[00:05:23]
>> SORRY EVERYBODY FOR THE DELAY.
[00:05:26]
COMPUTERS ARE WONDERFUL WHEN THEY WORK.WE'LL CALL THIS MEETING TO ORDER FOR THE CARLIN COUNTY BOARD OF LICENSE COMMISSIONERS FOR WEDNESDAY OCTOBER 16, 2024, 9:36 AM.
YOU GOT IT ON EVERYTHING ON? [OVERLAPPING] I GOT TO CALL THE FIRST.
THE FIRST ORDER OF BUSINESS IS THE SHOW CALLS HEARINGS THAT WE HAVE.
[Show Cause Hearing]
THE FIRST ONE IS GOING TO BE FELSBURG, SUPER SODA.ANYBODY WISHING TO SPEAK ON BEHALF OF THAT. PLEASE COME FORWARD.
WE'LL DO TO FELSBURG SUPERSET WHEN WE'RE FINISHED WITH THAT, WE'LL DO THE WHISTLE.
>> CHAIRMAN? THEY ARE TWO INDIVIDUAL BUSINESSES.
THE CHARGES ARE CONNECTED BECAUSE IT'S INVOLVING THE TWO BUSINESSES.
STEWART MAYBE ADVISE AS TO WHETHER YOU CAN COMBINE THEM TOGETHER BECAUSE IT'S GOING TO BE THE SAME TESTIMONY, I PRESUME FOR BOTH.
>> THAT WOULD BE A DISCRETIONARY THING IF NO ONE HAS ANY OBJECTION, YOU COULD I OBJECTION.
>> MR. THORNTON, DID YOU HEAR THAT? [BACKGROUND]
>> SINCE THE CHARGES ARE CONNECTED TO THE TWO ESTABLISHMENTS, AND TECHNICALLY, THERE'S TWO ESTABLISHMENTS FOR VIOLATIONS, THE TESTIMONY IS MOST LIKELY GOING TO BE THE SAME AND RELEVANT TO BOTH.
IS THERE ANY OBJECTION TO COMBINING TOGETHER WITH THE UNDERSTANDING THAT THERE ARE TWO INDIVIDUAL ESTABLISHMENTS BEING CHARGED?
>> I AGREE THAT TESTIMONY IS PROBABLY GOING TO BE THE SAME.
I DON'T AGREE ON THE RELEVANCE ISSUE, BUT I DO AGREE. [LAUGHTER] IS GOING TO BE THE SAME.
>> ANYBODY WISHING TO SPEAK ON BEHALF OF BOTH OF THEM IF THEY'LL STILL STAND WE'LL DO THE OATH FOR BOTH [BACKGROUND] OF YOUR RIGHT HAND. PLEASE RAISE YOUR RIGHT HAND.
DO YOU HEREBY SOLEMNLY DECLARE AN AFFIRM OF THE PENALTIES OF PERJURY, THE STATEMENT YOU MAKE AND THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.
PLEASE STATE YOUR NAME AND ADDRESS.
>> [INAUDIBLE] THANK YOU. YOU MAY BE SEATED IF YOU'D LIKE.
>> I JUST POINT EACH OF THESE ON BRETT'S LICENSE IS [INAUDIBLE] WIFE.
ON [INAUDIBLE] LICENSE IS BRETT'S WIFE.
[BACKGROUND] BUT YOU'RE ON THE LICENSE WITH.
[INAUDIBLE] ANYWAY, MR. HASHA'S WIFE IS IN MEDICAL PROFESSION THAT HAS BEEN CALLED AWAY TO CALIFORNIA.
SHE'S NOT GOING TO BE ABLE TO BE HERE TODAY.
MR. BURRET'S WIFE IS IN THE KIDNEY DIALYSIS AND VERY ILL AND CAN'T COME BECAUSE OF THE ILLNESS.
THEY BOTH WAIVE THEIR RIGHT TO BE HERE.
THEY BOTH KNOW WHAT THIS IS ALL ABOUT.
THEY WILL ACCEPT WHATEVER CONSEQUENCES, IF ANY, THAT COME FROM.
>> SHOULD SHE READ IN [OVERLAPPING]
>> SUMMONS AND THEN ALL THE EXHIBITS.
>> [OVERLAPPING] DO EACH ONE. YOU CAN DO FEDERALS BERG SUPERA AND THEN DO WET YOUR WHISTLE, READ THE EXHIBITS FOR EACH.
SINCE WE'RE GOING TO COMBINE YOUR TESTIMONY TOGETHER.
>> I'LL READ THE SUMMONS FOR FEDERALS BURG SUPERSTA.
THIS WAS SENT TO [INAUDIBLE] AND [INAUDIBLE].
PATEL. YOU'RE HERE BY SUMMONS TO APPEAR BEFORE THE BOARD OF LICENSE COMMISSIONERS OF CAROLINE COUNTY, MARYLAND AND 930 ON THE 16TH DAY OF OCTOBER TO SHOW CALLS WHY YOUR ALCOHOLIC BEVERAGE LICENSE IS ISSUED BY THIS BOARD
[00:10:03]
TO YOU UNDER THE PROVISIONS OF THE ALCOHOLIC BEVERAGES ARTICLE ANNOTATED CODE OF MARYLAND AS AMENDED SHOULD NOT BE REVOKED, SUSPENDED AND OR A FINE ISSUED FOR THE FOLLOWING ALLEGED VIOLATIONS OF THE ALCOHOLIC BEVERAGE LAWS AS THE RESULT OF AN INCIDENT COMPLIANCE CHECK INSPECTION BY THE COUNTY ALCOHOLIC BEVERAGE INSPECTOR ON JULY 9, 2024.CHARGE ONE, ALLEGED VIOLATION OF CAROLINE COUNTY BOARD OF LICENSE COMMISSIONERS RULE AND REG NUMBER 2.04, SPECIFICALLY BORROWING OR LOANING ALCOHOLIC BEVERAGES TO ANOTHER LICENSEE.
CHARGE 2, ALLEGED VIOLATION OF CAROLINE COUNTY BOARD OF LICENSE COMMISSIONERS RULE AND REGULATION NUMBER 2.34, SPECIFICALLY, PURCHASING OR SELLING ALCOHOLIC BEVERAGES FROM OTHER THAN A LICENSED MANUFACTURER WHOLESALER OR PRIVATE FOR SALE PERMIT OR NON RESIDENT WINERY PERMIT HOLDER.
CHARGE 3, ALLEGED VIOLATION OF CAROLINE COUNTY BOARD OF LICENSE COMMISSIONER RULE AND REGULATION, NUMBER 2.36, SPECIFICALLY, FAILURE TO MAINTAIN ACCURATE RECORDS OF ALCOHOLIC BEVERAGE TRANSACTIONS ON THE PREMISE FOR AT LEAST TWO YEARS.
THE SUMMONS IS BOARD OF LICENSE COMMISSIONER, PURSUANT TO ALCOHOLIC BEVERAGE ARTICLE 64 OF THE ANNOTATED CODE OF MARYLAND.
I HAVE EXHIBITS THE SUMMONS THE CURRENT ONE THAT WAS SENT ON SEPTEMBER 20TH, AND THERE WAS ONE THAT WAS SENT IT WAS RESCHEDULED.
THEN THE INCIDENT REPORT, THE REQUEST FOR CONTINUANCE AND PAST VIOLATION INFORMATION.
>> YOU WANT TO IDENTIFY EACH ONE OF THE EXHIBITS? FREEDOM FROM THE EXHIBIT LIST FOR EACH OF THE ESTABLISHMENTS.
>> SHE'LL GO INTO THE NEXT SUMMONS.
EXHIBIT 1 AND PROOF OF BEING SENT.
EXHIBIT 2 IS THE FIRST SUMMONS THAT WAS SENT EXHIBIT 3 IS THE REPORT.
THE REQUEST FOR CONTINUANCE AND HERE'S THE VIOLATION PAST VIOLATION REPORT.
THE SUMMONS FOR WHAT RICHARD WHISTLE [BACKGROUND].
>> SUMMONS FOR RICHARD WHISTLE.
THIS WAS SENT FOR NISHA AND BRETT PATEL.
YOU WERE SUMMONED HEREBY SUMMONS TO APPEAR BEFORE THE BOARD OF LICENSE COMMISSIONERS OF CAROLINE COUNTY MARYLAND AT 9:00 AM, ON THE 16TH DAY OF OCTOBER TO A CALLS WIRE ALCOHOLIC BEVERAGE LICENSE ISSUED BY THE BOARD.
TO YOU UNDER THE PROVISIONS OF THE ALCOHOLIC BEVERAGE ARTICLE OF THE [INAUDIBLE] LAND AS AMENDED SHOULD NOT BE REVOKED SUSPENDED AND OR A FINE ISSUED FOR THE FOLLOWING ALLEGED VIOLATIONS OF THE ALCOHOLIC BEVERAGE LAWS AS A RESULT OF AN INCIDENT COMPLIANCE CHECK INSPECTION BY THE COUNTY ALCOHOLIC BEVERAGE INSPECTOR ON JULY 9, 2024.
CHARGE 1, CAROLINE COUNTY BOARD OF LICENSE COMMISSALS RULE ON REGS, NUMBER 2.04, BORROWING ALCOHOL FROM ANOTHER LICENSEE.
CHARGE 2, CAROLINE COUNTY BOARD OF LICENSE COMMISSIONERS RULE AND REGULATION NUMBER 2.34, PURCHASE SALE FROM ANOTHER RETAIL DEALER PROHIBITED.
CHARGE 3, CAROLINE COUNTY BOARD OF LICENSE COMMISSIONER RULE ON REG 2.36, SPECIFICALLY, FAILURE TO MAINTAIN ACCURATE RECORDS OF ALCOHOLIC BEVERAGE TRANSACTIONS ON THE PREMISE FOR AT LEAST TWO YEARS.
THIS SUMMONS IS ISSUED BY THE BOARD OF LICENSE COMMISSIONER PURSUANT TO ALCOHOLIC BEVERAGE ARTICLE 6-204 OF THE ANNOTATED CODE OF MARYLAND AS AMENDED.
[00:15:13]
EXHIBIT 2 IS THE ANOTHER SUMMONS.EXHIBIT 3 IS THE INSPECTORS REPORT.
THE REQUEST FOR A CONTINUANCE, AND THEN THE FILE INFORMATION OF PAST VIOLATIONS.
>> MR. THORNTON, ARE YOU READY?
>> NUMBER ONE FROM THE REPORTS, THERE WAS ONE NUMBER THAT WAS INCORRECT, AND I FORGOTTEN WHICH ONE IT WAS NOW.
BUT IN THE ITEMS DELIVERED FROM WETCHER WHISTLE THE FEDERAL BERK SUPER SODA, THERE WAS I THINK IT SAYS NINE CASES, AND THAT SHOULD BE FOUR CASES. IS THAT THE ONE?
>> YEAH? IS THAT CORRECT? IF THAT'S CORRECT THEN IT'S FOUR CASES.
>> BETH, SWAY DOWN A BIT S SET IT RIGHT THERE?
>> THERE WERE WHAT? NINE CASES.
JUST LOOKING AT THE INFORMATION MILLER LIGHT, NOT THAT IT MAKES A HUGE DIFFERENCE EXCEPT IT IS ON THE HANDWRITTEN SHEET, IT IS A FOUR WHICH SOMEHOW GOT PICKED UP TO BE NINE.
AND I'D LIKE TO ASK THE INSPECTOR SOME QUESTIONS, IF I MAY SIT DOWN AND DO THAT.
IS IT TIME TO DO THAT? SIR. MR CHAIR..
>> SURE. YOU MAY PROCEED WITH YOUR CASE.
AS I UNDERSTAND IT, SOMEBODY ON COUNTY PLANNING AND CODE'S OFFICE RECEIVED AN ANONYMOUS TIP, IS THAT CORRECT?
>> OKAY. HOW DID THAT TIP COME IN? WAS IT SOMEBODY ANSWERED THE PHONE OR WAS IT REPORTED?
>> YES. SOMEBODY ANSWERED THE PHONE AND WAS REPORTED TO A MEMBER OF OUR STAFF.
>> OKAY. AND THEN IT WAS SUBSEQUENTLY REPORTED TO YOU?
>> AND WHAT WAS THE ANONYMOUS TIP AND WHO WAS IT?
>> WELL, THE POINT OF THE ANONYMOUS TIP WOULD BE ANONYMOUS AND THE PERSON WHO WISHED TO REMAIN ANONYMOUS.
HE WAS A PERSON THAT WAS IN THE AREA THAT WITNESSED SEVERAL INSTANCES OF ALCOHOL BEING TAKEN FROM WETCHER WHISTLE INTO SUPER SODA.
>> BUT YOU KNOW WHO THAT IS, CORRECT?
>> THAT'S HIS WISH AND HIS RIGHT.
>> WELL, I BEG TO DISAGREE, BUT WE'LL GET THAT LATER.
[00:20:04]
SO YOU RECEIVED THIS ANONYMOUS TIP, AND THEN YOU WENT ON, I GUESS, SURVEILLANCE OF THE ESTABLISHMENT.DID YOU DO THAT FOR BOTH ESTABLISHMENTS OR JUST ONE?
>> BOTH. OKAY. AND WHEN YOU SURVEILLED WHEN YOU WERE WATCHING THAT, HOW DID YOU DO IT? DID YOU DO IT LIKE HOUR AT TIME OR 15 MINUTES AT A TIME OR RANDOMLY?
>> OKAY. DIDN'T SEE ANY ACTIVITY THAT WAS SUSPICIOUS OR ANYTHING, CORRECT?
>> OKAY. AND THEN YOU DECIDED TO GO INTO ONE OF THE ESTABLISHMENTS AND DO AN INVESTIGATION, A STANDARD INSPECTION THAT YOU HAD?
>> WHICH ESTABLISHMENT DID YOU GO INTO.
>> AND WHO DID YOU SEE AT WETCHER WHISTLE, THIS GENTLEMAN HERE?
>> YES, SIR. AND THE FIRST THING YOU DID WAS COMPLETE THE INSPECTION, IS THAT CORRECT?
>> AND YOU DIDN'T FIND ANYTHING IN YOUR INSPECTION THAT WAS OUT OF THE WAY?
>> ONE OF THE THINGS I DO DURING AN INSPECTION IS TO REVIEW THE RECORDS, THAT WOULD BE INVOICES, THAT WOULD BE SALES RECEIPTS, THAT WOULD BE EMPLOYEE RECORDS.
AND I SUBSTANTIATED THE CASE AND THE RECORD.
>> SUBSTANTIATED WHAT CASE IN THE RECORD?
>> SUBSTANTIATED THE WITNESS'S STATEMENTS THAT THERE WAS NOT ALCOHOL THAT HAD BEEN THERE PREVIOUSLY.
>> THERE IS NO WITNESS. WHICH WITNESS ARE YOU TALKING ABOUT?
>> SO BASED ON ANONYMOUS TIP AND HAVING WATCHED THE ESTABLISHMENT FOR RANDOM PERIODS OF TIME, SAW NOTHING WRONG, YOU GO IN TO COMPLETE THE INSPECTION, AND EVERYTHING WAS RIGHT, EXCEPT FOR WHAT CAME OUT OF THIS ANONYMOUS TIP?
>> OKAY. AND SO YOU THINK YOU HAD REASONABLE SUSPICION TO GO IN THERE AND DO THIS INVESTIGATION OR INSPECTION?
>> THIS WAS A FOLLOW UP INCIDENT INSPECTION WHICH COMES AFTER ANY KIND OF INCIDENT, WHICH WOULD BE A COMPLAINT.
IT WOULD BE SOMETHING ELSE THAT HAPPENED, IT ALSO JUST HAPPENED TO BE THEIR TIME FOR A NORMAL INSPECTION AS WELL.
SO I USED THAT OPPORTUNITY TO GET TWO THINGS DONE AT ONCE.
>> AND WHEN YOU WENT IN THERE, WHO DID YOU TALK TO?
>> AND WHEN YOU TALKED TO HIM, WHAT DID YOU ASK?
>> I REVIEWED THE RECORDS AND I ASKED HIM IF HE HAD BEEN DOING ANYTHING WITH SUPER SODA AS FAR AS DELIVERING ALCOHOL TO ANOTHER BUSINESS.
AND AT THAT POINT, HE FULLY GAVE ME WHAT HIS WRITTEN STATEMENT, EXACTLY WHAT I WROTE.
HE SAID THAT HE HAD BEEN DELIVERING ALCOHOL.
HE HAD RECORDS OF IT AT ONE POINT, NOT INVOICES, BUT HE HAD RECORDS OF IT, BUT IT WAS NOT ON THE PROPERTY.
AND HE WAS COMPLETELY HONEST ABOUT THE ENTIRE SITUATION, WHICH WAS FOLLOWED UP BY THE COMPLAINT AND THEN THE RECORDS AS WELL.
>> DID YOU TRY TO PERSUADE HIM TO TELL YOU THE TRUTH? DID YOU TELL HIM ABOUT THE ANONYMOUS TIP?
>> THE ONLY THINGS THAT I SAID TO HIM AS FAR AS THAT WAS HITESH, WE'VE BEEN HERE LONG ENOUGH, WE'VE BEEN THROUGH ENOUGH COMPLAINTS, IS THERE ANYTHING THAT YOU WANT TO TELL ME?
>> HE CAME OUT AND WAS VERY, VERY FRANK AND TOLD EVERYTHING.
>> SO IS IT FAIR TO SAY THAT HAD HITESH RESPONDED TO YOU AND REPORTED TO YOU, YOU WOULDN'T HAVE KNOWN ABOUT IT?
>> THAT'S NOT CORRECT? YOU HAD SOMETHING OTHER THAN THE ANONYMOUS TIP?
>> WELL, THAT IS WHY DIRECTLY AFTER THAT INSPECTION, I WENT OVER NOT ONLY JUST TO TAKE HIS WORD FOR IT, I LOOKED AT THE RECORDS, AND THEN I ALSO WENT OVER TO SUPER SODA, LEFT WHISTLE WENT TO SUPER SODA, FOLLOWED UP WITH THEIR RECORDS AND THEIR INVENTORY, AND THAT WOULD HAVE ALSO SHOWED ME THAT AS WELL.
>> YES. BUT YOU WOULD NOT HAVE KNOWN WHAT HAD BEEN TRANSFERRED OR EVEN IF ANYTHING HAD BEEN TRANSFERRED, BECAUSE YOU HAD NO WITNESSES AND IF HITESH
[00:25:01]
HADN'T JUST VOLUNTARILY GIVEN YOU THE INFORMATION?>> YOU WOULD HAVE FOUND IT FROM THE RECORD SOMEHOW?
>> AND HOW WOULD YOU FIND FROM THE RECORDS THAT ALCOHOL BEVERAGES HAD BEEN MOVED FROM ONE ESTABLISHMENT TO THE OTHER?
>> IT IS A RULE AND REGULATION THROUGH THE COUNTY AND STATE THAT YOU MUST KEEP TRACK OF ANY ALCOHOL RECORDS.
WHAT I DO IS I LOOK AT YOUR INVOICES OF ALCOHOL TAKEN IN, I WOULD ALSO LOOK AT ALCOHOL TAKEN OUT AS FAR AS SALES, RECEIPTS, THINGS OF THAT NATURE.
>> YOU'D HAVE TO COUNT INVENTORY TOO, WOULDN'T YOU?
>> AND YOU DO THAT, REGULARLY.
>> YEAH, IT DEPENDS. THERE'S ALSO FACTORS TO COUNT IN AS ALCOHOL THAT'S DAMAGED, I TAKE THAT INTO ACCOUNT.
AND THAT'S WHY WE'VE GONE DOWN THIS ROAD OF, ESPECIALLY CHRISTMAS TIME WHEN PEOPLE DELIVER SAMPLES, I ASK TO GET RECEIPTS FOR THAT AS WELL INVOICES.
>> SO WHAT DID YOU END UP FINDING OUT FROM HITESH THAT YOU CONFIRMED WHEN YOU WENT DOWN TO THE OTHER ESTABLISH?
>> THAT THE ALCOHOL THAT HE HAD STATED ON THIS PREVIOUS ON THIS DATE IN QUESTION WAS IN FACT THERE.
IT DID MATCH, IT WAS SEPARATE FROM THE OTHER ALCOHOL.
>> IT WAS IN FACT, YOU SAY THEY ARE AWARE OF THAT, SUPER SODA OR WETCHER WHISTLE?
>> SUPER SODA. BECAUSE THAT WAS AN EXCHANGE?
>> OKAY. AND SO THOSE THINGS THAT YOU LISTED ON YOUR REPORT, I GUESS THE [INAUDIBLE] ONLY WENT ONE WAY, IS THAT CORRECT? AND THEN THE OTHER THINGS WENT IN THE OTHER DIRECTION?
>> ANY MONEY CHANGED HANDS THAT YOU FOUND?
>> NOT THAT I WOULD KNOW OF, NO.
>> AND THE ONLY REASON THEY HAVE A CHARGE FOR FAILING TO MAINTAIN ACCURATE RECORDS IS BECAUSE THEY DON'T HAVE THE RECORDS THEY DIDN'T HAVE THESE RECORDS OF THE TRANSFER, IS THAT WHY?
>> IN OTHER WORDS, THEIR INVOICES AND EVERYTHING SEEMED TO BE IN ORDER.
THEY HAD TWO YEARS WORTH OR HOWEVER MANY MUCH TIME YOU'RE SUPPOSED TO HAVE?
>> DID YOU DO A REGULAR INSPECTION OF SUPER SODA ALSO OR JUST WETCHER WHISTLE?
>> AND THEIR INSPECTION WAS SIMILAR?
>> HAD IT NOT BEEN FOR THIS TRANSFER YOU WERE INVESTIGATING, THEY WOULD HAVE BEEN FINE?
>> YES. AND MR. HITESH FOLLOWED ME OVER THERE TO CONFIRM EVERYTHING AS WELL.
DID YOU PICK UP ANY OTHER INFORMATION LIKE, WHY THE EXCHANGE HAPPENED?
>> MR. HITESH AND I BELIEVE IT'S UTESH, THEY BOTH EXPLAINED TO ME THAT THE REASON WAS BECAUSE OF THE HOLIDAY THAT HAD RECENTLY TAKEN PLACE, BOTH ESTABLISHMENTS HAVE DIFFERENT CLIENTELE NEEDS WHERE SUPER SODA LIKES SMALLER PRODUCTS AND WETCHER WHISTLE LIKES TO GET BIGGER PRODUCTS, MEANING 18 PACK COMPARED TO ONE BOTTLE OR ONE CAN.
AND THAT WAS WHAT WAS EXPLAINED TO ME.
AND MR. HITESH SAID HE'D BEEN HAVING TROUBLE GETTING CERTAIN PRODUCTS.
>> AND WAS THERE ANY INFORMATION ABOUT MR. HITESH CALLING THE DISTRIBUTOR?
>> YES. HE SAID THAT HE HAD DONE THAT.
>> HE CALLED THE DISTRIBUTOR, DID HE TELL YOU WHAT THE DISTRIBUTOR TOLD HIM?
>> ALL RIGHT. I DON'T HAVE ANY FURTHER QUESTIONS OF THE INSPECTOR.
>> HITESH, I'M GOING TO HAVE YOU TESTIFY,
[00:30:02]
OKAY? YOU'VE ALREADY BEEN SWORN.SO YOU JUST LOOK AT THE COMMISSIONERS AND ANSWER THE QUESTIONS, OKAY? IS WHAT THE INSPECTOR SAID FAIRLY ACCURATE? HE WENT IN AND DID AN INSPECTION, YOU VOLUNTARILY WROTE DOWN THE INFORMATION.
>> ACTUALLY HAPPENED THESE INCIDENTS AND ALL.
AND FOURTH OF JULY WEEKEND SUPPLIER, THEY MAKE MISTAKES.
THE WHATEVER THEY DROP IT, I COMPLAIN TO THEM ON FRIDAY.
>> WHEN YOU SAY THEM, YOU MEAN THE WHOLESALER?
>> OF COURSE. I COMPLAIN, I CALL THEM AND NORMALLY THEY DELIVER TO US.
WHEN YOU HAVE A SHOT, THEY DELIVERED NEXT DAY.
[NOISE]. AND THE LOCAL PEOPLE.
I CALLED THEM, THEY SAY, WE MADE A MISTAKE.
YOU WERE SUPPOSE TO GET 90 CASES BUT YOU GOT ONLY 30, WHICH I FINISHED. THEN WHAT SHOULD I DO? HE SAY, SUPER SODA I HAVE SIX OF THEM, 87 LEFT OF THEM.
THE LOW QUANTITY THEY PUT THE TEN CASE. THEY SELL SLOW.
I SAY, AND MY REGULAR CUSTOMERS AND OLD CUSTOMER THEY SAY, WE DON'T WANT TO GO BECAUSE THERE IS A I CANNOT SAY BLACK AND WHITE BUT THAT COMMUNITY THAT DOESN'T GO THAT PLACE BECAUSE NOBODY LIKES IT THAT WAY, SOME PEOPLE, NOT NOT NOBODY.
I HAVE TWO CUSTOMERS, THEY SUGGEST TO ME, WHY DID YOU BRING IT HERE THEN I DON'T GO OVER THERE?
>> DID THEY AGREE TO MAKE THE DELIVERY? WHEN YOU CALL THE WHOLESALER, DID THEY AGREE TO MAKE THE DELIVERY?
>> YEAH. THEY MAKE A SPECIAL DELIVERY ON MONDAY.
>> YEAH. YOU WERE CALLING THEM ON FRIDAY.
>> I CALLED HIM ON FRIDAY. DID THEY COME FRIDAY?
>> NO. NOBODY COMES IN BECAUSE FRIDAY AND SATURDAY THEY DON'T COME.
BUT SOMETIMES DID I ASKED THEM WHAT YOU COULD DO? THEY SAID YOU CAN TAKE THEM FROM SUPER SODA TO HERE AND I SAY THE TWO CUSTOMERS THEY ASKED ME, SAY, I'M NOT GOING TO GO, YOU CAN PICK UP AND GIVE IT TO ME.
AND THAT'S MY I TELL YOU HONESTLY TO HIM.
WHENEVER HE COMES, HE ASKED ME FIRST QUESTION I SAID, YES.
BUT HE SAYS. YEAH. AND I DON'T LIE TO THEM.
AND THIS IS THE FIRST TIME HAPPENED.
AND IT'S BECAUSE 4 JULY, AND I LEARNED MY LESSON, BUT I NEVER DID BEFORE LIKE THAT.
I DON'T HAVE TIME TO FOR THAT BECAUSE THEY DROVE THE ENOUGH ITEMS TO THE SUPER SODA.
>> SO WHOSE DECISION WAS IT TO MAKE THIS TRANSFER, WAS IT YOURS OR?
>> THAT I CAN'T BLAME TO THE DISTRIBUTORS OR THOSE CUSTOMERS.
AND I LISTENED TO THEM AND I JUST JUMPED IN I BROUGHT IT IN.
>> YEAH. I CANNOT SIT WITH THEM TO BLAME THEM, AND THEY GIVE IT TO ME ADVICE AND I DID IT.
BUT I JUST ASKED CUSTOMERS TO AND THERE IS TWO OLD CUSTOMERS, AND THEY SAID, I'M NOT GOING TO GO TO GO PICK UP AND I DID PICK UP FOUR CASES OR SOMETHING FROM SUPER SODA AND WETCHER WHISTLE.
AND I DO HAVE PROOF OF THEY BRING THE MONDAY 30 CASE EXTRACT PLUS WEDNESDAY, ANOTHER 60 CASE EXTRA.
NORMALLY, THEY KNOW THE QUANTITY OF HOW MUCH I SELL, THAT'S WHERE THEY DROP. WE DON'T HAVE ANY CONTROL.
WHATEVER THEY GIVE US WE HAVE TO TAKE IT.
WE CANNOT SAY GIVE ME INSTEAD OF A HUNDREDS, NO.
THEY CONTROL US IN THE AMOUNT.
>> I HAVE NO FURTHER QUESTIONS THEN.
BOB, DID YOU WANT TO DID YOU WANT TO SAY ANYTHING OR TESTIFY? DO YOU HAVE ANYTHING THAT YOU CAN ADD OR?
>> YOU AND HARRY ARE BROTHERS.
YOU HAVE THESE WITH EACH OTHER'S WIVES ON THE ON THE LICENSE.
YOU WERE NOT THERE ON THE DATE THAT THIS TRANSFER TOOK PLACE,
[00:35:05]
SO YOU DIDN'T PARTICIPATE IN IT IN ANY WAY?>> YES, YOU DID NOT PARTICIPATE THE SAME WAY.
>> [INAUDIBLE] REMARKS FOR YOU IT DECISIONS.
>> MR. [INAUDIBLE], JUST TO CLARIFY WHAT YOU WERE SAYING ABOUT THE CUSTOMER, WE HAD A CUSTOMER THAT WAS SHOPPING AT ONE OF YOUR STORES THAT WANTED A PRODUCT THAT WASN'T THERE, BUT YOU HAD IT AT THE OTHER STORE AND THE CUSTOMER WASN'T WILLING OR DIDN'T WANT TO GO TO THE OTHER STORE.
>> I JUST WANTED TO UNDERSTAND WHAT YOU WERE SAYING ABOUT THAT.
>> I NEVER DID BEFORE. THIS IS BE HONEST AND I TELL IF I WANT TO HIDE, WHY SHOULD I CAN LIE TO THAT.
BUT WHATEVER I DID [INAUDIBLE].
>> NO, BUT I'M WONDERING SHOULD HE READ THE CHARGES INTO THE RECORD, HIS REPORT OR.
>> WELL, I'M GETTING READY TO ARGUE ABOUT THE CHARGES OR ME.
IF THEY WANT TO READ IN, THEN I THINK THAT WOULD BE APPROPRIATE.
>> WELL, I THE SUMMONS IS WHERE WE GOT INFORMATION.
THAT'S WHAT WE'RE RESPONDING TO.
WE'RE NOT RESPONDING TO HIS REPORT.
I MEAN, FROM A LEGAL STANDPOINT.
WE'RE GETTING OUR INFORMATION FROM THE SUMMONS, SO I'LL BE GLAD TO TELL YOU WHAT MY CONCERN IS.
AND THAT IS THE RULES AND REGULATIONS THAT YOU HAVE ARE SOMEWHAT OUTDATED.
THE REASON FOR THAT IS THAT THE STATE LEGISLATURE HAS CHANGED THINGS QUITE A BIT.
AND THE RESTRICTIONS ON LICENSEES NOW OR THAT NO RETAIL DEALER CAN PURCHASE ANY ALCOHOLIC BEVERAGE EXCEPT FROM A LICENSED MANUFACTURER WHOLESALE OR PRIVATE WALK SALE PERMIT HOLDER OR NON RESIDENTIAL WINERY PERMIT HOLDER.
A RETAIL DEALER CAN'T PURCHASE, EXCEPT FROM A LICENSED WHOLESALE.
WE DON'T HAVE ANY EVIDENCE HERE OF ANYTHING BEING PURCHASED.
SO THE IT SEEMS TO ME THAT WE DON'T HAVE ANY EVIDENCE THAT THERE WAS ANY BORROWING OR LOANING ABOUT ALCOHOLIC BEVERAGES BECAUSE THAT'S IN YOUR REGULATIONS, BUT THAT'S NOT IN STATE LAW.
AND I'M SUGGESTING TO YOU THAT STATE LAW HAS TO READ SPECIFICALLY THE SAME AS YOUR REGULATIONS DO, AND THAT EACH REGULATION SHOULD REFERENCE THE STATE LAW THAT IT'S APPLYING TO.
THE NEXT THING THAT A RETAIL DEALER CAN'T DO IS SELL ANY REFERS TO ANY OTHER RETAIL DEALER.
THERE'S NO EVIDENCE OF SELLING HERE.
SO WE DON'T HAVE ANY EVIDENCE OF LOANING, WE DON'T HAVE ANY EVIDENCE OF SELLING OR BORROWING,
[00:40:04]
THEN THE LAST RESTRICTION, KEEPER ALLOWED OR BE KEPT ANY ALCOHOLIC BEVERAGE ON THE LICENSED PREMISES, EXCEPT THOSE THAT WE PURCHASED BY THE RETAIL DEALER.WELL, IT FITS IN A WAY, CHARGE 3, BUT CHARGE 3 SHOULD HAVE BEEN REWORDED, I THINK, TO SAY THAT THERE WAS OUR PUG BEVERAGES FOUND ON THE PREMISES OF EACH ESTABLISHED [NOISE] THAT CAME FROM ANOTHER RETAIL DEALER.
SO I'M SITTING HERE FOR THESE OFFENSES.
FOR THESE CHARGES, THE EVIDENCE ISN'T THERE TO FIT THE CHARGES.
SOME OF THAT BECAUSE YOU ONLY REFER TO YOUR REGULATIONS WHICH ARE NOT UP TO DATE WITH WHAT STATE LAW IS.
SO THAT'S FINE. THAT'S MY ARGUMENT.
>> WHAT'S THE SECTION YOU'RE CITING THAT YOU SAY IS [NOISE] CURRENT STATE LAW, THAT'S NOT CONSISTENT?
>> CURRENT ALCOHOLIC BEVERAGE LAW SIX DAYS, 311, WHICH IS RESTRICTIONS ON PURCHASES AND SALES BY RETAIL DEALERS.
YOU DON'T HAVE A [OVERLAPPING].
>> MR. BURRET. I BELIEVE THAT MR. THORNTON WAS SAYING THAT THE BOARD'S REGULATIONS ARE NOT CONSISTENT WITH THE ANNOTATED CODE OF MARYLAND, BUT I ALSO BELIEVE IN THE ANNOTATED CODE OF MARYLAND, IT STATES THAT THE BOARD OF LICENSE COMMISSIONERS ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO CARRY OUT THE ANNOTATED CODE OF MARYLAND.
>> THAT WAS GOING TO BE MY ANSWER TO IT.
SO WHAT 6311 SAYS IN B, IS A RETAIL DEALER MAY NOT PURCHASE ANY ALCOHOLIC BEVERAGE EXCEPT FROM THE LICENSED MANUFACTURER WHOLESALER, PRIVATE BULK SALE PERMIT HOLDER, NON-RESIDENT WINERY PERMIT HOLDER;2.
MAY NOT SELL ANY ALCOHOLIC BEVERAGE TO ANY OTHER RETAIL DEALER EXCEPT THE HOLDER OF A CLASS C [INAUDIBLE] BEER BEER AND WINE OR BEER, WINE, AND LIQUOR LICENSE OR THREE, KEEP OR ALLOW TO BE KEPT, ANY ALCOHOLIC BEVERAGE ON THE LICENSED PREMISES, EXCEPT THOSE THAT HAVE BEEN PURCHASED BY THE RETAIL DEALER.
SO I THINK THE ARGUMENT IS THAT BECAUSE THE EXACT WORDING OF THE CAROLINE COUNTY REG DOES NOT MATCH [NOISE] ANSWER, I AGREE, FOR THE REASONS I'VE ALREADY STATED.
>> I GUESS IN REBUTTAL, MAYBE THAT'S NOT EXACTLY WHAT I SAID, AND I SAID [NOISE] THAT MAINTAINING ACCURATE RECORD OF THEIR TRANSACTIONS IN ANY WAY REFERRED TO AND FROM MARYLAND CHARGE [NOISE] STATE LAW.
AND EVEN THOUGH YOU'RE ALLOWED TO MAKE THE REGULATIONS TO ENFORCE THE STATE LAW, THAT'S EXACTLY PROCEDURES [INAUDIBLE] FOR PROCEDURES FOR ENFORCING STATE LAW.
THEY'RE NOT PROCEDURES FOR ENFORCING YOUR OWN REGULATIONS WHEN THEY DON'T COMPLY WITH STATE LAW.
SO I'M SAYING THAT CHARGE NUMBER 3 IS NO REFERENCE TO THAT.
IT COULD HAVE BEEN ACCURATE IF THE CHARGE HAD BEEN THAT ALCOHOLIC BEVERAGES WERE KEPT ON LICENSED PREMISES THAT WERE NOT PURCHASED FROM A RETAIL DEALER.
I'M NOT SURE YOU EVEN HAVE A REGULATION FOR THAT BUT THIS REGULATION CHARGE NUMBER 3 DOESN'T FIT.
SO IT SHOULDN'T BE THERE, AND THEN CHARGE 1 AND 2, THE WAY THEY'RE WRITTEN, I'M NOT AGREEING WITH THE WAY THEY'RE WRITTEN, BUT THE WAY THEY'RE WRITTEN, WE DON'T HAVE ANY EVIDENCE OF THAT.
IN OTHER WORDS, THERE'S NO EVIDENCE OF BORROWING ALCOHOL, WHICH WOULD BE CHARGE NUMBER 1.
THERE'S NO EVIDENCE OF PURCHASE OR SALE FROM ANOTHER RETAIL DEALER,
[00:45:06]
SO FOR THOSE REASONS, ONE AND TWO, DON'T HAVE ENOUGH EVIDENCE, AND CHARGE 3 IS OUTDATED.[INAUDIBLE] EVERYTHING ON THE RECORD.
THAT'S ALL I HAVE, YOU HAVE YOUR ADVICE.
I JUST WANT TO MAKE SURE I GOT IT ON THE RECORD.
>> ACTUALLY, I DO. SO THE FIRST CHARGE OF 2.04, BORROWING ALCOHOL FROM ANOTHER LICENSEE.
WELL, WHY ARE YOU SAYING IT WAS NOT BORROWED IF HE DIDN'T PURCHASE IT TO MOVE IT THERE? IF THE INTENT WAS TO TAKE IT THERE AND SELL IT, WHEN YOU BORROW SOMETHING, YOUR INTENT, WHEN YOU GO DOWN THE ROAD AND BORROW A RAKE FROM YOUR NEIGHBOR, YOUR INTENT IS TO TAKE IT BACK.
THIS CASE, HE BORROWED IT TO RESELL IT AT ANOTHER ESTABLISHMENT.
>> THAT'S YOUR INTERPRETATION OF WHAT YOU'RE ENTITLED TO DO THAT.
I'M SAYING THAT THAT'S NOT THE WAY IT IS WRITTEN IN LAW.
LAW TALKS ABOUT PURCHASE TO SALE.
THAT'S WHAT IT TALKS ABOUT, DOESN'T TALK ABOUT BORROWING.
>> 2.04, BORROWING ALCOHOL FROM ANOTHER LICENSEE.
AND THAT'S WHAT YOU NEED TO INTERPRET WHAT I WANT TO PUT ON THE RECORD IS THAT REGULATION DOES NOT FIT STATE LAW.
THE WORD BORROWING IS [NOISE] BUT I'M NOT TELLING YOU WHAT TO DO, I'M JUST SAYING THAT THAT'S MY ARGUMENT TO THE BOARD.
>> STATE THAT AGAIN ABOUT THE STATE LAW AND OUR RULES AND REGS, HOW THAT WORKS.
>> MR. BURRET, DO YOU HAVE THAT SECTION OF THE CODE AT ALL, ABOUT ADOPTION OF THE RULES AND REGS?
>> I CAN'T TELL YOU THIS SECTION, BUT I AGREE WITH YOU THAT IT IS IN THERE THAT THIS BOARD IS AUTHORIZED TO MAKE ITS OWN REGULATIONS TO IMPLEMENT STATE LAW.
>> I THINK THE REGULATIONS DO IMPLEMENT STATE LAW, AND IT'S WITHIN THE COUNTY'S PREROGATIVE TO HAVE ADOPTED THE REGULATIONS THAT ARE BEING QUESTIONED.
I WOULD HAVE MADE THE SAME ARGUMENT IN YOUR PLACE.
BUT I THINK THE COUNTY KNEW WHAT IT WAS DOING WHEN IT ENACTED THESE REGULATIONS.
I WASN'T HERE, BUT I AGREE WITH WHAT THEY DID.
>> AND ARE THE LICENSE HOLDERS AWARE OF THESE REGULATIONS?
>> WHEN THEY APPLY FOR A LICENSE, THEY'RE BOUND TO, THEY'RE ACKNOWLEDGING THEY'RE AWARE OF THEM.
>> YES, FOR CLARIFICATION, MR. CHAIRMAN, WHEN ANYONE APPLIES FOR A NEW OR TRANSFER LICENSE, AS PART OF THEIR APPLICATION, THEY HAVE TO CERTIFY THAT THEY HAVE RECEIVED AND READ THE LOCAL RULES AND REGULATIONS, AND THEN EACH YEAR ON THE RENEWAL APPLICATION, THEY HAVE TO RESTATE THAT THEY ARE IN RECEIPT OF THEM AND HAVE READ THEM.
>> WE GOT A COUNSEL'S VERBAL OPINION, AND I SAY WE GO WITH THE COUNSEL'S VERBAL OPINION.
>> AND I THINK, IF YOU WANT A MOTION? ARE WE THAT POINT? YEAH?
>> WE GO INTO DELIBERATION RIGHT NOW.
>> WE GO TO GO INTO DELIBERATION AT THIS TIME.
WE'LL GO INTO DELIBERATION AND WE CAN'T ACCEPT ANY OTHER.
>> ON THE CHARGE OF THE 2.04 BORROWING ALCOHOL FROM ANOTHER LICENSE, HOW DO YOU FEEL?
>> I FEEL THEY VIOLATED? I AGREE THEY AGREED TO THAT THEY VIOLATED IT.
I'M GOING TO CHARGE YOU 2.34 TO PURCHASE SALES FROM
[00:50:02]
ANOTHER RETAILER-RETAIL DEALER PROHIBITED.>> AGAIN, I THINK THEY VIOLATED THAT REGULATION.
THAT ONE I PERSONALLY GET HUNG UP ON BECAUSE [OVERLAPPING] THEY DIDN'T PURCHASE.
THEY JUST TRANSFERRED FROM ONE LOCATION TO THE NEXT.
THERE'S NO EVIDENCE OF ACTUALLY PURCHASING.
I GET HUNG UP ON THAT ONE THAT THAT 2.34, NO RETAILER IS PERMITTED TO PURCHASE ALCOHOLIC BEDROOMS, EXCEPT FROM A LICENSED MANUFACTURER OR WHOLESALER.
>> I PICKED UP ON THAT AS WELL, AND THEY SAID THAT NO MONEY TRANSPIRED AND THEN THERE WAS NO [INAUDIBLE] WE DIDN'T HAVE ANY RECORD OF ANY MONEY TRANSFER.
>> CORRECT. BUT THAT'S THE BIGGEST THING WE DON'T HAVE A EVIDENCE OF MONEY TRANSFER, SO I DON'T THINK THAT WE CAN SAY THAT THEY PURCHASED FROM THE OTHER STORE.
>> I WAS ON THE SAME PAGE, IS THAT IT?
>> I DON'T AGREE WITH YOU. I THINK THERE WAS MONEY.
>> HE SOLD IT FROM ANOTHER BUYER, IF HE PICKED.
I THINK CLEARLY THAT WAS THE REGULATIONS TO ALCOHOL.
>> COMMISSIONERS, I'D ALSO LIKE TO MAKE YOU AWARE OF SECTION 4-502 OF THE ALCOHOLIC BEVERAGES ARTICLE, WHICH IN B SAYS, A LICENSE HOLDER MAY STORE OR KEEP ALCOHOLIC BEVERAGES ONLY: ONE, ON THE PREMISES COVERED BY THE LICENSE OR TWO AT A PUBLIC WAREHOUSE, GOVERNMENT-CONTROLLED WAREHOUSE, OR INDIVIDUAL WAREHOUSE FOR WHICH A PERMIT HAS BEEN ISSUED UNDER THIS ARTICLE.
STORING, KEEPING, BORROWING, LOANING, WHATEVER YOU WANT TO CALL IT, YOU CAN'T STORE OR KEEP ALCOHOLIC BEVERAGES ANY PLACE OTHER THAN WHERE YOU'VE GOT YOUR LICENSE.
YOUR LOCAL REGULATION IS TOTALLY CONSISTENT WITH THE STATE LAW.
>> ARE YOU TALKING ABOUT ALL THREE REGULATIONS OR EXCUSE ME, I DIDN'T MEAN THAT.
>> THE ONE ABOUT BORROWING OR YOU'RE SAYING THAT THAT WASN'T IN STATE LAW.
>> THAT WOULD BE CHARGED NUMBER 1. THAT'S WHAT YOU'RE SAYING.
I THINK IT FOUND THEM IN VIOLATION, DIDN'T YOU?
>> I'M JUST ADVISING THEM BECAUSE I JUST HAPPENED TO COME ACROSS THAT.
IT WASN'T MENTIONED EARLIER IN THE CASE.
>> SEE, MY THING IS YOU'RE CORRECT.
THEY TRANSFERRED THE ALCOHOL TO BE SOLD.
BUT WE CAN'T PROVE THAT THE ONE ESTABLISHMENT BOUGHT IT FROM THE OTHER ESTABLISHMENT.
IS THAT WHAT YOU ARE REFERRING TO.
>> THAT'S JUST THE WAY I READ THIS.
>> THAT THEY CAN'T PURCHASE FROM ANYWHERE, BUT BASICALLY LET'S JUST SAY A SUPPLIER?
>> BUT THERE'S NO EVIDENCE SAYING THAT SUPERSTAR BOUGHT FROM WETCHER WHISTLE OR VICE VERSA.
THEY JUST TRANSFERRED IT FROM ONE LOCATION, TRANSFERRED [OVERLAPPING]
>> YOU GOT THIS, I'M YOUR PRECEDENT SETTING.
I URGE YOU TO THINK ABOUT THE PRECEDENT.
BUT I RESPECT IT'S STILL THE ONE.
>> ANYBODY CAN START DOING THIS STUFF.
IT'S MASS TRANSFERS AND SAID, WELL, YOU CAN'T BE HELPED FOR THAT. I GUESS YOU CAN STILL.
>> YOU CAN BE HELP FOR IT [OVERLAPPING]
>> ANYWAY, THAT'S MY VOTE. DO WHAT YOU WANT.
MY VOTE I THINK THEY VIOLATED THE INTENT OF WHAT THE 2.34 SAYS.
>> I'M READING THEM BOTH AGAIN TO MAKE SURE THAT I'M NOT OVERLOOKING AT.
COUNSEL, WHAT'S YOUR FEELING 234?
>> CAN YOU GIVE THIS [OVERLAPPING].
>> I'M SORRY. DID YOU ASK ME A QUESTION?
>> YES. SORRY, YOU'RE ALREADY DEEP IN THOUGHT.
WHAT'S YOUR OPINION BASED ON THE EVIDENCE AND TESTIMONY THAT'S BEEN GIVEN OR APPROVED?
[00:55:02]
>> MY ADVICE WOULD BE THAT YOU'RE SITTING HERE BASICALLY IS THE TRIER OF FACT.
THE FACTS YOU HAVE BEFORE YOU, YOU COULD A REASONABLE PERSON COULD FIND THAT IF IT SMELLS LIKE A DUCK AND QUACKS LIKE A DUCK, IT'S A DUCK AND REACHED THE CONCLUSION THAT IT WAS SOLD, THE MONEY DID CHANGE HANDS.
BUT A REASONABLE TRIER OF FACT COULD ALSO POTENTIALLY WEIGH IT AND THIS IS WHY IT'S YOU GUYS AND NOT JUST A LAWYER THAT'S SITTING UP THERE.
YOU ALL HAVE TO WEIGH THE FACTS AS TO WHETHER OR NOT YOU THINK THAT BASICALLY, THE BURDEN HAS BEEN MET TO PROVE TO YOUR SATISFACTION THAT MONEY DID CHANGE HANDS.
THIS IS NOT A CRIMINAL CASE, IN THE TRUE SENSE OF BEYOND A REASONABLE DOUBT, LIKE THEY WERE SITTING ON A CRIMINAL JURY.
>> WHETHER THEY DID PURCHASE OR NOT FROM ONE LOCATION TO THE NEXT, I JUST DON'T THINK THAT THERE'S EVIDENCE CONFIRMING THAT.
IF WITHIN SOMEWHERE IN THE STATEMENT, HE ADMITTED TO MOVING FROM ONE LOCATION TO THE NEXT.
IF IN THAT STATEMENT, HE ADMITTED THAT TO KEEP OUR RECORD STRAIGHT, WE SOLD THIS TO THEM OR THERE WAS A RECEIPT SHOWING THAT, THEN I WOULD SAY THAT INDEFINITELY, WE COULD SAY GUILTY ON 2.34, BUT I JUST FEEL THERE'S NOT ENOUGH EVIDENCE FOR ME TO SAY THAT IT WAS SOLD.
WHETHER IT WAS OR IT WASN'T, IT'S JUST NOT ENOUGH EVIDENCE TO SAY THAT IT WAS SOLD.
THAT'S WHERE I STAND ON THAT ONE.
BECAUSE NOTHING IN HERE SAYS, IT SAYS BASICALLY ABOUT SELLING FROM ONE LOCATION TO THE NEXT.
IT DOESN'T SAY THAT ONCE IT'S TRANSFERRED, THEN THEY RESELL IT TO THE PUBLIC, IT JUST IS STATING ABOUT PURCHASING FROM A NON-SUPPLIER AND THAT WE DON'T UNFORTUNATELY HAVE EVIDENCE OF A PURCHASE FROM ONE STORE TO THE NEXT.
>> I THINK IT WAS A TREE [INAUDIBLE]
>> I THINK IT WAS FULLY INTENDED THAT AFTER DELIVERY WAS MADE TO FIRST OF THE WEEK TO PUT THAT INVENTORY BACK IN THEIR INVENTORY AND HOPE THAT NOTHING EVER CAME OF IT.
>> THEN UNFORTUNATELY, THERE WAS AN ANONYMOUS TIP AND THROUGH INVESTIGATION AND CHECKING RECORDS.
IT JUST SHOWED THAT AND IT WAS ADMITTED THAT TO TRY TO MEET THE NEEDS OF THE CUSTOMERS THAT THEY DID THAT.
BUT I DON'T SEE THE EVIDENCE OF WHERE IT WAS PURCHASED FROM ONE STORE TO THE NEXT.
>> I DON'T FEEL THAT EITHER [NOISE] WE CAN'T PROVE IT.
>> I'M GOING TO SAY ON 2.34 ARE NOT GUILTY.
>> I GOT A SCENE NOT GUILTY ON THAT ONE.
A LICENSE SHALL MAINTAIN AN ACCURATE RECORD.
WHAT'S YOUR FEELINGS ON THAT ACCURATE RECORD?
>> IT WAS NOT LISTED IN THE RECORDS. IT WASN'T LISTED IN THE RECORD.
>> CORRECT. IT WAS NOT IN EITHER OF THE RECORDS.
>> THE ALCOHOL THAT WAS TRANSFERRED WAS STILL SHOWING AT ONE STORE BUT NOT SHOWING TO THE NEXT STORE?
>> THEN I SAY GUILTY ON THAT CHARGE.
>> GOING BACK, DO YOU MAKE A MOTION ON THE [OVERLAPPING]
>> ARE YOU GOING TO VOTE ON EACH INDIVIDUAL CHARGE, AND THEN FOR BOTH ESTABLISHMENTS?
> WHICH ESTABLISHMENT ARE YOU CONSIDERING, IF ARE YOU CONSIDERING BOTH OF THEM AS HAVING VIOLATED CHARGE 1 AND 3.
YOUR TALKING ABOUT JUST ONE OF THE TWO ESTABLISHED? I'M NOT SURE. I DIDN'T HEAR WHAT YOU SAID, SO I'M NOT QUESTIONING YOU.
>> EACH ONE, WE AGREED AT THE BEGINNING TO PUT THESE TOGETHER.
[01:00:04]
TRY. THEN THEY'RE BOTH CHARGED WITH THE SAME CHARGES.IF ONE DID IT, THE OTHER DID IT BECAUSE THEY DID IT BACK BEFORE.
>> I JUST WANT THEM TO BE ON THE RECORD.
>> I AGREE, MR. THORNTON, WE'RE BASICALLY TALKING ABOUT SUPER SODA AND WETCHER WHISTLE AT THIS POINT.
>> NO. BECAUSE WE AGREED TO DO IT TOGETHER AS ONE TRIAL OR ONE [OVERLAPPING]
>> THE BOARD SHOULD KEEP IN MIND; IT IS TECHNICALLY POSSIBLE THAT ONE COULD BE GUILTY OF THE CHARGE AND THE OTHER ONE YOU HAVE FOUND THE EVIDENCE INSUFFICIENT TO CONVICT THE OTHER.
JUST IN THEORY, REMEMBER THAT.
JUST BECAUSE ONE IS GUILTY DOES NOT COMPEL A DECISION THAT THE OTHER ONE IS VICE VERSA.
YOU'RE CONSIDERING EACH LICENSEE'S GUILT OR INNOCENCE SEPARATELY.
>> I THINK CRYSTAL FEELS AND I AGREE WITH CRYSTAL THAT WE NEED TO DECIDE ON 2.04.
>> I THINK I WOULD JUST START WITH ONE BUSINESS AND CALL YOUR VOTE FOR EACH OF THE THREE CHARGES AND THEN GO TO THE NEXT BUSINESS AND DO THE SAME [OVERLAPPING].
>> THAT WOULD BE THREE CHARGES.
YES. I'M GOING TO START WITH HELZBERG SUPER SODA.
DO YOU WANT A MOTION ON THAT? I WOULD MAKE A MOTION BASED ON THE EVIDENCE PRESENTED AND THE TESTIMONY GIVEN IN FROM THE ADVICE OF COUNSEL ON SUPER SODA.
WE SHOULD FIND A VIOLATION IN 2.04 BARRING ALCOHOL FROM ANOTHER LICENSEE AND 2.36, FAILURE TO MAINTAIN ACCURATE RECORDS OF ALL TRANSACTIONS.
WE FIND SUPER SODA IN VIOLATION OF 2.04 AND 2.36.
THIS ONE'S FROM ME FOR WETCHER WHISTLE.
>> YOU WANT TO DO YOUR VOTE ON THE OTHER CHARGE, WHETHER YOU FOUND THEM IN VIOLATION OR NOT?
>> I GUESS WE DO BECAUSE WE HAVEN'T REALLY PUT THAT ON RECORD.
WE JUST DISCUSSED IT. THE VOTE ON CHARGE NUMBER 2, THE 2.34.
>> MIKE WANT TO MAKE A MOTION.
>> I MAKE A MOTION ON THE CHARGE OF 2.34, THE PURCHASE SALES FROM ANOTHER RETAIL DEALER OF A NOT GUILTY IN MY BELIEF THAT THERE'S NOT ENOUGH EVIDENCE TO SHOW THAT IT WAS ACTUALLY MONEY TRANSFERRED TO MOVE THAT ALCOHOL.
IT'S BEEN MOVED AND SECONDED THAT WE FIND HIM NOT GUILTY ON THE CHARGE NUMBER 2 OF THE 2.34.
>> NOW, WE MOVE ON TO THE WETCHER WHISTLE?
>> OR WHY DON'T WE DO THE [OVERLAPPING].
>> IF YOU WANT TO DO THE CHARGES FIRST AND THEN GO BACK AND DO ANY PENALTY DISCUSSIONS.
>> WE'RE GOING TO CONTINUE ON WITH THE CHARGES FOR WETCHER WHISTLE. DO I MAKE A MOTION?
>> NO. I'LL MAKE A MOTION, YOU WANT TO GO THROUGH ALL THREE OF THESE. RIGHT?
>> I MAKE A MOTION THAT BASED ON THE TESTIMONY PRESENTED IN THE EVIDENCE GIVEN AND ON THE ADVICE OF COUNSEL, THAT THERE WAS A VIOLATION FROM WETCHER WHISTLE ON REGULATION 2.04, BORROWING ALCOHOL FROM ANOTHER LICENSEE.
>> ALSO REGULATION 2.36, A FAILURE TO MAINTAIN ACCURATE RECORDS OF ALL THE TRANSACTIONS.
>> IT'S BEEN MOVED AND SECONDED THAT WE FIND THEM IN VIOLATION
[01:05:01]
OF CHARGE NUMBER 1 2.04 AND CHARGE NUMBER 3 2.36.>> I'LL MAKE A MOTION ON THE SECOND CHARGE 2.34 OF A NOT GUILTY.
JUST AS I STATED BEFORE, I DON'T FEEL THAT WE HAVE THE EVIDENCE TO SAY THAT MONEY WAS TRANSFERRED FOR THESE ITEMS.
>> IT'S BEEN MOVED A SECONDED, DID WE FIND THEM NOT GUILTY ON CHARGE NUMBER 2 2.34? ALL ON FAVOR, SAY AYE?
SO GOING BACK INTO OUR VIOLATION FOR REPRIMAND.
>> SHOULD WE DO EACH ONE SEPARATELY, YOU VIOLATE YOUR PENALTY NOW, ARE YOU IN THE PENALTY PHASE?
>> IT'S WHAT I'D LIKE TO SAY, A COUPLE OF THINGS.
>> SURE. THAT'S WHERE WE'RE AT.
>> I JUST WANTED TO SAY THAT, YOU HEARD BOTH THE INSPECTOR AND [INAUDIBLE] TELLING YOU HOW HE ADMITTED TO EVERYTHING READILY AND YOU HEARD MY QUESTIONS, ABOUT WERE THERE ANY WITNESSES OR WOULD THEY HAVE FOUND THIS BOARD EVEN KNOW ABOUT IT IF HE HADN'T [NOISE] GIVEN THE INFORMATION? I THINK IT SHOWS GOOD CHARACTER, I GUESS WHAT I'M SAYING IS THAT, HE WAS APPROACHED AND APPARENTLY THERE WEREN'T ANY SECOND THOUGHTS.
HE WROTE DOWN EXACTLY [NOISE] WHAT HAPPENED.
I LOOK AT THIS IS EVEN THOUGH THERE ARE WORDS AND THE THREE CHARGES NOW, IT'S ONE INCIDENT.
IN OTHER WORDS, IT'S NOT TWO SEPARATE INCIDENTS.
IT'S ONE INCIDENT WHERE HARRY MADE THE INITIAL DECISION.
AND I GUESS IT'S LIKE A KID IN A CANDY STORE, I GUESS.
YOU TAKE A PIECE OF CANDY, AND THEN YOU WANT TO DO IT AGAIN.
NOT THAT HE WAS GOING TO DO IT AGAIN IN ANY OTHER TIME, BUT IT'S THE QUANTITY THAT HE DID IT IN, HE DID IT ALL ONE DAY.
>> HE HIT HIM SOMETHING BECAUSE I HAD THAT IN THE BACK OF MY MIND.
I SAID, THIS ISN'T THE FIRST TIME THAT THIS HAS BEEN DONE.
THIS IS THE FIRST TIME HE GOT CAUGHT WITH IT, PROBABLY.
>> WELL, WE DON'T KNOW THAT. I MEAN, THERE'S NO EVIDENCE.
>> WE DON'T HAVE ANY EVIDENCE, THAT'S CORRECT.
>> WHOEVER THE ANONYMOUS PERSON WAS, WILL ALWAYS STILL BE THERE AND WILL ALWAYS REPORT IT.
BUT I'M SAYING THAT THIS CHARACTER ADMITTING THIS RIGHT AWAY IS THE QUANTITY THAT WAS HERE.
I MEAN, HE COULD HAVE SAID, YEAH, I TOOK A CASE OF MILLER LIGHT OVER THERE AND PICKED UP A CASE OF COURSE LIGHT AND LEFT AT THAT, BUT HE WENT INTO GREAT DETAIL.
I DON'T THINK THAT YOU'LL SEE IT HAPPEN AGAIN.
I DON'T THINK IT HAS HAPPENED BEFORE.
SO I ASK THE BOARD TO LOOK AT IT AS JUST ONE INCIDENT.
I'VE NEVER BEEN REALLY CERTAIN WHY IT ISN'T LEGAL, IF FACTOR RECORDS ARE KEPT WHAT'S TRANSFERRING TO ANOTHER SUSPECT BECAUSE YOU'RE NOT ADULTERATING THE PRODUCT.
THE PRODUCT IS REMAINING PACKAGED.
THE WIND CAME AND IF A LICENSEE KEPT RECORDS, THEN SEEMS TO ME WAS JUST MY WAY OF THINKING AS A DEFENSE ATTORNEY, THAT IT WOULD BE A VIOLATION.
SO I THINK IT'S A MINOR VIOLATION AT BEST.
I KNOW YOU GOT SCARED TO DEATH BECAUSE THIS IS THEIR LIVELIHOODS AND IN BOTH CASES.
I DON'T WANT YOU TO USE MY REMARKS AGAINST THEM.
I HAD TO DO MY DUE DILIGENCE AS A DEFENSE ATTORNEY AND NEITHER ONE OF THEM ASKED ME TO DO THAT.
THEY JUST CAME AND SAID I MADE A MISTAKE.
WHAT CAN I DO AND AVOID A REAL SERIOUS PENALTY?
[01:10:09]
I DON'T EVEN KNOW WHAT PENALTY YOU CAN GIVE HERE TO BE HONEST WITH YOU IN THESE PARTICULAR CHARGES.I DON'T KNOW WHAT THE PENALTY IS BECAUSE THE VIOLATIONS OF YOUR REGULATIONS, THEY'RE NOT VIOLATIONS OF STATE LAW.
I'M NOT SURE I HAVE YOUR REGULATIONS HERE, BUT I DON'T KNOW WHAT THE PENALTY IS FOR VIOLATING A REGULATION.
I THINK IT'S FEES AND/OR A FINE, BUT I DON'T THINK YOUR REGULATIONS SAY ANYTHING OTHER THAN THAT, OTHER THAN THE COUNTY KEEPS THE MONEY IF YOU FIND THEM.
I'M SUGGESTING TO YOU THAT FACTS ALL YOU CAN DO SINCE YOU FOUND THEM IN VIOLATION OF THE REGULATIONS, YOU CAN ONLY DO WHATEVER THE REGULATIONS SAY.
IN OTHER WORDS, I'M SAYING TO YOU, SINCE THE REGULATIONS DON'T SAY IT, A SUSPENSION OR REVOCATION IS NOT AVAILABLE HERE.
THAT WHAT'S AVAILABLE HERE IS A FINE BECAUSE YOU CHARGE ONLY WITH YOUR REGULATION.
I'D ALSO POINT OUT THAT THIS IS THE FIRST TIME THEY'VE BEEN HERE FOR ANYTHING LIKE THIS.
I THINK PREVIOUS THERE HAD BEEN SALES TO MINORS AND I KNOW THEY HAVE GONE GREAT LENGTHS NOW WHERE THEY HAVE MACHINES, WHERE THEY CARD EVERYBODY THEY RUN THE CARD FOR THE MACHINE.
HARRY, HE'S EVEN HIRED ONE OF THESE SAVVY SHOPPER COMPANIES THAT SEND SHOPPERS IN AND HE HAS SOMETHING LIKE I DON'T KNOW HOW MANY CARDS, BUT I COUNT OF A STACK OF CARDS, WHERE THEY PASS EACH INSPECTION.
I GUESS WHAT I'M SAYING TO YOU IS YOU HAVE A LAW ABIDING PEOPLE HERE THAT MADE THIS ONE MISTAKE.
THIS IS APPARENTLY WHAT THEY GIVE OUT WHEN THEY SHOP, WHEN YOU PASS AND EVERYTHING, YOU GET A GREEN CARD.
I DON'T KNOW HOW MANY IS THERE. I'D SAY SOMETHING LIKE 30-40 SOMETHING.
>> SO THEY HAVE TO KEEP ON TOP OF EVERYTHING.
SO I'M SUGGESTING THAT IN THE SCHEME OF THINGS, THIS IS NOT WHAT THEY'VE BEEN HERE BEFORE AND THAT THEY'VE TAKEN STEPS TO DO EVERYTHING RIGHT.
THEY KNOW NOW. I MEAN, BECAUSE THEY'RE PAYING ME, THEY'RE OBVIOUSLY GOING TO HAVE TO SUFFER SOME PENALTY HERE THAT THEY CAN'T JUST DO IT, EVEN THOUGH THEY'RE BROTHERS AND EVEN THOUGH IT'S SO EASY.
I WOULD THINK IT WOULD BE SO EASY.
CALL UP YOUR BROTHER AND SAY IT'S SEVERE DOWN HERE.
HARRY MADE THAT MISTAKE OVER FOURTH JULY WEEKEND.
IT WAS A HOT SETTLING WEEKEND.
OBVIOUSLY, NOT EVERY WEEKEND IS.
I'M ASKING THE BOARD TO GO LENIENT, I GUESS, ON WHAT YOU'RE DOING HERE. I DON'T HAVE ANY MORE QUESTIONS.
NOW YOU TO MAKE A MOTION YOU PUT THE TWO CHARGES AND IN MOTION TWO SEPARATE CHARGES OR CAN WE PUT THE TWO INTO ONE?
>> DON'T WE HAVE TO RULE ON EACH ONE?
>> YOU HAVE COMBINED CHARGES FOR TWO BEFORE.
>> WE'RE IN THE PENALTY PHASE.
>> WE'RE IN THE PENALTY PHASE.
>> SO I WOULD AGREE THAT A COUPLE OF THINGS I'D LIKE IS THAT YOU ADMITTED, HE DIDN'T RUN THE INSPECTOR THROUGH THE MAIL AND TRYING TO APPROVE.
I THINK THERE'S A LOT TO BE SAID FOR ADMITTING.
I WANT TO KEEP THAT IN CONSIDERATION.
NOW, I ALSO LOOKED AT YOUR RECORD AND THAT'S SUPER SOLVED.
[01:15:01]
LOOKING AT THE PAST CHARGES, I PROBABLY CAN'T.>> AGAIN, I THINK THAT'S SOMETHING THAT THE BOARD APPRECIATES.
THIS IS NOT WHAT YOU WHISTLE HAD TWO, BUT WEREN'T THEY RELATIVELY MINOR?
>> THEY WERE BACK TO BACK ALMOST IN 21 OF UNDERAGE SALES.
>> MUST HAVE BEEN THE SAME. BUT THE PRIOR FIVE YEARS.
>> I MEAN, THERE'S RELATIVELY AND I REALLY CONSIDER THEM TO BE.
>> THE NO LOG BOOK IN THE EMPLOYEE RECORDS.
>> YEAH. SO I THINK THOSE THINGS SPEAK IN FAVOR OF BOTH SUPER SODA AND WETCHER WHISTLE.
I THINK WE NEED TO KEEP THAT IN CONSIDERATION.
>> ONE OF THE THINGS WE'RE THINKING ABOUT OR I'M THINKING ABOUT IS THEIR RECORD AND THEIR ADMISSION OF GUILT AS EXTENUATING CIRCUMSTANCES IN THEIR FAVOR.
ALTHOUGH THE TWO CHARGES, THEY'RE PRETTY SERIOUS.
SO DO WE WANT TO GO BY EACH ADJUDICATE LIKE, GO THROUGH SUPER SODA TO ADJUDICATE TWO CHARGES?
>> SO I'M KIND OF NOT WHAT YOUR GUYS ARE.
I DON'T CONSIDER A REVOCATION OR SUSPENSION.
>> I THINK WE'RE TALKING ABOUT A FINE.
>> I'M NOT OPPOSED TO A CONCURRENT FINE.
IN OTHER WORDS, CONSECUTIVE WOULD BE THIS ONE AND THIS ONE. I'M KIND OF THINKING.
>> COMBINE TWO OF THEM IN A FINE. SO ARE YOU?
>> I'M THERE. THAT'S WHY I WAS WONDERING IF WE PUT THESE TOGETHER.
>> I'M THINKING $1,000, $500 FOR EACH ONE.
>> YOU'RE TALKING ABOUT FOR SUPER SODA?
COMBINE THE TWO CHARGES, MAKE IT $1,000 FINE FOR SUPER SODA.
>> YES. I'M IN AGREEANCE WITH THAT.
>> I MAKE A MOTION THAT WE ISSUE A $1,000 FINE FOR SUPER SODA FOR CHARGE NUMBER 204, COMBINED WITH 236.
ANYTHING ELSE? THERE'S NO CONDITIONS ON THIS, RIGHT?
>> YES. THERE'S ADMINISTRATIVE FEE THAT THEY WILL HAVE TO PAY.
>> ASSESS $1,000 FINE FOR THE COMBINATION OF THE TWO CHARGES, 2.04 AND 2.34.
ASSESS THE ADMINISTRATION FEE.
ALL RIGHT. NOW, MOVE ON TO THE WETCHER WHISTLE.
>> MIKE YOU WANT TO DO THAT ONE.
>> I CONSIDER BOAZ, I GUESS WE SHOULD.
>> I'D LIKE TO JUST PUT IN SOME CONSIDERATIONS ALSO.
EVEN THOUGH IN '21, THEY WERE HERE TWICE FOR UNDER AGE, BUT WETCHER WHISTLE STORE WAS THE LOANER OF THE ALCOHOL AND NOT THE BORROWER.
SO EVEN THOUGH I STILL AGREED TO COMBINE CHARGE 1 AND CHARGE 3, I FEEL LIKE MAYBE THE FINE SHOULD BE A LITTLE BIT HIGHER FOR THEM.
BUT I MEAN, SEE WHAT YOU GUYS.
>> WELL, I MEAN, THEY LEARNED MORE ALCOHOL, BUT THEY LOANED ALCOHOL BACK AND FORTH.
BECAUSE ALCOHOL WAS TRANSFERRED FROM SUPER SODA TO WETCHER WHISTLE, AND THEN FROM WETCHER WHISTLE TO SUPER SODA.
YOU SEE I'M GETTING AT, IT WAS THAT JUST THE ONE LEARNED MORE THAN THE OTHER.
[01:20:02]
BECAUSE YOU HAD [INAUDIBLE] WENT TO THE ONE AND THEN THE OTHER BACK.>> THAT'S UP. I THOUGHT AND MAYBE I'M WRONG, DIDN'T YOU SAY THERE WAS BORROWING BOTH WAYS?
>> YES. THAT'S WHAT I'M GETTING AT.
>> I DON'T KNOW, MIKE, WHERE ARE YOU GOING WITH THIS IF THEY BOTH BORROWED?
>> I WAS JUST ALSO LOOKING AT PRIOR VIOLATIONS, EVEN THOUGH THEY'VE NEVER HAD A VIOLATION FOR LOANING AND OR BORROWING.
>> THEY HAVE PRETTY SERIOUS ONE THERE.
>> THEY HAD SERIOUS ONES IN 2021.
WE ACTUALLY COULD FIND UP TO $1,000 PER CHARGE.
>> I'M NOT LOOKING AT THE BORROWING MORE BORROWING LESS, BUT I AM LOOKING AT [OVERLAPPING].
>> I'M ALSO WORRIED ABOUT PAST PRIOR VIOLATIONS THAT WERE LESS THAN FIVE YEARS.
>> I WAS LOOKING AT THE COMBINED CHARGES AND TO JUST INSTEAD OF $1,000 FOR BOTH TO DO A $1,500 FINE FOR BOTH PLUS FEES.
MAKE A MOTION FOR THE WECHE WHISTLE, TWO CHARGES OF 2.04 AND 2.36 TO COMBINE THE CHARGES AND A FINE OF $1,500 PLUS ADMINISTRATION FEES.
>> IT'S BEEN MOVED AND SECONDED THAT WE ASSESS A $1,500 FINE FOR THE VIOLATION OF 2.04 AND 2.36.
>> WHAT IS THE ADMINISTRATIVE FEE? I SAW IT SOMEWHERE, $50?
>> FOR THE ONE, IT'LL BE 1,050, THE OTHER WILL BE 1550.
>> ONE MORE THING, BOB. YOU SAY THEY GOT TO PAY YOU? [LAUGHTER] THEY SHOULD ONLY PAY YOU FOR TWO THIRDS.
>> THAT'S A GOOD THEORY. [LAUGHTER]
>> EXCEPT THAT CONTINGENCY FEES ARE NOT PERMITTED IN THIS KIND OF CASE.
>> ANYWAY. THANKS FOR BEING HONEST WITH THIS, I APPRECIATE THAT.
>> I MIGHT REDUCE IT. [LAUGHTER]. THERE'S A LOST ON TWO OUT OF THREE.
>> [OVERLAPPING] YOU TO CONSIDER.
>> MOVING ON TO OUR NEXT ORDER OF BUSINESS, WE HAVE A NEW LICENSE APPLICATION.
[New License- El Chupakabra Mexican Restaurant]
HOW AM I SUPPOSED TO PRONOUNCE THAT?>> LUPE, HOW DO YOU ACTUALLY PRONOUNCE THE NAME OF THE RESTAURANT?
>> CHUPACABRA, WHATEVER SHE SAID.
>> CAN YOU MAKE IT LUPE'S MEXICAN RESTAURANT, MAKE IT EASY FOR ALL OF [LAUGHTER]
>> PLEASE STAND AND RAISE YOUR RIGHT HAND [LAUGHTER] THE OATH.
DO YOU HEREBY SOLEMNLY DECLARE AND AFFIRM ON THE PENALTIES OF PERJURY THE STATEMENT MADE IN THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> PLEASE STATE THE NAME AND ADDRESS, EACH ONE OF YOU.
>> WILLIAM CLONOS, 213 SOUTH 5TH AVENUE IN [INAUDIBLE].
>> [INAUDIBLE] 407 MAGISTRATE, APARTMENT 8, DENTON, MARYLAND.
>> THANK YOU. YOU MAY BE SEATED.
>> EXHIBITS, WE HAVE THE FIRST EXHIBIT IS THE NOTICE OF PUBLIC HEARING. I'LL GO AHEAD AND READ THAT.
NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE ALCOHOLIC BEVERAGES ARTICLE OF ANNOTATED CODE OF MARYLAND, THE CAROLINE COUNTY BOARD OF LICENSE COMMISSIONERS WILL HOLD A PUBLIC HEARING BEGINNING AT 9:30 ON WEDNESDAY, OCTOBER 16TH, 2024, RELATIVE TO THE FOLLOWING APPLICATION.
A REQUEST BY KIM CLEMENS IN GUADALUPE GALINDO FOR THE USE OF L. CHUPACABRA, LLC TRADING AS L. CHUPACABRA MEXICAN RESTAURANT, LOCATED AT 5 NORTH 3RD STREET, DENTON, MARYLAND FOR A NEW CLASS B BEER WINE AND LIQUOR RESTAURANT, SEVEN-DAY ON PREMISE SALES OF ALCOHOLIC BEVERAGE LICENSE.
THIS RAN IN THE TIMES RECORD, OCTOBER 2ND AND OCTOBER 9TH.
THE SECOND EXHIBIT IS THE STAFF REPORT,
[01:25:01]
THEN YOU HAVE THE APPLICATION, LLC DOCUMENTS, THEIR SITE PLAN, THEIR LEASE AGREEMENT, AND THEIR APPLICANT NOTICES.THEY HAVE SUBMITTED THEIR APPLICATION, CRIMINAL RECORDS CHECKED ON BOTH.
THE OUTSTANDING ITEMS. THEY DID PAY THEIR ADVERTISEMENT FEE ALREADY SO THERE WOULD BE A PRORATED LICENSE FEE, THEIR ENVIRONMENTAL HEALTH DEPARTMENT APPROVAL, COPY OF THE NOTIFICATION LETTER FROM IRS, MARYLAND SALES AND USE TAX LICENSE, STATE OF MARYLAND BUSINESS LICENSE, WORKMAN'S COMP INSURANCE CERTIFICATE, COPY OF FEDERAL SPECIAL TAX STAMP, APPROVAL FROM THE OFFICE OF THE STATE FIRE MARSHAL, AND OCCUPANCY PERMIT FROM THE TOWN OF DENTON.
>> I WILL POINT OUT TO THE BOARD IN YOUR STAFF REPORT, WE DID RECEIVE AN ENTRY BACK ON THE BACKGROUND CHECK.
MS. BEALS HAS IT AVAILABLE IF YOU WOULD LIKE TO LOOK AT IT OR WOULD LIKE TO ASK MR. CLEMENTS ABOUT IT.
>> THERE IS ONE ENTRY. IT'S SIGNIFICANTLY OLDER, BUT ONE SHOULD TAKE A LOOK AT IT.
>> YEAH, I THINK WE SHOULD LOOK AT IT. THAT'S JUST MY OPINION.
>> IS IT THE SAME OR IS IT ALL ONE REPORT?
>> NO. IT'S JUST UP TO YOU IF YOU FEEL THAT THERE'S ANYTHING OF SIGNIFICANCE ON THE RECORD THAT WOULD BE A REASON OF CONCERN FOR MR. CLEMENTS TO HOLD A LICENSE.
>> WHAT'S THE DATE ON THAT [INAUDIBLE]?
>> WHAT'S YOUR FEELINGS, STEWART?
>> IF YOU'RE TALKING ABOUT THE BACKGROUND CHECK, I HAVEN'T.
>> YOU HAVEN'T SEEN IT YET EITHER.
I'M TRYING TO FIGURE OUT WHAT DATE'S ON THERE.
>> WELL, I THINK COUNSEL SHOULD REVIEW THAT.
>> LET ME DOUBLE CHECK SOMETHING MORE.
[01:31:44]
>> MY OPINION IS THAT FROM WHAT YOU'VE GOT BEFORE YOU IN THIS BACKGROUND CHECK, MY SUGGESTION WOULD BE THAT UNDER SECTION 3-202, WHICH IS APPROVAL OR DENIAL OF A LICENSE APPLICATION, THAT IT'S YOUR CALL, NOT MINE.
IT'S NOT A LEGAL DECISION HERE, BUT REALLY IT BOILS DOWN TO WHETHER OR NOT YOU FEEL THAT THE APPLICANT IS NOT A FIT PERSON TO RECEIVE THE LICENSE.
THERE'S NOT A A BLACK LETTER DEFINITION OF WHAT THE FITNESS CONSISTS OF.
IT DOESN'T REFER TO CRIMINAL RECORDS.
IT DOESN'T REFER TO ANYTHING ELSE.
IT'S PURPOSELY, I THINK, GENERAL TO GIVE YOU A CHANCE TO BE A GUARDIAN OF THE JURISDICTION.
MY SUGGESTION IS THAT WHAT YOU HAVE IN FRONT OF YOU, AT LEAST FOR ME, IT WOULD NOT BE SUFFICIENT EVIDENCE TO MAKE A FINDING OF NOT FIT.
>> YOU HAVE NO OTHER EVIDENCE BEFORE YOU.
YOU'VE HAD PUBLIC NOTICE OF THIS APPLICATION.
NO ONE'S COME IN TO CONTEST IT OR PROVIDE ADDITIONAL INFORMATION SO IT IS ENTIRELY YOUR CALL.
>> WE CAN LOOK AT THE TIME FRAME OF IT.
>> CAN WE DISCUSS THAT AS WE'RE GOING THROUGH THAT LIST?
>> YEAH. THAT WILL BE PART OF OUR DISCUSSION.
WE HAVE TO LET THEM EXPLAIN WHAT THEY'RE PLANNING.
>> PLEASE EXPLAIN WHAT YOUR PLAN IS, WHAT YOU HAVE IN MIND TO DO.
>> IS THAT WHAT SHE HAS UP THERE?
>> YEAH. THEN I HAVE MORE IF THAT'S OKAY.
>> DOES SHE HAVE TO PUT THIS AS AN EXHIBIT?
>> YEAH. WE CAN MARK THAT AS AN EXHIBIT.
IT'S DIFFERENT THAN THE ONE YOU GAVE US.
>> I'M GOING TO HAVE TO ADD A COUPLE MORE.
>> WHAT EXHIBIT NUMBER WOULD THAT BE?
>> OKAY. THEN YOU CAN JUST TITLE THAT REVISED.
>> SHE HAD SOME ADDITIONAL THINGS ON THERE.
[01:35:18]
>> WE'RE GOING TO THE MEXICAN RESTAURANT IS WON B JOSE BAR.
IT'S LIKE A FAMILY TO HAVE COUPLE DRINKS.
ACCESS OUTSIDE TO HAVE A TABLE.
THIS TO CONTAIN THE ALCOHOL, WE'RE GOING TO HAVE ONLY SERVED NO CUSTOMER THEY'RE ALLOWED TO COME INSIDE AND WALK ON THE STREET WITH THE ALCOHOL IN THE HAND.
TO SERVE, WE'RE GOING TO BRING THEM ALCOHOL TO THE TABLE.
INSIDE IT'S A NO ALCOHOL REGION THIS POINT.
IT'S GOING TO BE AS WELL OUTSIDE IN THE PATIO.
IN THE PICTURE THAT I JUST GAVE IT TO YOU, THIS ONE.
GOING TO PUT A REAL COVER TO GET JUST ACCESS TO ENTRANCE AND I HAVE A SAME AGAIN.
IT'S A NO ALCOHOL REGION AT THIS POINT.
THE CUSTOMER ONLY CANNOT HAVE ACCESS TO THE ALCOHOL IF THE SERVER BRING IT TO THEM.
MOVING ON, I GIVE YOU THE FIRST ONE, THE ROOM WE'RE GOING KEEP THE ALCOHOL.
THIS IS THE FIRST, IT'S LIKE A CAFETERIA.
ON THE SECOND PAGE IS THE BRIDGE.
YOU CAN SEE IT'S NO DOOR IN THERE, WE'RE WORKING ON PUTTING A DOOR IN THERE.
IT'S GOING TO BE WITH LOCK WITH A KEYPAD.
THE ONLY TWO PERSON WHO'S GOING TO BE ALLOWED TO GO IN THERE, IT'S GOING TO BE ME AND WORKERS.
NOBODY ELSE IS ALLOWED TO GO IN THERE.
THERE'S GOING TO BE A PASS CARD.
>> I WENT OUT TO THIS ESTABLISHMENT PROBABLY TWO NIGHTS AGO? WENT OUT THERE, DID INSPECTION.
THE ONLY REAL CHANGE, I MEAN, THEY DID A LOT OF CLEANING UP, YOU KNOW, IT WAS ALREADY CLEAN, BUT THEY DID A LOT OF CLEANING UP, A LOT OF RESTORATION, A LOT OF TABLES.
WE DISCUSSED THAT DOOR ROOM AND EARTH TONES WAS KEEPING THEIR ALCOHOL IN THE FIRST ROOM THAT THEY SHOWED.
ALSO, WE DISCUSSED ABOUT THE FEW TABLES THAT THEY'RE PLANNING ON SETTING UP OUTSIDE THE ALLEY.
SHE DISCUSSED THAT SHE WAS GOING TO PUT A RAIL.
I DISCUSSED TO HER THAT THAT MAY BE AN ISSUE WITH YOU GUYS.
IT REALLY MIGHT NOT BE, BUT THAT WOULD BE THE ONLY FORESEEABLE ISSUE.
SHE DISCUSSED ABOUT PUTTING THE RAIL, I SAID THAT WAS A GREAT IDEA.
SHE WOULD ALSO MIGHT WANT TO TALK TO THE TOWN ABOUT THAT.
I ALSO SAID, RECOMMENDED THE SIGN, WHICH SHE SEEMS TO HAVE WENT WITH BECAUSE I TOLD HER THERE'S A LOT OF EVENTS THAT TAKE PLACE DOWNTOWN, TOO.
I SAID, IF THEY WALK UP AND THEY SIT AT YOUR TABLES, IT COULD BE AN ISSUE.
BUT WE DISCUSSED A LARGE VARIETY OF THINGS THAT, SHE'S TAKEN INTO ACCOUNT.
SHE EXPRESSED THAT SHE WAS PROBABLY GOING TO BE NERVOUS TODAY, BUT SHE DID PRETTY WELL.
>> HOW MUCH SEATING WILL YOU HAVE INSIDE THERE?
>> WE HAVE BETWEEN HERE AND HERE.
>> THEY'RE ON THE ACTUAL THE THIRD STREET SIDEWALK AS WELL?
>> HAVE YOU DISCUSSED WITH THE TOWN YOUR PLANS FOR OUTSIDE? OKAY.
>> THAT'S OKAY BECAUSE IT USED TO BE OUTSIDE LIKE THAT.
[01:40:02]
THIS HOW IT LOOKS BEFORE WE DO THE [INAUDIBLE].IT USED TO BE THE TRASH CANS IN THERE.
>> I'VE ALSO BEEN TO THE RESTAURANT BECAUSE OF WORK REQUIRED ME TO BE THERE.
I ACTUALLY TOLD LUPE THAT ONE OF THE CONCERNS WE WOULD HAVE WOULD BE THE OUTSIDE SEATING AREAS AND MAKING SURE THAT THEY WERE ABLE TO KEEP PEOPLE FROM WANDERING WITH THE ALCOHOL.
BUT ONE THING, THEY WERE INVOLVED WITH THE PUB BEFORE THEY STARTED THEIR OWN RESTAURANTS.
SO THEY DO UNDERSTAND ABOUT THE OUTSIDE SEATING AREAS.
I'M NOT HERE TO HELP WITH HER TESTIMONY OR ANYTHING.
JUST WANT TO SHED A LITTLE LIGHT ON WHAT I DO KNOW THAT.
>> ARE YOU TALKING ABOUT THE SIDEWALK ON THIRD STREET? THERE WILL BE TABLES THERE TOO.
THEN THERE WILL BE TABLES ON THE ALLEYWAY.
>> LIKE I SAID, I DID GO THROUGH THE BUILDING WITH HER.
WE WENT OVER SOME OF THE RULES, BUT AS ALWAYS, I TOLD HER, FIRST INSPECTION WOULD BE STRICTLY EDUCATIONAL, AND THEN WE'LL MOVE ON AND BUILD UPON THAT.
I'M SURE SHE'S GOT PLENTY TO DO RIGHT NOW.
>> I WOULD CONTROL PERIMETER LIKE THEY DID AT THE PUB, AND SEAN DID IT.
IF THERE'S AN EVENT AT A PUBLIC EVENT, THEN WHAT THEY WOULD DO IS THEY WOULD COME IN FOR ANOTHER ADDITIONAL PERMIT FOR AN EVENT.
AND THEY WOULD THEN CONTAIN A CONTAINMENT, MAYBE A LARGER CONTAINMENT THAT BUILD OVER INTO THE EDGE OF THE STREET OR SOMETHING LIKE THAT.
OTHERWISE, THEY'RE GOING TO CONTAIN THAT GROUP OF PEOPLE OUT THERE WHERE SERVERS WILL MAKE SURE THAT THEY'RE KEEPING CONTROL ON THOSE PEOPLE.
BUT OBVIOUSLY, YOU CAN'T JUST LET IT START TO SPREAD.
>> THE ONLY THING I DIDN'T DO AS FAR AS DO MEASUREMENTS ON THE THIRD STREET SIDE.
I'M NOT SURE HOW MUCH ACCESS THAT LEADS FOR PEOPLE TO WALK DOWN THE SIDEWALK OR HANDICAP ACCESS.
BUT IF THE TOWN, I MEAN, TOWN SIDEWALK OBVIOUSLY.
>> WE CAN JUST MAKE A CONTINGENT ON THE TOWN'S APPROVAL.
>> BECAUSE I DO KNOW THERE'S A HANDICAP ACCESS ON THAT ONE SIDE.
A LOT OF QUESTIONS WERE ASKED TO ME BEFORE, AND I REACHED OUT TO TREY, SO THAT I DIDN'T JEOPARDIZE ANYTHING WITH US.
I REACHED OUT TO TREY TO PLEASE MAKE A VISIT AND GO SEE THEM BECAUSE THAT'S MORE HIS STANDPOINT ON THINGS AND WHAT WE'RE SUPPOSED TO BE GETTING INTO.
BUT LIKE I SAID, I DO HAVE PERSONAL KNOWLEDGE OF WHAT'S THERE.
LIKE EVERYBODY SAID THIS WAS EARTH TONES CAFE BEFORE THEY MOVED TO THE OLD HARRY'S.
SO THERE WAS A LIQUOR LICENSE AT THIS ESTABLISHMENT BEFORE AND THEY'VE DONE A LOT OF CLEANING UP AND REMODELING.
IT'S GOING TO BE A RESTAURANT, I THINK WHETHER WE APPROVE THIS SIDE OF THINGS OR NOT, IT'S STILL GOING TO BE A RESTAURANT THERE, BECAUSE THEY'RE TOO DEEP INTO IT AT THIS POINT.
>> ALL RIGHT. BEFORE WE GO THROUGH AND MAKE OUR MOTION FOR THE APPROVAL, WE HAVE A LIST OF FACTORS AND APPROVAL FOR APPROVAL AND DENIAL THAT WE'LL GO THROUGH AND YOU'LL HEAR US GO RIGHT DOWN THE LIST OR WHATEVER.
THE FIRST ONE, WHETHER TO APPROVE THE APPLICATION IS NUMBER ONE, THE PUBLIC NEED DESIRE FOR THE LICENSE.
I FEEL LIKE THERE WAS A STATUS THERE BEFORE THAT HAD THE ALCOHOL LICENSE, AND IT'S UNIQUE RESTAURANT THAT WE HAVEN'T HAD BEFORE.
>> CORRECT. AND THERE'S NO ONE HERE, OR WE'VE HAD NO ONE EXPRESS ANY CONCERNS ABOUT IT CONTINUING TO BE A ESTABLISHMENT WITH A LICENSE.
>> THE RECORDS REFLECT THAT OUT OF ALL OF THE LICENSE HOLDERS YOU HAVE, THE MAJORITY OF YOUR LICENSE HOLDERS ARE OFF PREMISE PACKAGED GOOD STORES.
[01:45:04]
YOU HAVE VERY FEW ON PREMISE RESTAURANT LICENSES IN THE COUNTY.>> IT'S NICE TO SEE SOME RESTAURANTS.
>> I THINK THAT'S THEY MET THAT YEAH.
PARTICULARLY WITH CORN. NUMBER TWO, THE NUMBER AND LOCATION OF EXISTING LICENSE HOLDERS.
>> NO. THE PUB CLOSE BY THE PUB AND YOU HAVE YOU HAVE CARE LINES AND EARTH TANS.
>> I DON'T SEE THAT BEING A PROBLEM.
>> ACTUALLY, YOU HAVE EARTH TANS ON DOWN THE STREET.
THE POTENTIAL EFFECT OF THE EXISTING LICENSE HOLDERS OF THE LICENSE FOR WHICH THE APPLICATION WAS MADE.
A LOT OF TIMES MORE COMPETITION IS BETTER.
>> THANK YOU CAN LOOK AT THE TYPES OF RESTAURANTS THAT YOU HAVE IN DEPTH.
>> HE GIVES A MORE DRAW FOR CUSTOMERS TO COME TO THE AREA RATHER THAN THE WAKING AREA.
THE POTENTIAL COMMONALITY OR UNIQUENESS OF THE SERVICES AND PRODUCTS TO BE OFFERED BY THE BUSINESS OF THE APPLICANT. HERE AGAIN.
>> THERE'S NOT A MEXICAN RESTAURANT.
>> WE DON'T HAVE ONE. SO IT'S A UNIQUE RESTAURANT TO THE TOWN.
NUMBER FIVE, THE IMPACT OF THE LICENSE FOR WHICH THE APPLICATION IS MADE ON THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, INCLUDING ISSUES RELATED TO CRIME, TRAFFIC, PARKING OR CONVENIENCE.
I DON'T SEE AN ISSUE. THE ONLY BIG ISSUE I WOULD SEE THERE WOULD PROBABLY BE PARKING, BUT THAT'S BEEN A DOWNTOWN PROBLEM FOR YEARS.
I DON'T THINK THAT'S GOING TO CHANGE.
>> I THINK THEY'RE DIRECTLY ACROSS THE STREET FROM THE TOWN.
>> THEY'RE LUCKY THEY HAVE A PARKING LOT RIGHT ACROSS THE STREET FROM THEM.
SO I THINK THAT WILL ACTUALLY HELP THEM. ANY OTHER FACTORS?
>> THE TOWN'S GOT A PROBLEM WITH THE SIDEWALK. THEY'LL LET YOU KNOW.
>> OKAY. SO THE NEXT PART OF THIS IS THE BOARD SHALL DENY A LICENSE APPLICATION IF THE BOARD DETERMINES AND THEN NUMBER ONE IS THE GRANTING OF A LICENSE, NOT NECESSARILY TO ACCOMMODATE TO THE PUBLIC.
>> I THINK THE PUBLIC WILL BE HAPPY TO SEE, SO DO I.
NUMBER TWO, THE APPLICANT IS NOT A FIT PERSON TO RECEIVE THE LICENSE.
>> THIS GOES INTO OUR BACKGROUND, AND WE'RE TALKING SOMETHING THAT HAPPENED 50 YEARS AGO.
WITHOUT ANY OTHER INCIDENCE SINCE THEN.
COUNSEL ADVISED THAT HE DID NOT BELIEVE THAT THIS WOULD BE A SCENARIO THAT SHOULD DRAW A RED FLAG TO US.
>> NUMBER THREE, THE APPLICANT HAS MADE A MATERIAL FALSE STATEMENT IN THE APPLICATION.
>> YOU HAVE NOTHING TO PROVE THAT.
THEY DIDN'T TRY TO HIDE ANYTHING.
>> NUMBER FOUR, THE APPLICANT HAS ACTED FRAUDULENT IN CONNECTION WITH THE APPLICATION.
I DON'T BELIEVE SO. I DON'T GET THAT.
NUMBER FIVE, IF THE LICENSE ISSUED THE OPERATION AUTHORIZED BY THE LICENSE WOULD UNDUELY DISTRICT A PIECE OF THE RESIDENTS OF THE NEIGHBORHOOD OF THE LOCATION DESCRIBED IN APPLICATION.
>> ONE THING MAYBE TO HELP CLARIFY THAT IS, WHAT ARE THE BUSINESS HOURS GOING TO BE?
>> SO WE'RE NOT TALKING A LATE NIGHT THING, SO FAMILY RESTAURANT.
>> OKAY. THAT'S ALL OF OUR LIST THAT WE HAVE TO GO THROUGH.
A SECOND HERE TO GET BACK UP HERE TO I'M NOT GOING TO ACTUALLY LIST ALL THE OUTSTANDING ITEMS BECAUSE THEY STILL REPORT.
BUT WE'LL JUST GO BACK TO MAKE A MOTION TO APPROVE THE [INAUDIBLE] LIQUOR LICENSE.
SORRY. I KNOW I DIDN'T SAY THAT CORRECT.
BUT WITH ALL OUTSIDE ITEMS ON THE LIST BEING MET AND MAKING SURE THAT WE DO I THINK WE SHOULD HAVE SOMETHING FROM THE TOWN APPROVING THE OUTSIDE TABLE AREAS?
>> THAT'S YOUR MOTION. YOU SECOND?
YOU JUST THINKING ABOUT EATING HERE.
>> IT'S BEEN MOVED AND SECONDED.
WE APPROVE THIS APPLICATION FOR LICENSE FOR L [INAUDIBLE].
[01:50:07]
ALL IN FAVOR SAY AYE.THANKS FOR YOUR PATIENCE, AND FOLKS OUT COMING UP HERE.
>> OKAY. MOVING ON TO THE NEXT ORDER OF BUSINESS.
WE HAVE THE TEMPORARY APPLICATIONS.
THE FIRST ONE ON THE LIST IS THE FRIENDS OF CAROLINE COUNTY PUBLIC LIBRARY,
[Friends of the Caroline County Public Library]
THE LIBRARY, MINI GOLF ON NOVEMBER 9, 2024.>> EXCUSE, MAY I ASK BUT I WOKE UP AT THE CAROLINE COUNTY PARK THIS MORNING.
>> YOU PICKED A GOOD DAY TO BE IN HERE.
>> I WAS ACTUALLY ORIGINALLY SCHEDULED FOR LAST MONTH'S MEETING AND I HAD CHANGED IT FOR DOCTOR'S APPOINTMENT.
>> YOU'RE WISHING YOU'D BEEN HERE LAST MONTH.
>> PLEASE RAISE YOUR RIGHT HAND AND WE'LL DO THE OATH AND THEN YOU STATE YOUR NAME AND ADDRESS AFTERS.
DO YOU HEREBY SILENTLY DECLARE AN AFFIRMATIVE PENALTIES OF PERJURY THAT THE STATEMENT YOU MAKE IN TESTIMONY GIVES THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> STATE YOUR NAME AND ADDRESS.
>> JOSEPH MCCARTHY, 783A SHORE DRIVE, PRESTON, MARYLAND 21655.
>> THANK YOU. YOU CAN SIT DOWN IF YOU'D LIKE. ALL RIGHT.
>> SO THE FRIENDS OF THE CARLYN COUNTY PUBLIC LIBRARY ARE HAVING THEIR LIBRARY MINI GOLF ON NOVEMBER 9, AND I BELIEVE THEY'VE HAD THIS EVENT BEFORE.
>> I WAS THINKING THIS IS LIKE THE THIRD ONE NOW OR SOMETHING.
>> IT WAS FEBRUARY 2000 RIGHT BEFORE COVID HIT.
>> 2020. I SAY WAIT WE HAD THIS A COUPLE OF YEARS AGO.
>> HERE'S THE SITE PLAN, IF YOU WANT TO EXPLAIN YOUR EVENT?
>> YES. WE HAVE THE BACK DOORS WHICH ARE TO THE TERRACE TOWARDS MARKET STREET, ARE GOING TO BE LOCKED.
THEY'RE NOT GOING TO BE AVAILABLE TO THE PUBLIC ENTRANCE.
PUBLIC ENTRANCE IS GOING TO BE ON THE PARKING LOT SIDE.
THIS DIAGRAM IS A LITTLE BIT TRICKY BECAUSE THE LIBRARY HAD RENOVATIONS DONE, AND THIS WAS ACTUALLY THE RENOVATION OF SCHEMATIC.
THE DOTTED LINES SHOW THE OLD WALLS AND THE SOLID LINES SHOW THE NEW WALLS.
SO THE LIBRARY IS A MUCH MORE OPEN CONCEPT NOW.
I DON'T KNOW IF ANY OF YOU'VE BEEN IN IT SINCE THE RENOVATIONS WERE COMPLETED A COUPLE OF MONTHS AGO.
ON THE MARKET STREET SIDE TOWARDS THE BACK IS WHERE WE'RE GOING TO HAVE HORS D'EUVRES, AND A BAR SET UP FOR LIQUOR.
IN THE PAST, WHAT WE'VE DONE IS WE'VE ACTUALLY SOLD TICKETS FOR PEOPLE TO BUY AT AN ADMINISTRATION DESK AND THEN GO UP AND RECEIVE EITHER THEIR BEER OR GLASS OF WINE OR WHATEVER.
SO THIS YEAR, WE JUST DECIDED TO CHARGE ONE PRICE AND HAVE IT INCLUDED IN THERE.
I WILL BE THE ONE TENDING THE BAR, TAKING OVER THINGS.
I DID GET A LETTER STATING THAT THERE WERE SOME ISSUES WITH THE LAST TIME WE PUT THIS ON.
UNFORTUNATELY, I WAS WORKING AT THE TIME AND HAD TO DELEGATE SOME DUTIES, AND I LEARNED THAT YOU CAN'T ALWAYS RELY ON PEOPLE TO ACCOMPLISH THE JOB THAT YOU GIVE THEM.
I'LL MAKE SURE THAT ALL THE EYES ARE DOTTED AND THE T'S ARE CROSSED.
THE ACTUAL GOLF COURSE IS SET THROUGHOUT THE ENTIRE LIBRARY, AND IT DOES EXTEND INTO THE HALLWAY AND UP THE STAIRS TO THE MAIN MEETING ROOMS UPSTAIRS AND THEN COMES BACK DOWN.
I'LL BE BEYOND THIS POINT ON THE DOORS GOING OUTSIDE, FROM THE ENTRANCE WAY, AND WE'LL MAKE SURE THAT RE CARD AND MAKE SURE THAT EVERYBODY IS OVER AT THE AGE OF 21 BEFORE RECEIVING ANY ALCOHOL. ANY QUESTIONS?
>> I WAS AT THIS EVENT BACK IN 2020, AND THAT'S WHAT BLEW MY MIND.
YOU JUST MAKE SURE THAT YOUR LICENSE IS UP, MAKE SURE THAT PROCEEDS TO THE ALCOHOL.
BUT THEY FELL INTO COMPLIANCE, EVERYTHING WAS GOOD.
SO I THINK THEY KNOW WHAT THEY GOT TO DO.
>> I KNOW THEY'VE HAD IT BEFORE. [INAUDIBLE]
>> YEAH. THESE ARE ALL INDOOR EVENT, SO THERE'S NOT GOING TO BE ACCESS TO IT.
>> YOU'RE NOT GOING TO GO IN. [OVERLAPPING]
>> THERE'S ANOTHER FIVE FLOOR, [NOISE] I BELIEVE, IT'S ON THE SOUTH SIDE OF THE BUILDING OR THE WEST SIDE OF THE BUILDING.
>> THAT WILL BE CLOSED, LOCKED TO THE OUTSIDE.
>> AND LAST TIME, IT DIDN'T CAUSE ANY ISSUES TO BARGAIN BEVERAGE OR NOW EARTH TONES OR WOULD BE THERE NOW, BUT THERE WERE NO OUTSIDE DISTURBANCES OR ANYTHING?
[01:55:04]
>> SO I MAKE A MOTION THAT WE APPROVE A TEMPORARY LICENSE FOR FRIENDS OF CAROLINE COUNTY FOR A LIBRARY MINI GOLF EVENT TO BE HELD ON NOVEMBER 9, 2024.
>> IT'S BEEN MOVED AND SECONDED THAT WE APPROVE THIS TEMPORARY LICENSE FOR LIBRARY MINI GOLF FOR FRIENDS OF CAROLINE COUNTY PUBLIC LIBRARY.
>> THANK YOU, JEFF. GOOD LUCK.
>> I'M DOWN, NOVEMBER 9, 5:30-10:00, AND SUNDAY IS ACTUALLY CHILDREN'S DAY.
THE NEXT ORDER OF BUSINESS IS CAROLINE COUNTY OF ARTS, KING ARTHUR AND HIS KNIGHTS LITERARY. ANYBODY WISHING TO SPEAK.
[Caroline County Council of Arts]
>> RAISE YOUR RIGHT HAND AND DO THE OATH.
DO YOU HEREBY SOLEMN AND DECLARE AND AFFIRM THE PENALTIES OF PERJURY THAT STATEMENT YOU MAKE IN THE TESTIMONY YOU GIVE THE WHOLE TRUTH AND NOTHING BUT THE TRUTH?
>> PLEASE STATE YOUR NAME AND ADDRESS.
>> MY NAME [INAUDIBLE] MY ADDRESS IS 900 MARKET STREET IN MARYLAND.
>> THANK YOU. YOU MAY BE SEATED.
>> SO THIS IS THE KING ARTHUR AND HIS KNIGHTS LITERARY EVENTS BEING HELD AT THE CAROLINE COUNTRY CLUB.
IT SHOULD BE NOTED THAT PLANNING BOARD DID INFORM THE BOARD THAT THE COUNTRY CLUB IS NOT FULLY APPROVED TO BE AN EVENT VENUE YET.
SO THAT JUST WANTED TO SAY THAT.
>> I WAS GOING TO ASK THAT AS WE MOVED ALONG.
>> I CAN SHED SOME LIGHT ON THAT.
WHEN I WAS REVIEWING THE APPLICATIONS THAT CAME IN, I HAD MS. BEALS NOTIFY THEM THAT IN ACCORDANCE WITH THE BOARD'S RULES AND REGULATIONS, THAT NO LICENSE SHALL BE ISSUED NOR SHALL THE PREMISES BE USED IN ANY WAY WHICH VIOLATES ANY ZONING OR OTHER STATUTORY LAND USE RESTRICTION, AND LICENSEES MUST COMPLY WITH ALL ZONING REGULATIONS.
THE OWNER OF THE COUNTRY CLUB DID SEEK A SPECIAL USE EXCEPTION THROUGH THE BOARD OF ZONING APPEALS, FOR A ROLE SPECIAL EVENT VENUE THAT WAS APPROVED UPON THE CONDITION THAT THEY GO THROUGH THE SITE PLAN APPROVAL AND RECEIVE THAT FINAL APPROVAL OF THE SITE PLAN THROUGH THE PLANNING COMMISSION, AND ONCE THAT WAS OBTAINED, THEY WOULD GET THEIR ZONING CERTIFICATE TO OPERATE AS AN EVENT VENUE.
THE OWNER WAS PROVIDED WITH A COMMENT LETTER INDICATING ALL THE ITEMS THAT NEEDED TO BE ADDRESSED ON THE SITE PLAN BEFORE THEY SUBMITTED.
THAT LAST CORRESPONDENCE WAS IN JUNE, AND THE OWNER DID REPLY AND SAY THAT HE WOULD TAKE CARE OF IT IMMEDIATELY.
WE HAVE YET TO RECEIVE ANY RETURN ON THOSE REVISIONS TO PROCEED ANY FURTHER WITH APPROVING IT AS A LICENSED EVENT VENUE.
AND I DID NOTIFY MR. DICKIESON OF THIS WHEN THIS CAME ABOUT AS TO WHAT THE STATUS IS, AND I HAVE NOT RECEIVED A RESPONSE.
>> ARE WE REQUIRED NOT TO APPROVE IT?
>> CAN WE APPROVE THIS WITH A CONDITION OF THE COUNTRY CLUB COMPLETING EVERYTHING THAT THEY HAVE TO DO TO BECOME AN EVENT VENUE.
>> WHAT IS THE DATE OF THE EVENT?
>> IT'S NOT GOING TO HAPPEN BEFORE THEN BECAUSE IT HAS TO GO BEFORE THE PLANNING COMMISSION STILL FOR SITE PLAN APPROVAL.
>> SO WE DON'T REALLY HAVE THE ABILITY TO APPROVE IT?
>> WE HAVE NO AUTHORITY TO DO.
>> NOT IN ACCORDANCE WITH YOUR RULES AND REGS, AND THAT'S UNDER 2.28 H OF YOUR RULES AND REG.
IT'S UNFORTUNATE FOR THE COUNCIL OF ARTS, IN GOOD FAITH, WENT TO THE EVENT VENUE TO HOLD THEIR EVENT, AND NOT KNOWING THAT THIS HAS NOT BEEN APPROVED YET.
>> ANY OTHER OPTION FOR DIFFERENT EVENTS VENUE?
>> WE HAD TALKED ABOUT IT, BRIEFLY, AT OUR BOARD MEETING LAST NIGHT.
[02:00:01]
WE HAD COME ACROSS THIS ISSUE VERY RECENTLY, AND OUR EXECUTIVE DIRECTOR HAS BEEN IN CONSTANT CORRESPONDENCE WITH DAVE DICKSON AND WHO IS THE OWNER OF THE COUNTRY CLUB.THE ONLY ISSUE IS THAT DAVID IS A LITTLE MORE DIFFICULT TO GET IN TOUCH WITH, AND THE CASH BAR IS A FUNDRAISER FOR THE CAROLINE COUNTY COUNCIL OF ARTS, SPECIFICALLY.
THEY HAD SUGGESTED, POTENTIALLY, FINDING A NEW VENUE.
LIKE LAST NIGHT, IT WAS LOOSELY BROUGHT UP BY SUE SIMMONS ON THE XC MEETING THAT WE MIGHT USE THE CAROLINE COUNTY PUBLIC LIBRARY BECAUSE IT HAD BEEN DONE THERE IN THE PAST, BUT WE HAVE NO APPROVAL QUITE YET.
WE HAVE TO MEET UP THE LITERARY BOARD AND TRY TO PLAN NEXT STEP DEVELOPMENT FOR US.
>> DO YOU HAVE THE ABILITY TO MOVE THE DATE ON THIS BECAUSE ALSO, UNFORTUNATELY, WE CAN'T APPROVE IT WITHOUT A PLACE FOR IT TO HAPPEN, AND WE WON'T BE BACK IN--
>> NOW, YOU HAVE APPROVED THE CAROLINE COUNTY PUBLIC LIBRARY BEFORE FOR EVENTS.
ACTUALLY, YOU JUST HAD THE ONE.
SO IF THAT VENUE LOCATION IS APPROPRIATE, YOU COULD CONSIDER THAT.
>> WE CAN DO IT PENDING [INAUDIBLE] THAT LOCATION?
>> THANK YOU GUYS FOR WORKING WITH US.
>> I THINK THAT'S WHY WE TURN TO YOU TO SEE IF THAT WAS A VALID OPTION FOR YOU GUYS TO BE ABLE TO WORK OUT.
>> AND IF THEY COULD DO THAT, THEN I WOULD SUGGEST MAKING IT CONDITIONAL UPON RECEIPT OF A SITE PLAN FOR THE LOCATION AND THE OWNER FOR THE LIBRARY SIGN THE APPLICATION.
>> SO BASICALLY, THERE'S TWO, EITHER CHANGE THE SITE OR CHANGE THE DATE.
I COULD DEFINITELY BRING IT UP TO THE BOARD AND I'M SURE THEY WERE LEANING TOWARD CHANGING THE SITE AS OPPOSED TO THE DATE, BUT I WOULD PUSH THE DATE.
BUT REGARDLESS, WE'LL KEEP YOU GUY IN THE LOOP..
>> YOU ARE GETTING CLOSER ON DUE TIME.
>> I, HONESTLY, DON'T SEE THIS BEING RESOLVED IN THE NEXT FEW MONTHS.
BASED ON WHAT IT NEEDS TO BE DONE TO ACQUIRE THAT APPROVAL AT THAT COUNTRY CLUB LOCATION.
>> AT THIS POINT, THE ONLY WAY FOR THEM TO GET THEIR TEMPORARY--.
>> IF THEY WANT TO HOLD IT SOON.
>> -- IS TO PURSUE ANOTHER LOCATION.
>> CHANGE THE SITE TO THE LIBRARY.
>> SO YOU'RE SAYING WE COULD APPROVE THIS--
>> IN LIBRARIES AND PENDING WORKS ON THAT, RIGHT?
>> PENDING SIGNATURE FROM THE LIBRARY ON THE APPLICATION AND THE SITE PLAN.
IF YOU HELD IT AT THE LIBRARY, EVERYTHING WOULD BE WITHIN INSIDE THE BUILDING, NOTHING OUTDOORS.
>> IF WE MAKE IT PENDING A NEW LOCATION LIBRARY OR SOMETHING ELSE CAME UP WE MAKE IT PENDING, IS THIS SOMETHING THAT WE CAN DO BY PHONE OR E MAIL OR TEAMS, AND THEN WE DON'T HAVE TO HAVE A SPECIAL MEETING IF IT HAS NETWORK? IF THEY HAD TO CHANGE IF THE LIBRARY WAS--
>> COME UP WITH SOMETHING ELSE. IS THAT SOMETHING, IF WE MADE IT PENDING A NEW LOCATION NOW? DO YOU UNDERSTAND WHAT I'M SAYING?
>> I THINK NOT KNOWING THE LOCATION COULD BE PROBLEMATIC BECAUSE THERE MAY BE CONCERN BY A NEIGHBOR OF THAT SPECIFIC LOCATION.
>> I COULD PROPOSE TO THE BOARD THAT, HEY, SINCE IT HAS BEEN DONE IN THE PAST ON THE SECOND FLOOR OF THE LIBRARY, THAT THIS WILL BE THE LOCATION OR WE HAVE TO CANCEL THE EVENT.
IT COULD BE JUST GIVING THEM THE OPTION.
>> WE CAN MAKE IT PENDING THAT IS YOU ARE SAYING.
>> I'D AGREE WITH [INAUDIBLE] GIVE THEM THE OPTION OF MOVING THE LOCATION TO THE LIBRARY.
WE WILL NEED A SITE PLAN AND--
>> THE APPLICATION FROM THE LIBRARY.
>> -- SOMEONE FROM THE LIBRARY TO SIGN THE APPLICATION SAYING THAT THEY APPROVED THE USE OF THE BUILDING.
>> LET'S DO THAT. ARE YOU MAKING THAT MOTION?
I'LL TRY TO PUT IT A LITTLE MORE.
>>.WE'LL LEAVE THE DATE. WE'LL LEAVE THE TIMES.
WE'RE JUST GOING TO CHANGE THE LOCATION AND MAKE IT PENDING TWO STIPULATIONS.
>> ALL RIGHT. I MAKE A MOTION FOR CAROLINE COUNTY COUNCIL ARTS FOR THE KING ARTHUR AND HIS KNIGHTS ON SATURDAY NOVEMBER 2ND OR FROM SATURDAY, NOVEMBER 2ND, 11:00 AM TO 9:00 PM BUT WITH A LOCATION CHANGE, PENDING A SITE PLAN AND A LETTER OF APPROVAL FROM THE LIBRARY, SAYING THAT IT'S OKAY TO USE THIS LOCATION.
AND THAT NEEDS TO BE TURNED INTO
[02:05:02]
THE BOARD OFFICE AS SOON AS POSSIBLE SO THAT EVERYTHING CAN BE TAKEN CARE OF.>> IT'S BEEN MOVED AND SECOND. CAN I ASK A QUESTION?
>> I'M SORRY. CRYSTAL, WHAT ABOUT ADVERTISING PUBLIC NOTICE OF THE LOCATION? THE NEW LOCATION, BEING THE LIBRARY.
>> IS THE LOCATION STATED ON THE AGENDA?
>> JUST THE EVENT DATE AND TIME.
>> THEORETICALLY, SOMEBODY COULD HAVE CONTACTED YOUR OFFICE AND GOTTEN INFORMATION ON THE LOCATION, RIGHT?
>> THIS IS SWITCHING THE LOCATION.
I JUST WANT TO MAKE SURE WE'RE NOT--
>> HOW DO YOU HAVE TO DO THAT, PUT IT IN THE PAPER?
>> NO. JUST PUBLISHED ON THE ON THE AGENDA.
>> YOU CAN'T POST IT ON THE COUNTY WEBSITE.
>> IT'S JUST LIKE [NOISE] FOLLOWING UP ON WHAT CRYSTAL SAID, THE NEIGHBORS OF ANY LOCATION.
THIS IS NOT YOURS, SPECIFICALLY.
SOMEBODY MIGHT HAVE A PROBLEM WITH A LICENSE EVEN A TEMPORARY LICENSE BEING ISSUED AT A CERTAIN LOCATION, FOR EXAMPLE, RIGHT NEXT DOOR TO THEM WHILE THEY WERE DOING SOMETHING ELSE.
THERE'S NOBODY HERE IN OPPOSITION TO THIS ONE.
BUT IN THEORY, SOMEBODY COULD HAVE, IT'S PUBLIC RECORD WHERE THE APPLICATION VENUE WAS, AND THEY MIGHT HAVE GONE, THAT'S NOT A PROBLEM FOR ME.
BUT SUDDENLY MOVING IT TO ANOTHER LOCATION.
THAT'S THE ONLY THING, IS THERE A WAY TO GIVE PUBLIC NOTICE BEFORE THIS CONDITIONAL APPROVAL, ACTUALLY, COMES INTO EFFECT TO GIVE AN OPPORTUNITY FOR ANY PUBLIC COMMENT?
>> NOT THAT I KNOW OF THAT ANYBODY WOULD BE NOTIFIED OF.
SO CURRENTLY THROUGH OUR COUNTY WEBSITE, EVERYONE CAN SIGN UP TO RECEIVE NOTIFICATIONS OF ANY AGENDAS WHEN THEY'RE POSTED OR REVISED.
>> WITH THAT LITTLE HITCH IN THE GEE UP, I THINK MAYBE THE BEST THING IS TO STEP BACK AND TRY TO RESCHEDULE A DATE THAT YOU CAN GET BACK IN SO THAT IT'S STILL DULY ADVERTISED AND EVERYTHING ELSE AND NOT ACTUALLY PROCEED WITH THIS MOTION TO MOVE IT.
>> MAY 20TH IS THE NEXT MEETING.
>> ON DECEMBER IS NOT GOING TO BE A GOOD TIME TO TRY TO DO THIS, BUT IN JANUARY OR FEBRUARY, I THINK IT IS STILL AN INDOOR EVENT, SO SOUNDS LIKE IT.
>> SOUNDS LIKE THE ONLY OPTION IS TO ACTUALLY NOT MOVE FORWARD WITH THIS MOTION TO CHANGE THE LOCATION UNTIL IT CAN BE DULY ADVERTISED, AND WITHOUT ADVERTISING PROPERLY, THEY NEED TO LOOK AT SCHEDULING A NEW DATE AND THEN WORK ALL THE DETAILS OUT FROM THERE, UNFORTUNATELY.
>> THAT'S ALL RIGHT. WE ALWAYS COULD IT.
>> WE HAVE TO MAKE A MOTION TO DISAPPROVE, REALLY?
>> YOU HAVE TO MAKE A MOTION TO DISAPPROVE.
>> THAT'S ALL RIGHT, BUT IT WILL TAKE TIME.
>> INSTEAD OF DENYING IT OUT RIGHT, WHY DON'T WE CONTINUE IT, WHICH MIGHT MAKE IT A LITTLE BIT--
>> IT'LL BE ON THE NEXT AGENDA.
>> SO DO YOU THINK YOU'LL RESCHEDULE IT?
>> THANK YOU SO MUCH. I'LL LET YOU KNOW AS WHATEVER THE BOARD DECIDES.
THANK YOU SO MUCH FOR YOUR TIME.
>> [OVERLAPPING] I THINK YOU CAN VOTE FOR A CONTINUATION MOTION OF THE NEXT.
>> DO YOU WANT TO MAKE A MOTION TO CONTINUE TO THE NOVEMBER 20TH MEETING TO SEE IF THEY CAN GET EVERYTHING ADJUSTED AS FAR AS A LOCATION?
>> I SECONDED THAT WE CONTINUE THIS APPLICATION FOR THE COUNTY COUNCIL OF ARTS.
[02:10:01]
>> I'M SORRY, YOU HAD TO SIT THROUGH EVERYTHING.
>> NEXT ONE. NEXT ITEM IS BASEBALL ACADEMY.
[Stanley Baseball Academy]
FIRST BINGO, LIKE.DO YOU HEREBY SOLEMNLY DECLARE AN AFFIRM OF THE PENALTIES OF PERJURY THAT THE STATEMENT YOU MAKE IN TESTIMONY GIVES US THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? PLEASE STATE YOUR NAME AND ADDRESS.
>> CHRIS MARSHALL, 4029 [INAUDIBLE] ROAD [INAUDIBLE].
>> THE STANLEY BASEBALL ACADEMY IS WANTING TO DO A PEERS BINGO FOR A FUNDRAISER.
THEY'RE LOOKING AT PRESTON FIRE COMPANY FOR THIS NOVEMBER 23, 1:00-11:00 PM.
THEY HAVE NEVER COME TO THE BOARD ASKING FOR A TEMPORARY LICENSE.
THEY DO HAVE THEIR NONPROFIT PAPERWORK PROOF.
>> JUST IF YOU WANT TO EXPLAIN YOUR EVENT.
>> WE ARE PLANNING A FIRST BINGO.
I'M HOPING TO BE WRAPPED UP WAY BEFORE THAT, BUT I WANTED TO GIVE A LITTLE BIT AROUND.
WE ORIGINALLY HAD BLADES FIREHOUSE BOOKED FOR NOVEMBER 2ND, BUT DELAWARE WALL REQUIRES CRAZY BINGO, LIKE WE WOULDN'T BE ABLE TO GIVE BIN PRIZES OUT VERY MUCH.
JAMES BROOKS WAS AMAZING AND HE OFFERED US NOVEMBER 23RD, SO I CONTACTED BETH TO SEE IF I NEEDED A PERMIT FOR CAROLINE COUNTY, AND SHE POINTED OUT I DON'T NEED FOR THE BINGO, BUT THAT PRESTON DID NOT CURRENTLY HAVE A BAR IN USE, AND THAT IF I WANTED TO APPLY FOR THIS TO HELP RAISE SOME MORE MONEY FOR THE TEAM.
WE'RE PLANNING ON PUTTING IT IN THEIR BEVERAGE AREA WHERE THEY DO THE JUICES AND MILK FOR THE BREAKFAST THAT THEY DO.
I'M SORRY, I DON'T HAVE ALL THE MEASUREMENTS.
I'VE BEEN IN THERE, BUT I HAVE NEVER MEASURED THE PLACE EXACTLY.
I DID AN ONLINE TIP CERTIFICATION AND ANOTHER MOTHER, SHE DID A IN PERSON TIP CERTIFICATION ON OCTOBER 5TH AT CHILI'S IN EASTON.
WE DO HAVE IN PERSON THAT'S GOING TO BE THE BARTENDER.
>> THERE WAS ONE THING I WANTED TO ASK YOU.
>> ONLINE, DID YOU TAKE IT THROUGH DELAWARE?
>> NO. IT SAID MARYLAND, BUT THEN IT SAID THAT IT WASN'T.
>> IT'S NOT VALID IN THE STATE OF [INAUDIBLE]
>> IT WASN'T [INAUDIBLE] I THOUGHT AS A SECOND PERSON ON THERE HAVING AWARENESS THAT WOULD BE A LITTLE BIT, BUT SHE DID HERS IN EASTON AND SHE'S GOING TO BE THE BARTENDER.
I'M JUST COORDINATING EVERYTHING GOING ON IN THERE.
>> WOULD IT BE POSSIBLE TO GET BETH A COPY OF HER? I'M SURE SHE PROBABLY HASN'T EVEN GOTTEN IT YET.
>> THEY GRADED THE TEST THERE, SO SHE KNOW SHE PASSED AND HE SAID THAT SHE SHOULD BE RECEIVING IT THIS WEEK SOMETIME.
>> I THINK WE SHOULD HAVE THAT ON FILE, THE COPY.
IF YOU COULD JUST FORWARD [INAUDIBLE]
>> IF IT'S THE TIPS CLASS BECAUSE I'M SURE SHE TOOK IT THE OVER, IF IT'S THE TIPS CLASS BECAUSE HE'S TEACHING BOTH RIGHT NOW.
HE'S TRYING TO GET RID OF TIPS, BUT TIPS TAKES A LONG, LONG TIME TO GET AND I'VE NOT HEARD ANYTHING ABOUT SURF SAFE YET.
SO I'M SURE HE'LL HAVE A CERTIFICATE AT LEAST E MAIL, BUT YEAH.
>> YEAH. THERE WASN'T MANY ON IN PERSON COURSES AVAILABLE.
>> THEY'RE GOING TO START SLOWING THAT DOWN A LOT MORE.
>> WE'VE BEEN WORKING WITH A BARTENDER FROM SUICIDE BRIDGE.
SHE RECOMMENDED SOME DIFFERENT ITEMS. SHE RECOMMENDED IF HE HAD THE LIQUOR TO MAKE, LIKE THE BLUEBERRY LEMON AND SHE'S GIVEN US THE RECIPES FOR THAT.
>> I SEE THAT YOU'RE DOING THE CASH BAR.
ARE YOU PLANNING ON, WRIST BANDING PEOPLE AFTER YOU ID THEM.
>> YES. THAT WAS ONE OF THE THINGS THAT THE LEAD THAT DID THE COURSE ASKED.
COULD WE DO WRISTBANDS, SO THAT WAY IF THEY'RE A TABLES, WE CAN VERIFY THE ONES THAT SHOULD BE.
>> SHE'S WEARING DARMAR STUFF SO SHE'S GOOD WITH ME.
>> I'VE ALREADY BEEN THERE ONCE TODAY.
DROP MY KIDS OFF THEN CAME BACK.
>> LIKE I DO KNOW SAID THE FACT WITH DELAWARE LOTTERY LICENSES, THAT IS A LOT OF WORK.
SO I UNDERSTAND WHY YOU'RE DOING THAT.
AND PRESTON'S HAD A LOT OF GOOD TURNOUT WITH THEIR FIRE DEPARTMENT.
THEY'VE TAKEN THEIR STEPS CLASSES, A FEW THROUGH ME, A FEW THROUGH SOME OTHER PEOPLE.
AND IT'S A WIDE AREA FOR THEM TO USE..
[02:15:03]
>> I HAVE A COPY OF THEIR STUFF.
>> WHAT'S THE MONEY JUST CURIOUS.
>> THIS MONEY IS GOING TO GO TO OFFSET THE COST OF TOURNAMENTS, TRAINERS, LICENSE, AND DIFFERENT THINGS LIKE THAT. THE EDUCATION.
>> IS THIS SIMILAR TO LIKE THE ACS IN THE AREA? OKAY.
>> WE WERE THE SHOPPERS A BERLIN, AND THEY COMPLETELY CLOSED THEIR DOORS, AND THEY KEPT GOING, NO, WE'RE NOT CLOSING.
WE'RE NOT CLOSING. WE PROMISE.
AND THEN ALL OF A SUDDEN IT'S LIKE, WERE CLOSING.
SO THIS IS A NATIONAL ORGANIZATION.
THEY ARE UNDER WOW FACTOR, AND THE STANLEY BASEBALL ACADEMY IS THERE 501C3.
>> THEY WERE THE SHOPPERS. THEY'RE GOING TO HAVE A PRETTY GOOD TURNOUT I THINK.
>> I DON'T HAVE ANYTHING ELSE.
THAT WAS MY ONE THING WHEN I SAW THAT ONLINE CERTIFICATE, THAT WAS ONE THING I WAS GOING TO ASK YOU ABOUT.
>> SO WERE THERE ANY CONDITIONS THAT WE HAVE TO?
>> I WOULD SAY THE ONE CONDITION IS TO MAKE SURE THAT THE TIP CERTIFIED PERSON DOES GIVE US A COPY OF THEIR CERTIFICATION.
>> WHAT'S TERRY GIVEN IS IT GIVEN?
>> WE CAN JUST SAY FOR ALCOHOL, WEARING A CERTIFICATION.
WHATEVER THE APPROVED PROGRAM IS, WHETHER IT'S SERVE SAFE OR TIPS OR.
>> WE CAN HAVE PUBLIC COMMENT.
>> I KNOW ROBIN'S CHIN BACK THERE TO GIVE IT A HAND OUT.
>> WE ACTUALLY HAVE A BAR TENDER SERVICE.
SO IF YOU FIND THAT YOU NEED YOU EXPECT PEOPLE, ONE PERSON CAN HANDLE WHATEVER.
WE HAVE A LINE OF TIP CERTIFIED PEOPLE.
WE DON'T HAVE ANYTHING TO BE THERE TO HELP YOU HANDLE.
>> SHE WAS BACK THERE JUST LIKE [LAUGHTER].
>> THE OTHER LADY THAT DID IT, SHE'S ALSO A TEACHER WRITING DOWN EVERYTHING, AND SHE'S LIKE, I DON'T THINK THIS IS GOING TO LOOK RIGHT.
LIKE I'M WRITING DOWN THAT I'M A TEACHER.
>> I MAKE A MOTION THAT WE APPROVE A TEMPORARY LICENSE REQUEST FROM THE STANLEY BASEBALL ACADEMY FOR PURSE BINGO EVENT TO BE HELD ON NOVEMBER THE 23RD, AND ONE CONDITION IS PROOF OF ALCOHOL AWARENESS DRAINING CERTIFICATION.
>> IT'S BEEN MOVED AND SECOND THAT WE APPROVE THIS TEMPORARY LICENSE FOR FIRST BINGO FOR STANLEY BASEBALL ACADEMY.
FRIEND DUKE. JEFF GRACE. SORRY, JEFF.
[Friends of Jeff Ghrist]
>> GOOD THING HE CAME IN LATER.
>> HE CAME IN LATE HE ALWAYS [OVERLAPPING] APOLOGIZE TO YOU GUYS.
HE HADN'T SEEN AT ALL. HE GOT THE BACK END OF IT.
DO YOU HEAR OF ASYLUM AND DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY? THE STATEMENT YOU MAKE AND TEST ME HE GIVES THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? YES. YOU STATE YOUR NAME AND ADDRESS.
>> JEFF GRACE ON 75S [INAUDIBLE].
>> SO FRIENDS OF JEFF GRICE FUND RAISER IS HOLDING FUND RAISING EVENT, NOVEMBER 1 AT THE WARS OF CHOP TANK, THE VISITORS CENTER.
I HAVE A SITE PLAN OR A PICTURE OF THE NO PROBLEM.
AND HIS TIP CERTIFIED PERSON IF HE WANTED TO [BACKGROUND] HE WANTED TO EXPLAIN YOUR EVENT A LITTLE MORE?
>> [INAUDIBLE] I THINK I'VE COME BEFORE YOU GUYS MAYBE THREE OR FOUR TIMES, OTHER EVENTS WERE PLACES WHERE THEY ALREADY HAD A BAR.
I DON'T ANTICIPATE ANYBODY REALLY BEING THERE UNDER THE EIGHT OR 40.
PROBABLY. THESE FUNDRAISERS ARE OLDER THAN ME.
BUT WE WILL MAKE SURE THAT THEY'RE OVER 21.
IF THEY ARE THE HOP PLENTY OF RUBBER BANDS THAT FOLKS AND CHRISTIE, OBVIOUSLY WILL BE HERE.
FIVE AND SEVEN. I DON'T KNOW IF I.
[02:20:01]
>> TWO TO FIVE? I'LL BE FROM 5-7.
I'M GOING TO BE OUT OF THERE BY EIGHT.
BUT THE EVENT ITSELF IS FIVE AND SEVEN, BUT I'LL PROBABLY GET THERE THREE ISSUES ON THIS. AND AS ANDARE.
>> I DON'T HAVE ANY QUESTIONS.
>> THEN WE MAKE A MOTION ON THIS ONE, YOU GOOD?
>> I MAKE A MOTION TO APPROVE THE TEMPORARY LICENSE FOR FRIENDS OF JEFF GRACE FUNDRAISER AT THE WARDS OF CHOP TANK ON NOVEMBER 1 5-7.
>> IT'S BEEN MOOT AND SECONDED THAT WE APPROVE THIS TEMPORARY APPLICATION FOR FRIENDS OF JEFF RACE FUNDRAISER.
>> ALL OPPOSED. THANK YOU, JEFF.
GOOD LUCK. I TOOK A LONG TIME TO GET THERE.
>> I'LL LET YOU KNOW WHEN IT'S READY.
>> MOVING ON. ALRIGHT. NEXT ORDER OF BUSINESS IS DISCUSSION ITEMS,
[Red Light Liquors- Delivery Update]
REALLY, BUT IT'S RED LIGHT LIQUORS.>> DON'T HAVE TO SIGN IN FOR THIS.
>> YOU'VE HAD TO SIT THROUGH IT OFF.
>> SO THIS IS ON THE RED LIGHT LIQUORS DELIVERY UP DATE. DO YOU HAVE ANYTHING ABOUT THE?
>> NO. THIS IS THE SIX MONTH MARK FROM THE LAST TIME WHEN YOU GAVE HER A TEMPORARY APPROVAL.
DO YOU WANTED HER TO COME BACK AND GIVE YOU AN UPDATE ON HOW SHE'S DOING AND HOW.
>> SO IT'S GONE FINE FOR WHAT WE'VE DONE.
IT HASN'T BECOME WHAT I'M HOPING IT WILL EVENTUALLY BECOME? I WOULD SUGGEST IF YOU RETIRE THAT YOU NOT OPEN THREE BUSINESSES TO COME TOO BUSY TO DO THINGS YOU WANT.
IT HAS WORKED WELL FOR WHAT WE'VE BEEN ABLE TO DO, WHICH WE'VE DONE BOTH DELIVERIES FOR EVENTS.
AND WE'VE BEEN WORKING VERY WELL A COW BARN, AND AS I WAS SAYING, WE STARTED A BARTENDING SERVICE SO THAT PEOPLE CAN WE CAN DELIVER, WE CAN BARTEND.
AND THAT'S REALLY WHERE WE WOULD LIKE TO FOCUS THE DELIVERY PART.
WE'D ACTUALLY LIKE TO DO A MARKETING CAMPAIGN TO ENCOURAGE PEOPLE WHO ARE DOING CHRISTMAS PARTIES.
NOW OUR IDEA IS GOING TO BE ELEVATE YOUR PARTY, HAVE BARTENDERS.
BUT THAT WAY, IT'S A LITTLE MORE CONTROLLED RATHER THAN JUST HOSTING A BIG GATHERING AND HOPING THAT EVERYTHING'S GOING TO GO WELL.
WE HAVE OUR LAW, AND WE INVOICE EVERYBODY, SO THEY KNOW AHEAD OF TIME HOW MUCH IT'S GOING TO BE AND THEN ONCE WE DO THE DELIVER WE JUST ATTACH THE INVOICE TO THE LAW ONCE IT'S PAID.
AND THEN ON THE BACK, WE HAVE A STAMP THAT SAYS, WHO WHO RECEIVED IT, WHAT THEIR ADDRESS THE ADDRESS WE DELIVERED TO, WHAT THE CELL NUMBER IS OF THE PERSON WHO RECEIVED IT, AND THEN IT SAYS, BY SIGNING BELOW, I CERTIFY THAT I'M 21 YEARS OF AGE OR OLDER AND I ACCEPT DELIVERY OF THE ALCOHOL BEVERAGES SPECIFIED, AND THEN WE HAVE THEM SIGN IT.
FOR RIGHT NOW, RJ DOES ALL THE DELIVERIES.
NO ONE ELSE HAS DONE ANY DELIVERIES.
AND RJ JAZZ HAVE BEEN DOING THE BAR TENDING.
WE DID THREE BAR TENDING EVENTS.
THE PEOPLE WERE VERY HAPPY WITH IT AND WERE SCHEDULED TO DO A BARTENDING EVENT ON THURSDAY, ALONG WITH THE DELIVERY OF ALCOHOL FOR THE CASA EVENT.
WE ALSO STARTED THIS DOESN'T HAVE ANYTHING TO DO WITH DELIVER BOARD, BUT WE STARTED A MOCK TAILS DIVISION WHERE WE'RE SETTING UP AT EVENTS AND DOING ALCOHOL FREE DRINKS.
TO TRY TO ENCOURAGE PEOPLE TO NOT NECESSARILY DRINK WHILE THEY'RE AT THE EVENT.
AND WE'RE SCHEDULE TO DO A BUNCH OF THOSE.
WE'LL BE DOING MATER FEST FOR TRACY.
AND THEN HOPEFULLY, IF THE BOARD APPROVES US TO CONTINUING THE DELIVERY, WE'LL BE ABLE TO REALLY PUSH FOR THE HOLIDAY AND SOME CORPORATE EVENTS, A COUPLE OF BUSINESS OWNERS HAVE CONTACTED US ABOUT DOING SOME EVENTS FOR THEM.
>> ANY ONE ON ONE OR WOULD YOU DELIVER IT TO A HOME?
>> NO. WE HAVE HAD TWO PEOPLE CALL.
AND THAT'S REALLY PARTIALLY OUR FAULT.
WE HAVEN'T REALLY PUSHED IT, ADVERTISED IT.
WE TOLD A COUPLE OF PEOPLE ONE PERSON GOT OUR NAME FROM SOMEONE ELSE.
AND THEY WANTED US TO DELIVER LIKE A SIX PACK.
[02:25:01]
IT WAS LIKE 11: 30 AT NIGHT, AND WE SAID.ARE YOU NOT ABLE TO GET HERE AND THEY SAID, I HAVEN'T BEEN DRINKING OR ANYTHING.
I JUST DIDN'T FEEL LIKE GOING OUT AND, YOU KNOW, I'M SORRY.
FOR ONE THING, THAT WOULD HAVE LEFT ME LEAVING SOMEONE AT THE LIQUOR STORE BY THEMSELVES AT LATE AT NIGHT. WE DON'T LIKE DOING THAT.
AND THEN THE OTHER PERSON, THEY CALLED US, GOT ALL THE INFORMATION AND THEN THEY DIDN'T CALL BACK ABOUT HAVING IT DELIVERED.
>> NO, REALLY, I MEAN, ON ONE HAND, IT'S A LITTLE SAD THAT IT HASN'T DEVELOPED INTO MORE THAN WHAT IT HAS, BUT THEN AGAIN, IT'S STILL IN IT'S INFANT STAGE.
>> IT'S GIVEN US TO WORK OUT WHAT WE WANT TO HAVE WORK, WHAT WE DON'T WANT TO HAVE WORK.
IT HAS WE HAVEN'T HAD TO HAVE AN EXTRA PERSON IN ALL THE TIME.
AND IT'S MUCH MORE COST EFFECTIVE TO DO IT THIS WAY FOR SURE.
AND WE HAVE DEFINITELY GOTTEN THE ONE OF THE WET AND THE ONE WEDDING.
THE GUY SAID, YOU KNOW, THAT THAT WAS THE KICKER THAT WE CAN BRING IT OUT TO CALBORN, AND AND ZELLI LOVES IT, AND SHE SAID SHE HAS SOME PEOPLE, IN THE FUTURE THAT ARE LOOKING AT HAVING EVENTS THERE.
AND THEY THINK IT'S PRETTY COOL THAT THAT CAN BE SOMETHING THEY DON'T HAVE TO WORRY ABOUT.
>> AND I LIKE THE LITTLE EFFORTS THAT YOU'VE DONE WITH THE INVOICING AND THE STAMP THAT'S ON THE BACK TO SIGN AND THINGS.
I THINK IT SHOWS SOME GREAT INITIATIVE.
>> I THINK I'M ONLY GOING TO SEE THE PROFIT IN IT IF YOU SELL THE VOLUME IF YOU'RE DELIVERING VOLUMES.
> YOU CAN'T GO TO DELIVER THE PERSON.
>> THE PERSON THAT CALLS UP ONCE YOU DELIVER A CASE OF BEERS ON A PROFIT MARGIN IN IT.
>> FOR THAT, WE HAVE TO CHARGE TEN OR $15.
>> YEAH, AND THEY DON'T WANT TO PAY THAT.
>> AND WE HAVEN'T DONE ANYTHING IN TERMS OF ANY KIND OF REACH OUT OUTSIDE OF THE DENTON RIDGE LEE, GREENSBORO AREA.
THAT WAS THE FIRST PERSON I'VE TALKED TO IN PRESTON ABOUT DOING IT THEN OUT THERE AND TAKING HER OUT THERE.
>> SO, ROBIN, JUST CURIOSITY, IF YOU ARE DOING AN EVENT AND YOU'RE PROVIDING THE ALCOHOL, DELIVERING IT, AND DOING THE BARTENDING SERVICES.
I GUESS THE THE PERSONS RESPONSIBLE FOR THAT'S THEIR ALCOHOL.
THEY BOUGHT IT. YOU DON'T TAKE ANYTHING BACK OR?
>> WE DO NOT. AND IT SAYS RIGHT ON THE THING.
THIS IS OUR POLICY AND EVERYTHING HAS TO BE PAID FOR 24 HOURS PRIOR TO DELIVERY.
AND WE DID HAVE A CASE WHERE THEY HAD A REHEARSAL DINNER AT THE REHEARSAL DINNER, PEOPLE WERE ASKING FOR OR I THINK IT WAS CRUSHES, AND THAT THEY HADN'T BOUGHT ANY OF THAT TYPE OF ALCOHOL.
SO THEY CALLED US AND ASKED IF WE COULD DELIVER THAT WITH THE ORDER, WE ACTUALLY DID A WHOLE SEPARATE THING RECEIPT FOR THAT..
>> YEAH. I'VE SEEN NO REASON NOT TO GO AHEAD AND EXTEND IT.
>> LEAVE HER, KEEP ON GOING, HOPE THAT THIS DEVELOPS A LITTLE BIT MORE.
>> I THINK IT WILL, AS WE SPEND MORE TIME WITH.
>> ALL THIS REQUIRES IN ACCORDANCE WITH YOUR REGULATIONS IS WRITTEN APPROVAL FROM THE BOARD.
RIGHT NOW, YOU'VE GIVEN A TEMPORARY APPROVAL WITH THE CONDITION THAT SHE COME BACK TO YOU IN SIX MONTHS AND REPORT OUT, AND THEN YOU WOULD MAKE A DETERMINATION ON MAKING THAT A FINAL APPROVAL.
>> BUT ONE THING JUST QUESTION COMES TO MY MIND, WILL THIS BE SOMETHING THAT SHE HAS TO ASK FOR EVERY YEAR WHEN SHE RENEWS HER LIQUOR LICENSE?
>> THAT'LL BE UP TO YOU, AS THE BOARD.
>> CAN'T WE MAKE EVERYBODY ELSE DO THAT?
>> WELL, NOBODY ELSE HAS ASKED FOR THIS.
>> I KNOW, BUT EVERYBODY HAS TO RENEW, RIGHT?
>> I DON'T SEE WHY THEY SHOULDN'T HAVE TO RENEW.
>> I THINK THAT THAT'S REASONABLE.
>> SHOULD BE PART OF A RENEWAL.
>> [OVERLAPPING] NOT TO BE THE UNDETERMINED AMOUNT OF TIME THAT EVERY YEAR AT LICENSE RENEWAL, ANY BUSINESS SHOULD HAVE TO ASK TO RENEW THE DELIVERY [OVERLAPPING].
>> DO IT AS PART OF THE RENEWAL APPLICATION.
>> I'LL MAKE A MOTION THAT WE CONTINUE THE DELIVERY.
THE RELATE LIQUORS CAN CONTINUE HER RETAIL DELIVERY.
AT THE TIME OF LICENSE RENEWAL THAT SHE WILL HAVE TO APPLY FOR THIS TO BE RENEWED AGAIN.
[02:30:01]
>> MAYBE FOR A ONE-YEAR PERIOD, EVERY YEAR.
>> IT'S BEEN MOVED AND SECOND THAT WE HAVE APPROVED THE EXTENSION OF THIS ALCOHOL AND LIQUOR DELIVERY FOR RED LIGHT LIQUORS.
>> THANKS FOR BEING THE GUINEA PIG ON THIS.
>> WOULD YOU LIKE AS PART OF THE ANNUAL RENEWAL, JUST A WRITTEN REQUEST TO BE SUBMITTED WITH THE LICENSE APPLICATION?
>> I DON'T THINK SHE HAS TO COME IN.
>> [OVERLAPPING] EXACTLY. JUST SUBMIT A LETTER SAYING, I STILL WANT TO CONTINUE AND RENEW IT FOR ANOTHER YEAR.
>> THANK YOU ALL. [OVERLAPPING] I APPRECIATE IT.
>> [LAUGHTER] NEXT DISCUSSION. ITEM IS HB808.
[HB808- Retail Delivery-Local Delivery Service Permit]
RETAIL DELIVERY, LOCAL DELIVERY SERVICE PERMIT.>> YES. THIS DID PASS AT THE LAST LEGISLATION DELIVERY WITH THE APPROVAL OF EACH LOCAL JURISDICTION.
THIS IS ALSO TALKING ABOUT A THIRD PARTY LIKE DOORDASH OR I DON'T KNOW ANY OTHER ONES.
>> THEY WOULD ORDER THROUGH THE WEBSITE.
IT'S ALMOST THE WAY I HEARD IT EXPLAIN LIKE 1-800-FLOWERS.
YOU CAN GO TO 1-800-FLOWERS AND ORDER IT, AND THEN THAT WEBSITE SENDS IT TO SOMEBODY LOCAL, AND THEN THAT PERSON WOULD FILL THE ORDER.
BUT IF THE THIRD-PARTY PERSON DELIVERING IT WOULD HAVE TO COME IN IF THE LOCAL JURISDICTION APPROVED THAT, THEY WOULD HAVE TO GET A PERMIT TO BE ABLE TO DELIVER THAT.
WE HAVE NOT HAD ANYBODY LOCAL COME ASK ABOUT IT AT ALL, BUT WE JUST WANTED TO BRING THIS UP TO YOU SINCE IT DID PASS.
>> YEAH. IT'S JUST THE BOARD WOULD HAVE TO DECIDE WHETHER THEY WANT TO ALLOW THIS OR NOT AND ISSUE A PERMIT AND CHARGE A FEE.
I THOUGHT WAS TODAY, THIS BRING THIS TO YOUR ATTENTION TO DECIDE WHETHER THAT'S SOMETHING YOU WANT TO DO OR NOT.
>> IS THIS SINCE OUR RULES AND REGS ARE OUT OF DATE?
>> NO. THIS IS IN THE STATE LAW.
>> [LAUGHTER] I THINK IF ITS A STATE LAW, WE SHOULD DO IT.
>> BUT THE STATE LAW DOES STATE THAT THE LOCAL JURISDICTIONS HAVE A RIGHT TO DECIDE WHETHER THEY WANT TO ALLOW THIRD-PARTY DELIVERY OR NOT.
WHEN THIRD-PARTY DELIVERY, YOU'RE TALKING LIKE DOORDASH, UBER EATS.
>> I'VE BEEN SAYING THAT THE WHOLE TIME FOR THE WHOLE YEAR THAT SHE KEPT COMING IN HERE ABOUT IT OR WHATEVER, I SAID, "YOU GOT TO DO IT BECAUSE YOU CAN ORDER WINE OF IT," AND THEY'LL DELIVER IT BY FEDEX, AND EVERYTHING ADDS UP NOW.
>> I DON'T PARTICULARLY LIKE IT, BUT I THINK WE SHOULD ABOUT THE STATE LAW.
>> IT'S BEEN THERE. THE LAW IS JUST CATCHING UP ON WHAT THEY'VE BEEN DOING.
>> WELL, THERE'S DEFINITELY SOME THINGS TO CONSIDER.
HERE, YOU'RE DEALING WITH A LICENSE HOLDER THAT IS HERE.
>> SHE'S DOING WAY MORE THAN [OVERLAPPING].
>> A THIRD-PARTY DELIVERY PERSON.
I MEAN, I DON'T KNOW WHO'S OPERATING DOORDASH, AND UBER, AND UBER EATS, AND ALL OF THOSE TYPES OF SERVICES.
BUT AGAIN, THEY WOULD STILL BE ACCOUNTABLE TO THE BOARD, WOULD GET A PERMIT.
IF THEY'RE FOUND IN VIOLATION, THERE ARE PROVISIONS IN THERE FOR FINES AND WHAT THEY'RE SET OUT TO BE, BUT THE LEGISLATURE DID LEAVE THAT OPTION UP TO THE LOCAL JURISDICTIONS.
THEY DIDN'T JUST SAY, YOU'RE GOING TO ALLOW THIS.
I KNOW THERE'S BEEN LOTS OF TALK ACROSS THE STATE OF CONCERN WITH THIRD-PARTY DELIVERY AND HOW COGNIZANT THEY'RE GOING TO BE OF THEIR DELIVERIES AND MAKING SURE THEY'RE DELIVERING WITHIN THE JURISDICTION NOT TO DELIVER TO UNDERAGE.
I THINK THAT'S HEARD A LOT OF THAT ON THE STATE CALLS, JUST DISCUSSION WITH THE OTHER BOARDS.
>> BUT YOU'RE SAYING THEY HAVE TO APPLY.
>> WE WOULD HAVE TO CREATE A PERMIT APPLICATION AND ESTABLISH THAT FOR THEM TO COME TO YOU TO GET A PERMIT.
>> BUT THIS IS SOMETHING TOTALLY DIFFERENT THAN WHAT RED LIGHT SAYS?
>> WE'RE ALREADY ALLOWING IN THE COUNTY.
THIS IS SOMETHING TOTALLY DIFFERENT.
THIS IS ALLOWING THIRD-PARTY STATE.
>> YES. STATE LAW NOW ALLOWS A CURRENT LICENSE HOLDER TO DELIVER THEIR ALCOHOL AS LONG AS THEY GET WRITTEN APPROVAL FROM THE BOARD.
THE NEW LEGISLATION WOULD ALLOW EXPAND THAT FURTHER TO THIRD-PARTY DEALERS WHO ARE NOT LICENSE HOLDERS TO BE ABLE TO DELIVER ALCOHOL.
BUT THERE'S JUST LOTS OF DISCUSSIONS ABOUT HOW IT'S ORDERED,
[02:35:03]
HOW RECORDS [NOISE] ARE MAINTAINED.WHERE IT'S PICKED UP FROM? YOU DON'T HAVE TO DECIDE TODAY.
WE DON'T HAVE ANYBODY KNOCKING ON THE DOOR, ASKING FOR A PERMIT, BUT JUST WANTED YOU TO KNOW THE REGS HAD PASSED.
YOU HAVE THE ABILITY TO ALLOW THAT OR NOT ALLOW IT.
>> THIS IS SOMETHING REALLY, JUST ME THINKING, THIS IS SOMETHING UNTIL WE ACTUALLY HAVE SOMEBODY THAT WANTS TO APPLY FOR A PERMIT AND ASKED ABOUT IT.
DO WE REALLY NEED TO ADDRESS THIS AT ALL?
>> WE NEED TO BE ABLE TO ADVISE THE PUBLIC IF SOMEBODY DID COME IN AND ASK, CAN I GET A PERMIT? WE SHOULD BE READY TO TELL THEM AT SOME POINT TO SAY, YES, CAROLINE COUNTY IS ALLOWING THAT OR CAROLINE COUNTY IS NOT ALLOWING THAT.
>> I DON'T THINK WE NEED TO WAIT UNTIL SOMEBODY COMES IN FOR IT.
I THINK WE NEED TO GO AHEAD AND.
>> I MEAN, IF YOUR DECISION TODAY IS [OVERLAPPING]
>> ON THE AGENDA OR WHATEVER FOR NEXT TIME TO HAVE IT SO THAT WE CAN MAKE A VOTE ON IT BUT [OVERLAPPING]
>> TAKE A LOOK AT THE REGULATIONS.
>> GET INTO PLACE, YOU CAN'T WAIT UNTIL SOMEBODY COMES ALONG.
>> NO. TAKE A LOOK AT THE REGULATIONS. THINK ABOUT IT.
>> CAN YOU SEND US AN EMAIL OR SOMETHING WITH THE REGULATION OR GIVE US SOME COPY?
>> YES. I'LL ATTACH IT TO AN EMAIL, AND WE'LL GET A PERMIT OR AN APPLICATION.
>> I WOULD SAY, GO AHEAD AND TAKE A LOOK AT IT, PUT IT ON FOR DISCUSSION, SEE IF WHAT YOUR FEELINGS ARE.
IF YOU WANT TO ALLOW IT, IF YOU DON'T.
IF YOUR DECISION IS TO ALLOW IT, THEN WE CAN START CREATING A PERMIT APPLICATION AND EVERYTHING FOR YOU TO PROVE.
IF YOU DECIDE YOU DON'T WANT TO ALLOW IT, DOESN'T MEAN AT A LATER DATE YOU MIGHT DECIDE TO CHANGE YOUR MIND.
YOU COULD SEE HOW IT WORKS IN OTHER JURISDICTIONS THAT MAY OR MAY NOT BE ALLOWED.
I KNOW THERE WAS DEFINITELY SOME OPPOSITION TO IT.
[OVERLAPPING] I THINK THAT'S WHY IT TURNED OUT TO BE NOT A STATE-WIDE ACROSS THE BOARD PROVISION TO SAY, YES, LOCAL JURISDICTIONS, YOU'RE GOING TO ALLOW THIS BECAUSE THERE WAS DEFINITELY SOME CONCERNS AND QUESTIONS, SO IT GOT PULLED BACK TO SAY, EACH LOCAL JURISDICTION HAS THE RIGHT TO SAY WHETHER THEY WANT TO ALLOW THIS IN THEIR JURISDICTION OR NOT.
>> THE QUESTION IS HOW YOU STOP IT? HOW DO YOU KNOW?
>> THAT'S A BIG QUESTION THAT THEY [OVERLAPPING].
>> I KEEP GOING BACK TO FEDEX LIVER BOTTLES OF WINE.
I KNOW THAT FOR A FACT BECAUSE I'VE SENT IT ADEQUATE.
WHAT LICENSES DO THEY HAVE? HOW DO YOU STOP IT?
>> I WOULD ASSUME THEY WOULD BE GETTING THE ALCOHOL FROM OUR LOCAL RETAIL ESTABLISHMENTS.
>> I ORDER IT FROM A PLACE DOWN IN VIRGINIA AND HAVE IT SENT TO NEW YORK.
>> NO, I MEANT LIKE THE THIRD-PARTY DELIVERIES.
>> SO IT'S LIKE DOORDASH WOULD GO PICK YOUR LOCATION.
>> IF YOU ORDERED FROM RED LIGHT LIQUOR, YOU ORDERED THROUGH DOORDASH, BUT IT'S COMING FROM RED LIGHT LIQUORS AND THEY'RE JUST THE DELIVERY PERSON.
>> I KNOW FEDEX, YOU HAVE TO HAVE IT SOMEBODY SIGNED FOR IT, LIKE AN ADULT.
>> A LOT OF TIMES, THEY KNOW THE PLACE THAT THEY'RE DELIVERING BECAUSE THAT'S A PLACE THEY DELIVER ALL THE TIME.
THEY PUT THEIR NAME DOWN AND GO ON.
>> THAT'S A BIG CONCERN WITH THE THIRD PARTY ON THE STATE CALLS IS, HOW ARE YOU GOING TO REGULATE AND MAKE SURE THAT THE DOORDASHER IS [OVERLAPPING].
>> DOES THE DOORDASH GUY HAVE TO BE TIP-TRAINED?
>> THE STATE AND A BUNCH OF DIFFERENT ORGANIZATIONS HAVE SAID THAT IT'S GOING TO BE ENFORCEMENT NIGHTMARE.
>> THEY'RE THROWN A LOT OF MONEY AT IT.
I KNOW IT'S THE WAVE OF THE FUTURE, SO WE'RE NOT DOING IT.
>> I MEAN, IT IS. IT IS REALLY, ALL THE WORK THAT THEY'VE DONE IS KICKING THEM ASIDE BECAUSE THEN THE UBER, ALL THAT IS GOING TO BASICALLY BE DOING WHAT THEY'VE BEEN DOING.
>> FOR RIGHT NOW, IT'S HELPING IT OUT, LIKE THE BAR AND THINGS LIKE THAT. LET'S GO AHEAD THAT WAY.
>> BUT AGAIN, WE'LL MAKE SURE YOU GET THE REGULATIONS. YOU CAN TALK ABOUT IT.
IT DOESN'T MEAN THAT, HEY, RIGHT NOW, THIS IS BRAND NEW.
IF YOU WANT TO CIRCLE BACK LATER ON TO SEE HOW IT'S BEEN GOING AND CHANGE YOUR MIND AND DECIDE TO HAVE IT, WE CAN ALWAYS CHANGE THAT.
[NOISE] BUT AT LEAST MAKE A DECISION ONE WAY OR ANOTHER, SO THAT WAY, IF WE DO GET QUESTIONS FROM ANYONE, WE CAN TELL THEM YES OR NO.
>> MOVING ON TO THE INSPECTOR'S REPORT.
[Inspector's Report]
>> THIS MONTH, IT'S LIKE A BUSY MONTH, ESPECIALLY HALLOWEEN COMING UP.
PAST TWO WEEKS, I'VE BEEN HUSTLING AROUND, CHECKING IDS.
TRYING TO SPREAD UP MY TIME THROUGH THE DIFFERENT LIQUOR STORES, CHECKING IDS, THINGS LIKE THAT, ESPECIALLY WITH HOMECOMING JUST HAPPENED.
I WAS OUT WITH NUMEROUS AMOUNT OF PLACES THEN JUST CHECKING IDS,
[02:40:02]
AND IT WAS ACTUALLY PRETTY PACKED THROUGHOUT THE COUNTY OF PEOPLE JUST TAKING PEOPLE TO DINNER.THE OTHER NIGHT I WAS OUT, I WENT OUT, I FOLLOWED THESE, I DIDN'T EVEN MEAN TO FOLLOW THESE FOUR BOYS AROUND, BUT EVERYWHERE I WENT, THEY WERE SHOWING UP.
THEY SAW ME BECAUSE I WAS IN MY SHIRT, AND WE WERE TALKING TO CUSTOMERS.
THEY TURN AROUND, WALK AROUND THE OTHER WAY.
THEY SAT IN RED LIGHT'S PARKING LOT FOR TWO HOURS, AND I WENT INTO RED LIGHT, WE WERE WATCHING THEM ON CAMERA.
THEY'D HEM AND HAW, AND THEN THEY'D BRING ANOTHER TRUCK UP THERE AND THEY'D WALK UP AND THEY'D LOOK TO SEE THE COUNTY TRUCK, AND THEN THEY'D WALK BACK.
IT WAS FUNNY TO WATCH THAT, BUT I THINK IT'S SERVING THE PURPOSE OF ME GOING OUT THERE, CHECKING IDS, JUST LIKE [INAUDIBLE] POINT.
SINCE I'VE STARTED DOING THIS, THEY'VE NOT HAD AS MANY SALES.
GETTING OUT THERE, BEING SEEN, CHECKING THE IDS IS A DETERRENT.
JUST GOING AROUND TO ALL THESE HALLOWEEN STUFF, HELPING FEDERALSBURG PD AND SOME INSTANCES THAT THEY'VE NEEDED HELP DOING.
LIKE I SAID AND JUST TRYING TO GET SOME STUFF TOGETHER.
I KNOW THAT ME AND CRYSTAL HAVE TO HAVE SOME MEETINGS AND TALK ABOUT SOME STUFF.
BUT JUST THIS MONTH, NEXT MONTH IS GOING TO BE SWAMPED.
>> HALLOWEEN, THANKSGIVING, AND CHRISTMAS, [OVERLAPPING] AND NEW YEAR'S.
>> WE WILL BE BUSY IN JANUARY AND FEBRUARY.
>> WORKING UNTIL 1:00 TILL IN THE MORNING, STUFF LIKE THAT.
[Board Administrator's Report]
>> RED LIGHT, THEY HAD A LIQUOR AND WINE TASTING OCTOBER 5TH, AND THEY DO HAVE ANOTHER ONE COMING UP THE NOVEMBER 15TH.
ORIGINALLY HAD THEIR [INAUDIBLE] BASH ON THE 28TH. I BELIEVE IT WENT.
>> I WENT TO THAT AS WELL. EVERYTHING WENT GREAT.
FOLLOW A COUPLE OF COMMISSIONERS THERE.
>> CASA HAS THEIR TRIVIA NIGHT, TOMORROW NIGHT. THAT'S COMING UP.
VIRGIA EXON DID COME IN AND I ISSUED THEIR LICENSE OCTOBER 8TH. WE GOT THAT.
THEN THE LEGISLATIVE REQUEST MEETING IS OCTOBER 22ND, AND IT WILL BE HERE.
THE MEETING STARTS AT 9:00, BUT THE LEGISLATION PART DOESN'T START TILL LATER BECAUSE THEY HAVE SOME OTHER AGENDA ITEMS GOING, BUT IF YOU WANT TO SEND, THAT'S OCTOBER 22ND.
WE HAVE THE TWO BILLS GOING OUT, THE EVENT'S VENUE LICENSE, AND THEN THE STORAGE FOR THE MULTI-EVENT LICENSE HOLDER.
THEN OUR NEXT MEETING IS NOVEMBER 20TH.
IT'S A WEEK EARLIER DUE TO THANKSGIVING.
>> I WAS TALKING TO MIKE BEFORE YOU CAME IN ABOUT TRYING TO MAYBE MOVE SOME OF THESE THINGS THAT WE DO QUICKLY.
I KNOW WHAT YOU GUYS THINK ABOUT IT, BUT I FEEL A LITTLE SORRY FOR THIS.
>> I WONDER IF WE COULD HAVE MADE OUR TEMPORARY APPLICATIONS.
>> IS IT MEMBER OF CHAIN OF COMMAND ON THAT?
>> NO. IN THE PAST, YOU WOULD SET TIMES FOR HEARINGS, AND THEN YOU'D FIND THAT SOMEBODY'S RUNNING LATE.
YOU COULDN'T TAKE THE NEXT ONE BECAUSE IT WASN'T PUBLISHED TO BE HEARD UNTIL 9:45.
WHEN IF YOU DIDN'T HAVE A SET TIME AND EVERYBODY IS 9:30, YOU COULD TAKE THE NEXT PERSON.
HAD YOU HEARD THEM FIRST, HE WOULDN'T HAVE BEEN HERE.
IT GIVES YOU THAT FLEXIBILITY TO REORDER THAT AGENDA BECAUSE EVERYBODY'S PUT ON NOTICE THAT THE MEETING STARTS AT 9:30, AND EVERYTHING IS SCHEDULED TO BE HEARD, SO THERE'S NO SET TIME.
YOU CAN CERTAINLY AMEND THE ORDER OF YOUR AGENDA AT THE BEGINNING OF THE MEETING.
IF YOU FEEL OR IF YOU JUST LIKE US TO START PUTTING THE TEMPLATE LICENSES FIRST, WE CAN DO THAT.
>> I'D RATHER DO THAT WAY DAILY.
>> [INAUDIBLE]. WE KNOW THIS IS GOING TO TAKE A LITTLE BIT.
>> I MEAN, IF YOU GENERALLY HAVE A VIOLATION HEARING OR A NEW OR TRANSFER LICENSE, THEY'RE GOING TO TAKE A LITTLE BIT MORE TIME.
PUT THE TEMPORARY LICENSE STUFF FIRST, AND THEN HEAR THE VIOLATION WORK.
>> WE CAN DO THAT. THEN AGAIN, IF YOU DECIDE AT THE BEGINNING OF THE MEETING YOU WANT TO REORDER THE AGENDA, YOU CERTAINLY CAN DO THAT.
[02:45:01]
>> I MAKE A MOTION TO CLOSE THE MEETING.
>> MOVED AND SECOND THAT WE CLOSE THIS MEETING OF THE CAROLINE COUNTY BOARD OF LICENSE COMMISSIONERS FOR WEDNESDAY OCTOBER 16TH, 2024, AT 12:15.
* This transcript was compiled from uncorrected Closed Captioning.