for lunch and dinner with sufficient wait staff as well as a full compliment of fully trained managers to oversee the day to day operation with the managers and staff knowledgeable as to the Rules and Regulations of the Board; Validation for Sunday Sales requesting on-premise sales only; Workmen's Compensation Verification stating will supply at a later date; Waivers for Records for applicants; Articles of Incorporation for stock corporation; Minutes showing election of officers of the corporation; Pro-forma financial statement; stock certificates; layout of restaurant; lease agreement between Delancy Plaza and Brinker of Cecil County, Inc.  Mr. Brooks stated the restaurant will have 219 seats with 142 in the restaurant; they are anticipating the opening to be December 15, 2007.  Mr. Curry made a motion to approve the issuance of the new license; Mr. Snelling seconded that motion.  They also requested an extension of 18 months if needed which was approved.

Update

George Albany - First Chester Services/First Keystone Bank

Class "B" Beer, Wine and Liquor Alcoholic Beverage License No. B-36 - Domenic John DellaBarba, President; Michael Salvator DellaBarba, Secretary/Treasurer; Vanessa C.R. Taylor, Vice President; Canal House, Inc., T/A Schaefer's Canal House, 208 Bank Street, Chesapeake City, MD 21915

Class "B" Beer, Wine and Liquor Alcoholic Beverage License No. B-56 - Susan L. DellaBarba, Director/President; Diane M. Stringer, Director/Secretary/Treasurer; Jodi DellaBarba, Director/Vice President; Cabin John's Inc., T/A Canal House Banquets, 208 Bank Street, Chesapeake City, MD 21915

Charles Cao, George Albany, Diane Stringer and attorney Frank Shaulis appeared before the Board regarding the Alcoholic Beverage License Numbers B-36 and B-56.  There was a discussion about there being two parcels at the address; Mr. Shaulis stated the erosion project is complete.  It was determined that Mr. Cao would need to renew both licenses, one to the bank which was previously approved for transfer to that entity and the other license would need to be transferred; the Board stated they would need to submit fees of $3,000 by Friday which included the renewal fees for both licenses as well as the $400 transfer application fee to cover the transfer of one license.  The Board then approved the transfer of Alcoholic Beverage License No. B-56 to First Pointe Bank as previously submitted.

Update - Class BLX Alcoholic Beverage License No. BLX-2 -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 appeared before the Board to request permission for the banquet facility which is under construction.  He stated they will have 130 - 160 seats, separate building.  Their first wedding is scheduled for May 5 and they have 25 weddings scheduled throughout the year.  Mr. Curry made a motion to approve the renovations; Mr. Snelling seconded that motion.

General Business

·                     Approve Minutes     

                        The minutes from the February 2007 meeting were approved.

·                     Specials

Old Business

·                     Legislation Updates

v            Chairman Snelling went to Annapolis

·                     Giant Discount

v            Bankruptcy

v            Renewal

Must have either owner's signature or lease agreement to be accepted.

v            Pending Application

·                     Renewals due by March 30, 2007

·                     Letters regarding reimbursement of fees for appeals

v            Received checks from Hilltop and North East Liquors

·                     Issuance of more than one license to individual in state