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, May 29, 2007 at 9:00 A.M.

PRESENT:     

Tim Snelling, Chairman

Herrel 'Cuz' Curry, 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 9:00 AM.

Change of Mode of Operation - Request received from Class "B" B&LW Alcoholic Beverage License No. B-122 - Amanda Sue Musick Willis, Member; Susan Butler, Member, relax LLC, T/A relax, 105 North Street, Elkton, MD 21921 for outdoor sales on sidewalk

Amanda Willis and Susan Butler appeared before the Board to request sidewalk seating.  Susan Butler stated they would like to allow their customers the ability to sit on the sidewalk and listen to Music on Main bands.  Mr. Snelling asked if they have received approval from the town; Ms. Butler stated they are rewriting the town ordinance to allow this.  With no further questions from the Board, Mr. Curry made a motion to approve the change of mode of operation conditioned upon receiving the town approval; Mr. Snelling seconded that motion and unanimously carried to approve.  The Board policy is to grant a 30-day trial period.

New License - Application received from William W. Herold, Jr., T/A Club Liquid, 5279 Pulaski Highway, Perryville, MD 21903 for issuance of new Class "B" Beer, Wine and Liquor Alcoholic Beverage License

William W. Herold, Jr. appeared before the Board; Mr. Wilson read the public notice which appeared on dates of May 15 and May 22, 2007.  Mr. Herold was sworn by the clerk.  The fully executed application packet with proper fees included: Zoning Certificate signed by Perryville Town Administrator Denise Breder; signatures of 10 registered voters and property owners in District 7-2; Criminal Waiver Forms; Alcohol Awareness Training; Certification Form; Request for Sunday Sales; Worker's Compensation Form; letter from the Cecil County Health Department stating okay with issuance of new license as long as a final pre-opening food service facility inspection is completed; letter from the Comptroller of Maryland's office stating okay with transfer.  Mr. Snelling asked if he had a zoning certificate from the town; Mr. Herold stated yes; Mr. Snelling then asked if there were any conditions; Mr. Herold stated he had a zoning certificate stating the premises were zoned for an alcoholic beverage license, he still needs to take care of some other items for the town, such as Highway Corridor Beautification program.  Mr. Snelling advised Mr. Herold that there has been some trouble there in the past and asked what kind of business he was going to run, what type of clientele; Mr. Herold stated he was aware of the past problems; he plans to appeal to the older crowd, serving high end drinks instead of draft beer.  Mr. Snelling asked what type of food he was planning on serving and if he was aware of the Sunday Sales requirement; Mr. Herold stated he will not have a fully operational kitchen, just keep it to fried foods, he also stated he does not plan on the bar being open on Sundays, only the package goods store.  Mr. Snelling asked about the alcohol that is on the premises from the former business; Mr. Herold stated that is between the land owner and the former tenant, he has asked to be kept out of that.  Mr. Wilson asked if there were any comments from the public.  Steve Wright introduced himself and stated there is presently a license at that address.  He continued that Perryville Investment Group LLC is currently in Chapter 7 Bankruptcy under the control of the US Bankruptcy Court.  Mr. Wilson stated that we were beyond that, the license died on May 1, 2007; Mr. Wright stated he was never notified of this; Mr. Wilson read the letter dated April 5, 2007 which was signed for by his wife on April 6, 2007.  Mr. Wright stated he is objecting to the issuance of this license; Mr. Wilson stated his objection is noted.  Will Riddle stated he is appearing on behalf of C.K. Patel; he stated the trustee for the bankruptcy never accepted or rejected the lease for Perryville Investment Group, therefore the lease was rejected.  He continued that Mr. Patel and Mr. Herold have completed a lease; it just needs to be reviewed by both parties.  Mr. Wright asked if he could ask Mr. Herold questions; Mr. Wilson stated this is not for him to do that.  Mr. Snelling stated the bottom line is "your license has expired."  Mr. Curry made a motion to approve the issuance of the license conditioned upon submitting the additional paperwork that is needed; Mr. Snelling seconded that motion and unanimously carried to approve.

Violation Hearing - Class "B" BWL Alcoholic Beverage License No. B-20 - Todd Stewart, President; Robert E. Stewart, Vice President; Carrie A. Riggs, Secretary; Hotel Port Deposit, Inc., T/A The Winchester Hotel, 15  South Main Street, Port Deposit, MD 21904

Todd Stewart appeared with attorney Jason Allison; Mr. Stewart, Chief Bradford and Inspector Reynolds were duly sworn by the Clerk.  Mr. Wilson stated they were sent a letter dated May 8, 2007.  Chief Bradford read from Inspector Reynolds report, stating he was at the establishment on May 1 and witnessed alcoholic beverages being served.  Mr. Allison stated they were not really disputing the fact that on May 1^st the inspector walked in and the liquor license was not hanging on the wall, he just wanted the opportunity to state their case.  He stated that they appeared last month with a copy of the lease management agreement with Michelle Cullum; Ms. Cullum is to pay the taxes and apparently there was problem with them; he continued that Mr. Stewart will be dissolving the lease management agreement with Ms. Cullum as of Wednesday as part of the management agreement.  Mr. Stewart agreed with Mr. Allison; he would like to close after Wednesday and reopen in June; he is under federal orders and has asked to be released from his activation at the Pentagon a few weeks early.  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 Hearing - Class "B" BWL Alcoholic Beverage License No. B-30 - Robert James Rowe, Member; The Grist Mill Tavern, Inc., T/A The Grist Mill Tavern, Inc., 648 Broad Street, Perryville, MD 21903

Robert Rowe and Erik Lidums appeared before the Board, they along with Chief Bradford and Inspector Reynolds were duly sworn by the Clerk.  Mr. Wilson stated they were sent a letter dated May 8, 2007.  Chief Bradford read from Inspector Reynolds report, stating he was at the establishment on May 1 and witnessed alcoholic beverages being served.  Chief Bradford stated that the Board office informed Mr. Lidums of the delinquent taxes and that we would need a release from the Comptroller's Office in order to release the license.  Chief Bradford also stated that he called Mr. Lidums two weeks prior to May 1 to let him know that we still had not received the release.  Mr. Lidums apologized to the Board; he took full responsibility for his wrong doing.  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 Hearing - Class "C" Alcoholic Beverage License No. C-12 - James A. Hutton, Sr. Commander; Michael E. Estep, Quartermaster; Charles B. Watson, Trustee; VFW Post 7687,  T/A VFW Post 7687, 304 Basil Avenue, Chesapeake City, MD 21915

James Hutton and Jean Ash appeared before the Board.  Mr. Wilson stated they were sent a letter dated May 8, 2007.  Chief Bradford read from Inspector Reynolds report, stating he was at the establishment on May 1 and witnessed alcoholic beverages being served.  Mr. Hutton stated they are not disputing this, he hoped that they would look at their record; he also stated that when all was said and done with the Comptroller's office, they do in fact have a credit.  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.

Update - 05/16/06 License Issued - Not Opened - Class "B" BWL Alcoholic Beverage License No. B-112 - Natalie A. Horton, T/A Gumbo's Louisiana Kitchen, 26 South Main Street, Port Deposit, MD 21904 (issued 05/16/06 - not opened)

Natalie Horton appeared before the Board; she stated this has been a long process, she said as far as the town she will be okay.  She is working with an architect to get drawings done and they are shooting for six months.  Mr. Snelling asked about the parking; she stated she has leased parking from Mr. Conrad, she submitted the lease agreement for our records.  Mr. Curry made a motion to approve a six-month extension from May 16, 2007; Mr. Snelling seconded that motion and it was unanimously moved to approve.

Update - 07/05/06 License Issued - Not Opened - Class "B" BWL Alcoholic Beverage License No. B-115 - Albert J. Bruno, Jr.; 5 O'clock LLC, T/A 5 O'clock Shadow, 29 North Main Street, Port Deposit, MD 21904

Al Bruno appeared before the Board; he stated he is hoping to open this month.  He asked what was needed to change his trade as name; he will need to send in a written request however Mr. Curry made a motion to approve the trade as name as Bees Nest Express; Mr. Snelling seconded that motion and it was unanimously moved to approve.  Mr. Bruno then asked for a 30-day extension however, after some discussion, Mr. Curry made a motion to approve a three month extension; Mr. Snelling seconded that motion and it was unanimously moved to approve.  Mr. Bruno stated he would like to come back next month to update the Board again.

Update - Class "B"BWL Alcoholic Beverage License No. B-121 - James William Kuhn and Elizabeth Rose Kuhn; Bainbridge Grill, Inc. T/A Bainbridge Grill, 1195 Tome Highway, Port Deposit, Maryland 21904

Mr. Kuhn appeared before the Board with attorney Bob Jones; Mr. Jones stated settlement took place on May 3, 2007 and Mr. Kuhn has contracted with Grubb Construction, his target date to open is October 1, 2007.  Mr. Curry made a motion to approve a six-month extension; Mr. Snelling seconded that motion and it was unanimously moved to approve.

Update - Class "B" BWL Alcoholic Beverage License No. B-125 - Eric Jay Polansky, Member; EJP, LLC, T/A Paradise Grill, 510 Main Street, North East, MD 21901

Eric Polansky appeared before the Board; he stated he has just gotten the permits to finish the construction and stated he just needs a little bit more time.  Mr. Curry made a motion to approve a six-month extension; Mr. Snelling seconded that motion and it was unanimously moved to approve.

Change of Mode of Operation for Event June 2007 - Class "B" BWL Alcoholic Beverage License No. B-59 - Dwight E. Hair, Member; Philip E. Pyle, Jr., President; Brian M. Shaw, Member; Philip's Tutti Gusti, LLC, T/A Fair Hill Inn, 3370 Singerly Road, Elkton

Dwight Hair, Phillip Pyle and Brian Shaw appeared before the Board; Mr. Pyle stated he has been working with Union Hospital about holding a wine tasting fundraiser for the foundation on June 23, 2007.  They would like to erect a tent outside and have either a string quartet or light jazz playing; there will be no electric, no amplifiers.  They will have a wine tasting, auction and eight-course meal beginning at 4:30 in the afternoon.  Mr. Curry made a motion to approve the one-day change of mode of operation; Mr. Snelling seconded that motion and it was unanimously moved to approve.

Change of Mode of Operation - Class "B" BWL Alcoholic Beverage License No. B-83 - William E. Gravlee, Managing Member, Triton Marina Services, LLC, T/A Walsh's Dockside @ Triton Marina, 285 Plum Point Road, Elkton, MD 21921

The management from Walsh's Dockside appeared before the Board; they requested permission to set up picnic tables in the grass area along their deck to accommodate customers waiting to be seated for dinner.  They would like to offer them refreshments, no food will be served.  They will put the tables within 15 feet of the steps and there will be no more than 10 tables.  Chief Bradford asked if they would have any additional entertainment and they stated not any more than they currently have.  Mr. Curry made a motion to approve the change of mode of operation with a 30-day trial period; Mr. Snelling seconded that motion and it was unanimously moved to approve. 

Comments/Questions from the floor

There were no comments or questions from the floor.

General Business

·                     Approve Minutes

                        The minutes from the April meeting were approved.

·                     Specials

                   No specials

Old Business

·                     Financial Interest in more than one license - to be continued at a later date

·                     Sunday Sales - to be continued at a later date

New Business

No new business at this time.

With no further business to discuss the Chairman Snelling adjourned the meeting.

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

Robin S. Coyle, Administrative Assistant