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, March 25, 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 William R. Barton; Steven R. Luchesi; Doug Hornberger; Jumbo Jimmy's Crab Shack, Inc. T/A Jumbo Jimmy's Crab Shack, 1065 Bainbridge Road, Port Deposit, MD 21904 for Transfer of Class "B" BWL Alcoholic Beverage License No. B-71 from Douglas Glenn Hornberger, President; Margaret Ann Hornberger, Vice President; JJCS, LLC, T/A Jumbo Jimmy's Crab Shack, 1065 Bainbridge Road, Port Deposit, MD 21904

William Barton and Steven Luchesi appeared before the Board; Mr. Hornberger was excused as he has previously met the Board when the license was transferred to him.  They were duly sworn by the Clerk; Mr. Wilson read the public notice which appeared on dates of March 11 and March 18, 2008.  The fully executed application packet with proper fees included: Zoning Certificate signed by Clifford Houston, Zoning Administrator Cecil County Office of Planning and Zoning, signatures of 10 registered voters and property owners in District 7-3; Affidavit of Transferor; Alcohol Awareness Training; Financial Statement for Corporation; Certification Form stating the nature of the business is orderly conduct of restaurant and bar in accordance with county and state Rules and Regulations; Validation for Sunday Sales; Worker's Compensation.  Mr. Wilson asked if the application was correct today as when the applicants signed it; both applicants stated yes.  Mr. Barton stated he will be running the business as it has been run, a restaurant/bar; he is now getting the permits to complete the open pavilion in the back, there is a stop work order and as soon as that is lifted the area will be completed.  He stated he has been in the alcohol business for over 20 years, has had no violations.  Mr. Snelling stated the pavilion area was previously approved by the Board conditioned upon the proper permits.  Mr. Gerweck made a motion to approve the transfer conditioned upon clearing of the tax issue, corporation papers being submitted, i.e. Articles of Incorporation and Minutes showing election of officers; Bulk Transfer Permit being issued by the Comptroller's Office; Mr. Curry seconded the motion and the Board then voted unanimously to approve the transfer of the license.

Transfer of Location Application - Application received from William W. Herold, Jr., SWK Enterprises, Inc., T/A The Susque River Grille, 600 A Rowland Drive, Port Deposit, MD 21904 for Transfer of Location of 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 and Will Riddle were duly sworn by the Clerk; Mr. Wilson read the public notice which appeared on dates of March 11 and March 18, 2008.  The fully executed application packet with proper fees included: Zoning Certificate signed by Clifford Houston, Zoning Administrator Cecil County Office of Planning and Zoning, signatures of 10 registered voters and property owners in District 7-3; Affidavit of Transferor; Alcohol Awareness Training; Financial Statement for Corporation; Certification Form stating the nature of the business is orderly conduct of restaurant and bar in accordance with county and state Rules and Regulations; Validation for Sunday Sales; Worker's Compensation.  Mr. Wilson asked if the application was correct today as when the applicants signed it; he stated yes.  Mr. Herold stated he is presently under contract to purchase the business known as Portside Grill, if the transfer of location is approved today settlement will take place on Thursday.  The Board asked about the BLX license that is currently at that location; Mr. Herold stated he is not purchasing the license and is requesting that license expires.  He continued that the cost associated with the BLX is significantl6y more than the Class "B" license he has been approved for and the Class "B" would allow him to provide carry-out.  The Board asked if he would continue to run the business as it has been run; he stated there is a small Tiki bar on the outside deck he would like to continue that; presently the sales of alcohol is about 25% he would like to increase that and offer a more upscale product and would like to eventually offer crabs.  Mr. Wilson asked if the signatures are okay and if there is anything pending; Ms. Coyle stated no.  Mr. Snelling asked if there was anyone who wished to speak for or against the transfer of location.  Will Riddle stated he is representing Daru LLC who is presently on the pending list; he stated there is already a liquor license at this location, Mr. Herold should keep that license as this is the third time he's changed his plans for this license and it has been almost a year since he was first approved; he stated he feels that the Board should be more forceful in making businesses open once they are approved or the applicants should have to give up the license.  He continued that he needs to appear in court and is unable to stay for the update of the Gumbo's Ragin Cajun license which has been dragging on for 22 months.  The Board asked Mr. Herold if he wished to add anything or address what Mr. Riddle has said; Mr. Herold stated this is pretty much a turn-key operation, he would like to do some interior work which should take about two weeks, but he would be up and running within 30 days.  He continued that if the Board would like to put a time restraint on him he would not have a problem with that.  With no further questions or comments, Mr. Gerweck made a motion to approve the transfer of location however the license must be issued within 60 days as the Article 2B states; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license.

Mr. Snelling called an executive meeting to meet with counsel regarding the next item on the agenda.

New License Application - Application received from Cathy W. Parson; Vasudev Patel, Member; Nilesh Patel, Member; Swami Shree, LLC; T/A Hawthorn Suites, 304 Belle Hill Road, Elkton, Maryland 21921 for issuance of a Class "B" Restaurant/Hotel License, Beer, Wine & Liquor (BWL) Alcoholic Beverage License

Cathy W. Parson, Vasudev Patel and Nilesh Patel appeared before the Board; they were duly sworn by the Clerk; Mr. Wilson read the public notice which appeared on dates of March 11 and March 18, 2008.  The fully executed application packet with proper fees included: Zoning Certificate signed by Clifford Houston, Zoning Administrator Cecil County Office of Planning and Zoning, signatures of 10 registered voters and property owners in District 7-3; Affidavit of Transferor; Alcohol Awareness Training; Financial Statement for Corporation; Certification Form stating the nature of the business is orderly conduct of restaurant and bar in accordance with county and state Rules and Regulations; Validation for Sunday Sales; Worker's Compensation.  Mr. Wilson asked if the application was correct today as when the applicants signed it; all applicants stated yes.  The Board asked how they would be conducting business; Ms. Parson stated they currently offer a standard manager's reception which is included with the rental of a room, they also offer a light meal for business travelers and offer the option of food with the rental of the conference room in which they would like offer beer, wine and liquor for those items.  They also are very active in the community and hold fundraising events in their conference rooms.  They've been contacted to hold a college bowl party.  Although they do not have a stove, oven or hood and dishwasher and small grill, they do not prepare food on premise, they do serve breakfast seven days a week, as well as other meals.  There was a discussion regarding their gross food sales and they stated they did not know because it is included in the price of the rooms and the conference room rental.  With no further questions or comments, Mr. Curry made a motion to approve the issuance of the license conditioned upon clearing of the tax issue with State of Maryland Comptroller's Office and proof of the 51% total receipts of food sales, inspection of the kitchen by Chief Bradford; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the issuance of the license.

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

Natalie Horton appeared before the Board; she presented pictures for the Board to see the progress on the premises.  She stated she is very close; Mr. Gerweck stated that Will Riddle who is representing the applicant on the pending list for that district was in for another license and stated that the Board needs to be more diligent in making businesses either use their licenses or give them up.  Mr. CK Patel stated that he feels since she has not used this license she should give it up and she should go on the pending list.  Ms. Coyle stated that Ms. Horton has paid for her license and has been paying the renewal fees each year.  Mr. Wilson stated that Ms. Horton was on the pending list from 1999 until 2005 and Daru LLC has only been on the pending list since September 2007 and 97 additional voters are needed for another license.  The Board granted Ms. Horton until July 1, 2008 to open and utilize the license or it will be deemed expired.

Request to permit sales, consumption and possession on entire premises - John C. Reinhart, James R. Hall, John A. Jones, Community Fire Company of Perryville, MD., Inc., T/A Community Fire Company of Perryville, MD, Inc., 920 Principio Furnace Road, Perryville, MD 21903

John C. Reinhart, James R. Hall and John A. Jones appeared before the Board; Mr. Reinhart asked for permission to utilize the entire premises instead of just the building; he stated they hold horseshoe tournaments and other events outside and would like to set up a temporary bar for each event and then they would tear the bar down after the event.  Mr. Gerweck made a motion to approve the outside bar with a 30-day trial period beginning May 1^st; Mr. Curry seconded that motion and the Board then voted unanimously to approve the use of the outside property.

Miscellaneous Item Not on Agenda

Kevin McDevitt appeared before the Board; he stated he would like to enlighten the Board as to what he has gone through over the years since not having the B-5 Archway Inn license issued to him.  He stated the Board needs to review and investigate whether creditors are actually paid by the transferors in the sale of a license.  There was a lengthy discussion regarding this matter.  Mr. Wilson told him he would need to go to the legislators in Annapolis to correct this, the Board is not the forum for this nor are they in the position to ensure that this happens. 

Update - Not Opened - Not issued - 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; he stated his intent is to be open by May 1^st.  The Board told him the license would need to be issued by May 1^st with all fees paid at that time.  The cost of the license is $4,250.

Update - Not Opened - Not issued - Request of Trade Name - Lance Grayson Mitchell Rowe, Member; Hook, Line & Sinkers, LLC, T/A Hook, Line & Sinkers, 10 South Main Street, North East, MD 21901

Lance Rowe and attorney Karl Fockler appeared before the Board; Mr. Fockler stated they have been once again dealing with the Town of North East on several items including a parking issue.  He continued it is Mr. Rowe's intent to be open by June 1^st.  Mr. Fockler also stated they have submitted a written request to change the name of the business to The Pickled Herring Pub; Mr. Curry made a motion to approve the name change as well as an extension until June 1^st; Mr. Gerweck seconded that motion and the Board then voted unanimously to approve the change of name as well as the extension until June 1, 2008.

General Business

·                     Approve Minutes

                   The minutes from the February 26, 2008 meeting.

·                     Specials

Old Business

·                     Archway Inn - McDevitt

·                     Catering License - 2008

v                  Bay Gourmet

·                     Jayco - Letter included in packet

·                     Legislative Issues

v                  One Time License Fee - Dove Valley

·                     Schaefer's Canal Restaurant and Market, Inc. - Update

·                     Spring Meeting - May 2-4 - Ocean City

·                     State Line Liquors - Letter included in packet

·                     Skip Jack Cove Marina

New Business

·                     Bizzy B, Inc. - Excellent Convenience Store - Change of Trade Name

            The change of name was approved

With no further business to discuss Chairman Snelling adjourned the meeting at 11:30 A.M.

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

Robin S. Coyle, Administrative Assistant