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, September 25, 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 9:00.

Update - Class "B" BWL Alcoholic Beverage License No. B-127 - William W. Herold, Jr., SWK Enterprises, Inc., T/A Villaggios Ristorante, 5301E. Pulaski Highway, Perryville, MD

William Herold appeared before the Board; he submitted a sketch of the concept for the restaurant.  He has had to fire his architect and hired another firm; he will submit plans to the town as this was a huge setback.  He requested a six-month extension; Mr. Curry made a motion to approve the six-month extension; Mr. Snelling seconded that motion and the Board then voted unanimously to approve the six-month extension as presented.

Violation Hearing - Providing alcohol to person under 21 - Compliance Check - Class "A" B&LW Alcoholic Beverage No. A-23 - James Gordon, President; Edward Tillinghast, Assistant Secretary; Gordon Elkton, Inc., T/A 7-Eleven, 299 East Pulaski Highway, Elkton, MD 21921

Jim Gordon appeared before the Board; Jim Gordon and Chief Bradford were duly sworn by the Clerk.  Chief Bradford read his report stating the events of the evening.  Mr. Gordon stated he does not deny anything that was stated; he apologized for having to be here.  Chairman Snelling stated he would receive a registered letter regarding their decision.

BOARD DECISION: Admitted Guilt - $250 fine plus $250 cost of the proceedings, plus six months probation.

Violation Hearing - Providing alcohol to person under 21 - Class "B" BWL Alcoholic Beverage License No. B-23 - Jerren U. Wetterau, Partner, Arnold Ford Hall, Jr., Partner, James Walter O'Neal, Partner, Fredericktown Partners, L.L.C., T/A Granary Restaurant Sassafras Grill,97 George Street, Fredericktown, Georgetown, MD 21930

Jerren Wetterau appeared before the Board; she, Chief Bradford, Inspector Reynolds, bartender, Brian Haley and waitress, Mrs. Walters were duly sworn by the Clerk.  Inspector Reynolds read his report into the record.  Mrs. Wetterau asked why he didn't approach the boys at the time of the sale of alcohol; Inspector Reynolds stated he needed to watch what transpired from that point.  Brian Haley was called by Mrs. Wetterau; he stated he remembers Dixon asked for a pitcher of beer, Haley then asked how many cups he needed and Dixon stated one.  Mrs. Wetterau asked him to explain the policy on pitchers and cups; Haley stated if the purchaser asks for more than one cup, they must see IDs for each person otherwise only one cup is given.  He also stated that he has someone stand in at the bar and he does occasionally walk through the parking lot where he has found pitchers, cups, bottles, etc.  Mr. Wilson asked if the service bar was open on this particular night; Haley stated yes.  Mr. Gerweck asked how they went from one cup to three cups as Inspector Reynolds had stated; Haley stated they are uncertain how this happened.  Mr. Gerweck asked if he could have been mistaken; Haley admitted that it had been a while ago and it is quite possible that he could be mistaken if they received one cup or three.  Mr. Snelling asked what the percentage of alcohol compared to food is on a Monday night; Mrs. Wetterau stated it's about 60% food and 40% alcohol.  She reiterated that she runs a family restaurant and does not mind kids there; Mr. Gerweck asked if they have so many problems on Monday if she thought about not serving alcohol; she said that would not be fair to the customers who abide by the rules.  She stated she has contacted the Cecil County Sheriff's Office many times over the years to ask for their assistance and thus far has gotten none; Mr. Curry asked if she has ever called this office and asked for assistance; she stated she did not know this office would assist them until Mr. Reynolds offered that while he was there. 

BOARD DECISION:    Guilty - $500 fine plus $250 cost of the proceedings plus six months probation.

Violation Hearing - Selling, serving, consuming after hours - 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 Patterson and Arvie Wrang appeared before the Board with attorney Jason Allison.  Patterson, Wrang, Chief Bradford and two bartenders were duly sworn by the Clerk.  Chief Bradford read into the record three reports; his report from September 2; Inspector Odell's report from September 7 and Inspector McCoy's report from September 8.  Mr. Allison stated there are clearly three separate incidents and he stated it was the first week under new management, a holiday weekend and an event going on in the town of Port Deposit.  He stated they have reviewed Article 2B and the local Rules and Regulations with the management staff and they are now aware of the hours.  He continued that this could significantly damage Mr. Wrang's reputation in the publishing field as well as Mr. Patterson's.  Arvie Wrang apologized to the Board; he stated this is an enormous embarrassment and he thought he knew what the rules were and were operating under the rules as he thought and simply did not know what the hours were, however they are well aware now.  He assured the Board they have taken immediate corrective measures and they absolutely 100% want to operate under the confines of the law.  Judith Zetusky stated she is currently working at the restaurant as Manager and on the nights in questions as bartender to help out since they were so busy.  She stated she believes they did not have sales after the hour set for closing however they did in fact have consumption.  She stated she thought they had an hour after they had last call to finish the alcohol; they simply were not aware they could have not consumption after the hour set for closing.  Mr. Patterson stated he is TIPS trained and Mr. Wrang is

BOARD DECISION:    Guilty - $500 fine plus $250 cost of the proceedings.

Transfer of Location - Application received from Amanda Taylor, Managing Member; Milton McAllister, Member; Lucas Barr, Member; A&L Taylor, LLC; T/A Bigfoot Steaks & Hoagies, 20 West Main Street, Rising Sun, Maryland for transfer of location for Class "B" BWL Alcoholic Beverage License No. B-54 from Amanda Taylor, Managing Member; Martina Linz McCann, Member; A&L Taylor, LLC, T/A Bigfoot Steaks & Hoagies Conowingo, 1809 Conowingo Road, Rising Sun, MD 21911

Milton McAllister and Lucas Barr appeared before the Board.  Mr. Wilson read the public notice which appeared on dates of September 11 and 18, 2007. The applicants were duly sworn.  The fully executed application packet with proper fees included: Zoning Certificate signed by Rising Sun Town Administrator, signatures of 10 registered voters and property owners in District 6-1; Criminal Waiver Forms; letter from the Cecil County Health Department stating okay with issuance of new license; letter from the Comptroller of Maryland's office stating okay with issuance of new license; Alcohol Awareness Training for Barr.  Mr. Riddle stated that as the Board is aware Amanda Taylor has sold the business at 1809 Conowingo Road and she tried to transfer the license to Royal Farms and that was denied by the Board; this is an attempt to save the license and she is still trying to sell the license.  Mr. McAllister stated this will be off-premise sales only.  Mr. Gerweck made a motion to approve the transfer of location; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of location as presented

Update - License not issued within 60 days - Class "C" Alcoholic Beverage Lic3ense No. C-11 - Jeffrey M. Haggerty, Darrell Wayne Evans, Brantwood Golf Club, Inc. T/A Brantwood Golf Club, 1190 Augustine Herman Highway, Elkton, MD 21921

Jamie appeared before the Board with attorney Jason Allison; she stated she has been working with the Comptroller's Office to clear the tax issue, Ms. Schultz stated she would be faxing the letter to the Board office this morning.  One additional signature was submitted and the Clerk verified that it was a good signature of a property owner and registered voter.  As soon as the release is received in the Board office the license will be issued.

Comments/Questions from the floor

General Business

·                     Approve Minutes

                        The minutes from the August 28, 2007 were approved.

·                     Specials

Old Business

·                     Legislative Issues

v            Quota number

Mr. Wilson stated he has received a phone call from Delegate David Rudolph regarding this matter as he has been contacted by Rick Kelso and Artie Johnston.

·                     Appeals

v            Stephen Wright

v            C&D Inc.

New Business

·                     Gumbo's Louisiana Kitchen request - change in trade name to Gumbo's Ragin Cajun

Ms. Horton will be in next month for an update; this will be presented at that time.

·                     Issued Maria's Restaurant - 09/20/07

With no further business to discuss Chairman Snelling adjourned the meeting at 12:10 PM.

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

Robin S. Coyle, Administrative Assistant