Carroll County, MD Board of License Commissioners, 13 Jan 2021

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From YouTube: Board of License Commissioners Afternoon January 13, 2021

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https://carrollcountymd.gov

A

We're now back in session uh for the next five minutes.

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Commissioners, you've received a copy of the minutes of december meeting of the board.

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Are there any corrections or additions to the minutes we can get them approved before.

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1 30., uh I don't have any. uh Mr chairman, I don't have any mr mo whitney. I do not have any. Thank you.

A

Okay, the minutes will be approved of the december board meeting as.

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A

Several the uh are there: is there any old business before the commission.

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A quick question: what's the status of the letter that we are preparing.

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For possible legislation is that under consideration still.

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B

Well, there was one draft- I guess after tomorrow, there'll be there'll, be another draft I'll look.

B

At it again, tomorrow send another draft, so that's still under consideration right. Yes,.

A

Okay, any other old business. If not, our new business will require possibly.

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Some discussion uh of not a long discussion but some discussion for several minutes so.

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With that, we will wait for about a minute before we go back into session to hear case 6280. So.

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I see we have them.

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Is there anyone.

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Time I would ask our attorney mr dixon to please call case 6280.

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All right case 6280, a class b beer, one and liquor license issued to stephen tiedemann.

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For the use of gt westminster, llc trading is green turtle, sports bar and grill 830 market.

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Street westminster maryland two one, one: five, seven violation: hearing sale to a minor and to file this matter. We have the following documents:.

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A delivery of notice of hearing uh acknowledgement.

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Of receipt of letter dated october 26, 2020 delivered by hand on.

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October 30th 2020.: this is october 26 2020 letter from jovance to steven heathman.

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There is a alcohol compliance violation sheet dated october 22nd, 2020 and completed and signed.

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By inspector charles carey, there is a notice of violation for selling alcohol to persons under 21.

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On the letterhead of brian d, leonardo state's attorney and it was signed by a server rachel.

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Owners there is a photograph of the volunteer at a table with a bottle of bud light.

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There open there is a driver's license of the volunteer that shows he is under 21 until july.

B

31St 2021, I would ask that the file be entered into evidence, we'll accept that in evidence.

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But this time I would ask all those who intend to testify in this case please stand and raise.

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Your right hand and be sworn in by ms vance: do you swear or affirm under the penalties of.

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Perjury that the testimony you're about to give is the truth, the whole truth and nothing. But the.

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Truth, I do, I do thank you as we proceed with this case. I would ask all those who intend to testify.

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When they are called upon to please state your name and your address for the record, please.

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With that specter kerry, are you presenting this on behalf of the commission? Yes, sir,.

A

Please proceed all right good afternoon good afternoon uh liquor board inspector.

D

Charles kerry, from the carroll county hill liquor board on 22 october of 2020.

D

At 3 25 pm I had an underage volunteer, enter the green turtle. Restaurant.

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Of westminster, which is located at 830 market street westminster maryland, I had him sit.

D

At the bar and order an alcoholic beverage, a volunteer was served, a bottle of bud-like beer.

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The server miss owners did not ask our volunteer, who is only 20 years old for any form of id. I.

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Spoke to the server miss owners, who advised me that she did not ask our volunteer for any id.

D

She had no reason for not asking for id other than he looked old enough. Mr earners is not tip.

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Certified and now all our paperwork was signed and completed, and also our request that both.

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Photos in this case be entered into evidence and that's our case. We'll accept them into evidence.

A

Mr tiedemann or.

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Who will be presenting uh your facts of what happened and so forth right.

E

uh Can you hear me okay, sir? Yes, sir? Okay, good so um steve, tiedemann.

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I am the resident agent for the green turtle, I'm also an attorney. um I.

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Am have been the green turtles uh resident agent for quite some time, I'm not appearing here. I am.

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Not appearing here today as an attorney for the green turtle, but as the resident agent. So I just.

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Want to be clear about that, and what I'm going to do is just let the various representatives.

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Of the green turtle uh go and turn the ones that are on the phone and also here by video.

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To explain what happened, I can tell you that, upon learning of this incident I was.

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You know, as you may guess, not very happy and taken aback and followed up with shelley who's on the.

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Phone about what sort of hr measures were taken with regards to this server and she can certainly.

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Provide more information about that uh and uh all I can do is uh you know, throw myself on the the.

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The floor and and ask for uh the mercy of the of the commission with regards to this particular one.

E

Instance, I know that it generally has not been a problem for us in the past to be serving minors.

E

uh And it should not have happened this time um and I'm stunned that the I'm.

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Stunned that the uh that the server did not uh even ask for an id um so with that.

E

uh I'll just turn it over, I think uh shelly and then shelly. You can.

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Decide which one of our people should be. You know talking to the board about what happened.

E

And certainly the board should feel free to directly ask questions of anyone, including myself.

E

Because again, I'm not I'm not counsel for anybody here, I'm I'm the resident agent so.

A

Miss shelley are you there yeah, I'm here, I'm shelly collins, I'm the vp of hr for the green.

F

Turtle I have on the phone with me: randy black um and jay green randy. Black is the general manager.

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Of our westminster location and jay green is our senior director of operations and supervises randy.

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Randy has put together information regarding this incident again. um This is not typical of us.

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We are um employer in good standing as it refers to serving properly and I'd like to turn the.

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Floor over to randy to speak specifically about this individual that hired was hired.

F

During the pandemic and back to kind of within the pandemic on how our training was a little lapsed,.

F

It is truthful that this serve. This bartender was not tip certified, as we were working through.

F

A pandemic and trying to get all employees tips certified, so I'm going to go ahead and turn it.

F

Over to randy black hi, my name is randall black. The general manager here over at uh the west.

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Minister location, um I live at sixth garden lane hanover pa one seven three, three one.

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That's me so I'll be the one discussing it uh answering some.

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Of the questions directed towards me uh and going over the incident uh for you.

G

um I'd like to start off by saying, like uh serving alcohol, is an honor privilege.

G

We take it very very quickly, it's on top of my mind every day, it's on the top of.

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Our employees minds every day in my whole career. I've never had an incident like this. I've never.

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Had an employee who's worked for me, who has served uh someone under 21.

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And I've been in india for over 10 years. I have four young boys of my own uh and.

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And this is something that I despise despicable and something that really hits home for me, uh some.

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Of the things that we're doing, um uh I do continue to do is all of our front of house team members.

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Are tip certified within 30 days of employment uh since the pandemic we usually hold classes.

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We had some trouble there, but we're back on track and then so all of our current employees are tip.

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Certified, um as with that 30 day time frame, we also conduct monthly trainings um around.

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Safe serving alcohol safely, not just the miners making sure we are not serving over serving anyone.

G

It's hugely important, so we do a monthly training. We also discussed it in our.

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Weekly and daily meetings that we have um any articles that I've seen come through on your end.

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uh Especially minutes and different things uh we talk about and we discuss heavily.

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Things happening in the area, uh so it's on the top of everyone's mind.

G

A part of that training process as well is when you get hired at the green turtle.

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We discuss in the interview process, um we have two trainees that go that are involved.

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With this one's called safe alcohol service and the other one is called serving alcohol.

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Responsibility uh and every single person who's in the front of house goes through these trainings.

G

They're about an hour too long and they're very detailed um and very formal on top of that, our.

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Handbook states it's very clearly anyone uh 40 years uh or or we id every single person.

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Under 40 years, old and vertical ids are not accepted here. Anyone who has a vertical id.

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Under any circumstances, or not are not accepted at our location.

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And anyone who violates that policy under any circumstances.

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uh Gets out of the fullest extent by us.

A

Commissioner, do you have any questions of uh mr back.

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Or mr tiedemann, I don't have a quick question for mr tederman. um You were the resident agent.

H

For the corporation, uh yes, uh are you a carroll county resident? Yes, okay, thank you.

E

I do I actually I mean I actually own property in carroll county. um I reside in carroll, county.

E

I also own property in other jurisdictions as well, but thank you. um I did want to add a few things.

G

I know that uh we've passed uh many of these last one was most recent after uh we had uh someone.

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Come in november, 30th um was our most recent one two months ago uh and we did pass that one.

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Also we're we're always open and uh trying to help uh anything we can do in carroll, county.

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We also participated in a um a skiing device so that we could help get big ideas off the streets.

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I know I worked with keith um and we brought him he came in. He asked me to participate and I'm more.

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Than welcome and always willing to participate in these things, um and we were actually who.

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uh Gets ideas out there and we're always willing to cooperate and do whatever we can.

G

For the community to make sure we're doing our part.

H

um Mr black, it looks to me and you'll probably probably agree with this- that.

H

This is the first violation uh that we have on our records uh going back to 2014.

H

Just like that, I'm sorry 11 consecutive successful compliance checks uh that this.

H

Is the first failure um for the restaurant? Does that sound right? Yes, sir, and I know that.

G

And like uh mr teedam and I was stunned uh immediately, I was called um uh and we took the.

G

Proper actions right away uh right then, and there uh it's something that I was I was baffled because.

G

It's something that I do hold all employees accountable. One of the things that we talk about.

G

Very often yeah, and I think it testified that you have um two in-house training courses.

H

Yes and that's in addition to requiring a tips or tam certification uh within 30 days of employment,.

G

Yes, sir, uh so tell us about the server um ms owners honors. How long has she been working.

H

There at this time, she was hired uh right when we were coming back from the pandemic.

G

So around uh mid to late july, she had started. She had some experience with some other restaurants.

G

When we brought her on, um she was, uh she started as a server and she became a bartender.

G

That would have been her, probably second or third week, bartending.

G

And yeah, that's I mean that's, that's that she went through all the training she.

G

uh We expressed the importance all the other, all the other boardrooms and addressed the importance.

G

um Of it, uh but she was only with me a short time. uh She was one of our new hires, so uh under.

G

Like three months she was with us, so she's gone. Is that what you're saying.

G

Yeah immediately after the incident, uh she was terminated for volley in company policy.

G

Serving a it doesn't matter who you are, you could be here for a very long time. We take.

G

It that seriously, uh it doesn't matter. um If there's someone under 21, then okay.

H

Well, thank you.

A

Mr commissioner, winnie do you have any questions of mr black or mr t? Yes, I just want to get some.

I

Clarification, mr black, so although she was not tips trained or certified, is your testimony that.

I

She did have the two in-house trainings prior to this incident, or did she not.

G

Yes, ma'am she had both in-house trainings, along with the signing of the handbook uh that clearly.

G

States our policy around serving alcohol included in that would be also our monthly trainings. That.

G

We conduct uh and our weekly meetings that we have discussing uh important topics and.

G

Alcohol is always on on that. On my commute, I have a communication board for bartenders, one of the.

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Articles that are on there is the most the most recent up-to-date information uh regarding alcohol.

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How can affect them as the bartender slash server and the importance of it? uh So I have that four.

G

Great when you walk into the bar, it's right there with information, uh obviously always top of mind.

I

And so when you say, your in-house policy is to card if they look under 40., yes, ma'am under 40.

G

uh And we don't accept any vertical ids. Okay and additionally, you say you, you do have the employee.

I

Sign the paperwork that they've gone through training to verify that that, in fact did happen.

G

Yes, ma'am uh during our training process, they get signed off by the manager, uh along with.

G

During the handbook is signed um on the computer, uh and another thing is during our validation.

G

When we're going through and kind of giving the the go-ahead for our training process.

G

If someone's not parted, um because usually I'm sitting down or one of my co-managers.

G

Sitting down on it, if they don't id uh during that time, it's an automatic.

G

Fail and they do not pass the training process to even get put onto the floor.

I

Thank you. That's all. I have.

A

Any other questions, mr black foreign.

E

If I could, if I could just make one additional comment,.

E

um So I have uh many of you may know, I don't know I have. I have nine kids.

E

um Many of whom are adopted and they range from 27 to to three or four I'm sorry, three and uh anyway,.

E

So, throughout the years I always have some kid that is somewhere between the ages of 17 and 21.

E

And so I occasionally go there with my family and see if one of my volunteer children can.

E

Ask and get a drink um and I've never run into any problems where anybody's ever.

E

Served one of them, that's not to say that it's, you know statistically significant, but um you.

E

Know we all are aware of it and we all care about carroll, county and carroll county youth. um So.

A

There are no other [ __ ]. If there are no further questions of uh mr teetum or mr black at this time, uh is it shelley? Yes, sir.

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Do you have any comments to make? I do.

F

Not commissioners, any other questions before we close testimony. Yes, sir.

A

At this time, testimony in this case is closed and we will move into any closing or final statements.

A

That you would like to make mr tiedemann, do you like to make any final comments.

E

um Yes, just that, there's no excuse excuses, I'm not making any excuses.

E

um And uh it's more than regrettable, it's it's unacceptable and I know that the people I've.

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Talked to with uh green turtle, and my own involvement is that we endeavor this not.

E

To happen, uh it has happened, we don't deny it and we just ask for your consideration.

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Inspectors, do you have any closing comments? No, sir! Not this time.

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At this time, testimony and evidence is closed. We will now discuss the merits of the case.

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uh But before we do, um I assume, uh as a sometimes for lunch of the establishment, uh it's been my.

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Experience to witness numerous times where ids were requested.

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Of patrons that my personal opinion was that they're not near as old as I am, but they.

A

Certainly, look like they were in their 40s or 50s. So with that being said, that's my only comment so.

H

Mr chairman, um if I may make some comments, uh I think it's. I think it's perfectly clear that this.

H

Licensee is doing a good and thorough job um better than norm than almost any licensees. That.

H

Have come before this board since I've been sitting on it in connection with preventing.

H

Underage sales, mr black, has has testified to a litany of things which I and they're all good.

H

And I think they're all significant. uh He testified that all the servers are.

H

Tips are tam certified within 30 days and that all current servers are alcohol management. Certified.

H

uh Mr black testified that there are monthly training courses regarding a.

H

Safe service of alcohol, which is very commendable again, there are two in-house training courses that.

H

Employees go through in addition to the alcohol management courses that they're required to take.

H

They don't accept vertical ids, which I I think is a is a good policy to prevent problems like.

H

We're seeing um frankly as sometimes uh a licensee can do all they can do reasonably.

H

And these things do happen. Anyhow, I think it's significant that this is the first.

H

Compliance failure on the part of green turtle westminster.

H

And by my account, they had uh 11 successful consecutive compliance checks up until this one.

H

I I think this licensee is doing everything it can. I think, they're doing a good job.

H

Sometimes it doesn't matter how hard uh an effort licensee puts forward people.

H

Are human things happen and I think the circumstances as described that this.

H

Occurred during a period where there are some all restaurants are experiencing some difficulties.

H

Being open would being closed with getting training with other things.

H

um That's not an excuse, but but I think it's uh I think it's it's an explanation about how perhaps.

H

This particular server, um maybe missed some of the important training that the.

H

Green turtle offers those are my comments at this moment, mr uh I mean mr chairman.

A

Commissioner, whitney uh I agree with commissioner barnhart, it looks like the grain turtle is very.

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Adamant about making sure that they're responsible community members and and making sure that.

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This is not a common occurrence in their establishment.

H

Mr chairman, uh unless there are further comments from the board, I'm prepared to make a motion.

A

We would accept the motion at this time. Thank you, mr chairman.

H

In case 6280, I knew that this board find the licensee culpable uh for the violation as charged.

H

And fined the licensee 300 and suspend that fine conditioned on no further violations.

H

In a 24-month period from today's date, that's my motion, sir.

A

Is there a second motion, a second that motion motion has been properly made and seconded that.

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We find the licensee culpable and this commission issues a fine of 300, of which it will be suspended.

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If there are no violations in the next 24 months, is there any further discussion on the motion.

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Hearing none those in favor signify by saying aye, aye aye opposed no so ordered mr titum, and we find.

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The establishment culpable and this commission issues a fine of three.

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Hundred dollars, which will be suspended if there are no further violations in the next 24 months,.

A

If there are no questions, this case is complete. Thank you very much and we wish.

A

You all continued successful business at your establishment.

E

Thank you to the commissioners and also to miss vance and mr dixon. Thank you. Thank you very much.

A

Thank you. Thank you, mr inspector inspector ben, you mentioned to me a possible phone call uh in.

A

Regards to an addition to an existing property, uh yes, I can get her. I can get kelly schaefer.

J

On the line car shaker miller on the line about tony town liquors, if, yes, what you wish.

A

Well, we have five minutes if you can get her before. The next case is scheduled.

H

uh Mr commissioner, could I take two of those minutes.

H

For a personal reason, may I take two minutes for a personal recess? Yes, sir, thank you. While he's.

A

Getting her on the phone? Yes, we'll recess for two minutes inspector benford see if you can get her.

A

A

Yes, uh schedule that we have, there is a request from tonytown liquors to construct an.

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Addition onto its existing building building for storage of inventory, uh uh commissioner uh whitney.

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uh I think we have received and, as commissioner barnhart has returned, I think we've received a.

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Diagram with the letter from miss kelly in regards to this, do you have any questions.

A

About it or would miss kelly have any comments. I personally have none.

K

I'm here and happy to answer any questions that members of the board have. I, I think it's pretty.

K

Self-Explanatory tony tomlickers went before the tonytown planning commission and received approval.

K

For this, so the next step would be to receive any permitting approval um that they need prior.

K

To the construction of this, so so that will still be a step after this board's approval. Thank you.

A

Commissioners, barnhart malwini: do you have any objections or any questions on this.

A

Proposed request, I have no questions and I also have.

I

No objections based on their ability to obtain permits.

H

I agree with um commissioner mo wayne. I have no objections at all. Miss kelly.

A

Based upon those comments that you have heard, I certainly have no objections, so you may proceed.

A

Thank you very much. Thank you. We still got two minutes. There is a request from.

A

Ms deary, concerning the outdoor events in the summer to expand the saturdays as well as fridays,.

A

In sykesville uh inspector benford, uh this is merely a uh of addition of some dates that uh it.

A

Has been successful and well attended and well uh handled in the past? Is that correct, yes and.

J

The rain date for all during the week is sunday from three to six in case it rains friday night.

A

Commissioners, you you should have res excuse me- should have received a copy of that request.

A

And should be well aware of it. uh Do you have any questions or comments in regards to the request.

H

um I do not I you know, I can attest from personal experience that the sykesville police.

H

um Are there and they have a presence for each one of these events, and they.

H

The events are very orderly and I, of course, will stay for the record that I'm related to.

H

uh Miss deary, but I do not feel that that clouds, my judgment whatsoever. Thank you.

A

Mr marwini, do you have any objections or questions.

I

I do not have any questions and I do not have any objections. Thank you with that being said,.

A

Please convey to them that uh of our approval and with that being said,.

A

My watch says it is.

J

One more thing: I will contact.

J

Patapsco destroying and have a letter from them also requesting to be a part of this event.

A

I'm sorry, I do not have formal requests from them, even though they're in on the diagram and.

A

Have been in the past, no, we have no, we have not had formal requests from them yet, but I will get.

L

Formal requests from them, I'm sorry keith who's, whose request is not formal, patapsco disturbery.

H

Yeah, they have in the past, always joined in uh and they have a separate outdoor area.

H

And they participate in these events all the time and they have written a letter in the past.

J

Requesting it, but I will have them, write another layer just make sure everything's taken care of.

A

The letter that I'm looking at says for the past four years, the vinyl and maine joined.

A

With two other businesses, sykesville pottery and arts, center and patapsco distillery to present.

A

Tgif on maine, it's finally friday, blah blah blah blah.

A

But you might want to clarify, but I would assume from that comment that they are on board with.

A

That said, we'll move back to our agenda. Our two o'clock case is 62-81. Mr dixon, please.

B

All right case 6281 a class bc beer one and liquor license with catering issued to timothy m catrocco.

B

Colleen m hunter and joseph g kern for the use of og olive garden of westminster, inc.

B

Trading as the olive garden italian restaurant, 500, gorsuch road westminster, maryland 21157.

B

Violation hearing sailed to a minor and follow this matter. We have the following documents.

B

Hey notice of intention to defend with the box checked.

B

I do not intend to contest the elect violation dated november 11th 2020.

B

There's an email to joe vance from uh leanne colt calderon. um They did november 17 2020.

B

Says that uh randy deloach general manager amber.

B

Mcgarrett will be at the hearing, along with tim, catrocco and leanne.

B

There's a delivery for notice of hearing.

B

Acknowledge receive a letter dated october 26 2020, delivered by hand on october 30th 2020.

B

His october 26 2020 letter from joe vance to timothy catrocco, colleen hunter and joseph kern.

B

And there's an alcohol compliance violation sheet dated and completed october 28 22nd 2020 completed.

B

By and signed by inspector charles carey there's a notice of violation for selling alcohol to persons.

B

Under 21, under the stationary brian l d, leonardo state's attorney and signed by the server skyler.

B

Wheeler there is a photograph of the volunteer at a table with a glass of beer in front of them.

B

There is a vertical maryland driver's license of the volunteer that states the person is under 21.

B

Until july 31st 2021, I would ask the fi that the file be entered into evidence.

A

We'll accept that into evidence at this time. I would ask all those who intend to testify in this.

A

Case, whether via virtual or telephone, please stand raise your right hand and be sworn in.

C

You do you swear or affirm, under the penalties of perjury, that the testimony you're about to give.

C

Is the truth, the whole truth and nothing, but the truth I do I do I do. Thank you.

A

Once again before we proceed in this case, as you are called to testify, please state your.

A

Name and your address for the record, it can be a personal residence or it can be a business address.

A

With that said, inspector kerry, will you be presenting the case on behalf of the department.

A

Yes, sir, please proceed our good afternoon. uh Liquor board inspector charles carey.

D

For carroll county maryland on 22 october 2020 at 4 30 pm, I had an underage volunteer.

D

Enter the olive garden restaurant to sit at a table and order an alcoholic beverage.

D

The volunteer was served, a a glass of bud light draft beer.

D

The server miss wheeler did not ask our volunteer, who was 20 years old for any form of id. I spoke.

D

To miss wheeler the server who advised that she did not ask our volunteer for any form of id. She.

D

Further advised the volunteer looked over 35 years old. Miss wheeler is alcohol management trained.

D

But not tips or tams certified at all. All paperwork was completed and signed.

D

Also, a request that both photos in this case be entered into evidence and that's our case.

A

We'll accept that into evidence.

H

Mr chairman, I have a question for our inspector.

H

Mr kerry, um you testified that the server had alcohol management training, but it was.

H

Not tips or tam. Is that correct? No? No! It must be training for provided by the olive garden.

D

That's the only that's the only training that she knew of that was uh through the restaurant.

H

Okay, so so she had in-house training, but but not okay. Thank you.

A

Mr carrie, that completes your presentation. The case. That's that's. Okay,.

A

At this time, who is going to testify first on behalf of the licensee or the establishment, please.

A

State, your name and address, and your relationship with the licensed e lee and you're muted.

M

That's better good afternoon, mr chair. This is lee ann shrek and goss with royston muller.

M

Mclean and reed representing the applicants in this matter. um If it's okay, I will begin.

M

By way of proffer and then introduce you to all of the individuals who are on the line today,.

M

um As indicated by mr dixon, we do not intend to dispute the violation, as indicated in inspector.

M

Kerry's report, unfortunately, our server did not ask for id and therefore she was not.

M

Put in a position, she did not put herself in a position to take advantage of all the tools that darden has and field garden has in place as far as um age, verification.

M

This individual had gone through in-house training. A copy of her um training sign off is was provided.

M

To ms vance yesterday, it should be as part part of your application, skyler wheeler, completed.

M

The age, verification training and the responsible service of alcohol training both.

M

Programs are have also been provided to the board for your file. You will see from that. The response.

M

Responsible service of alcohol program is very in depth and basically mirrors a tips or tams.

M

Training certification program also included, are the enhanced aids age, verification procedures.

M

That are in place at this restaurant and again, unfortunately, ms wheeler did not chose not to.

M

Ask for id and therefore was not able to use the verification stuff to understand that this.

M

Individual was under age. First of all, they do not accept vertical id, so had she asked for id.

M

Service would have been halted immediately. Second of all, if for some reason she had asked for id, she.

M

Would have been instructed to write down the date of birth and go to what's called their dash system.

M

And enter the patrons date of birth, the dash system will then flash a green screen or a red.

M

Screen to indicate whether or not the purchaser is of age, if the red screen is flashed up, alcohol.

M

Does not get rung off if the green screen is splashed up, alcohol does get run up, but.

M

Again in this case, because she did not ask for identification, we didn't even get to those steps.

M

Which is very unfortunate, I do darden and olive garden do a tremendous job of training. All of.

M

Their employees, every single individual front of house employee, must go through those responsible.

M

Alcohol service programs, before they hit the floor and on the line here, are brandy, deloach the area.

M

Director and amber mcgarrett who's, the general manager of this location, who have, since the time.

M

Of this incident retrained, the entire staff front of house staff through these alcohol awareness.

M

Training programs having many breakout sessions for them and also included in the exhibits that.

M

I've presented are minutes, summary minutes from those retraining programs each individual.

M

Also had to retake another test, which is part of their employee files at the restaurant.

M

um Ms um deloach and ms maguire can go into further details on that. If the board is interested.

M

I just wanted to point out for the board how thorough of a job all.

M

Dart all barton does in training their employees and unfortunately, we can't control the fact.

M

That this server did not ask for id, which just put everything at to waste. Basically,.

M

So with that, I turn it over to the commissioners for any questions that you might have.

A

Missed, oh, I do I'm sorry. I do want to point out one further thing that I failed to mention.

M

Olive garden also participates in the bars program, which is a secret shopper program where a bars is.

M

An independent third-party company that will send in individuals to try and purchase alcohol from.

M

Employees and the employees either pass or fail whether or not they ask for identification.

M

um To date, this restaurant has passed every single bars inspection that has ever taken place. There.

M

Just within since the time of this violation, there's been three.

M

Past compliance check, it's typically done on a monthly basis, but because of covet, it's.

M

Been suspended since april, but I just wanted to pass that along for the board. Thank you.

A

Commissioners or questions uh I have a question: ma'am.

H

uh I might have missed it. What is the policy of when a customer is carded.

M

I'm going to turn that over to ms deloach to answer your specific.

M

Restaurant questions, ms delorge, could you please state your name and address for the record.

N

Randy deloach the address is 500 road westminster maryland, and could you please tell the board what.

M

Your roles and responsibilities are with the restaurant sure, so I'm the director.

O

Of operations and regional manager, I work hand in hand with the leadership teams in each restaurant.

N

For things such as compliances of training, human resources, hiring things of that nature,.

N

To answer your question chairman, our policy is that any employee that looks under the age of 40.

N

Is id so, ms skyler, you know she made a definite mistake which ended her employment with olive.

N

Garden, she did have all of her signed handbook agreements. The restaurant is 100.

N

To date, with all of our training, which is a replication of tams and tips- and we have also.

N

Been audited by the county on november 30th, we had um an undercover volunteer. I'm sorry.

N

Underage volunteer come in and we did pass that one as well. So I did just want to mention that.

N

When a guest um tries to order, the policy is that if they look under 40, we id them.

N

Any vertical ids are automatically denied and if they present the id, the team members write.

N

The date of birth down and enter that information into our computer system.

N

Which, then, would tell them that that guest is under age.

H

Do the employees, uh when they're trained in-house do they sign any type of document confirming.

H

uh The level of their training and when they received training, yes, sir, and that information was.

N

H

Mr bedford, looking at our wave chart, looks like.

H

Since the end of 2015, there is a string of successful compliance checks. Consecutive seven.

H

And then there is a compliance violation of september 30th, 2019.

H

A successful follow-up and then a compliance failure october, 22nd, 2020.

H

But there's a successful follow-up. So do you agree with that? That's correct.

J

Mr kerry, mr kerry has yeah.

H

So inspector kerry, I I think you said that that record that I recited is correct.

H

Yes, yes, sir, that's correct! Okay! Thank you.

C

uh If you wish to see any of the documents that miss schreckengost is referring to.

C

They were sent as exhibits to the control room.

H

I don't, I don't need to see him, I I. I trust the description that we've been given by the licensee and its representatives.

A

Any other questions.

I

um So is there anyone in the facility that is tips or tams certified? Do you do that or do you.

I

Only do in-house yes, ma'am every manager, that's um on staff, along with myself in all senior.

N

Leadership is tamps and tips certified, so there is always someone present on every shift. That is.

N

Certified we don't have it for our team members, but all of our management does have it. Okay and.

I

um Since your last violation of september 30th, which was just a little over a year before the.

I

Current one did you make any changes within the facility to prevent it from happening again.

N

So we stopped taking vertical ids. That was one of the changes that we made after the september.

N

Occurrence um again had ms walker, I asked for the id that would have been something for her and we.

N

Do have the same training, however, we do have uh quarterly training. That was something new that was.

N

Additionally, put in um and back to what our representative has stated on december 15th, we.

N

Had another uh breakout session that included all staff training for responsible alcohols to.

N

Go over that information once again and then, since the occurrence in october of this year,.

N

Managers have a minimum requirement that I have set forth, that they have.

N

To observe team members go to the tables recommend beverages if one is ordered.

N

Verify that they are asking for the id and utilizing the dash terminal as a tool, if not.

N

It's uh automatic determination for a violation of our enhanced responsible alcohol sales program.

C

Thank you you're welcome. Thank you. I mean we may have mentioned this and I could have easily.

H

Not missed it, but how many servers do you have currently at the restaurant 43 at this location.

H

And how many managers do you have I'm sorry, mr chairman,.

A

No, that's what I was going to ask. There's a foreign to the size of this restaurant. There.

C

Only is eight servers on at any one time, so it's one manager to eight server ratio on a.

N

Friday, saturday night, one manager to five server ratio on a sunday through thursday.

H

And I think you testify, there is always someone on the premises.

H

Who has yes, that is correct. Tips are tan certified and they're managers. Yes, sir, that's correct.

H

That that's something that this board prefers, because there are some.

H

Places where uh they have designated.

H

People who are certified but they're not always on the premises, so that's a good policy. Thank you.

A

Mr barnhart, you have any further questions. I'm sorry, mr chairman, uh no not this moment.

A

Commissioner marwini not at this moment, sir. Thank you miss leanne. Would you have anyone.

A

Else to testify or represent, I do not gordon I. I do not have any further testimony for the board.

A

uh I see before me, uh I assume the three licensees.

M

If so, just hold your hand up, but there's another gentleman here who has not been recognized. Mr boyd.

A

He's for the next case later this afternoon, he's for the next case.

A

Commissioners, you have any other questions of the licensee or their.

H

I didn't, I did not.

A

Testimony, therefore, is closed. In this case, we will move into any closing remarks or closing comments.

A

This time, council, would you like to summarize or make your closing statement.

M

Yes, thank you very much, mr chair. I would just like to summarize, as the testimony has been presented.

M

Olive garden does a very, very good job of training, their employees and keeping them up to date.

M

On what is required for responsible alcohol service in their restaurants, it is unfortunate.

M

Here that we had a server who did not follow the policies and procedures that were in place.

M

At this location, but all the tools are available to every server who works at.

M

This location, we would ask that the board take that into consideration in your deliberations.

A

Thank you inspectors. Do you have any closing comments? I know so not this time.

A

Testimony, therefore, is closed in the case.

A

We will now discuss the merits of the case as presented to run a decision on behalf of.

A

The board of licensed commissioners, uh mr chairman, I agree with council's closing statement.

H

uh Completely um looks like this is a case similar to the one that we have just heard.

H

Where a licensee, a restaurant in this case is makes uh fairly extraordinary efforts to prevent.

H

This from happening, and yet it did uh this is a case- looks like where the employee just did.

H

Not follow policy the policies in place again, as council mentioned, all the tools are there.

H

To help servers not fall into this trap, but this one did it's regrettable, but.

H

I'm not sure how much more the licensee could have done uh other than.

H

Post centuries around the restaurant, uh this is a case where server failed to follow policy.

H

That's also should be noted that there have been two violations in 13 months.

H

Which is a somewhat of a concern, but I do think that this licensee.

H

Is doing a good job by and large of preventing underage sales.

A

Commissioner marweny, I agree with mr commissioner barnhart. uh It's unfortunate that this.

I

Employee did not follow policy. um I understand that that kind of ties the hands.

I

Of the establishment- but I also understand, unfortunately, this is the second violation.

I

Just shortly over a year, um so that concerns me as to being so close to each other.

I

If there are no further comments, I would be prepared to make a motion.

H

I guess the only comment I would make, mr chairman, is that I don't know this was even mentioned. That.

H

There, prior to these uh two failures, there were seven successful consecutive compliance.

H

Checks that may have been mentioned, uh but uh it may not. So I'm just gonna put it on the record.

H

Thank you. Thank you for no other comments. uh Commissioner marwini, you mentioned you.

A

Were prepared to make a motion? Yes, sir, um I mentioned that I find in case number 6281.

I

For the olive garden violation of sale to a minor that I find the establishment culpable.

I

And would assess a fine for their second violation of six hundred dollars.

H

um Mr chairman, before I second that motion I I do want to point out that, if.

H

The motion involved a suspension. I would feel that's appropriate, but I also feel that.

H

The commissioner's motion as it stands is also appropriate, so I will second the motion.

A

So motion has been made and properly seconded that we find the licensee.

A

Culpable and a fine of six hundred dollars be assessed.

A

Is there any further discussion on the motion.

A

Hearing none those in favor of the motion, please signify as saying aye.

A

Opposed no so ordered we find in the case of 6281 the licensee culpable and assess a fine of 600.

A

To be paid within 30 days of the official written notice, which you will receive.

A

Are there any questions.

A

Hearing none hearing, none this case is complete and we wish you continued success and hope that.

A

All of your efforts do not go in vain, as you have established. A fine pattern for training and.

A

Unfortunately, we still deal with people who make mistakes so best of luck to you and hopefully that.

A

You continue to have a successful business with that this case is dismissed and close.

M

Thank you all enjoy the rest of your afternoon. Thank you.

A

Commissioners, while we're waiting for the next case uh in our.

A

Official business, you have a request from uh joe hansen's uh for an extended area to be able to.

A

Serve we've got about five minutes. uh What are your thoughts or questions.

A

My my comment is: uh it's a little, in my opinion, it's a little bit too far from the base, but.

A

I could be wrong.

I

I'm sorry I had the same concerns myself.

H

So it looks like um service comes from the kitchen, either through an alley or.

H

Across a sidewalk is that correct, mr benford you're, uh you're, muted, keith.

J

I'm sorry about that. Yes, that comes out the back door across the parking lot of the jewelry store.

J

Which is probably about 80 feet and then comes up the back alley to this location.

H

And they'll be carrying alcoholic beverages through that alley. They're going to have a.

J

Bar my understanding is, I got a message in the dave johansson to call in I'm understanding that.

J

The bar is going to be in this area that they're going to secure each night they're going to bring.

O

Food from the kitchen, but I have a message in the dave to call in when I get hold of him.

A

Go ahead but based upon the information that we have.

A

That, under certain circumstances, in certain times there will not be a bar. There.

A

You use the in-house bar until certain dates and so forth when they will put.

A

A temporary bar out there that's the information that was presented.

A

Are you still with us keith? Yes, I'm I'm talking.

J

There we go we're back we're back to full speed. That's my understanding.

J

um If we can table this- and I can try to get ahold of this after this next meet next hearing or later.

A

My suggestion would be that it would be tabled until he can present it in person.

A

Okay, commissioners, do you agree with that or not? I agree with it. I agree with that.

A

However, it can be arranged, you know, uh maybe they change next month. Who knows.

A

We may not even be able to have a hearing who knows.

A

We want to be able to have him to answer questions that we have and make a presentation.

A

uh Also, uh I don't know if there's anything that requires.

A

The city's approval for this transaction we'll get the city approval pending our approval.

A

You say he will get city approval pending hours. Correct. Has he already presented it to them?.

A

I bet I think they've been informed about it, but I'm not sure if the formal presentation been made.

J

But yes, they know about it.

A

It seemed to me there would be some concerns with that alley with traffic plus that's a parking.

A

Lot right now, where he wants to go so we'll table that request until mr johansen can make.

A

A personal, formal request in front of the board. However, it works out whether it's personal.

A

In front of us, if we're all here or whether it's virtual, we need to have him available to answer.

A

Questions: okay, sir, with that it's 2 30, and I would ask mr dixon to call case 6286. Please.

B

All right case 6286 an application for the transfer of panmar liquors to penmar llc.

B

For class a beer one and liquor license to be issued to alpesh patel for the use of panmar.

B

Llc trading is panmar spirits, 5202 francis scott key highway, tonytown.

B

Round 21787 and election district 1. about this matter. We have the following documents:.

B

Notice the public hearing uh dated that december 25th 2020.

B

Well, transfer affidavit dated december 28 2020.

B

There's notice a public hearing december 18 2020.

B

Let's see I'll pass patel come successfully completed. Alcohol awareness course.

B

Looks like march 28 2019.

B

There's a response to joe vance's request to various state and local agencies from.

B

Mike zep tom harris permits and inspections, the box is checked the above referenced.

B

Establishment does meet the requirements of this office sign mike zapp code official.

B

There's a december 9th 2020 letter from connie schnooks to the board.

B

That they're, in compliance with the maryland law,.

B

There's response to joe vance's request to belinda gesell collections office with the.

B

Box check the above referenced establishment does meet the requirements of this.

B

B

Jovan sent a december 4 2020 letter to miss connie, schnook's revenue, specialist.

B

Jovan sent a december 4 2020 letter to mr alpesh patel about the public hearing.

B

B

And then there is an application and the application includes character. References.

B

Sdat information workers, comp certificates, criminal background information, contract of sale.

B

Driving record a lease.

B

Financial ownership, information, bulk transfer application floor plan.

B

I would ask that the file be entered into evidence, we'll accept that in evidence.

A

This time, I'd ask all those who intend to testify in this case.

A

Please stand raise your right hand and be sworn in by miss vance.

C

Do you swear or affirm, under the penalties of perjury, that the testimony you're about to give.

C

Is the truth, the whole truth and nothing, but the truth. I do yes, I do. Thank you very much.

A

You may be seated, may I remind you all that, as you are called to testify,.

A

Please state your name and your address for the record. Please. My name is alpesh.

P

Patel my address is 201 wattersville road apartment, 11, mount airy, md21771.

A

Mr patel is that in carroll, county or frederick, is it carroll county? Thank you.

Q

My name is frank: goldstein, I'm council for mr patel and for the patel uh panmar llc.

Q

My address yes 3030 mill, island, parkway, suite 308 and that's in frederick, maryland, 21701.

A

Mr goldstein, as the attorney, would you like to proceed with your request.

Q

I'd be happy to, um I believe we, I believe you have someone else here, who's prepared to testify.

Q

If you'd like uh that's what he can be, he could be identified when his testimony is called for.

A

So proceed with the case. Okay, that's fine. We believe we have submitted through miss vance all.

Q

Of the appropriate documentation necessary in this matter, it involves the transfer of the stock of.

Q

Of mr boyd's company to penbar llc and the pertinent liquor license, if approved by this board,.

Q

Also, the building in which the business is conducted will be transferred to an.

Q

Affiliated company called sunshine management llc, and that company will lease the premises to.

Q

Panmar llc and I believe you have the lease documents, as well as the sale of the stock.

Q

Contract, as well as the real estate contract, which is simply called contract of sale, all.

Q

Of these are contingent upon approval by this board of the liquor license. Mr patel.

Q

Is now a resident of carroll county, he has obtained the necessary character, references.

Q

He has against the criminal background check, so we are ready to go to the extent you're.

Q

Disposed to grant the liquor license, mr boyd is here to verify in essence what I have said.

Q

I can call on mr boyd, if you'd like to hear from him, and mr patel of course, is here as well. Having.

Q

Said that I am disposed to take questions or turn questions over to mr patel and mr boyd.

A

At this time, then, uh since two parties may be involved.

A

You you may, if you would introduce mr boyd in the testimony. Okay, well,.

Q

Mr boyd, you will state your name and address for the record and uh you've been sworn in. So.

Q

You can basically estate the purpose of your being here and your intention to sell your license.

H

I think he needs to unmute himself. Mr boyce, you know how to unmute yourself.

Q

I don't know if I can do it for him. Yeah.

L

Okay, yes, sir frank boyd, I live at 29 57, mindy's mill, road, tony town, maryland. I've been there over.

L

40 years, uh I'm here because the liquor board said I had to be here now, I don't know what.

L

Kind of questions you want to ask, but I'm here to answer your questions, but why don't you tell.

Q

The board, you know: why are you after all those 29 years? Why are you disposed.

Q

To transfer your business uh to the patel group, because I plan on selling out.

L

To retire for good, so your intention is to retire. Yes, okay,.

Q

Are there any particular questions from mr boyd? Oh one, good question.

H

I I kind of missed the uh part about sunshine management, llc.

H

They're going to own the building that the business is located in is that right.

Q

That is correct. There are two contracts with mr boyd.

Q

One with sunshine management to uh sell the.

Q

Real estate, uh they will uh so sunshine management. Is a company affiliated with alpez patel? There are.

Q

Other members of the patel family, who have an ownership interest in that and that company will.

Q

Then lease the premises to panmar llc and the other contract is directly between ben mariello.

Q

C and mr boyd to buy his stock right, so mr boyd is not going to be a landlord in any fashion.

Q

That's correct right, mr boyd, you won't be a landlord.

Q

Thank you. Thank you, he's muted up again, but he nodded. He said no.

H

So I have a a couple of questions from mr boyd. Mr boyd, can you hear me yeah yeah? I hope so. Yeah.

H

I can hear you okay, and I can hear you now um how how long have you known, alpesh, patel,.

L

About a year or so now, okay, and and how did you come to know him well, he walked into my.

L

Store one day and asked me if I wanted to sell, he came in at the right time. I wanted to sell.

H

Okay, so you've had uh for last year, so you've had business dealings with mr patel correct, yeah right.

H

You've had business dealings, you've been dealing with a businessman to businessman yeah yeah yeah.

L

We've talked: okay. um Are you of the opinion that he's a fit and proper person to hold a liquor.

H

License in carroll county, uh yes, sir, I believe he is. Thank you. That's all the questions I have. Okay,.

Q

Any more questions for mr boyd questioner whitney.

I

I have no questions for mr boyd, mr boyd. If I understood right you've been there.

A

In this business for 29 years, uh I've owned I've owned the store for almost 26 years.

A

And how, during that time, the whole time have you had a liquor license? Yes, sir, to your knowledge.

A

Have you had any prior violations of the liquor laws of maryland or carroll county.

L

I had two violations when I took the business over the first year and have not had one since.

A

Thank you yes, sir, mr boyd did did you describe uh to mr patel the things that um he would need.

H

To do to be as successful as you in preventing underage sales, I hoped uh I hope to I mean.

L

I've talked to him about it and told him what I think he needs to do, but it's.

L

Of course, you know you talk to somebody it's up to them, whether they're going to do it or not.

H

Sure, but it sounds like you've done a good job and uh you know how to do it. So thank you for that.

H

Thank you, sir. Let me ask you a quick question. You you're right on the almost on the pennsylvania.

A

Maryland line, do you accept? Do you accept vertical license for id? No, sir, do you have.

A

Much kickback from possible customers because of that not I'd, say maybe one or two max.

L

No problems whatsoever. I've never had a problem with the customer. Once I refused himself.

L

Either I mean as young as they are. They were still very respectful of the answer that I gave them.

A

Commissioners, here's a licensee who, for all practical purposes, probably could.

A

Increase his sales simply because I'm sure that there are many vertical licensees come.

A

Into this establishment, uh so uh just the point of information uh you've heard him testify that.

A

If anybody should have a problem, it should be an establishment that close.

A

But his testimony is that he doesn't have that much problem with that.

L

Excuses are with being on the line and everything once the young kids realize.

L

That you're not going to accept any of them. You don't have any problems at that point.

A

Thank you yes, and I'm sure that uh if the transfer is approved that mr patel.

H

Will follow your footsteps, keep that reputation going, I'm sure he will. Sir.

A

Questions of mr patel. Yes, mr levy, if I may just set the scene for mr patel a little bit.

Q

um First of all, mr patel, I think you've just heard what mr boyd said about these vertical.

Q

Licenses, and do you understand what that means, and it would be your intention. I uh expect.

Q

To follow mr boyd's footsteps in terms of how that is dealt with yes, okay,.

Q

uh Mr patel, can you give the board a little bit of information about uh some of your general business.

Q

Experience and uh then we'll just open it up for questions.

P

Yes, okay, I I worked. I used to work in subway restaurant before this thing.

P

And I do have experience a long time ago. I was working in a store in new york state. It was the.

P

Convenience store and they carry beer over there, and I do have experience with them. We always check.

P

The license and underage checking, we always pass that too. We never had any problem in that.

P

And I also work in the liquor business at mountain liquor in frederick county.

P

It's it's. uh I go there sometime and I help them too. So pretty much. I know what's going on in this.

P

Store when we take over, we might introduce that system in our register, also that unless you enter.

P

The date of birth in the register, the transition cannot be happen. That's what we are going to do.

P

That so it's a foolproof method to check the id and under its selling too, so it will help too.

P

And any other question I can answer uh so. Mr patel, you.

H

Currently, work with mountain lickers in frederick county is that right? No, no! I'm not working there.

H

Q

You have gone there to help out from time to time, but you're not employed there. No I'm not employed.

H

Okay, um so other than mountain liquors, you have experience dealing with alcohol sales.

H

Yes, from a community tour at some point in new york state, they most of the convenience store.

P

In new york said they carry beer in that and I do have experience selling beers. Yes,.

H

So this would be the first uh liquor license that that you've applied for.

H

And in your application, I I noticed uh there was an address.

H

That appeared a few times uh for you, 113 greenwich drive, walkersville maryland.

H

Frederick, yes 21793, I I assume that you have moved from that address. Yes,.

P

From that address carroll county address, I just moved in october 2020., okay, thank you.

Q

Any other questions for mr patel, please um a quick one. Mr patel, have you had a chance to.

H

Peruse to take a look at the rules and regulations of the carroll county board of licensed.

H

Commissioners, which you would be subject to, should this transfer be approved? Have you looked at this.

P

I did not look, but I'm going to look that right now I'll do that. Well, you know right now, there's.

H

A lot in there, but uh it's always helpful to start off. Yes very, I will do that. No problem.

H

Okay, okay, yeah and you're going to continue having a no vertical license policy. Yes,.

H

So how many employees do you think you might employ right now right now, I'm thinking to employ.

P

Three or four employees there, okay and I I think that council is advised that you have.

H

Received alcohol management training- chapter 10; yes, that's what I'm thinking today before I.

P

Hire the person in the interview we will, I will commit, get the commitment from there.

P

That they finish this class is first and then they will start working at my store.

P

Okay, that's I'm going to pay for that too. Okay, that's! Very good! Thank you.

H

um Can I ask mr goldstein to maybe summarize the character references unless there are character.

H

Witnesses to be presented, can you just summarize, what's in the file or what you have provided us.

Q

Yes, by the way, I don't know how this is showing up on my your screen, but I'm using.

Q

My wife's computer, so if it says phyllis it should say frank but that's not showing up.

G

Okay, um I was wondering about that mr goldstein, I I was going to say it was rather unique to have a.

A

Gentleman named phyllis: well, it's a brave new world. I think we all understand that.

Q

But it's phyllis's computer and that's the reason for that. um In any event,.

Q

The characteristic went, uh references uh are basically people who malpress has.

Q

Come to know uh some of them uh fairly recently, uh since uh he is a new resident of.

Q

Carroll county, but they're basically saying he's a man of integrity, he's a competent person. He.

Q

Is knowledgeable about business matters and that he should be a highly suitable.

Q

Owner of this liquor store so they're, very good character, references and we're happy to.

Q

Have him very good and if I could just get a little more summary of mr patel's background.

H

uh I I know a little bit, but uh what has he been doing for the last say? 15 years uh alves, you want.

Q

To respond to that, yes, I was, I was working in a subway restaurant in gettysburg, pennsylvania.

P

And that place is just closed down last month, but I was start working there from 2006 until last.

P

Month and what was your role there? I was a manager manager over there and I was doing everything.

Q

So you managed to subway restaurant right. Yes, was your primary occupation uh over the.

Q

Last decade, or so that's what I I was working that price subway was my primary occupation.

P

And I was working from 2006 until like last last month, so it's almost 14 years there.

P

But before that, I used to work in a convenience store in massachusetts. Before that I was in new.

P

York also in convenience, that's why I was working for somebody there, but my role was about to be.

P

A manager there, okay, thank you um for panmar llc. Are you the only owner? No, I have partners in that.

H

Okay- and can you just briefly describe for us the uh the name of partners- are one- is parish patel.

P

One is dilip, patel one is vijay patel and one is rajesh patel. It is a family business.

Q

Right: yeah, okay, uh mr alpesh patel, was the only applicant yes uh for this license. Yes,.

H

Okay, and uh can you describe for us the ownership interests between the various members yeah, the llc.

P

We all are 20 percent each five percent. Okay, very good! Thank you! Alpacity is the manager. It's an.

Q

Llc, so he is the managing member okay. So under the operating agreement he makes the decisions in case.

A

Mr patel, as the managing partner, how much time do you expect to spend in the store.

P

Almost from opening to close in the beginning.

P

I will be there all day in the beginning until I feel like everything going smooth and nice.

P

But after that we have to put some employees to operate, because I cannot work all day like that.

P

So we will have employees too, but right now we don't have. We did not hire any employees until.

P

Now but we are going to do very soon, okay, so, mr patel, um your chips are tam certified.

H

And you can't be there all the time, um just as a comment, it's speaking for myself and.

H

Perhaps other members of the board, I think it's always a good practice to have someone present.

H

On the premises, you've had alcohol management training. Yes, it may not be technically required.

H

uh But it certainly is something that um I think uh the board approves of yeah. I said.

Q

Well, I have recommended that to mr patel and he agrees wholeheartedly. um You didn't want to.

Q

Hire anyone until yes, the board, approves of the transfer and, of course they get the appropriate.

Q

H

I have no further questions. Mr chairman.

A

Commissioner wendy, do you have any further questions or any questions.

I

uh Yes, sir, uh so mr patel, you had testified before that. You plan to have any employees.

I

That you hire be tips or tam, certified correct, yes, okay and what's going to be your policy.

I

On karting, I know I hear heard you mention about entering the birthdate into the computer. Is that.

I

So that you almost have to card everybody to get that information, correct, yes, and we also have.

P

I we are going to get training about the looking at him his face and picture in id also not only.

P

Just entering the the entering is not, uh I mean it's not a solution. Writer we have to match the.

P

Face physically on and on the id also really so that is a part of training we are going to give to.

P

Everybody in my store also, but it will be your policy to cart everyone. Yes, yes, yes, thank you.

A

Any other questions of mr goldstein or mr patel or mr boyd.

A

Yes, sir, if not if there are no questions.

A

Testimony uh is now closed and we will.

A

Ask if there's any final statements or summation by mr goldstein.

Q

Well, just briefly,.

Q

As I have gotten to know, mr patel, I can only tell you, I think he will be.

Q

A fine owner you'll be proud to have him in as both a resident and businessman.

Q

In carroll county he intends to do everything right and.

Q

uh I am confident that he will, I think, that's all. I would like to say about it.

Q

A

Defectors, do you have any final comments.

H

Well, uh I think that mr goldstein has adequately giving us reason.

H

uh To feel comfortable with this license city, I think it's to take his comments to heart.

H

I I think that mr patel has indicated he's not going to accept vertical licenses, even even though.

H

He's very close to the pennsylvania border. I think that's commendable. That's a good move.

H

uh It's also good that mr patel has indicated he intends to have a properly trained personnel.

H

Working uh at his uh store should we approve the transfer and that he also is uh intending to have.

H

Someone on premises of all time who is hips or tam certified, and I think that is a very crude.

H

Thing to do, and it shows that I think he would be a good licensee in this regard- is that in the form.

A

Of a motion, uh no sir, I was waiting up to see if uh commissioner milwany wanted to uh make comments.

I

Thank you, commissioner barnhart. I agree with all of the settlements that it seems like mr patel is.

I

Is very adamant about making sure that he's making the right decisions for this business.

I

And I um hope that he will be able to continue the great success that mr boyd had.

I

In not having liquor board visits during his ownership of the facility. Thank you.

H

And I am prepared to make a motion uh if the chair prefers. Please do.

H

Thank you, mr chairman. uh In case 6286, I mow the opinion that alpach patel is a fit and.

H

Proper person to hold a liquor license in carroll county uh based on the testimony.

H

That we have received and what is in our our record uh in the file. Therefore, I move.

H

That we approve the application of mr patel for the transfer of the license.

H

From uh penmar liquors to mr patel, I assume is for use on pemar llc. Yes, as long as uh conditioned on.

H

All required documents that this board requires be uh submitted and timely fashioned to the file.

A

Sir second, a second that notion.

A

This has been properly made and seconded that we find the applicant applicant.

A

A fit and proper person and establishment to hold a liquor license and approve the application is.

A

There any further discussion on the motion hearing, none all those in favor signify by saying aye.

A

Aye closed, no so ordered congratulations, mr patel and uh mr goldstein. uh We trust that you.

A

Will uphold the traditions and the excellent record that mr boyd has accumulated over his.

A

Over 25 years of service and certainly wish him the best in his retirement. Yes,.

A

Other questions you will receive a official written notice of the action of this committee.

A

uh Within 30 days, congratulations best wishes. This completes case 7062-86.

A

Thank you. Thank you, mr gerald. Thank you.

A

With that being said, it is a couple minutes past three and our 6263 case.

A

Scheduled for 3 p.m. If you will, please introduce that case, mr dixon, and upon your uh direction.

A

6290 will be separate, am I correct, or will we do them.

A

No we'll do them separately, 6263, please all right case, 6263, a class, a beer wine.

B

And liquor license issue to dan bowles, for the use of gunner llc trading is hampstead.

B

Liquors 720 hanover pike, hampstead marrow 21074 violation, hearing set to a minor.

B

In the file in the file of this matter, we have the following documents:.

B

A notice of intention to defend with the box checked, I do not.

B

Intend to contest the alleged violations it's dated september, 17, 2020 and signed by a.

B

uh Dan bowles there's a delivery of notice of hearing for the case.

B

um Acknowledge receipt of letter dated september 10 2020 delivered by hand on september 11.

B

2020. there's a september 10th 2020 letter from joe vance to dan bowles.

B

There is a alcohol compliance violation sheet dated september 8.

B

2020 that was filled out and completed by inspector keith, bedford.

B

There is a notice of violation for selling alcohol to persons under 21.

B

Under the uh stationary of brian l d, leonardo state's attorney, um it's signed by sherelle yelter.

B

There's a photograph of a volunteer with a.

B

uh 12 pack box of bud light.

B

There's a vertical maryland drivers license on the volunteer. That indicates the volunteer.

B

Will be under 21 until july, 31st 2021? I would ask that the probably entered into evidence.

A

We'll accept that in evidence.

A

This time I would ask all those who intend to testify in this case.

A

Please stand raise your right hand and be sworn in by miss vance.

C

Charles you gonna stand no.

C

Do you swear or affirm under the penalties of perjury, that's testimony you're about to give.

C

Is the truth, the whole truth and nothing but the truth. I do thank you very much and may I remind.

A

You all that have been sworn in to testify that, before you give your testimony when called upon.

A

Please state your name and your address with that inspector benford. Are you presenting case 6286.

A

Yes, chairman inspector keith, bedford board of licensed commissioners on september 8 2020 at.

J

Approximately 16-11 hours I sent an underage volunteer into hampton liquors, with intent to.

J

Purchase alcohol. The volunteer got a 12-pack of bud light from the cold box. The volunteer took.

J

The alcohol to the front counter the clerk cheryl yepton asked the volunteer for his id.

J

The volunteers showed his vertical marine license. The license stated that the volunteer was under.

J

21 years of age, the volunteer is 19 years old. Mr yeltsin then sold the alcohol to the volunteer.

J

I I went inside, I spoke to mr yelton. He said he has had not any formal alcohol management, training.

J

Mr yeltsin also stated that he does not know the difference between a vertical.

J

Or horizontal license, he also stated he has no in-house training from the store.

J

In reference to licenses, I make a motion to enter two pictures. One of the id of the.

J

Volunteer and picture id the volunteer with the beer in for evidence.

A

They'll accept that in evidence does that complete your case? That concludes my case.

A

At this time, who is going to represent the licensee and tell us.

A

About their case, please state your name and address before testifying.

R

My name is daniel. A bowles my address is 614. Oakdale drive, hampstead maryland 21074. Thank you.

R

May I proceed yes, sir we'd like to hear what you have to say all right, um mr um inspector benfir.

R

Outlined uh the events of that evening, uh mr yelton um has been employed with us for several.

R

Years, his primary function with us is as a stock clerk um on. He was in a position of working the.

R

Counter that evening, um as I'm sure you've heard from many stores uh over the last uh nine months.

R

To a year, staffing has been quite the challenge. uh We not only are fighting the covet issue, but in.

R

Our particular case um we've had some uh employees with surgeries and absences which have caused.

R

Employees to uh to to work in non-traditional roles- uh that was the case with mr yelton.

R

Previously, we had had uh storewide tam training, um two different sessions for everybody at the store.

R

Mr yelton is um a gentleman who's. um Retired works with us on a part-time basis and travels.

R

Quite a bit um he was not available for those tam trainings, um and so he up to that point uh had not.

R

Been tam certified. I would um somewhat question mr mr yelton's assertion that he's never been.

R

Trained within the store, uh I know that, as as the previous manager of the store and as the liquor.

R

Licensee I've had conversations with all of our employees about carding and the importance of.

R

Karting and and the um the the right way to go about it. um Mr yelton was confused that evening.

R

Because our policy up to that point, had to have been no acceptance of uh vertical ids.

R

um This contributed to mr yelton's confusion, I think, but because of covet and the inability.

R

For people to get to the department of motor vehicles and get new regular ids issued, we.

R

Relaxed I'll say our policy of no vertical ids. We have returned to that policy. uh Inspector benford.

R

Has provided us with the signs that are all over the store, especially at our register, for our staff.

R

To see to know that that no vertical policies uh uh are acceptable um since, since that time to.

R

Further ensure that we that we don't have issues um we have invested um in uh software, uh I believe.

R

That we've forwarded a copy of the receipt of that software uh to the board. um We've.

R

Invested hundreds of dollars in software that now uh is used, uh which um scans the driver's license.

R

And tells us uh straight on the screen that the.

R

That the id is uh acceptable or is not acceptable.

R

We have revisited our policies with all of our employees uh emphasizing to them um how.

R

Seriously, we take this um and um the fact that uh we, uh we were a part of this uh violation.

R

uh Was very disappointing and discouraging to us: that's uh not who we try to be as a store um and.

R

um This was a situation that, unfortunately, did not uh work out, as it should have.

A

Commissioners, you have any questions of uh mr bowles.

H

uh Quick question for you, mr bowles, you indicated that during the uh the coveted shutdown.

H

And the shutdown of mba that uh your store kind of relaxed the policy regarding no vertical licenses.

H

um Because people were having a difficulty getting new licenses.

H

uh And then you indicated that at some point in time and we're discussing this violation of.

H

9 8 20 20 at some point in time you you went back to that prior policy was that.

H

Immediately after this violation, or was that after a subsequent violation, it was immediately after.

S

The first fight it was immediately after the first violation. Thank you good. Okay, thank you.

H

And how many employees do you have now? Mr bowles, uh I'm guessing.

R

About approximately 12, okay and how many of them uh are tips or tam certified.

R

Eight eight currently um and the rest of them are on what we have done. Sir, is we have.

R

We had difficulty arranging a tam certification because the trainer that we had used in the past.

R

um Informed us that he could not get his license uh renewed because of, I guess, a lack of access to.

R

The office building uh we we have, we have gone to total online certification now, so we are.

R

We have eight who are currently certified and the rest of our employees are enrolled to be certified.

R

Through online certification, okay, um and what is the carding policy when someone walks in the door.

H

Do you is there a uniform policy that all your employees um understand when.

H

They card when they may not card uh our carding policy uh uh prior to this violation.

R

um Was uh that anyone who looked under 30 was to be carded um subsequent to this violation?.

R

um We raised that to 40. um and unfortunately, in a couple of minutes, we'll talk about another.

R

Violation, uh we now card everybody all right and we have provided you with the uh signage. That's.

R

On our door and in our store we have, we have gone to a blanket um across the board. Carting policy.

R

H

Well, thank you, mr mayor. Thank you, sir.

A

Commissioner, you have any questions. I do. Thank you, uh um mr chairman. So, mr bose, you said that after.

I

um This violation, then you got the signage from keith about the no vertical license. So you didn't.

I

Have that posted before, even though you didn't accept vertical license right, that's correct! Okay,.

I

And when you said you bought software when did that software come in? When did you start using it.

S

Absolutely after the violation um in first or second items, uh the first violation.

R

The software my recollection, is that the software came in in october.

I

And you started using it immediately: we we put it into use immediately, as with all things, the.

R

First, um um uh there it is the order date was 9 15 um and I'm gonna say that it came in october.

R

We put it into usage, uh there were some glitches, it took us.

R

I think a week or two to work them out and then we started using it full time.

I

Do you allow now people who haven't had any kind of alcohol training to do sales? You.

I

I guess yes, we do well. I I mean if your stock clerk had to sail, sell again, you.

I

Know would there be someone who does not have the experience to sell? Is that person going to.

I

Be able to sell in the future what we've tried to do, ma'am, as best we can is, is our stock clerk has.

R

Been reassigned to be strictly a stock clerk, so we we tried to deal with that issue. The the.

R

The other issue that we that we try to do is we are trying to make sure that the eight people.

R

Who are tam certified or spread throughout the schedule, so that that the the people who.

R

Are still in the certification process uh are paired up with someone who is tam certified.

R

uh The the the unfortunate problem that we've had um and you've probably heard this before or not.

R

We we have a signage all over our store about wanting to hire people, but it's been an extremely.

R

Difficult process and it's been made, especially so uh during this covet era, there's people that.

R

Either don't want to come out and be exposed uh to the traffic that you face in a liquor store.

R

Or they were getting 600 a week to not work, so they didn't want to come and work for the.

R

Minimum wage that you make in a liquor store that that uh I'm just trying to throw it out.

R

There that that staffing has been difficult, so we're trying our best internally to deal with it.

R

By pairing up uh people with the tam certification, with more experience in in our store that that are.

R

Able to uh to work the register in the lottery area better or are there to answer questions if.

R

Any come up while continuing to pursue getting certification for our non-certified employees.

R

Thank you, sir. Mr bulls, you are the licensee. Do you spend any time in the store? Yes, sir,.

R

I'm I work. I work once I work one actual shift a week and stop in about two other times a week to.

R

Confer with our manager mr gunning about any issues that he has so I am in the store every week.

R

Thank you is that mr goodings sitting next to you. Yes, sir, it is, he he's.

R

He's been very kind to do, uh as you can tell by the color of my hair, I didn't grow up with.

R

This electronic meeting that we're doing so he's helping me with this okay, uh so he is your manager.

R

Yes, sir, he is the manager- okay, I'm not sure he's been introduced to, but I might have missed it. I.

H

Could be wrong? What is his full name? I apologize. That's bad matters on my part, I'm sorry. This.

R

Is mr brian, who is the manager of hampstead liquors, and he is there on a full-time basis.

H

Brian I'm saying brian ryan b-r-y-a-n, his last name is spelled g-u-n-n-I-n and was he.

H

On premises, at the time of this incident, no sir, I had left uh shortly before I left around 4 p.m.

H

Okay, uh who made the decision to have mr.

H

uh Cheryl yelton uh be behind the counter. What was that mr gunning was that a decision of yours or.

H

Was it mr goals that was mine? um Actually uh both of our employees were at the register at that time,.

S

The main registered person was working, the lottery was taking care of a customer on.

S

The lottery side, so, as he got pulled away, mr yelton stepped up to help a customer, nice. Okay,.

H

Thank you uh and for um for the licensing. um How has your business been since march of 2020.

H

Has it been, has it been up or down or the same, uh our business has been up.

R

Yeah I hear that uh from a lot of class a licensees that, during that shutdown, that's.

H

um Business, wasn't too bad. Well, it it it wasn't, um and- and there are a lot of factors.

R

That contribute to it, but particularly as you all probably hear in carroll county.

R

Being as close to pennsylvania as we are, when pennsylvania went through their shutdown.

R

That that just that just opened up our floodgates right yeah, I expect it would so so. 2020 has.

R

Brian and I were speaking about it earlier, I'm sorry I would tell you the numbers had. I had.

R

Them in front of me, I don't, but I believe 2010 20 was probably hampstead liquor's best year.

R

Since it's been open, certainly since under our ownership, yes, thank you.

A

Any further questions of.

A

These gentlemen, mr balls or mr gunning, I just wanted to double check. I have a past violation.

I

Of uh that I think the hearing was march 13th of 2019, so a previous violation in the last two years.

R

To to the best of my memory, we have had one violation since our ownership, which started.

R

In 2015, I think and and that does sound right- okay, thank you. So what I see is there was a.

H

Violation of january 9, 2019 and the fine of 300 was assessed and that fine was suspended.

H

Does that sound correct, yes, sir? That is correct, so this would be the second violation.

H

In that period of time,.

H

In under two years, this is the second violation: does that sound right.

H

Yes, sir, okay, thank you, commissioner. Barnhart did you just say there was a violation.

A

Dated january the 9th 19 was uh hearing on march, the 13th and a 300 fine was suspended.

A

Is that what I heard you say? Yes, I'm not sure the exact hearing date.

H

But in my notes I have the uh for that violation of january 9 2019, the 300 fine was suspended.

A

Does that coincide with the foul of inspector benford? Who has the foul.

J

um Mr dixon has the file, but the date of the uh well asia was one nine 9 2018.

B

March 13th 2019.

A

And what was the disposition? Three hundred dollar fine suspended. Okay, I just wanted to clarify that.

A

Any further questions of the licensee or his manager- yes, sir appearing on a testimony, therefore,.

A

Is closed in this case and will any final uh arguments, uh mr bulls, do you want to make.

A

Any final comments, uh no sir, thank you for the opportunity to uh make the comments that I have.

A

Inspector benford, nothing else to add sir okay. uh Testimony in this case uh therefore is closed and.

A

The commission will now discuss the disposition and merits of the presentation.

H

Mr chairman, we're looking at a second violation in under two years.

H

I think uh mr boles is in a position right now, as listening to his testimony that he certainly.

H

Is cognizant of our concerns and of the seriousness that um underage sales.

H

Is taken by this board, uh and I note that he has put into place some some policies that that.

H

uh I think we would find commendable, especially regarding the vertical licenses and things of that.

H

Nature, but I do want to say that, because his fine was suspended, the license he's fine was suspended.

H

Back in the beginning of 2019 that that perhaps is an enhancement.

H

To any consideration of a fine, in this case.

H

Those are my thoughts, mr chairman.

O

I

I can appreciate the fact that his fine was suspended the first time and it was his first.

I

Violation since opening in 2015- but this still is the second violation in a year and a half.

I

And I think maybe more could have been done.

I

To avoid this happening, um and I can absolutely appreciate the staffing issues.

I

That that are thrust upon the people during the covet and such. But um I I think.

I

It it could have been avoidable. Any further comments. No sir, that's uh testimony presented.

A

This would be the second violation in approximately 18 months, and the first violation.

A

Was found culpable and a suspect fine was suspended and within 18 months we have the second.

A

Violation, it's unfortunate, but uh the wrong kind of pattern to exhibit.

A

So with that, do we have a motion or a discussion as to the disposition of case 6286.

I

I have this is 6263, correct, I'm sorry 62-63! I looked at twitter.

I

I'm prepared to make a motion, mr chairman, please do um I am making a motion to find.

I

uh Hampstead is culpable for the violation of sale to a minor. It is the second violation.

I

So I motioned to a specifying of 600.. uh Mr chairman, I would make a alternative motion.

H

This is the second violation in under two years the first violation was suspended. I I feel that.

H

uh Normally, we assess a 600 fine for a second violation, but this is within a short period of.

H

Time and the first fine was suspended, and I feel this should be an enhancement uh in.

H

Connection with the first suspension uh you get fined and again the grace of a suspension.

H

That should make the licensee extra vigilant a little concerned that we have the second violation.

H

I would move that the licensee is found culpable and that a fine of 750 dollars be assessed.

A

uh Commissioner barnhart, uh we have a motion on the floor uh and before you.

A

Offer that is there a second to commissioner mulwinny's motion hearing none the motion dies.

A

Now you have a alternate or subsequent motion that you are offering. Yes, sir.

H

Would you state that please let the licensee be found culpable and that a fine of 750 be assessed.

H

For the reasons I stated earlier that this is a case that deserves an enhancement and that.

H

I do not feel this licensee was as vigilant as they should have been under the circumstances.

A

Is there a second to that motion? I will second his motion. A proper motion has been made and properly.

A

Seconded that we find the licensee culpable and due to the proximity of the second violation.

A

In a short period of time that a fine of 750 dollars be assessed, is there any.

A

Further discussion on the motion: yes, sir hearing, none all those in favor signify by saying aye,.

A

Ordered mr bulls, we find you culpable for the violation as discussed and find an amount of 750.

A

Which must be paid within 30 days of the official written notice.

A

Of the action of this board of licensed commissioners here this afternoon,.

A

Are there any questions? No sir,.

A

Hearing none this concludes case 6263 and you will receive written notice. Official written notice.

A

From our commission and will have 30 days in which to satisfy the fine from that date,.

A

This concludes case 6263 we're going to take a two minute break and come back to 62.90.

A

Okay, we're back in session.

A

This time I would ask our attorney mr dixon to call case 6290. Please.

B

6290 a class a better one and liquor license issued to dan bowles for the use of gunner.

B

Llc trading as hampstead liquors, 720, hannover pike, hampstead, mound, 21074.

B

Violation hearing sailed to a minor and follow this matter. We have the following documents.

B

A notice of intention to defend with the box check, I do not intend to contest the alleged violation.

B

Dated december 4th 2020 uh signed by daniel bowles, there's a delivery of notice of hearing.

B

um Acknowledge receive the letter dated december 1st 2020, delivered by hand december 2nd, 2020.

B

There's a there's a december 1st 2020 letter from jovance to dan boles about today. uh The hearing.

B

There is a alcohol compliance violation sheet dated november 30th 2020 and signed and completed.

B

By inspector charles carey, there is a um notice of violation for selling alcohol to persons under 21.

B

Under brian l d, leonardo state attorney stationary um signed by luke gonzalez.

B

There's a photograph there's a vertical maryland driver's license of the volunteer that shows he's.

B

Under 21 until july, 31st 2021 volunteers, outside the store with a 12-pack of corona premium,.

B

Premier, I would ask that the file be entered into evidence, we'll accept that in evidence.

A

This time I would ask all of those who intend to testify in this case.

A

To stand, raise your right hand and be sworn in if they're any additional testimony, if not ms vance.

A

Do you swear or affirm, under the penalties of perjury, that the testimony you're about.

C

To give is the truth, the whole truth and nothing, but the truth I do I do thank you- may be seated.

A

Inspector carrie, you are presenting this case. Yes, sir.

T

Please proceed uh good afternoon uh liquor board inspector charles kerry uh carroll county.

D

Carroll county maryland on 30 november 2020 at 2 30 p.m. I sent an underage volunteer.

D

Who was 20 years old in to purchase alcohol from hampstead liquors.

D

The volunteer got a 12 pack of corona premier beer. He took this to the to the server luke gonzalez.

D

Who did not ask for any form of id and sold the beer to our volunteer? I interviewed the seller.

D

Mr gonzalez, as to why he did not ask for id, he advised he was busy with other customers and.

D

Did not ask mr gonzalez is not tips or tam certified all paperwork was completed and.

D

And also, I request that both photos in this case be entered into evidence. That's our case.

A

We'll accept that in evidence.

A

Mr bulls, I assume that you are going to uh make comments in regards to this violation.

R

uh Yes, mr chairman, I am um but for the life of me, I'm not sure what.

R

um You have the facts in front of you. uh The the facts are accurate. um Mr gonzalez,.

R

Was um is not one of our uh more regularly scheduled employees? He was with us that day.

R

Again, because of the staffing issues that I referenced.

R

In in my prior testimony, um mr gonzalez made a mistake: he made a horrible mistake. He made.

R

The worst mistake that you can make, um mr gonzalez, is no longer employed by our store.

R

um Subsequent to this, we uh put into place and have prominently displayed the.

R

Carding of everyone, uh we obviously have no choice. We take these violations seriously.

R

We're heartbroken about them and we got to fix it, so it doesn't happen in the future. um So we.

R

We're we're committed to to being a good citizen of our community.

R

um We make donations to nisab boy scouts, anybody that comes in and and asks um for a donation.

R

We try to help them. We want to do the right thing by our community, and that means.

R

Following the rules and making sure that no no alcoholic beverages get sold to underage.

R

um We take it very seriously. The conversations that we're having this afternoon doesn't seem like.

R

We do, but we do again, we've gone to a policy of um getting everybody tam certified. That's not even.

R

In spite of the difficulties of doing that doesn't matter, it's got to be done. We're in the process.

R

Of doing it, we've gone to a policy of carting everybody who comes into the store using the.

R

New software that we've acquired, that gives us the comfort of knowing that they are underage or not,.

R

And mr chairman, I had, I wish I had something else to say, but.

G

um I will make this comment, not not that I guess it's that appropriate. We can.

R

We can, as management, uh do everything we can to put policies in place, but unfortunately, we.

R

Can't always control the human element, and this one the human element broke down. uh It doesn't.

R

Matter as managers, it is our job to control the human element and we just gotta do a better job.

A

Thank you, mr bowles. Commissioners, do you have any questions comments.

H

um Well, mr chairman of, as far as comments, I don't have any questions. Mr bowles.

H

I fully accept his sincerity and uh and his desire to avoid this problem again, but it.

H

Is a problem and kind of a bad problem as as we're, I think, we're talking about a follow-up.

H

Check following a failure, so a second failure during a follow-up, uh as was noted during the.

H

Last hearing uh is, or last month's hearing is something that is very troublesome to the board.

H

This is a third violation for selling to under age. I think was it 22 months.

H

uh There's not a whole lot more to be said that it wasn't said the first time around other than the fact that this is a follow-up and uh to be consistent.

H

In recent decisions I went back and looked at last last year and last year, last month's.

H

um Orders and so forth in my notes, and uh I see that the commission felt that this.

H

Because it was a follow-up violation that that is.

H

Again, an enhancement of what we normally do. Normally, we double.

H

Fines uh as as they come along in succession like this.

H

I don't think we should double this fine from the one that was just handed out.

H

I think uh the last hearing for a very very similar case of.

H

Third violation: that was a follow-up. There was a uh a fine issue of 1400.

H

um I I'm going to uh turn this over to commissioner winney and I will uh ask her to.

H

To make the motion- and uh uh you know, employ her judgment on what should be done in this case.

I

Thank you, commissioner. Barnhart um again it's unfortunate that it's happened again.

I

So quickly, um I I the follow-up. We hope that that one file, you know, fails the follow-up.

I

We hope that you know the first time around you, you become diligent as to what happens.

I

I do understand again that you're at the mercy of your employees- um I will, if uh you know, if.

I

Chairman brawning has no comments. I am prepared to make a motion commissioner mulweeny, before.

A

You make a motion, uh I would ask, since this is a separate case, and while we've heard uh just about.

A

Everything can be said previously. I would simply ask uh if the licensee and his manager would.

A

Have anything else to say before we proceed? I would like to add mr chairman, and I uh perhaps mr.

R

Kerry brought this up subsequent to this violation. We have had a follow-up and we passed that.

A

That's correct anything else. uh No, sir.

A

Inspector carrie: do you have any follow-up.

D

uh Nothing at this time other than we were there on 12-3 20 as a follow-up.

A

Okay with that being said, uh commissioner mulleney.

A

You had something else you wanted to offer. Please do.

I

uh Only a motion, sir.

I

So I proceed. Thank you. um I will take uh commissioners barnhart's guidance um in.

I

This situation and I make a motion to find the establishment culpable.

I

In case 6290, a violation of sale to a minor, and I would assess a fine of fourteen hundred dollars.

A

Motion's been properly made. uh Is there a second of the motion? Second, that motion.

A

Motion has been properly made and seconded that we find the licensee culpable and assess a.

A

Fine of fourteen hundred dollars is there any further discussion on the motion.

A

Hearing none all those in favor of the motion signified by saying aye.

A

Opposed no so ordered mr bulls, we find you culpable of the charge of.

A

Sale to a minor on november of 2020 and assess a fine of fourteen hundred dollars.

A

Which may be paid with must be paid within thirty days of official notice in writing of the action.

A

Of this committee this afternoon, do you have any questions? No, mr chairman, I don't, if not, may I add.

A

Comments to the effect that this is highly unusual for three violations in less than.

A

A two year period, and while the fines that have been assessed are significant.

A

They may not be in some people's eyes.

A

Serious enough to warrant a suspension.

A

Therefore, I certainly would urge you to be very, very vigilant of checking ids.

A

In the future and forever, with that gentleman you're dismissed, as I mentioned, you will have.

A

30 days in which to satisfy the monetary fine upon official notification and writing of this decision,.

A

Thank you very much. Thank you, ladies and gentlemen. At this time we will revert back to our official business agenda.

A

uh Defector benford, uh I assume everyone has been uh set, the compliance order, information.

A

That you provided from the health department.

A

Is that correct? Yes, they have been, they should have hina. You should have an email with this on it.

A

Would you like to uh make any comments um in the past two weeks, we've closed well, the.

J

Health forum has closed two businesses down for failure to comply with the compliance orders.

J

Issued by the health department, fratelli's restaurant was closed on.

J

New year's eve, 12 31 for overcrowding and bellissimos was closed. This last friday.

J

Prepared to obey the compliance order.

J

We have five establishments who have compliance orders issued by the health department.

A

Okay, let's take these one at a time as we have them here.

A

On my list, frankie's bar and grill uh they've been issued how many warnings.

J

Sick they've been visited six times at five warnings.

A

But they have not been closed down. Is that it they have not.

J

They were issued the final order. Compliance order was issued on august 24th.

J

Since that order was an issue, they've been obeying all the rules.

A

So since that order was issued, they've been in compliance, correct, that's correct.

A

Yes, okay, the next one is staples.

J

Order resistance october 31st and it's been five site visits.

J

First, yes, six six figures and they're in compliance they're in compliance too, if they.

J

Violate again, they will be closed down. Keith did you say they have five warnings or five visits.

J

Well, it says: site visits.

J

Four site visits and then well, I know one time there was a numerous.

J

uh Violation, I think that's the 719.

J

They were, they were issued.

J

They we we've been out there like five or six times um the notes here from the health department.

J

I don't understand, um I know they were issued an order since the order's been issued. They've been.

J

Behaving themselves, okay, so basically, what you're saying in a nutshell, is the health.

A

Department will issue five or six warnings and then close them upon the next valet or the next.

A

uh Non-Compliance yeah, they get couples five or six warnings, and then an order is issued.

J

Compliance orders issued that lays out that tells them if they volley again, they will be closed down.

J

That's the last straw of the health bar issues.

A

Okay, so green mount bowl uh is like the first two there's they're in compliance and.

A

If they get another one uh or whatever is necessary, they'll issue an order, correct.

A

Melissimos have been ordered to close correct.

A

They had to work close, they were closed. They had compliance order issued on the 5th of january. We.

J

Went back on the 8th of january, they failed the compliance order and they were closed. That night.

A

Fratellis is next.

J

The compliance order was issued on the 21st of december.

J

They visited on new year's eve, the 31st they were over capacity and they were closed down.

A

So they have been closed, correct. The last one is island green. It does not have the date when.

J

The order was issued, but they um they've been in compliance, since the order has been issued.

J

And they have found that they have any more outdoor events.

A

They have not been closed, correct. They have not been closed. So the issue before us in a.

A

Nutshell is lisbos and fratellis correct. It's my understanding that you have issued them.

A

For television.

J

They were only closed for three days. They're. Both businesses are have been reopened since the closure.

A

Commissioners, uh specter benford and I have discussed this and it was my feeling that.

A

Since the health department closed them down that they are in violation of.

A

Our liquor laws as far as conduct and the community is involved public safety.

A

If you have any other comments or suggestions, uh we'd like to hear them.

H

I agree with you, mr chairman. I think that they are in violation of public safety and I think there.

H

Might even be another section of either the law or rules and regulations that require licensee to.

H

Conform with all local regulations, all state regulations, uh codes and et cetera.

H

Et cetera, it's kind of a catch-all as as we've been discussing last few weeks, so I.

H

Agree with you, mr chairman, I think that there is a violation of the rules here, at least allegedly.

A

Commissioner marwini comments thoughts. I I agree with both you and commissioner barnhart.

A

So these will be issued.

A

Requesting their presence at a hearing of this commission, I think it's march 10th hearing.

H

Are we going to issue a request that they attend? A hearing to to all licensees are listed on this.

H

Sheet keith now I've only I've only issued to bellissimo's infertilities, since they were.

J

Closed down and they violated the compliance order from the health card. Okay, thank you.

A

Mr dixon, your position as our legal advice: uh do you have any comments as to.

A

This situation at this time.

B

uh No comments, I'm just curious um keith. If you know when the health department closes some a.

B

Business down do they have any sort of due process rights to appeal what the health department did.

B

Do you know um both places were closed on a friday? Well, fraternity was closed on thursday.

J

And the list was closed on friday monday morning, they met with the health director, ed singer.

J

And went over the policy and they were reopened by ed singer.

J

Does that make sense? Okay, now I understand it.

A

Commissioners, are you in agreement with uh the action that's being taken.

H

I am mr chairman, I I I agree of what you've uh discussed and what you've recommended. I fully.

H

Agree with you, I'm also in agreement, mr chairman, okay, so inspector you will keep us surprised.

A

Of any other orders issued by the health department, uh it's apparent to me that from this.

A

List that you've provided the health department is bending over backwards twice in order to allow.

A

These establishments, who are under duress because of the covet to maintain business and so forth, but.

A

Somewheres along the line has to be drawn. Is there any other business to be brought for this group.

A

Before we adjourn dave johansen's on the line he's one that talked about his submitted, his plan.

A

Mr joe hanson was tabled, he's gonna have to wait until next month. Okay,.

A

Any other business to be brought before the board.

A

If not, our next meeting is march or february, the 10th at 10 o'clock am. This meeting is adjourned.

A