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 Tuesday, February 26, 2008 at 9:15 A.M.

PRESENT:      Tim Snelling, Chairman

                   Herrell 'Cuz' Curry, Commissioners

                   William Gerweck, Commissioner

                             H. Norman Wilson, Jr., Esquire

                   Earl R. Bradford, Chief Alcohol Beverage Inspector

                             Robin S. Coyle, Administrative Assistant

Transfer Application - Application received from Donna Grant, Member; Quiroz, LLC, T/A Rivera Maya,223 E. Main Street, Rising Sun, MD 21911 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-54 from Amanda Taylor, Managing Member; Milton McAllister, Member; Lucas Barr, Member; A&L Taylor, LLC, T/A Bigfoot Steaks & Hoagies Conowingo, 20 West Main Street, Rising Sun, MD 21911

Donna Grant and Humberto Quiroz appeared before the Board with attorney William Riddle.  They were duly sworn by the Clerk; Mr. Wilson read the public notice which appeared on dates of February 12 and February 19, 2008.  The fully executed application packet with proper fees included: Zoning Certificate signed by Calvin Bonenberger, Town of Rising Sun, signatures of 10 registered voters and property owners in District 6-1; Affidavit of Transferor; Alcohol Awareness Training; Financial Statement for Corporation; Certification Form stating the nature of the business will be a Mexican Restaurant with alcohol sales with about 25 seats; Validation for Sunday Sales; Worker's Compensation will supply at a later date; Articles of Incorporation; Business Purchase Agreement; Property Lease Agreement with Dye Enterprises, LC and Humberto Quiroz.  Mr. Wilson asked if the application was correct today as when Ms. Grant signed it; Ms. Grant stated yes.  Mr. Riddle asked Mr. Quiroz when he expected to open; he stated second or third week in March.  With no further questions from the Board, Mr. Curry made a motion to approve the transfer conditioned upon submitting the Occupancy Permit and Worker's Compensation Verification; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the issuance of the license.

Violation Hearing - Class "B" BWL Alcoholic Beverage License No. B-41 - Jurgen Michael McGuigan, Member; Rendezvous Inn, Inc., T/A Rendezvous Inn, 362 Front Street, Perryville, MD 21903 (Complete transcript available from Wilcox and Fetzer, Wilmington, DE)

Attorney William Riddle appeared before the Board; he stated his client is about 10 minutes away, but he agreed to begin the hearing as he would have Jurgen McGuigan testify for mitigation purposes.  Chief Bradford; Daniel Loren Turner; Alec Hayden Rolf Anderson; Christopher Lewis Hoopers and Inspector Reynolds were duly sworn by the Clerk.  Chief Bradford read his report into the record into the record.  Daniel Turner was called to testify; Mr. Riddle asked how it was that he entered the Rendezvous Inn; he stated a group was entering and being carded by the doorman and he walked by and was not asked for an ID.  He stated a friend purchased a round and handed him one; he was about to take a drink of the beer when the inspector appeared before him.  Mr. Riddle asked if he had consumed the alcohol; he stated no.  He then asked if he was holding a beer and he stated yes.  Mr. Riddle asked if he had been in the establishment before this night; he stated yes, several times, though he could not narrow down how many times.  Mr. Riddle then called Alec Anderson; he stated he had a false ID in his possession but did not need to show it.  He stated a female friend of his had his true Maryland Driver's License in her possession inside the establishment.  He stated he did not consume any alcohol before the inspector appeared before him.  Mr. Riddle then called Christopher Hoppers; he stated he did have a false ID however he had not consumed any alcohol while inside the establishment; he had no idea where Inspector Reynolds had gotten the bottle of beer that was in Chief Bradford's report; he said there was a trash can at the door maybe he got it from there.  He stated this was his first time in the establishment; he also stated he passed a Field Sobriety Test later on that evening by the Perryville Police Department.  Inspector Reynolds was then called to testify; he stated he did not have a conversation with the doorman, however Chief Bradford had.  He stated he witnessed all three subjects consuming alcohol inside the establishment.  Mr. Riddle then called Jurgen McGuigan to testify; he stated the employee who was on the door that evening is no longer allowed to work the door; he stated their policy is to card everyone, they have a two-step process, the doorman checks the ID and then the barmaid is also supposed to check the ID as well.  He also stated he understands many people have problems with the Americorps program, he continued that almost all of those involved in the Americorps program is of age.  Chairman Snelling stated he would receive a registered letter regarding their decision.

BOARD DECISION: Guilty - $750 fine plus $250 cost of the proceedings

Change of Officers - Class "BLX" Alcoholic Beverage License No. BLX-3 - Robert J. Templeton, President/Treasurer; Jeffrey M. Powell, Secretary; Robert D. Makin, Vice President; RT of Cecil County, Inc., T/A Ruby Tuesday, 312 East Pulaski Highway, Elkton, MD 21921

Jeffrey Powell and Robert Templeton appeared to meet the Board with attorney Charles Brooks.  The change of officers was approved by the Board at the January 29, 2008.  Mr. Powell stated he is General Manager of the restaurant and has 1% interest of the business as well.  He serves as Secretary for RT of Cecil County, Inc. and is TIPS certified.  Mr. Brooks asked Mr. Powell if he understood he would be listed on the alcoholic beverage license and would essentially be responsible for any business under that license; Mr. Powell stated he understands that.  Robert J. Templeton stated he is Assistant Manager and also has 1% interest of the business as well.  Mr. Brooks asked Mr. Templeton is he understood he would be listed on the alcoholic beverage license and would essentially be responsible for any business conducted under that license; Mr. Templeton stated he understands that.  The Board thanked the gentlemen for appearing and meeting them and wished them well.

General Business

·                     Approve Minutes

                                    The minutes from the January 29, 2008 meeting were approved.

·                     Specials

                             None

Old Business

·                     Legislative Issues

                        Chief Bradford stated the legislation that was presented for the $1,000 one-time for wine licenses was approved; and it looks that the decrease in the percentage of alcohol for Sunday Sales is going to be passed however the increase in fees for Sunday Sales was denied.

New Business

·                     Conowingo Coastal

Would like to change their Trade As name to Stop & Shop - Mr. Gerweck made a motion to approve this trade name change; Mr. Curry seconded that motion and the Board then voted unanimously to approve the trade name change.

·                     Rick's Crab II

Would like to change their Trade As name to Bull Dog Pub - Mr. Gerweck made a motion to approve this trade name change; Mr. Curry seconded that motion and the Board then voted unanimously to approve the trade name change.

·                     Jayco

Buddy Ewing from Jayco has contacted our office in regards to upgrading to a Class "B" license again; he asked how the Board would like us to proceed with this.  After a lengthy discussion it was decided that the Board would not waive the application fee and they probably would not reclass however if he would like to pay the $400 application fee he could appear and prove to the Board that he is a restaurant and should have a Class "B" Restaurant License.

·                     Growlers

Chief Bradford stated he has been contacted by the Comptroller's Office that State Line Liquors is selling Growlers; they sell a jug and the customer brings that in and they refill it and recap it.  They are meeting with State Line this afternoon.

·                     Proposed Addition

v                  North East Racing - Jimmy Bomba

Jim Bomba has contacted our office regarding building an addition on the property; the Board stated he would need plans and approval from Planning and Zoning before they will review this.

With no further business to discuss Chairman Snelling adjourned the meeting at 10:30 AM.

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

Robin S. Coyle, Administrative Assistant