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 31, 2009 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

New License - Applicants not present at last meeting - Application received from Henry Smedley, Member; H. Christopher Smedley, Member; Mary Halsey, Member; 1190 Augustine Herman LC/HCS, LLC, T/A Bittersweet Golf Club @ Brantwood, 1190 Augustine Herman Highway, Elkton, MD 21921 for a new Class "GC" Beer, Wine & Liquor Alcoholic Beverage License

Attorney Rick Bechtel appeared to introduce Mary Halsey and Henry Smedley to the Board; they were out of the country last month and were unable to attend the Board meeting.  Mr. Bechtel asked each fit they had received a copy of the local Rules and Regulations and have reviewed them; each answered yes.  The Board wished them well.

Request for outdoor use - Class "B" BWL Alcoholic Beverage License No. B-112 - Natalie A. Horton, T/A Joe's Grog House, 26 South Main Street, Port Deposit, MD 21904

Natalie Horton appeared before the Board to request permission to put tables outside the restaurant; she stated she has gotten permission from the Town of Port Deposit for this and anyone sitting outside will need to order food and it will be monitored.  Mr. Gerweck made a motion to approve the outside use with approval letter from Town of Port Deposit; Mr. Curry seconded that motion and the Board then voted unanimously to approve the request for outdoor use.

Request for outdoor use - Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-127 - William W. Herold, Jr., SWK Enterprises, Inc., T/A The Susky River Grille, 600 Rowland Drive, Port Deposit, MD 21904

William Herold appeared before the Board; he stated he has been approached by a bike group to use the parking lot of the Susky River Grille for a weekly bike show.  He stated the area will be weekend afternoons, there will be no outdoor music, this will be kept to the deck area, and it will be roped off and confined to the parking lot area.  Mr. Gerweck made a motion to approve the outside use; Mr. Curry seconded that motion and the Board then voted unanimously to approve the request for outdoor use.

Update - Class "B" Beer, Wine & Liquor License No. B-102 - Lance Grayson Mitchell Rowe, Member; Hook, Line & Sinkers, LLC, T/A Pickled Herring, 10 South Main Street, North East, MD 21901

Lance Rowe appeared before the Board with attorney, Skip Fockler; he asked for final approval for use of the additional suites.  He stated the Board had requested he contain the area and he had iron works and gate installed however, the Fire Marshal had requested they take down the gate.  He continued that he has a call into the Fire Marshall's office to see if it's okay to install half of the gate and asked the Board if this was okay with them.  He stated he has no problems with anyone taking alcohol beyond that point, he said everyone knows no alcohol beyond that point.  Mr. Gerweck made a motion to approve the grant a 60-day extension so that Mr. Rowe has enough time to meet with the Fire Marshal's office and take make any corrections that may be needed; Mr. Curry seconded that motion and the Board then voted unanimously to approve the request for a 60-day extension.

License Transfer - Application received from Joseph F. Thompson; Leonard Wysocki; Edward Trainer; Wilgro Holding, LLC, T/A Nauti-Goose, 200 Cherry Street, North East, MD 21901 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-61 from Anthony Covatta, President; Edward E. Trainer, Jr.; Vice President; Mark Coldiron, Secretary/Treasurer; A. Covatta, Inc.; T/A Nauti Goose Saloon, 200 Cherry Street, North East, MD 21901

Joseph Thompson, Leonard Wysocki and Edward Trainer appeared before the Board; the applicants were duly sworn by the Clerk.  Mr. Wilson read the public notice which appeared on dates of March 17 and March 24, 2009.  The fully executed application packet with proper fees included: Zoning Certificate signed by Betsy Vennell, Town of North East; signatures of 10 registered voters and property owners in District 5-3; Alcohol Awareness Training; Certification Form stating the nature of the business will be a restaurant with alcohol sales; Validation for Sunday Sales requesting on and off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that they answered as part of the application packet were true today as they were when they signed the application; the applicants both stated yes.  Mr. Gerweck made a motion to approve the transfer of the Class "B" alcoholic beverage license; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

License Transfer - Application received from David Warren Heckscher, President; James A. Monroe; Todd Patterson Stewart; Davroe, Inc., T/A Jacob Marley's At The Winchester, 15 South Main Street, Port Deposit, MD 21904 for transfer of Class "B" Beer, Wine & Liquor Alcoholic Beverage License No. B-20 from 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

David Heckscher and James Monroe appeared before the Board; Todd Patterson is in the military, is deployed at this time and was excused as the Board has previously met him.  The applicants were duly sworn by the Clerk.  Mr. Wilson read the public notice which appeared on dates of March 17 and March 24, 2009.  The fully executed application packet with proper fees included: a letter from the Port Deposit was submitted stating the proposed use is consistent with the zoning; signatures of 10 registered voters and property owners in District 7-1; Alcohol Awareness Training; Certification Form stating the nature of the business will be a restaurant with alcohol sales; Validation for Sunday Sales requesting on and off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that they answered as part of the application packet were true today as they were when they signed the application; the applicants both stated yes.  Mr. Gerweck made a motion to approve the transfer of the Class "B" alcoholic beverage license; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

New License - Application received from Carolyn Thompson; JT Hunter's Market, LLC, T/A The Anchorage Market, 2495 Turkey Point Road, North East, MD 21901 for issuance of a new Class "A" Beer, Wine & Liquor Alcoholic Beverage License.

Carolyn Thompson appeared before the Board; the applicants were duly sworn by the Clerk.  Mr. Wilson read the public notice which appeared on dates of March 17 and March 24, 2009.  The fully executed application packet with proper fees included: a letter from the Port Deposit was submitted stating the proposed use is consistent with the zoning; signatures of 10 registered voters and property owners in District 7-1; Alcohol Awareness Training; Certification Form stating the nature of the business will be a restaurant with alcohol sales; Validation for Sunday Sales requesting on and off-premise sales; Worker's Compensation to be submitted at a later date.  Mr. Wilson asked the applicants if the questions that they answered as part of the application packet were true today as they were when they signed the application; the applicants both stated yes.  Mr. Gerweck made a motion to approve the transfer of the Class "B" alcoholic beverage license; Mr. Curry seconded that motion and the Board then voted unanimously to approve the transfer of the license. 

Complaints & Concerns - Request received from residents of Chesapeake City regarding Class "BLX" BWL Alcoholic Beverage No. BLX-2 - Martuscelli & Montefusco, Inc., T/A The Chesapeake Inn, 605 Second Street, Chesapeake City, MD 21915

Attorney Michael Leaf appeared before the Board on behalf of several residents of Chesapeake City.  The licensee Gian Marco Martuscelli appeared with his attorney, Dwight Thomey.  He began by stating that several residents felt that since Mr. Wilson has represented Gian Marco in the past that he should recuse himself; Mr. Wilson stated he didn't feel it was a conflict as he is not representing Mr. Martuscelli in this matter.  Mr. Snelling stated that Mr. Wilson is a non-voting person and therefore should not need to be recused.  The Board asked if this was going to be in reference to both letters that was received; they did not wish to hear anyone repeat the same statements and they did not feel they should have another hearing next month and hear the same complaints; Mr. Leaf agreed that this was for both requests submitted, he told his clients they needed to submit a formal request to appeal the renewal of the Chesapeake Inn's license.  Mr. Leaf then called Andy Vaughn to speak. 

Mr. Vaughn - 208 Bohemia Avenue, Chesapeake City.  - presented the Board with a map of Chesapeake City - spoke about the noise level at the Chesapeake Inn.

Cindy Ortt - 316 Biddle Street, Chesapeake City - spoke about the noise level at the Chesapeake Inn.

Carolyn Blevins - 727 Mt. Nebo Road, Chesapeake City- spoke about the noise level at the Chesapeake Inn.

Dwight Thomey and Gian Marco Martuscelli both spoke in defense of the Chesapeake Inn

Bill Gerweck - After consideration of the testimony given and exhibits presented and recognizing the Town of Chesapeake City has a noise ordinance and is the authority where the licensee is located and that said Licensee is in compliance; further the Board having determined the neighborhood to be the entire town of Chesapeake City, both Northside and Southside, and it does not believe Chesapeake Inn, as currently operated, unduly (excessively) disturbs the peace and tranquility of the neighborhood I make a motion to approve the renewal of the license of the Chesapeake Inn; Mr. Curry seconded that motion and the Board then voted unanimously to approve the renewal of the license of the Chesapeake Inn.

General Business

·                     Approve Minutes

·                     Specials

Old Business

·                     Bob' III C's - B-13

·                     Jumbo Jimmy's - B-71 - waiting on report from Comptroller's Office

·                     Northside Liquors - A-32 - waiting on report from Comptroller's Office

·                     Renewals

v  Renaissance - B-94 - Expired

v  Rising Sun Banquet Hall - B-27 - Change of Officers approved

New Business

With no further business to discuss the meeting was adjourned.

BY:                                                                                         

Tim Snelling, Chairperson

ATTEST:

Robin S. Coyle, Administrative Assistant