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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 Inspector, was also in attendance.
VIOLATION
SUPER SODA CENTER
An Administrative Hearing was held at 9:30 a.m. in the Commissioners'
Hearing Room. Nelish V. Desai, President, Chestertown Group, LLC, Licensee,
Sandip Shah, Manager of Super Soda, Maple Avenue, Chestertown, and Thomas
Yeager, County Attorney, were also in attendance.
Messrs. Stetson, Desai, and Shah were sworn in by Mr. Yeager for giving
testimony.
Mr. Yeager stated that the hearing was for two alleged violations which
took place at Super Soda Center, and read the alleged violations into
the record.
Mr. Stetson began his testimony by stating that on June 25, 2004 at 4:30
p.m., he entered Super Soda Center in order to conduct a routine alcoholic
and tobacco inspection and, based on observations and questioning two
female employees, one of whom was Kalpna Shah (Sandip Shah's wife), and
concluded that there was probable cause for the violation of the Alcoholic
Beverage Laws Article 2B, Section 13-101 (2) (i) of the Annotated Code
of Maryland (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 no certified employee properly
logged out).
Mr. Stetson reported that he, on the day of the alleged violation, requested
of Mrs. Shah the log-out book, about which she indicated that she had
no knowledge, and inquired as to the reason why there was no certified
employee on the premises.
Mr. Stetson explained to Mrs. Shah that she would have to suspend the
sale of alcoholic beverages at Super Soda Center until a certified employee
was present. He indicated his belief that Mrs. Shah contacted her husband
by phone. He arrived at the store shortly thereafter and was instructed
by Mr. Stetson about the necessity of the log-out book. He then explained
to Mr. Shah that he would report the alleged violation to the Commissioners
Mr. Stetson then reviewed the circumstances of what he believed to be
probable cause for the violation of the Alcoholic Beverage Laws Article
2B, Section 13-101 (2) (i) of the Annotated Code of Maryland (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 no certified employee properly logged out) at Super Soda
Center which took place on July 8.
According to Mr. Stetson, he arrived at Super Soda Center in order to
deliver notice of a hearing for an alleged violation that took place on
June 25 and a letter notifying the Licensee of an alleged violation of
the tobacco laws, and, again, observed the same two employees, neither
of whom were certified. This time, Mrs. Shah produced the log-out book
which indicated that no certified employee had logged-out. Reviewing the
log-out book, Mr. Stetson noticed that the certified employee had previously
logged-out for three to five hours at a time; the Alcoholic Beverage Laws
permit the absence of a logged-out certified employee in an emergency
situation for a maximum of two hours.
Mr. Stetson explained to Mrs. Shah that she would have to suspend any
alcohol sales until someone arrived who was properly trained and certified.
Mrs. Shah telephoned her husband who arrived shortly thereafter. Mr. Stetson
then explained the purpose of the two letters he had delivered: the hearing
for an Alcoholic Beverage Laws violation and the letter indicating the
violation of Tobacco Laws, i.e. sale to a person under eighteen years
of age.
Mr. Stetson also pointed out that Mr. Shah had failed to log-out for his
absence on that day, and that on the days he had logged-out, Mr. Shah
was absent in excess of the legally allotted amount of time. According
to Mr. Stetson, Mrs. Shah at first denied selling any tobacco to anyone
under the age of eighteen; however, when he explained that he had observed
the "undercover" young person enter the store and exit with a pack of
cigarettes, Mrs. Shah admitted that she may have made a mistake and in
fact conducted the sale.
Mr. Stetson reported that he explained to Mr. Shah and the other employees
that he would be reporting the alleged violation to the Commissioners.
Mr. Desai presented his testimony by indicating that all of the certified
individuals which he did employ had recently quit, and that he and Mr.
Shah were in the process of scheduling newly-hired employees to Alcoholic
Beverage Awareness classes in order that the new employees would become
certified. According to Mr. Desai, Mr. Shah has had to conduct business
errands requiring his absence from the premises given the shortage of
staff, albeit uncertified.
Mr. Stetson, responding to Commissioner Livie's question, indicated that
Super Soda Center was found to be in violation of Alcoholic Beverage Laws
previously, i.e. Article 2B, Section 12-108, of the Annotated Code of
Maryland, service to a person under the age of twenty-one, that took place
on February 20, 2004.
The alleged violations being heard, if proven, would represent the first
and second violations of Alcoholic Beverage Laws specific to the failure
to have a certified employee on the premises and a certified employee
properly logged-out.
Mr. Yeager, for clarification, reported that the hearing was for two alleged
separate, first offences, and that a $100.00 fine would be the maximum
penalty for each alleged violation.
There being no further testimony, the Commissioners recessed with Counsel
in order to deliberate at 9:45 a..m.
At 9:50 a.m., the hearing resumed, and Commissioner Pickrum proceeded
to provide the disposition of the Board of License Commissioners as follows:
that they found Super Soda Center responsible for two violations of Alcoholic
Beverage Laws Article 2B, Section 13-101 (2) (i) of the Annotated Code
of Maryland (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 no certified employee properly
logged out), and that Super Soda Center would receive the maximum penalty
of a $100.00 fine for a first offence.
Mr. Yeager noted that because both offences were heard at the same time,
the penalty imposed would be based solely on the first offence.
Commissioner Livie stated that the members of the Board were concerned
that for a relatively new business (i.e. of approximately 5 to 6 months),
Super Soda Center was not conducting its business well with respect to
the laws that govern it. He cautioned Messrs. Desai and Shah that if Super
Soda Center commits another violation of Alcoholic Beverage and/or Tobacco
Laws, the Board would have no other recourse than to impose a much more
severe penalty.
This hearing was taped for reference and adjourned at 9:53 a.m.
SPECIAL LICENSE
The Commissioners approved the following one-day-only, Class C Licenses:
- Beer and Wine License for the Republican Women's Club of Kent and Queen
Anne's Counties for their fund-raising activity to take place on September
18, 2004 at Wilmer Park, Chestertown;
- Beer License for the Party on the Bay Committee for their fund-raising
activity to take place at the Bayside Landing and Park in Rock Hall on
August 21, 2004;
- Beer, Wine, and Liquor License for the Chestertown Fire Company Auxiliary
for its class reunion to take place on July 31, 2004 at the Chestertown
Fire House;
- Beer License for St. John's Roman Catholic Church for its fund-raising
activity to take place at the church, Main Street, Rock Hall, on August
15, 2004.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, August 3, 2004.
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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