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KENT COUNTY, MARYLAND


Board of License Commissioners

July 6, 2004

The Honorable Board of License Commissioners met today with the following present: Roy W. Crow, Scott D. Livie, and William W. Pickrum, presiding.

Mauritz Stetson, Alcoholic Beverage Inspector, was also in attendance.


VIOLATION
BRAHMA BULLS

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 to attend.

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.


CREW'S INN

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 store.

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.


VIOLATION
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 Municipal Building.


THE BOARD OF LICENSE COMMISSIONERS
OF KENT COUNTY, MARYLAND

Janice F. Fletcher
Executive Assistant

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.

 

 




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