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, May 27, 2008 at 9:00 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

Request for Outside Use - William R. Haines, Chairman; Stephen D. Ewing, Sr., Director; Jeffrey S. Kennard, Director, The Community Fire Co. of Rising Sun, Inc., T/A Rising Sun Banquet Hall, 300 Biggs Highway, Rising Sun, MD 21911 (On-Sale Only)

William Haines, Stephen Ewing and Jeffrey Kennard appeared before the Board to request use of the Class "B" license in the pavilion that is currently under construction.  Mr. Curry recused himself as he is a member of the fire company.  Mr. Snelling asked if they are requesting permission for the pavilion only or for other areas of the property; Mr. Haines stated it is only for the pavilion area.  Mr. Snelling explained that the Board has granted permission to Community Fire Company of Perryville for outside use, however it was approved with a 30-day trial period beginning with their first event and with the understanding there is not to be a permanent bar set up, it will be set up and taken down for each event.  Mr. Haines stated this is a pavilion and there is no way to secure the area so it will be a temporary per event bar.  With no further discussion Mr. Gerweck made a motion to approve outside use of the license with a 30-day trial period; Mr. Snelling seconded the motion and the two Board members then voted unanimously to approve the outdoor use of the license.

Transfer - Application received from Baryali Nisar, Owner; Perwan, LLC T/A Delancy Liquors, Delancy Plaza Shopping Center, Elkton, MD 21921 for transfer of Class "A" BWL Alcoholic Beverage License No. A-31 from Baryali Nisar, Owner; T/A Delancy Liquors, Delancy Plaza Shopping Center, Elkton, MD 21921

Baryali Nisar appeared before the Board; he was duly sworn by the Clerk.  Mr. Wilson read the public notice which appeared on dates of May 13 and May 20, 2008.  The fully executed application packet with proper fees included: Zoning Certificate signed by J. Craig Trostle, Zoning Administrator for the Town of Elkton, signatures of 10 registered voters and property owners in District 3-1; Alcohol Awareness Training; Certification Form stating the nature of the business is restaurant with alcohol service; Validation for Sunday Sales; Worker's Compensation.  Mr. Wilson asked if the application was correct today as when the applicants signed it; the applicant stated yes.  Mr. Wilson asked if he is 100% owner of the LLC; Mr. Nisar stated yes.  With no further business to discuss Mr. Gerweck made a motion to approve the transfer of the license to Perwan LLC; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license.

New License - Application received from William Riddle, Member; Daru, LLC, 5279 Pulaski Highway, Perryville, MD 21903 for issuance of new Class "B" BWL Alcoholic Beverage License

William Riddle and Darmesh Patel appeared before the Board; Mr. Wilson read the public notice which appeared on dates of May 13 and May 20, 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 7-2; Alcohol Awareness Training; Certification Form stating the nature of the business is restaurant with alcohol service; Validation for Sunday Sales; Worker's Compensation.  Mr. Wilson asked if the application was correct today as when the applicants signed it; the applicant stated yes.  Mr. Riddle stated they plan to open a liquor store at this time; Mr. Wilson stated the Board is classifying licenses in the correct class and since the plans are to open a package good store, the license will need to be a Class "A" license and if there are any future plans of opening anything other than that the licensee will need to ask for a reclassification at that time.  With no further business to discuss Mr. Gerweck made a motion to approve the issuance of the Class "A" license conditioned up approval from the Town of Perryville, issuance of an Occupancy Permit and Board approval; Mr. Curry seconded that motion and the Board then voted unanimously to approve the issuance of the license with the stated conditions.

Violation - Sales without license being issued and/or properly displayed

Edward D.E. Rollins, III; Kyle A. Rollins; Lisa A. King; Alibi Inn, LLC, T/A Alibi Inn, 2 Sassafras Road, Warwick, MD 21912

Ellis Rollins and Holly Bowers appeared before the Board; Chief Bradford, Inspector Reynolds and Ms. Bowers were duly sworn by the Clerk.  Inspector Reynolds stated he and Inspector Weber went to the Alibi Inn at approximately 10:45 AM on May 1, 2008; they observed consumption of alcohol without the license being posted.  They spoke with the bartender and she was not aware of the situation however she did stop sales right away and closed.  Mr. Rollins stated that on April 25 Ms. Bowers paid the tax and they paid the tax plus interest on May 1^st.  He stated it was an administrative error and under the circumstances asked the Board to take no action.  Ms. Coyle stated she contacted the Comptroller's Office several times on April 30 as well as May 1 and was told the issue was not cleared; the release was not received until May 1.  Mr. Gerweck stated he moved to take no action because of the circumstances; the Board unanimously agreed on this.

General Business

·                     Approve Minutes

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

·                     Specials

Old Business

New Business

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

BY:                                                    

Tim Snelling, Chairperson

ATTEST:

Robin S. Coyle, Administrative Assistant