Idea Transcript
FREDERICK COUNTY LIQUOR BOARD Public Meeting Minutes Monday, February 24, 2014 Those Present: Mr. Dick Zimmerman, Chairman Mrs. Maggi Hays, Board Member Mr. Rick Stup, Board Member Mrs. Linda B. Thall, Sr. Assistant County Attorney Mr. Harold C. DeLauter, Alcoholic Bev. Inspector Mr. Bob Shrum, Alcoholic Bev. Inspector Ms. Kathy L. Vahle, Administrator Mrs. Sandra Rees, Administrative Specialist IV Mrs. Penny Bussard, Administrative Specialist IV A Public Meeting was held at 12 E. Church Street, Frederick, Maryland, and was called to order at 9 am by Chairman Zimmerman. 1.
Decision Required:
New RE: Timo Winkel and Franklin LeClair for the use of DB Frederick LLC t/a Doner Bistro 5 Carroll Creek Way Unit 110 Frederick, MD 21701 Class B, On Sale, Beer, Wine and Liquor
Ms. Vahle swore in the applicants (See Sign In Sheet). Pending items are: the Occupancy Permit, the Fire Marshal, the Health Department, Retail Sales Tax License. Mr. Winkel was on a license in Virginia and had a violation of Consumption of Alcoholic Beverage by an Underage Person and the charges are still pending. Mr. Winkel stated the Retail Sales Tax License was applied for and they have not received it yet and the other items have been applied for. Ms. Vahle stated that all items have to be completed by February 28, 2014 or they will have to wait until May 1, 2014 to pick up the license. Mr. Winkel said they will apply for outside seating at some point. He has no plans for entertainment. Mr. Shrum stated this establishment is compliant and will have to apply for an outside permit.
MOTION:
Mr. Stup made a motion for a conditional approval for May 5, 2014.
SECOND:
Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup – Aye Mrs. Hays – Aye Mr. Zimmerman - Aye
The vote was unanimous. Aye – 3 Nay – 0 (Motion Passed) 2.
Decision Required:
New RE: Jay Bajaj and Michael Acker for the use of TK Frederick LLC t/a Tilted Kilt Pub & Eatery 5605 Spectrum Dr. Frederick, MD 21703 Class B, On Sale, Beer, Wine and Liquor
Ms. Vahle swore in the applicants (See Sign In Sheet). Pending items are: Zoning, the Occupancy Permit, the Fire Marshal, Health Department, Retail Sales Tax License, Alcohol Awareness, Worker’s Compensation, Manager’s information and the Inspector’s Report. Mr. Bajaj was represented by his Power of Attorney previously approved by the Board. Mrs. Carter, Attorney, represented the applicants and stated that there were numerous issues with the building they are to occupy so the date of opening will be August 2014. They will be applying for outside seating at a later date. There are no plans for entertainment at this time. MOTION:
Mrs. Hays made a motion for a conditional approval until August 25, 2014.
SECOND:
Mr. Stup seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion.
VOTE:
Mrs. Hays - Aye Mr. Stup - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) 3.
Decision Required:
Transfer
TRANSFER FROM:
RE:
TRANSFER TO:
Eric Nichols, David Chapin and Conrad Peach for the use of Homewood at Frederick MD Inc. t/a Homewood at Crumland Farms and Homewood Retirement Center 7407 Willow Rd. Frederick, MD 21702 Class C, On Sale, Beer, Wine & Liquor RE:
Eric Nichols, James Kluttz and George McCullough for the use of Homewood at Frederick MD Inc. t/a Homewood at Crumland Farms and Homewood Retirement Center 7407 Willow Rd. Frederick, MD 21702 Class C, On Sale, Beer, Wine & Liquor
Ms. Vahle swore in the applicants (See Sign In Sheet). Mr. Stup recused himself as his Mother is a resident of this facility and he is responsible for her care. There were no pending items. Inspector DeLauter stated they are compliant. MOTION:
Mrs. Hays made a motion for approval.
SECOND:
Mr. Zimmerman seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 2 Nays – 0 (Motion Passed) 4.
Decision Required:
Conference RE:
Min Kim and Moe Aung for the use of MJ Vision LLC t/a FSK Miyako 5500 Buckeystown Pk. #615 Frederick, MD 21703 Class B, On Sale, Beer, Wine & Liquor This applicant had a conference with the Board regarding a change of an address for the local person during the application process. The address that was given is not the same address that he lives at now. We do not have an applicant that is a Frederick County resident. Also the Contract shows that the transfer of the business happened December 1, 2013. There is also no Retail Sales Tax license. The way the application was submitted does not qualify the applicant for a license. They will have to reapply on May 1, 2014 and the current license will need to be surrendered by February 28, 2014. 5.
Decision Required:
Transfer
TRANSFER FROM: RE:
Marlene Eyler for the use of Avalon of Mt. Pleasant LLC t/a Avalon of Mt. Pleasant 9800 A Liberty Rd. Frederick, MD 21701 Class B, On Sale, Beer, Wine & Liquor TRANSFER TO: RE:
Donald Conner Jr., Edward Graves and Eugene Gentry for the use of Fraternal Order of Orioles Nest 330
t/a Fraternal Order of Orioles Nest 330 9800 A Liberty Rd. Frederick, MD 21701 Class C, On Sale, Beer, Wine & Liquor Ms. Vahle swore in the applicants (See Sign In Sheet). The pending items are: Retail Sales Taxes, the Bulk Transfer, the Retail Sales Tax License. The applicant stated the Bulk Transfer was mailed and a copy of the Sales Tax license will be faxed. They will have no outside seating or entertainment. Inspector DeLauter stated they are compliant. MOTION:
Mrs. Hays made a motion for a conditional approval until May 5, 2014.
SECOND:
Mr. Stup seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mrs. Hays – Aye Mr. Stup - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) 6.
Decision Required:
New RE: Tai La, Tyler Tu and Anh Mai La for the use of Pho Tnt Inc. t/a Pho Tnt 1003 West Patrick St. #8 Frederick, MD 21702 Class B, On Sale, Beer Only
Ms. Vahle swore in the applicants (See Sign In Sheet). There are no pending items. They will have no outside seating or entertainment. Inspector Shrum stated they are compliant. MOTION:
Mr. Stup made a motion for approval.
SECOND:
Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup – Aye Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) 7.
Decision Required:
New RE: Ricky Geisbert for the use of Unit 221B Inc. t/a Pistarro’s 221 N. East St. Frederick, MD 21701 Class B, On Sale, Beer, Wine & Liquor
Ms. Vahle swore in the applicants (See Sign In Sheet). The Pending item is: the Health Department. Mr. Geisbert was on a license for the G Hunter’s Restaurant and there were no violations during that time. Mr. Bowers stated they would meet with the Health Department for a final inspection tomorrow. Inspector Schrum stated they are compliant. They will request to have entertainment. They plan to use the existing outside area. Inspector Shrum will inspect the outside area. MOTION:
Mr. Stup made a motion for a conditional approval until May 5, 2014 and pending approval for the outside area.
SECOND:
Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup – Aye Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed)
8.
Decision Required:
New RE: Thomas Poss and Jeffrey Ziccardi for the use of Texas Roadhouse Holdings LLC t/a Texas Roadhouse 5101 Pegasus Ct. Frederick, MD 21704 Class B, On Sale, Beer, Wine & Liquor
Ms. Vahle stated she received a request to have the Hearing for the license postponed. The applicant stated they did not receive notice of this Hearing and there is a conflict now. One of the applicants is in Florida. We did receive the notice in returned mail with the wrong address. After contacting the applicant to give us the correct address, they were notified of the hearing verbally and a new notice was mailed. Mr. Poss stated construction has been held up due to weather. MOTION:
Mr. Stup made a motion to reschedule the Hearing in accordance with the request of the applicant until May 5, 2014.
SECOND:
Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup – Aye Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) 9.
Decision Required:
Transfer
TRANSFER FROM: RE:
Margaret Abraham for the use of Saini Foods & Beverage LLC t/a Village Liquors
101 Silo Hill Rd. Emmitsburg, MD 21727 Class A, Off Sale, Beer, Wine & Liquor Sunday and Beer and Wine Tasting TRANSFER TO: RE:
Rosmy Maria Ortiz and Dawal Bharatkumar Limbachia for the use of Saini Foods & Beverage LLC t/a Village Liquors 101 Silo Hill Rd. Emmitsburg, MD 21727 Class A, Off Sale, Beer, Wine & Liquor Sunday and Beer and Wine Tasting Ms. Vahle swore in the applicants (See Sign In Sheet). There are no pending items. There are no changes to the operation. Inspector DeLauter stated they are compliant. MOTION:
Mrs. Hays made a motion for approval
SECOND:
Mr. Stup seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mrs. Hays – Aye Mr. Stup - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) 10.
Class DBR On-Site Consumption Permit – Mr. Phil Bowers discussed with the Board the issue of the fee amount for this permit. He has researched the fee and the highest amount is $1,200 in Baltimore and Talbot Counties. Most of the fees are $250 to $500. Mr. Bowers stated they have not applied because of the amount of the fee. He is requesting that the Board review the fee to lower it for economic purposes. Mr. Stup stated he would be willing to consider setting the fee at $1,200 for a year. This will have to go back to a Public Hearing.
11.
Decision Required: Approval of the Public Meeting Minutes for January 6, 2014. MOTION:
Mrs. Hays made a motion to approve the Public Meeting Minutes for January 6, 2014 as submitted.
SECOND:
Mr. Stup seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mrs. Hays - Aye Mr. Stup - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) The Board suspended the Public Meeting to return to the administrative function meeting at 10:19AM. The Board resumed the Public Meeting at 10:44AM 12.
Decision Required:
New RE:
Martin Schipper for the use of Shri Yamunaji, LLC t/a Town Center Spirits & Wine 11324 Fingerboard Rd. Monrovia, MD 21770 Class A, Off Sale, Beer, Wine and Liquor, Sunday permit Ms. Vahle received a request from Mr. Schipper stating they have delays beyond their control and they have been denied access to Fingerboard Road due to traffic studies. They cannot say when they can proceed with this site. They have another site in the New Market Election District in a portion of the former Jug Bridge Seafood building and would like to submit a new application for that site.
MOTION:
SECOND:
Mr. Stup made a motion to deny the request since it cannot be considered a revision to the original application; staff is to go back to the original list and if no one wants to apply any longer then Mr. Schipper can reapply. Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup - Aye Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) 13.
Peter Pan Premium Beer & Wines – Ms. Vahle stated they applied and received a Conditional Approval a year ago. They have been having problems getting approvals. This has become an economic issue as the developers are trying to seek companion tenants to the facility. The applicant is asking for an extension of another year. MOTION:
Mr. Stup made a motion to deny the request as the applicant was previously granted a year and there has been no movement on the demolition or construction; staff is directed to move to the next applicant on the list.
SECOND:
Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup - Aye Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed)
14.
Holly Hills Country Club – Ms. Vahle stated she received a request to replace John P. Lunn, General Manager on the license as he left without notice. MOTION:
Mr. Stup made a motion to approve the motion.
SECOND:
Mrs. Hays seconded the motion.
FURTHER DISCUSSION ON THE MOTION: There was no further discussion on the motion. VOTE:
Mr. Stup - Aye Mrs. Hays - Aye Mr. Zimmerman – Aye
The vote was unanimous. Aye – 3 Nays – 0 (Motion Passed) ADJOURN The meeting was adjourned at 10:54 am. Respectfully submitted, Kathy Vahle, Administrator FREDERICK COUNTY LIQUOR BOARD Prepared by Sandra Rees