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.

Larry B. Beck, and Ronald H. Fithian, presiding. W. Michael Newnam was not in attendance due to a work commitment at his place of employment, Verizon.

Mauritz Stetson, Alcoholic Beverage Inspector, appeared to discuss the following issues:

SPECIAL LICENSE

The Commissioners approved a one day only Class C, Beer and Wine license for the Haven Yacht Club to hold an event at the Haven Harbor Marina, Rock Hall.

THE CRYSTAL DECANTER

Correspondence was received from Kathleen and David Glover, Owners, requesting consideration be given to exempt the requirement of 60% food sales, 40% alcoholic beverage sales for off-premise consumption for their restaurant, Class B wine and beer license. A response will be prepared by the Alcoholic Beverage Inspector advising that in accordance to State law, there is no provision for exemption as requested.

ALCOHOLIC BEVERAGE VIOLATION
MILLINGTON PIZZA

In response to a report received from the Alcoholic Beverage Inspector relating to an alleged violation of Article 2B Section 12-108 of the Annotated Code of Maryland, an administrative hearing was held at 10:00 a.m. as it relates to alleged sale of an alcoholic beverage to a person under 21 years old at Millington Pizza, on May 22, 2002. Ernest Cookerly, Esq., representing the County, was in attendance as well as witnesses summoned, Sgt. Virginia Prince, Maryland State Police (MSP), William Ryan Abey, nineteen years old, MSP Cadet, Kimberly Holby, employee, and Anna Pectielidis, licensee, Millington Pizza.

Commissioner Fithian read the letter directed to officers/licensees of Millington Pizza, as to alleged violation. Sgt. Prince, testified that while remaining in unmarked police vehicle, at approximately 2:10 p.m., she observed Cadet Abey purchase a twelve pack of Budweiser beer in plain view. Ms. Holby, employee who sold the alcoholic beverage, requested identification.

Cadet Abey testified that he presented his side profile drivers license as identification upon request from the store employee who sold the alcoholic beverage. Commissioner Beck inquired if a photograph was available of Cadet Abey as he appeared on the May 22. Sgt. Prince provided a photograph of Cadet Abey. Commissioner Fithian inquired if Ms. Holby was certified to sell/serve alcohol. Ms. Holby advised she was scheduled to attend the alcohol awareness at the end of the month. Ms. Holby also stated that she did not observe the side profile on the identification and made a mistake. Commissioner Beck inquired as to the length of time she has been employed at Millington Pizza. Ms. Holby advised that she has worked there two years. Mrs. Pectielidis stated that she daily reminds employees to check identification.

Mr. Cookerly advised the licensee that she would be notified of a decision within two weeks.

This hearing was taped for reference and was adjourned at 10:12 a.m.

ALCOHOLIC BEVERAGE VIOLATION
GALENA MINI MART

In response to a report received from the Alcoholic Beverage Inspector relating to an alleged violation of Article 2B Section 12-108 of the Annotated Code of Maryland, an administrative hearing was held at 10:12 a.m. as it relates to alleged sale of an alcoholic beverage to a person under 21 years old at Galena Mini Mart, on May 22, 2002. Ernest Cookerly, Esq., representing the County, and Basil Wadkovsky, Esq., representing Rumit Dusia, licensee, Galena Mini Mart, were in attendance as well as witnesses summoned, Sgt. Virginia Prince, Maryland State Police (MSP), William Ryan Abey, nineteen years old, MSP Cadet, and Mr. Dusia.

Sgt. Prince, testified that while remaining in unmarked police vehicle, at approximately 1:30 p.m., Cadet Abey returned to the vehicle with an eighteen pack of Coors Light Beer. Sgt. Prince reported that the clerk, Bhard Shagwani, did not speak English and later advised Brenda Dusia, owner, that non-English speaking employees should not be selling alcohol.

Cadet Abey testified that he was not asked to present identification when purchasing the alcoholic beverage. Upon questioning by Mr. Wadkovsky, Mr. Dusia advised Mr. Shagwani was not authorized to operate the cash register as he was visiting from India. His wife was busy stocking the freezer and Mr. Swagwani thought he was helping. Cadet Abey responded that Mr. Shagwani had just finished making a sale prior to his purchase and continued making sales after he left.

Mr. Cookerly advised the licensee that he would be notified of a decision within two weeks.

This hearing was taped for reference and was adjourned at 10:20 a.m.

ALCOHOLIC BEVERAGE VIOLATION
COUNTRY LIQUORS

In response to a report received from the Alcoholic Beverage Inspector relating to an alleged violation of Article 2B Section 12-108 of the Annotated Code of Maryland, an administrative hearing was held at 10:20 a.m. as it relates to alleged sale of an alcoholic beverage to a person under 21 years old at Country Liquors, on May 22, 2002. Ernest Cookerly, Esq., representing the County, and Rajendra Desai, licensee, Country Liquors, were in attendance as well as witnesses summoned, Sgt. Virginia Prince, Maryland State Police (MSP), William Ryan Abey, nineteen year old, MSP Cadet, and Mr. Desai.

Sgt. Prince, testified that while remaining in unmarked police vehicle, at approximately 2:25 p.m., Cadet Abey returned to the vehicle with six bottles of Budweiser Beer.

Cadet Abey testified that he was not asked to present identification upon when purchasing the alcoholic beverage. He stated that two employees, observed the transaction and neither requested identification.

Mr. Desai advised that Pat Patel, who sold the alcohol was not an employee, but the wife of an employee. He stated that the wife sold the alcoholic beverage while her husband, Gary Patel,the employee, ate his lunch and that was a mistake. Sgt. Prince noted that Mr. Patel was sitting next to the cash register and observed the sale without any question raised.

Commissioner Beck inquired if it was the establishment's policy to request identification. Mr. Desai stated that he has informed employees to request identification. Commissioner Fithian inquired if he was aware that the side profile picture on the drivers license indicated underage. Mr. Desai advised that he understood.

Mr. Cookerly advised the licensee that he would be notified of a decision within two weeks.

This hearing was taped for reference and was adjourned at 10:25 a.m.

ALCOHOLIC BEVERAGE VIOLATION
C'TOWN LIQUORS

In response to a report received from the Alcoholic Beverage Inspector relating to an alleged violation of Article 2B Section 12-108 of the Annotated Code of Maryland, an administrative hearing was held at 10:25 a.m. as it relates to alleged sale of an alcoholic beverage to a person under 21 years old at C'Town Liquors, on May 23, 2002. Ernest Cookerly, Esq., representing the County, and Basil Wadkovsky, Esq., representing John Krastel, licensee, C'Town Liquors, were in attendance as well as witnesses summoned, Sgt. Virginia Prince, Maryland State Police (MSP), William Ryan Abey, nineteen years old, MSP Cadet, Mr. Krastel and Robert McPeek, Jr., employee.

Sgt. Prince, testified that while remaining in unmarked police vehicle, at approximately 7:55 p.m., Cadet Abey returned to the vehicle with six bottles of Budweiser Light Beer.

Cadet Abey testified that he was not asked to present identification when purchasing the

alcoholic beverage, however, was acquainted the store employee, Mr. McPeek.

Mr. Wadkovsky questioned Sgt. Prince if it was a policy of the MSP to encourage underage cadets to purchase alcohol. Sgt Prince advised that the purchase was made; however the intent was not to consume. Mr. Wadkovsky inquired if the Cadet had immunity from the State's Attorney. Sgt. Prince advised he did not.

Commissioner Fithian inquired if Sgt. Prince and Cadet Abey went to C'Town Liquors on two different occasions during that week as part of a special purchase operation. Sgt. Prince confirmed that they did as a result of her witnessing sales to young looking patrons. Commissioner Newnam inquired if that was the only establishment visited twice. Sgt Prince stated it was.

Mr. Wadkovsky questioned Cadet Abey how long he knew Mr. McPeek. Cadet Abey estimated eight years.

Mr. Cookerly also inquired as to how long Mr. McPeek knew Cadet Abey. He replied approximately six to eight years. Mr. McPeek stated that he believed Cadet Abbey was twenty one years of age. Commissioner Beck inquired as to how he knew he was twenty one. Mr. McPeek advised he knew him from his employment at the Mobil gas station. Upon further questioning, Mr. McPeek advised during Mr. Abey's employment at the gas station, he was school age and driven there by his mother.

Mr. Krastel advised that he is diligent in having employees request identification since the establishment is so near Washington College.

Commissioner Fithian inquired as to Mr. Stetson's opinion relating to C'Town Liquors work relationship/attitude toward alcohol beverage regulations. Mr. Stetson advised that he considered C'Town Liquors to be average toward the implementation of alcoholic beverage regulations.

Mr. Krastel inquired as to the MSP policy of notifying owners of a violation. Sgt. Prince advised him that owners are notified via mail by Mr. Stetson if they are not on the premises during their operation.

Mr. Cookerly advised the licensee that he would be notified of a decision within fifteen days.

This hearing was taped for reference and was adjourned at 10:45 a.m.

The Commissioners received correspondence from John and Sandy Krastel, licensees,

C'Town Liquors, advising of their opinion that the circumstances surrounding the recent MSP special purchase operation were not orchestrated in the best manner. Mr. and Mrs. Krastel also advised that they do not condone selling alcoholic beverages to minors and due to the close proximity to Washington College, requests employees to seek identification of all young adults.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, June 25, 2002.

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