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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.
CJ'S
Application was received from Connie M. and Jack D. Dadds, Jr. for a Class
D Beer, Wine and Liquor License for place of business formerly known as
Hawk Eye's located in Golts, Maryland. A public hearing has been scheduled
for December 9.
LEWES DAIRY MARKET
Application was received from Mahmood Baig Mirza, President, etal representing
Gulshan, Inc for an upgrade to a Class A Beer Wine and Liquor License
for Lewes Dairy Market. The licensee presently holds a Class A Beer and
Wine License. A public hearing has been scheduled for December 9.
SPECIAL LICENSE
The Commissioners approved the following Special Licenses:
A Class C Beer and Wine License for Mainstay, Inc. for a music show to
take place at the Mainstay building, 5753 Main Street, Rock Hall on the
following dates: November 22nd, and December 5, 7, and 21, 2003.
A Class C Beer, Wine, and Liquor License for the Betterton Volunteer Fire
Company on behalf of the Ducks Unlimited Banquet, to take place on November
22, 2003 at the Betterton Fire Hall.
GREAT OAK RESTAURANT
As per the decision of the Commissioners at their October 28, 2003 meeting
to grant Great Oak Restaurant 30 days to present a written plan, indicating
how they will rectify their failure to meet the 60%-40% ratio requirement
of their Class B License, Mr. Stetson sent a letter to Jan Alleger, Licensee,
requesting this presentation. Mr. Alleger, Bob Wilson, Manager, and Daniel
Saunders, Esq. representing the restaurant, appeared.
Mr. Stetson reported that all of the criteria for license renewal eligibility
was met by the restaurant except for the 60%-40% ratio. He pointed out
once again that Great Oak Landing Restaurant did not comply with the requirement
in 2002, and noted that part of the problem with their non-compliance
is the inclusion of the Jelly Fish Joel's bar which is part of the Great
Oak business and is included in the same license. Only 15% of the bar's
business is food.
Mr. Wilson prepared and read a statement to the Commissioners, explaining
the circumstances which created the current ratio. He began his statement
outlining the history of Great Oak Restaurant, and then proceeded to describe
the food/liquor sales history and activity during 2002 and 2003. In 2002,
the tenant of the restaurant/lodge was described as having created an
adverse relationship with the boater customer base and failed to provide
Profit and Loss (P & L) statements. Also during 2002, the restaurateurs
operated Jelly Fish Joel's bar themselves, leasing out the food concession
on the beach to an independent company which did not provide any P & L
statements. The restaurateurs claimed that they provided the County Liquor
Board with financial figures as accurately as possible given the lack
of P & L statements. Their license was renewed for another six-month period,
during which time the restaurant was closed, the tenant of the restaurant/lodge
was eventually evicted, with Great Oak Landing taking possession of the
restaurant in February 2003 and remaining closed until the spring of 2003.
In 2003, given that the restaurant/bar and beach bar (Jelly Fish Joel's)
were late in opening (Memorial Day weekend) and due to the summer's adverse
weather, including that of Hurricane Isabel, food sales suffered significantly.
In addition, food sales were not accounted for, once again, by the food
concession company at the beach.
The business plan for the future recognizes that the restaurant/lodge
business must be operated on a full-time basis in order to be re-established.
Facing the challenge of a peak business of only 17 weekends a year, Great
Oak Landing is continuing to invest in the improvement of its property
and the appeal of the restaurant/lodge on a year-round basis. The Restaurant
will require of all groups that wish to have an outside caterer on its
property to book their function through its conference director, thereby
accurately recording the food sales on the property. The Restaurant believes
that all of the above efforts will significantly increase the amount of
food sales on the property and obtain the required food/liquor ratio.
Mr. Saunders stated that his clients will rectify the current food/liquor
ratio and return with to the Commissioners with their report. He also
appealed to the Commissioners to consider changing the food/liquor ratio
legislature, citing it as particularly problematic for many resort owners,
in addition to Great Oak Landing.
Commissioner Livie indicated that he would welcome further review of the
current legislature and a polling of other resort-owners. He explained
that he sympathized with the Restaurant's weather challenges in 2003.
He further advised that the Restaurant track the results of the projected
improvements , suggesting that, perhaps, it may be helpful to close the
beach bar. He praised Great Oak Landing as an important business for the
County, expressing the Commissioners' willingness to partner towards its
success.
Commissioner Crow expressed his expectation that there will be no obstruction
to the next renewal of the Restaurant's license.
A motion was made by Commissioner Crow, seconded by Commissioner Livie
and made unanimous by Commissioner Pickrum to approve the renewal application
of Great Oak Landing.
SUPER SODA
A public hearing was held at 9:15 a.m. on the application received from
Nilesh V. Desai and Jonathan D. Neukam for a transfer of a Beer, Wine
and Liquor License, Class A, off-sale only. Messrs. Desai and Neukam were
in attendance.
Commissioner Pickrum read the notice of public hearing into the record.
There was no one in attendance who wished to speak for or against this
application.
Commissioner Livie emphasized to the applicants the importance of adhering
to all of the laws governing the privilege of having the license. Rebecca
Taylor, Regional Family Services Coordinator of the Circuit Court, concurred,
specifically noting the violation of serving or selling alcohol to minors.
Mr. Desai assured the Commissioners that he will take the laws seriously
and that he is well acquainted with them, having owned a liquor store
previously for ten years.
A motion was made by Commissioner Crow, seconded by Commissioner Livie
and made unanimous by Commissioner Pickrum to approve the transfer license
contingent upon receipt of the Bulk Transfer Permit.
This hearing was taped for reference and adjourned at 9:50 a.m.
PLAY IT AGAIN SAM
A public hearing was held at 9:55 a.m. on the application received from
Margaret Mayberry for a Beer and Wine Class B License, on sale. Ms. Mayberry
was in attendance.
Commissioner Pickrum read the notice of public hearing into the record.
Mr. Stetson indicated that although the license would be for wine and
beer, Ms. Mayberry would be selling only wine. He also reported that Play
It Again Sam has a withholding tax that is outstanding, to which Ms. Mayberry
responded that her check as payment for the withholding tax was mailed,
however, not yet cleared.
The Commissioners inquired as to Ms. Mayberry's plans for the wine bar
component of Play It Again Sam. Ms. Mayberry described her wine bar as
follows: it will be open Friday's and Saturday's from 5:00 p.m. to 9:00
p.m. with the possibility of wine being sold during lunch-time hours.
She will not schedule employees under 18 years of age to work during the
hours of wine sales. Ms. Mayberry further stated that, out of deference
to area churches, she will not sell wine on Sunday's in the event that
she chooses to remain open on Sunday's. Ms. Mayberry assured the Commissioners
that she is aware of and will strictly abide by the laws governing alcohol
sales and noted that the Town of Chestertown will prohibit her customers
from taking purchased, open wine outdoors. John Wright, an adjacent neighbor,
and Kathy Roberts, accountant, spoke in favor of this application.
A motion was made by Commissioner Crow, seconded by Commissioner Livie
and made unanimous by Commissioner Pickrum to approve the license as requested,
contingent upon clearance of Ms. Mayberry's withholding tax account.
This hearing was taped for reference and adjourned at 10:10 a.m.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, November 25, 2003.
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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