The Honorable Board of License Commissioners met today with
the following present: Roy W. Crow, Scott D. Livie, and William W. Pickrum,
Mauritz Stetson, Alcoholic Beverage Inspector, was also in attendance.
An Administrative Hearing took place at 9:15 a.m. in the Commissioners'
Hearing Room. Thomas Yeager, County Attorney was also in attendance. Carl
Aylor, Licensee, failed to appear. Mr. Stetson emphasized that the notice
to appear that was sent to Mr. Aylor clearly indicated that if the licensee
is not able to attend the hearing, the licensee should designate a representative
Commissioner Pickrum read correspondence from Mr. Stetson notifying Mr.
Aylor of the alleged violation of the Alcoholic Beverage Laws (failure
to have an individual certified in Alcoholic Beverage Awareness Training
on the premises during the hours in which alcoholic beverages may be served
or consumed ), Article 2B, Section 13-101(2)(i), of the Annotated Code
of Maryland at Brahma Bulls, Rock Hall, on June 4, 2004.
Mr. Stetson indicated that it is alleged that on Friday, June 4, 2004,
at 4:05 p.m., he entered Brahma Bulls in order to conduct a routine alcohol
and tobacco inspection and, based on his observations concluded that there
was probable cause for the violation of the Alcoholic Beverage Laws, i.e.
failure to have an individual certified in Alcoholic Beverage Awareness
Training on the premises during the hours in which alcoholic beverages
may be served or consumed, or a certified employee properly logged out.
Mr. Yeager read the penalty statues which indicate that for a first-time
violation of the kind allegedly observed, the maximum fine is $100.00.
There being no further testimony, the Commissioners recessed with Counsel
in order to deliberate.
Following the recess, Commissioner Pickrum initiated the disposition by
stating that it was the decision of the Board that Brahma Bulls was in
violation of the Alcoholic Beverage laws and would be fined $100.00.
Mr. Stetson will notify Mr. Aylor of the Public Hearing.
This hearing was taped for reference and adjourned at 9:45 a.m.
A Public Hearing took place at 9:30 a.m. in the Commissioners' Hearing
Room at the County Government Center, 400 High Street, Chestertown, on
the application for a Special Sunday Sales, Class B, (on and off-premises
sale) Beer, Wine, and Liquor License submitted by Daryl Ann Fallon, Secretary,
James Franklin Adams, Vice-President, and Christopher Scarlato, Secretary,
representing Betterton Beach LLC, to keep for sale and to sell beer, wine,
and liquor at retail for consumption on the premises or elsewhere on the
premises known as Crew's Inn, 12 Ericsson Avenue, Betterton, MD (formerly
Dublin Dock). Bob Fallon was also in attendance.
Members of the media and approximately six interested citizens, all residents
of Betterton, were also in attendance, including the following: Joanne
Jewitt-Hollitt, Margaret Diamond, Anita Williams, and Pamela Mitchell.
Mr. Stetson reported that the previous establishment, Dublin Dock, had
the same type of license, and that all of the applicants are certified
in Alcohol Awareness Training and all experienced in the restaurant business,
primarily in Havre de Grace, MD. Mr. Stetson also reported that the presence
of Crew's Inn would not be changing the character of its community; there
has been a restaurant on the site for 10 years.
Mr. Scarlato reported that the partners of Crew's Inn are considering
the extension of the hours to a full-service restaurant and take-out/catering
service, open year-round, six days a week, from 11:00 a.m. to 2:00 a.m.
Commissioner Pickrum asked if anyone wanted to speak for or against the
application. Ms. Jewitt-Hollitt, Ms. Diamond, and Ms. Mitchell addressed
their objections to the late night and early-morning off-premises sale
of alcoholic beverages citing what, in their opinion, would be the associated
litter of the beach and streets of Betterton with empty alcoholic beverage
bottles and other restaurant and bar-related litter, and the potential
for rowdiness of customers in the parking lot of Crew's Inn (as they said
they experienced with the previous restaurant on site), particularly in
light of the fact that there is no police department in Betterton.
These Betterton residents also expressed their belief that
the current excessive speeding of cars in Betterton would be exacerbated
by the on- and off-premises sales of alcoholic beverages during the late
night and early morning hours.
Ms. Mitchell and Ms. Jewitt-Hollitt expressed their enthusiasm for the
opening of the new restaurant in Betterton.
Mr. Scarlato responded to these concerns as follows: he conveyed that
it was the interest of the partners to open a restaurant and bar specifically
in a small town; that it was their intention for Crew's Inn to be a good
neighbor and not create an "eyesore"; that the focus of their off-premises
sales would be the boating and beach recreational communities, noting
that there is no off-premises sales of alcoholic beverages on the Chesapeake
Bay, except for a business in Port Deposit; that it is their hope that
the Betterton community would feel proud of Crew's Inn; and that it is
the applicants' interest to be primarily a restaurant and not a package
Mr. Scarlato added that he could not say that there would be no problems
resulting from the business of Crew's Inn; however, it is his intention
to resolve those problems if and when they occur.
Commissioner Crow emphasized the importance of clear communication between
the owners of Crew's Inn and the residents of Betterton if and when problems
arise, and that the resolution of problems between the two should first
begin on the local level.
Commissioner Livie expressed his concern that there was no strategy conveyed
by the applicants concerning how they would address the concerns raised
by the residents. He suggested that the applicants consider limiting the
hours for off-premise sales of alcoholic beverages.
The applicants agreed to conclude the off-premises sale of alcoholic beverages
each day at 9:00 p.m., seven days a week.
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to approve the application
for a Class B (on and off-premises sale) Beer, Wine, and Liquor License,
Special Sunday Sales, as submitted by the licensees representing Betterton
Beach LLC, to keep for sale and to sell beer, wine, and liquor at retail
for consumption on the premises or elsewhere on the premises known as
Crew's Inn, with the caveat that off-premises sales of alcoholic beverages
conclude each day at 9:00 p.m., seven days a week.
This hearing was taped for reference and adjourned at 10:00 a.m.
SUPER SODA CENTER
Mr. Stetson notified the Commissioners of an alleged violation of the
Alcoholic Beverage Laws (failure to have an individual certified in Alcoholic
Beverage Awareness Training on the premises during the hours in which
alcoholic beverages may be served or consumed ), Article 2B, Section 13-101(2)(i),
of the Annotated Code of Maryland at Super Soda Center, of the Chestertown
Group, LLC, Chestertown, on June 25, 2004.
He indicated that a detailed report will be forth-coming to the Board
once a hearing has taken place.
An administrative hearing will be scheduled.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, July 13, 2004, at 6:00 p.m. at the Rock Hall
THE BOARD OF LICENSE COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Approved: William W. Pickrum, President
Please contact Ileana Lindstrom or Janice Fletcher at (410)
778-7435 or by e-mail with
any questions or comments.