KENT COUNTY, MARYLAND

The Honorable Board of License Commissioners met today with the following present: Larry B. Beck, W. Michael Newnam, and Ronald H. Fithian, presiding.

SPECIAL LICENSE

The Commissioners approved a one day only Special Class C Beer, Wine and Liquor License for the Prince Theatre Foundation for a fund raising event to be held at the Prince Theatre, Chestertown on June 1.

LEGISLATION

As a result of the recent legislation passed by the 2002 General Assembly, a Special Theater (on-sale) beer wine and liquor license will be available after June 1. Applications for the Special Theater License can be accepted at that time.

THE CRYSTAL DECANTER

A public hearing was held at 9:45 a.m. on the application received from David Glover and Kathleen Glover, for a Beer and Wine Class B License, Caterer's Privilege, Sunday Sale Privilege. Mr. and Mrs. Glover were in attendance along with Daniel Saunders, Esq., legal representation.

Commissioner Fithian read the notice of public hearing into the record.

Mr. Stetson advised that the applicants have been fingerprinted and Mr. Glover has attended the alcohol awareness class. Mr. Stetson read the statute relating to the definition of a Class B "Restaurant" License and expressed concern that the 237 High Street building lacked a kitchen facility which would make this application not in conformance with the definition of restaurant license. He also questioned the proposed establishment's ability to comply with the 40% alcohol - 60% food sales requirement. He also expressed concern that a Sunday Sales Privilege License was only eligible for a Class B Beer, Wine and Liquor License.

Mr. Glover advised that their establishment would be offering a selection of wine, cheese and desserts for both consumption and carry-out. He advised that the desserts will not be made on premise and full meals will not be served. Mr. Glover further noted that a Class D license did not offer Sunday sales, excluding the Sunday tourist trade, a crucial component of his proposed business. Commissioner Newnam questioned if the food/alcohol ratio sale requirement was met, were the remaining requirements of the license met.

Mr. Saunders advised that the Glovers' had wrestled with complying with a restaurant license, however, the plan included a 12' by 12' area to prepare and serve food. Commissioner Fithian stated that he felt this Board should not evaluate whether or not a proposed establishment could meet the alcohol/food ratio sales requirement since the burden falls on the licensee to provide a certified accountant's statement of alcohol and food sales within a specific time frame. He felt the major concern was the lack of a full kitchen on premise. Again Mr. Saunders advised that Mr. And Mrs. Glover had worked with the Health Department and have satisfied their requirements. Mr. Saunders also noted there was not a license available for the type of business the Glover's plan to open. The Class B Beer and Wine License was the closest match to this type of business. Mr. Stetson suggested concerns raised be addressed during the next legislative session of the General Assembly.

There was no one in attendance who wished to speak for or against this application.

A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to approve the license as requested and that the required accountant's statement will be reviewed within six months. The Commissioners wished Mr. and Mrs. Glover well with their new business endeavor.

This hearing was taped for reference and adjourned at 10:00 a.m.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, May 7, 2002.

Please contact Joyce Laskey or Janice Fletcher at (410) 778-7435 or by e-mail with any questions or comments.