Carroll County, MD Board of License Commissioners, 21 Sep 2022

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From YouTube: Board of License Commissioners, September 21, 2022

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https://www.carrollcountymd.gov/government/boards-commissions/board-of-license-commissioners-liquor-board/

A

Good morning, ladies and gentlemen, we will begin our word of license. Commissioners.

A

Meeting this morning, as we have for many times many years with the pledge.

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To the flag and observe a moment of silence in memory of all those who have passed before and.

A

Dedicated their lives to this great country, it's strictly voluntary, with that, mr barnhart.

B

I pledge allegiance to the flag from the united states of america and to the republic.

B

For which it stands, one nation, under god, indivisible with liberty and justice wrong.

A

Thank you, you may be seated.

A

This time I would ask our attorney mr dixon: if we call if he will call our first case number 6410.

A

Please all right case 6410 or class b beer, one and liquor license issued to gennaro ileana for the.

C

Use of two eagle llc trading is twin arc: tavern, um 1001, twin ark, road suite 20, mount airy, maryland.

C

21771 violation hearing sail to a minor in the file this matter. We have the following documents:.

C

Notice of intention to defend with the box checked, I intend to contest the alleged violation.

C

uh Dated august 1st 2022.

C

Signature by gennaro ileano.

C

There's a december 23rd 2021 letter from joe vance to genero ileano.

C

Then there's the alcohol compliance violation sheet completed and signed by jim poland.

C

There's a notice of violation for selling alcohol to persons under 21 under the letterhead of brian.

C

L de leonardo state's attorney and it is signed by a stephanie phillip. I would ask that the file.

C

Be entered into evidence. Thank you we'll accept that into evidence. This time I would ask all those.

A

Who intend to testify in this case? Please stand raise your right hand to be sworn in by miss vance.

D

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

D

To give is the truth, the whole truth and nothing, but the truth. Thank you may be seated.

A

Inspectors would you like to proceed? Oh before we do, I would ask that those who testify before you.

A

Testify, please state your name and your address for the record. Please and spell your last name.

A

With that specter again good morning, uh inspector jim pollen p-u-l-l-e-n um inspector for the board.

E

Of licensed commissioners keller, county 225, north centre street westminster maryland.

E

The case is on the wednesday, the 27th of july 2022, at approximately 305 pm I sent.

E

Two underage volunteers into the twin arch tavern, which is located at 1001 twin arch, road.

E

Suite 20 mount airy, maryland carroll county maryland.

E

With the intent for them to purchase alcoholic beverages, the volunteers sat at the bar and.

E

The volunteers ordered a bud light beer and a mickle beer respectively from the server who.

E

Was identified as a stephanie webster phillip, the server did not ask to see id from either volunteer.

E

Upon my role, sorry upon my arrival, I spoke with stephanie phillip and she.

E

Told me that she knew it was a criminal offence to serve a minor, an alcoholic beverage, and she stated.

E

That she thought they were both over 21 years of age. She told me she was tips or tams certified.

E

I then spoke to the acting manager and michael miller about the incident.

E

And that would be the case. uh Here's the photographs I wish to submit. Yes, sir.

E

Sir, thank you thank you and I make a motion to.

E

Submit four photographs for the record: we'll accept them into the record.

F

E

Both volunteers were under the age of uh 21.

E

One being 16 years of age and one being 17 years of age, and uh that would be the case. Thank you.

A

A

With that being the case, who is going to speak on behalf of the licensee, I will speak um gennaro.

G

Illiano I-l-l-I-a-n-o 6102 charlotte on circle, mount airy maryland. The first thing is um we: they.

G

Put um we put, we wish to contest, but we we do not intend a contest violation and then the the.

G

Bartender stephanie that was working that day she was tip certified. She definitely should have known.

G

Better she she should have known the bar to card everybody that, especially they looked this young.

G

And then the the problem with her is that she never took any responsibility for this. She blamed.

G

The restaurant she blamed, she blamed the liquor board. She she blamed everybody else, so we fired.

G

Her later that day, because of that- and it's just a stupid mistake- she should have never made and she.

G

Definitely should have known better, and we also have our general manager amber moore with us today.

B

So did you say you're not contesting it? No.

B

So what was your, uh what is your typical training in-house training when you hire someone new.

B

How long, first of all, how long did she work for you? She worked yeah amber moore, m-o-o-r-e-5025.

H

Canvas back court, frederick maryland two one: seven zero. Three, um as gennaro stated, I am the.

H

General manager, um I have been there since we have opened, which was november 30th 2020 I've been with.

H

The establishment in general previous ownership, as well since october of 2015., ms phillips, has worked.

H

For the tavern, approximately five years in total previous ownership and under the new ownership.

H

She is tam certified. All staff is required to be a tips and tam certified. Anybody who serves.

H

Any alcoholic beverages is required to do so. We also have regular meetings in regards to.

H

The appropriate procedures for carting and identifying fake ids intoxication procedures on.

H

When to deny service and how to go about doing so, you know as well as just regularly.

H

Enforcing that you know they are liable, as is the restaurant, should anything happen.

B

So you have any handbook: employee handbook that states your policies on alcohol.

H

We do have a handbook and then we with you, I did not bring it with me. I'm sorry. I did not.

H

Know that I would need it, um but we do also keep the identification book on hand behind the bar as.

H

Well, for uh being able to check multiple state ids for the authentication of it and we keep records.

H

Of everybody's tip certification as to when they're expired and when they need to be renewed.

B

So, do you have a card all policy? We don't have a card, all policy we do now. We did not before.

H

We do card anybody who appears to be under the age of 50. Is the general rule um we've in the.

H

Seven years that I've been there, we have never had an infraction uh against anybody there. We do have.

H

Returning staff from previous, so um you know it's generally good practice that everybody does card.

H

um You know we have had multiple instances, even after mrs phillips infraction where.

H

We have denied service to guests for not having ids, even though they are clearly probably over 21.

H

As well as denying service for some an underage kid who we believed to have a false identification.

H

And came in with some other gentleman who was of age, but we also denied service to them too.

H

So it is, it is standard practice for us not to uh you know, serve anybody underage or anybody.

H

Without an id in general or an expired identification, so was miss phillips. The.

B

Only one working at the bar that day she was was there a manager there? Yes, michael miller,.

I

Mr benford was there any previous violations.

F

um Not for twin arch tavern, no, there was one, but not for that particular restaurant. With that.

B

Name right, yeah, under the prior ownership, there was one in july january of 2021.

F

That does sound from if, if it's on the chart, that is correct on the show. What's on the chart.

B

So mr benford uh was this: the first time they were checked under this name correct. Yes, the first time.

B

Yes, were they rechecked I've not been able to do that because.

E

My two volunteers have been involved in high school sports so but that will be.

E

Taken care of shortly and were they cooperative, mr miller, the uh the acting manager, who's.

E

The chef at the establishment he was very concerned about what went on miss philip, the.

E

Bartender she had a very strange attitude. She was.

E

She didn't really care, she was, then she became sort of threatening and not taking.

E

Any responsibility- it was my fault, it was your fault, it was everybody else's, but hers.

I

So, mrs moore, you say the policy now is card hall. We have a blanket card all right now. Yes,.

I

Prior to that it was card anyone who looked like they were under 50., correct.

B

Do you have any signage in in your restaurant that we don't serve vertical license or or anyone under.

B

21 uh we have the um you know, obviously the no you know under 21 we card, um but we don't have.

H

The vertical signage, actually we are working on getting it. um We do have uh another restaurant.

H

A sister restaurant that has some of the vertical signs that we are going to get and put into place.

B

So this uh miss phillips worked for the prior restaurant. Before you became the.

B

The owners are licensee correct, so when you became mr ileana, when you became the licensee and took.

B

Over this restaurant, did you uh educate her about what your policies were going to be or we we did.

G

Because we had a, we had a good amount of staff that came over. That's worked there previously.

G

But we did do new training and then made sure they were all tip certified went before we opened right.

I

And what is the policy on vertical ideas? We don't accept them and I think it was from the get-go. Yes,.

I

And you personally told this server about that policy. Yes, yes, they all knew.

I

And you intend to have some signage that effect somewhere.

I

Online, yes, and is there an incentive program at the restaurant for successfully avoiding.

I

A bad compliance check. We were just talking about that the other day. We need to have a meeting with.

G

Chris, our partner he's in the he's had some hospital troubles recently, but so we're gonna.

G

Have a meeting with him and then put down a real incentive program? Okay, um do you have your servers.

I

Sign anything acknowledging your policies, I think they they sign the they when they, when.

G

We hire them, they sign the handbook, the employee handbook. Did you bring that in the signed handbook.

B

So it's very important when you have a situation like this to bring all that information in okay.

I

Mr, are you involved with any other um liquor licenses in carroll county? No.

B

Have you been in the past? Yes, which ones were they.

G

The casita romos, but we we ended up selling that business and we turned the license in did you have.

B

Any seattle miners in that particular business we did have one infraction a few months ago,.

G

I was here a few months ago- I I remember it was um probably close to a year ago now, but.

G

Not too long ago, I was here- and you were the licensee on that. Yes,.

A

Did I understand you to say that all of your employees.

A

Handling alcohol were tips trained prior to opening or thereabouts.

G

Yes, our employees, we we made sure our employees were certified before opening.

B

Was miss phillips certification, up-to-date? Yes, yes, what was her excuse for not asking for id.

B

Did she say she said she was too busy, even though there were only a handful of people at the bar.

G

He said there were less than 10 people there, so she claimed she was too busy and then she blamed.

G

Everyone else she blamed the restaurant after and then and then the she said it was a setup and.

G

Didn't make any sense, but hence the termination of the employee, um and I made it very clear to.

H

Her that you know, if we can't rely on you to protect the establishment, then.

H

We can't have you as an employee, you know the number one protocol of everybody who touches.

H

Alcohol is to make sure that we're doing it in compliance with the rules. Another.

J

Thing um you know it's your name and address. Please I'm sorry. My name is jessica. Windsor.

J

W-I-N-D-S-O-R-1001 twin arch road, mount airy, maryland 21771.

J

um Another big impact is when one employee is terminated, for you know, failing to a card or.

J

Something like that, it's a very, very, very big statement to all the other employees as well.

A

Miss windsor: what's your what's your association with the licensee, uh I work for the restaurants.

J

uh A few of the different restaurants and what capacity.

A

In what capacity just the overall management of the restaurants.

B

Are you on the payroll for this restaurant? Well, I'm on payroll for.

J

All the different ones, not just one- how about this particular one uh I have been at one time I get.

J

Paid out of different restaurants, different time periods, does that make sense how many.

I

Different restaurants are there uh well for it's uh for right now and how many are in this county.

J

Three, so, mr ileana, what is her title in your in your uh restaurant.

G

She's she's, like a yeah like more like a general manager she's the gm well amber, is the gm of the.

G

The tavern but she's like she said more of like a general like manager, all the different restaurants.

G

Like she'll go in there and see what see what they need and so she's on your payroll. Yes,.

B

She's not just a customer, no.

A

What are the other three establishments in carroll county that you service, new york, j and p pizza.

J

Mount airy inn the twin arch, tavern and then there's some outside of carroll county.

A

Say new york, jmp pizza in mount airy and what else mount airy inn.

J

That's at 1401 south main street in mount airy in carroll county, and I thought you said three.

J

The twin arts tavern, the one that we're here for today.

B

So what are your duties? I mean it's got to be more than just walking and walking out.

B

Oh no, I have a lot of different duties. I help with like licensings and renewals and and.

J

Then there's commercial properties and I help with the commercial property leases and uh you.

J

Know just a lot of the the upkeep of the licenses leases and different types of the overall stuff.

A

Do you have a copy? I don't have in front of me of the wave. I do.

F

Not have a copy, I can go print one if you want one, I apologize. No, that's all right.

F

And with jesse I look as jesse as frank's right-hand person.

F

Franklin ronaldo's. If I need something through the businesses, I usually contact jesse. First.

F

Okay she's my contact for those three businesses.

A

To your knowledge of the other, two businesses have had any violations in the past three years.

F

None, no not that I can remember. I did inspections.

E

Same volunteers, mount erin is on main street matter. It's on the carroll county side of.

F

Main street have a look at lessons when they go across the street. It's frederick county.

F

It's right next to dunkin donuts that helps the bank.

I

I know about the bank, I know about the training.

B

K

So newark jdp.

A

Any other questions.

A

Harry none.

A

Testimony is now closed for presenting evidence. Would you like to make any.

A

Closing remarks before we deliberate the merits of this case.

G

um Just that that we we do all we put all the policies in place for the employees.

G

To follow all the rules, and sometimes you just there's just no reason for why they.

G

Break the rules and don't card people, but it could have worked out for her. I.

G

Think but she just blamed everybody else and made it worse on herself.

H

And if there's anything in addition, that you know we can do going forward to to help ensure that you.

H

Know nothing like this happens again then you know we are, you know, definitely open to every idea and.

H

Criticism that you know we can take, um we did have a all-staff meeting um a couple of weeks after the.

H

Infraction happened with every single person who works in the front of house to ensure that they.

H

All completely understood the ramifications of doing so not only to the restaurant, but.

H

To themselves, you know a possibility of injury, and you know uh to the person to the guests as.

H

Well, as to you know, innocent people, um you know they, you know, everybody is aware and again we.

H

You know took everybody's tips: tam certification make copies of it. So that way, we have it on hand.

H

As well in case, they don't happen to have it on them, and we've just thoroughly been.

H

Enforcing we are also considering a program where we will have a member of a staff from.

H

Another restaurant come into one of the other restaurants, where they may not be known.

H

um You know kind of what you guys do exactly and you know see if the staff from the other.

H

Restaurants are are karting, as they should be more on a regular basis. This way, we can ensure that.

H

It is, you know, consistently in their minds that you know it, it is being checked and it.

H

Is a big responsibility of theirs to do so, as well as like mr ileana said about, is you know.

H

Instituting some sort of award program for passing these inspections as well.

A

You have no other closing comments inspector. Do you have any closing comments.

A

um Not nothing really other than what uh mr liliano said about.

E

Her miss philip, not taking any responsibility, she was quite obnoxious and she did say why she.

E

Didn't serve was because she was very busy. Apart from the two volunteers, there was eight other.

E

People within the within the whole establishment. I wouldn't call that busy at that time of the day.

B

Would or would not call it busy? I would not call that busy. Eight eight other customers, all at the.

B

Bar right uh there was uh eight at the sorry. There was six at the bar and two over the partition in.

E

The uh restaurant part of the establishment I apologize in a way she treated you guys too,.

H

I'm I'm sure, but that was yeah. Mr pond, do you know any involvement that the server has had with the.

I

State's attorney's office, uh I think mr bench will be able to tell you more about that.

F

The server did attend the diversion program um she left several times throughout the program.

F

She was almost crying, she said: she's, not a drunk driver.

F

And she did leave early, but I talked to cindy who runs the program and she does not want her back.

A

So to your knowledge, then she has not successfully completed the program. I can talk to the states. I.

F

I think she she got. I think she got a lot of art that she.

F

By completing it, um yes, she didn't stay the whole time, but I think she got overwhelmed.

F

But I can talk to state attorneys off and see what they want to handle it. If the board.

F

Directs me that way, I think she got enough out of it. It's not worth pursuing it.

I

Does anyone know if she's working at any other restaurant don't have any way to track that unless.

F

You guys have heard anything uh last. I know she filed for unemployment um in which they contacted.

H

Me and I did speak with the unemployment um office uh and you know I told him exactly what happened.

H

She became argumentative with you as well as with me afterwards. I did speak with her on the phone.

H

Immediately after the infraction- um and you know I just I told him- it was her, you know, you know.

H

Inability to take responsibility for the infraction as to her reason for termination and.

H

um She did try to tell the unemployment office that we fired her for different reasons, but.

H

I did notify them, it was because of how she treated you guys and how she reacted to.

H

The situation, what is miss phillips age? Do you know she is, I believe, she's in her 50s.

A

Spectre, do you have any other closing comments? uh No misspelling? No, if not uh testimony has.

A

Closed and we will now discuss the merits of the case and deliberate for a decision.

A

Gentlemen, you have heard the.

A

Comments by the inspector, as well as the licensee and several employees.

A

I think personally, there was sufficient training, as presented by the licensee and the manager.

A

And the evidence presented on behalf of the server indicates that.

A

She was less concerned about upholding the law than her own personal feelings.

A

By not taking responsibility whatsoever and blaming everyone else and of course the.

A

Licensee immediately terminated them. It goes back to what I have been saying.

A

For several years about vertical license, it's clear to me the photographs of the two gentlemen.

A

That were served certainly don't approach, 50 years of age, if that was the policy at that time,.

A

And certainly not checking and if she would have checked.

A

She saw a vertical id and who knows whether she would have continued to.

A

Serve them or refused them. So, with those comments, I'm interested in my colleagues.

I

Mr chairman, I completely agree with you on at every point you made. I think this is a situation.

I

Of a server failure more than licensee failure, although ultimately under the law of the licensee.

I

Is responsible, but your testimony indicates that you have a a good policy that all servers are tips.

I

Tam certified uh your id policy was very sensible at the time, and now it's even more ironclad. If you.

I

Are going to cart right, which is easily checked? uh You can send someone from another restaurant even.

I

If they're of age, they should be carded, so that's exactly that's easy for you to make sure that.

I

That policy stays in force um inter policy of new vertical ids is also a good safeguard that you've.

I

Implemented since the beginning, the only unpositive thing that come out of this.

I

Hearing is that this was your first compliance check.

I

Then again I agree with the chairman: it's a server failure. Sometimes you you, you have this.

I

uh And I do agree with the chairman that you have taken very good, reasonable steps to prevent.

I

This from happening, but there is one point of contact that unless you're on their shoulder.

I

Sometimes you can't do anything about it, so those are my thoughts, mr chairman,.

B

I happen to agree with mr barnhart and chairman brawning. I agree with.

B

Both of them everything that they said it's unfortunate, but sometimes you can do everything.

B

Necessary to try to prevent a sale of miners, but you have a rogue server and- and I believe that.

B

This was a rogue server who didn't really care about the restaurant or your policies.

B

Two things I would like to see you do actually three things: one is to get more signage.

B

And it's particularly on the front door that says we don't serve vertical license. Second, I think if.

B

You developed an incentive program. A server gets 50 bucks if they catch someone trying to.

B

To be served under age, I think they would start checking everybody and then self-testing is a.

B

Very good, as you brought up it's a very good way to test your uh your employees and your servers.

B

um So with all that said, um and to keep in mind that there were two two underage people that came.

B

In so I mean we could charge you for two, but I believe that you guys are conscientious.

B

About trying not to serve uh minors, um so with all that said, I could make a motion if it's okay.

B

With the chairman, yes, sir, so I make a motion to define you culpable for a sale to sail to minor.

B

And I find the twin arch, tavern culpable, sailed a minor and would find you three hundred dollars.

A

For a second of the motion, I would make an amendment, uh mr chairman, to.

I

Suspend 150 of that on condition that there are no violations in a two-year period from today's date.

K

Motion has been made.

A

There's not been a second, but a motion, amendment I'll second, that with just uh one other.

B

uh Change, and that would be um within the regular time period that we have for checking.

B

Sailor miners, which would be, I think, it's five years, is it.

F

Yes, we usually go back five years yeah, so within a five year period,.

B

And we would suspend 150 of that. Okay, I will second the motion to suspend 150.

I

Of the fine, on the condition that during our five year wave period, there are no further violations.

I

At the twin arch tavern, along with suggestions that commissioner harmony has made.

I

Going forward, but just so record's clear, I I feel the suspension is justified in this case.

I

Because I do feel it is a server failure, uh it's almost unavoidable and we've had these.

I

In the past, and and I personally like to take that into consideration to some extent.

I

And I think the fact that you have a five-year window not to do it again.

I

There's a good incentive if it does hap, if you do come before us again within a five year period,.

I

There'll be a separate consideration of that penalty. Plus this penalty will be reimposed.

I

I'm sorry the suspended portion, this penalty.

A

If I understand correctly, the motion is that we find the licensee culpable of sale to a minor.

A

And a 500 fine to be issued with 150 of that suspended, that's incorrect chairman. It would be.

B

300 fine, what did I say? 500, I'm sorry. I meant 300. that the motion says that a 300 fine be assessed.

A

And if there are no violations within a five-year period that 150 dollars.

K

Is suspended waived whatever the word you want.

A

Any further discussion on the motion: no, no. My only comment about the motion is.

A

This violation occurred within a very short period of time after the license was issued.

A

Therefore, I understand the reasoning behind both the motion and the amendment that was offered.

A

And so on and so forth, but in the essence of a very short period of time. Even though.

A

Everything was done, probably possibly by the licensee. This occurred in a very short period.

A

Of time, and if I remember some of the testimony when the license was issued, it was strictly.

A

Noted that the licensee would hear.

A

All the rules and regulations which included not selling to minors, however, with that said.

A

All those in favor of the motion signified is saying: aye aye opposed no.

A

The chair will abstain. Let the record show the chair of states. Please.

A

Promotion passes, we find you culpable of a sale to a miner under case number 6410.

A

Of a beer wine and liquor license issued to gendario ileano for the use of two eagle llc.

A

Trading as twin arch, tavern, 1001, twin arch road suite 20 mount airy maryland two one, seven, seven.

A

One you will have up to 30 days upon written notice of the official action of this commission.

A

To satisfy the fine, you understand that the fine is three hundred dollars. However, 150 dollars of it.

A

Is waived if there are no other violations within a five-year period?.

A

And if and hopefully that that never happens, but if it does, this case can be reopened and that fine.

A

That's suspended will be due with that. Thank you very much. We hope we don't see you back here in.

A

That same situation, again, good luck for continued success at the restaurant. Thank you. Thank you.

F

I'm gonna go upstairs and get them some signage.

F

That's all right by the board. I can do that. Go ahead.

E

Okay, I would ask that our attorney mr dixon call our next case. 6411.

A

All right case 6411 an application for a new class b. Beer, 1 and liquor license to be issued to omar.

C

Ambrose toga for the use of cinco de mayo, hampstead inc trading at.

C

Cinco de mayo, hampstead 721 hanover pike, suite 153 hampstead, maryland 21074.

C

In election district 8. and to file this matter, we have the following documents:.

C

All right there's a number of policies in the front.

C

Signage then we have a response to joe vance's request to various state and local agencies, a response from.

C

Oh tammy, ledley town manager of.

C

Hampstead, the above referenced establishment does meet the requirements of this office.

C

There's a notice of public hearing in the paper.

C

August 26 2022.

C

There is a response to joe vance's request to real state local agencies from lisa staley health.

C

Department, the above referenced establishment does meet the requirements of this office.

C

There's an advertisement in the paper for this case august 19 2022.

C

There is a response from belinda gazelle collections office, the above referenced.

C

Establishment does meet the requirements of this office. Joe vance sent an august 8.

C

2022 letter to mr ronald carr revenue, specialist comptroller of the treasury.

C

C

Let's see, there's a august 1 2022 letter from omar ambrose toga to the board.

C

Then there is a application and the application includes.

C

All right, the application includes character, references.

C

A menu driving record, sdat information, sieges, information.

C

Tam certifications, naturalization papers.

C

Workmen's comp insurance, a floor plan, other licensed establishments, corporate information.

C

Plot plan and financial information.

C

I would ask that the file be entered into evidence. Thank you. We'll accept that in evidence.

A

At this time I would ask all those who intend to testify in this case, please stand raise your.

A

Right hand and be sworn in by miss vance: do you swear or affirm under the penalties of perjury.

D

That the testimony you're about to give is the truth, the whole truth and nothing but the truth.

D

Thank you all may be seated for it. Evidence is presented or testimony. Please state your full name.

A

And your address for the record and spell your last name, please: okay, my name is jose antonio uyo.

L

And I live at 2150 warm forest drive, finksburg maryland 21048.

A

You're gonna presenting present the case, I'm the owner of the and he's my partner, we're.

L

Doing another restaurant in carroll, county omar and he's a character reference for omar.

L

Then you look your license.

A

Who's going to tell us why and what they want the license for oh well, I can do it uh we're.

L

I have a few restaurants in the county and um and a good opportunity came to me about doing.

L

Another restaurant in the hempstead area and um everything made sense and we decided to go.

L

For it, and I think it would be a good addition to the hempstead um area- there's not a lot of.

L

Food there- and you know just another project that I'm very excited about doing in the in the county.

A

Did you have two two existing restaurants in the county, uh this one's gonna be my.

L

Fourth, in the county.

L

Where are the others uh westminster england, road? The other one is in baltimore.

L

Street and westminster another one's in taneytown and then this one's in.

L

Hampstead taco, he also owns taco loco yeah. That's the one that the old len stoller.

A

And who's on the license of those others, oh those are all under me.

A

So you're at the maximum of three. Yes, that's why.

A

I partner up with omar what percentage of ownership do you have 90.

A

He has ten, I have the stock certificates and stuff.

L

On I'm not sure if I give it to joe but got everything here.

A

Okay, have you had any violations in any of the other establishments? We had one. I think.

L

Two or three years ago and my english road location.

A

And how many years have you had a restaurant in carroll county? I think I'm going.

L

To eight or nine, I think I opened in 2013.

A

And do you have any other restaurants in any other locations outside of carroll county.

L

Yes, I have a so I have two in frederick county.

L

I have one in montgomery county. I have one in howard county. I have two in uh west virginia.

A

Busy man a little bit.

L

But I do live in the county, so downtown finksburg. According to your address, thanks for yes,.

I

So in your corporation there are two stockholders. Yes, you and, and mr ambrose toga correct.

I

And how much did mr ambrose toga pay corporation for this stock.

L

uh Five thousand dollars just for the initial investment. I got everything joe has in her package.

I

And who are the officers of the corporation just me and him and you're the president correct and.

I

Do you hold any other offices in the corporation? uh No, that's the thing. That's about it. You have a.

L

Do you have a secretary, I'm all, I'm everything the secretary president and uh treasurer yeah.

B

So how's your restaurant doing in tony town, it's actually been really good at the community really.

L

uh Supporting it, they really don't have nothing that they can kind of go in and have full service.

L

And we've been uh we've gotten a very good support on that restaurant. So.

L

It's really not much food up there yeah, so you know and we're a.

L

Family restaurant, you know that caters to not you know everybody, so it's done well for me,.

B

Did you require all your employees to be tips or damn certified? uh Yes, um we usually do it.

L

Around once or twice a year when we open a new restaurant or when we have it, you know.

L

10 or 15 that are going to expire or new employees, we usually get it done. I do it personally. I hire.

L

Usually, martin johnson and he does all my classes for my employees, so they're all tip certified.

I

Looks like you have a policy where you card everyone. We do no vertical ids.

I

Yeah, so we have two uh handbooks, one is the employee handbook and one is the.

L

Basically, for servers that serve alcohol, that's more specific! On.

L

You know what ids we can can accept um the reward. If you pass, you know one of your tasks, so you know.

L

We and if they don't pass it, we terminate them. You know, there's a lot of stuff, you know for the.

L

You know the the three steps and checking ids there's a there's, a handbook on the employees to.

L

Read everything so so they're very aware of what they have to do and what they can't do.

A

Who does the uh day-to-day managerial duties well.

L

I have omar, he actually just recently moved to um used to live in west virginia.

L

So he's more centralized here now he's going to be doing the operations of he's the one.

L

The he's the district manager and I do go to the restaurants. You know almost every day to.

L

All of them, but you know we also have three cameras so we're constantly having an iron.

L

On on all the restaurants, but who is responsible in the restaurant day today? Oh for this one.

L

Probably one of my other assistant managers that are locally here there are that's. uh We have two.

L

Or three people that are still kind of trying to figure out which one is going to move to hampstead.

L

So I'm not 100 sure who's going to be yet. But it's going to be somebody that's working for.

L

A good amount of years before you know well, obviously we will be on top of them.

L

We just won't let them there and we'll keep an eye on them and make sure everything's running.

L

Correctly but I'm not sure who's going to be going to that restaurant. Yet so each restaurant.

B

Has their own general manager right? Well, we have managers assistant managers and then we have the.

L

The district manager checks over them, so we have one up here.

L

Then the managers and the assistant managers, so um we have some that have been here for a few years.

L

You know the show they're capable that want to you know, be promoted. So that's what we're gonna.

L

End up doing in hampstead promoting somebody, that's worked with me. We don't I like to hire.

L

I don't like to hire outside from big. You know for managers main cooks I like to do.

L

Them in-house, because we have set of rules that we want to continue to be the same way. I don't.

L

Want to get somebody at a different restaurant that come and change everything for me. I don't.

L

I don't want that, so it's usually in in-house when we promote them and you're and you're definitely.

B

Sure that you have a card all policy, everybody that comes in, that restaurant is carded. Yes, yes, we.

L

Even have a sign the front that says no vertical ideas and every pos station. I I put on evidence.

L

That says no vertical ids, you know, and every computer, regardless of age everybody gets caught.

L

We try to do you know if we're like 50 60, we you don't have to, but I think it's under 40 45., so.

B

It's not a car at all. I think there's there's a limit to where you can you know I don't want to be.

L

According to somebody, as you know, a little bit too old, sometimes they don't even have their id. They.

L

Just leave it at their car yeah. I don't want to send them out, but so I'm looking at your alcohol.

I

Sale policy, age, verification, page that your employee signs says every customer asking for.

I

Alcohol must hand you his or her id card. Okay, then you have a list of acceptable id cards.

I

Yep, so is that your is that your policy, our policy, is what this is, what the employees do, but you know.

L

I mean we have somebody, that's 80 85. You know we don't have to make them if they're like. Oh.

L

Can we see your id and like oh, I don't have this in the car. We just feel sometimes offended of.

L

Them going all the way out and getting an id, but we try to make sure that everybody gets.

L

Carted because you know we're not we're not in the business of selling to minors, you know.

L

I'm not where I'm at for some to minors. I have a business that I want to. You know be successful.

L

So you know, I spend a lot of money and time on doing all these contracts and.

L

Getting tips certified to all my employees, I don't send them to um the county and they no, I get you.

L

Know, martin johnson, he does it personally for me, because I want him to make sure that.

L

You know they're concentrating I'm going to make sure they're there. Not you send. You know five.

L

Minutes 20 minutes away to another county. I like to do it in-house to make sure they how serious.

L

These things are, and how long have you known, mr omar toga, oh for a long time, 15, maybe 16 years.

A

How long has he worked for you around the same time? He actually started working with.

L

When I worked for my brother at another restaurant, so my brother ended up moving to.

L

Pittsburgh and then more restaurants, and that's how I started me and him kind of were.

L

He saw me from the beginning, basically.

I

And what will his role be in the operations of your restaurant? um Well, he's going to be.

L

Making sure you know the policies are in place that they have to follow that you.

L

Know making sure that everything that's required by the law in.

L

Inspections licenses are up to date. You know he he's only going to live, maybe 10.

L

Minutes away from there, so it's going to be a pretty local short stop for him from his house.

I

I'd like to ask mr uh uh togo a question: um can you state your name? Have you stated your.

M

Name in addressing um my name is omar ambrose toga and my address is 440 irish rebel road.

M

Westminster and and you've heard the description of your involvement with uh cinco de mayo. Yes,.

I

And do you agree with that that that's how you'll be involved? Yes? Well, yeah? I think.

M

He forgot to mention that whenever he opens a new restaurant, I go to the new restaurant to make sure.

M

That we set up everything as if it was an old restaurant, so, like like he said, we bring.

M

Somebody that is already working as a manager or assistant manager in another location and give him.

M

A few more months of training like letting him do everything by himself, but me, being there.

M

Every day in the beginning, but there'll be a general manager, yes and and that will not be.

I

You I mean yeah, not me, each restaurant has his own general manager as resident agent and as.

I

Minority uh stockholder of the corporation he'll be in there checking on things. Yes, yeah. Okay,.

I

Have have you ever seen, one of these yellow booklets, with the rules and regulations of.

I

The liquor board- yes, okay, do you have a copy um we have uh at the restaurant.

M

Each restaurant we have one. Okay, are you familiar with? What's in this booklet? Yes,.

B

Do you have a scanner at your restaurants that scans the license scanner? uh We we had. We bought.

L

One, it wasn't too good and we haven't got another one. I think I mean I talked to keith about it. A.

L

Few years ago, when we were having a lot of college kids going to the restaurant, but we we don't, we.

L

Don't how's the taco loco restaurant is that doing well, it does well it's more of a lunch.

L

Crowd and more of a carryout so but the cinco de mayo are more of a full-service restaurant.

I

Are you presently in operations yeah? Okay, not enhanced, not this one! Oh, I taco local yeah, we're.

I

Open all right, I'm sorry, that's a bad question. This one is no we're still under construction. Okay,.

L

Yeah, so I think, uh plus our boots are not going to be until december 6, so we still have plenty.

L

Of time to take our time on fixing it up, it was a chinese restaurant before so now you just need to.

F

Switch it over is it in a shopping center. Yes, it's to the right of seeing our pub and um that's not.

G

The robert fields right, yeah, pipe decide pipe to side, brewery, brewery and robert fields and.

F

Mr dixon lives right behind there, so he'd be doing multiple checks. You can check in on him.

I

um I mean lunch and dinner.

I

And um there's uh uh you have one character: witness yeah all right. So just for record, I ask.

I

You do you feel that mr ambrose toga is a person who is qualified, fit and proper to hold a liquor.

I

License in carroll county- yes, yes, please state your name and address for the record. My name is.

K

Guillermo lara, my other 609 uh cranberry lane was mister two one one, five, seven spell your last name.

A

Please l-a-r-a lara, mr toga. Are you on any other license? No, this is your your first and only yep.

F

Mr chairman um inspector pulling did print wave charts out. um I can give you the.

F

um Cinco de mayo in westminster has been checked.

F

12 times they have two violations once in september, 2020 and again september 2019.

I

I'm sorry, um I was doing something: okay,.

F

Cinco de mayo in westminster, the original location, one violation september, 2019.

F

Another violation september 2020.

I

And this is cinco de mayo westminster yep and they they were checked 11 times they had two violations.

I

Mr ullo is the licensee on that. Yes, touringtown has not been checked yet.

F

They we haven't had an opportunity to get up there yet to check on tiny town.

F

Taco loco has been checked once and they passed.

I

Well then, I would ask mr uh lowell, if you have any comments about the information that we just.

I

Received from our inspector, oh yeah, um um that was twice and I think nine years I've opened.

L

The last time it happened, it was happening, I guess 2020. It was through epidemic. It was a new server.

L

You know she was just we had a, she was. She was a wreck, so you know we ended up. uh She, she did what.

L

The state wanted to do uh the course or whatever all I could say is apologize, but you know we have.

L

All these rules in place, we found them at all my restaurants, they signed it. She I even brought.

L

I think that time, proof of the contract that she read it and signed an initial every page.

L

So you know we're trying to do as much as we can so for them not to right. So you put into evidence.

I

uh An employee policy handbooks of several pages that the employee signs, which outlines a serving.

I

Of alcohol and in the- and that is a document that you use in your other restaurants, correct, okay,.

I

And that document was used with cinco de mayo in westminster and the server that was aware of your.

I

Policy there I turned it into evidence that time she initial every page and signed the contract.

L

So she knows the rules and you know I I don't know why she didn't. She said she wasn't there.

L

Thinking correctly, I don't, I really don't know but other than that, all the other 11 12 times we've.

L

We passed, you know we're. We try to do our best, but sometimes you know employees. You know they.

L

Don't they don't do what they have to do, but we do have an intensive program that we give.

L

Them a hundred dollars when they pass, you know and every time we pass, we have a meeting at the.

L

Night and we give him a check and we mo that's sort of to motivate everybody. That's working at.

L

The restaurant, you know, because I rather give him a hundred dollars and then be happy, and you know.

L

Us being here, you know you have a record of how many times you've, given that incentive out. I don't.

L

But it's every time I mean for a hundred dollars. I'd rather do that. Have everybody happy and.

L

Motivates to employees that's a good program, so mr benford, how many successful compliance checks have.

I

There been for all of this gentleman's license premises: um cinco de mayo, westminster nine times.

F

And taco local one time we have not checked the cinco de mayo in tony town, yet so taco.

L

Loco opened a year ago and cinco de mayo tonight opened, I think, in march or april yeah fairly new.

G

A

Mr toga, I'm not quite familiar with west virginia license anymore.

A

When your driver's license refers to a medical examiner's report, is that.

A

Required in west virginia or what's the reason for that um honestly, I wouldn't- I don't know.

M

Do you have any medical problems.

I

Nothing that affects your ability to drive.

I

Have you ever been charged in west virginia with driving under the influence of drugs or alcohol.

B

You don't wear glasses or anything like that. No, I don't know why. It says that I know.

M

I've never seen that before in my driving break as expiration date of medical examiner's certificate.

A

Certification status, medical variance, expiration date.

A

Restrictions, self-certification status whatever that means.

M

I don't know, I don't know what that is, I don't know either.

K

I used to be familiar with all these, but I haven't seen one officially for 17 years. I don't know what.

M

It is, I recently got my driver license in maryland and it doesn't say anything like that. Right.

A

Three speeding violations.

A

Three points for the last one driving too fast for conditions.

A

How much time will you spend in this restaurant.

M

I would say.

M

At least well, in the beginning, like every day,.

M

And then, after a few months, probably like two days a week, what are the hours of operation gonna be.

M

11 to 10 monday, through thursday, friday and saturday 11 to 11 and then sunday, 11 30, to 9 30.

I

So is that your standard hours of work, three applicants does that sound right.

K

Any other questions. Gentlemen. No, no! I just love the character witness. I guess.

I

Did the character witness testify yet yeah? Yes, I'm sorry. He asked a question yeah. Oh, I thought.

I

I was asking um mr uloa the question about where he's fit and proper, and I assume that.

I

This witness also said he's fit and proper person to hold liquor license. I'm sorry, I missed that.

K

There are no other questions.

A

Testimony is complete now we would ask if you have any closing comments.

L

K

If n and buck y, or anything like that, so now I'm excited to see you guys again, but that's about.

L

It I don't really, I think that uh the county, the area would uh would benefit from having the rest.

L

From there you know more options, but about it I was checking the file when this was discussed.

A

Where, where is 721 hanover pike, it's by the mcdonald's behind the mcdonald's.

L

And uh and over I think across the street, it's like a factor. I forgot when you said robert's.

L

Fear of shopping center, robert's field. I got you, I like the sign. It's back there next to one of the.

A

One of the elves cnr right: it's the old chinese restaurant that was back there.

A

Specter, so you have any closing comments, um knowing antonio I've known antonio, since I.

F

Started working here six years ago, um knowing how he does restaurants, how he hires his staff.

F

I think he they would do a very good job fit and proper to have a liquor license.

F

If we had a limit, if we didn't have a limit on how many liquor licenses they could have, I think.

F

Antonio should be on this license, but we have a limit of three so um but he's there all the time.

F

Anytime, I need a question, I pick up the phone and he calls me or I call him so it's no problem.

A

There are no other comments, testimony and evidence is closed and we will now deliberate as to the.

A

Qualifications of this applicant and hopefully come to a decision, gentlemen. Well, I think.

B

If I could go first, I think mr toga is probably fit and proper to hold a liquor license.

B

I can tell you antonio's, restaurants, are the most professional, uh the food is excellent and.

B

They're run very well, so I think it would be an asset to hampstead um to have one of.

B

His restaurants, up there I've I've, certainly been to all his other ones and and they're.

B

Like cookie cutters, they're all managed the same way, um so I would be, I would be in favor of it.

I

Mr chairman, um the positive comments from commissioner harmony are.

I

I put a lot of weight in what commissioners just said with his personal experience with his owner.

I

And this owner obviously is very supportive of the applicant to be on the license and inspector.

I

Benford offered some very important and supportive testimony also so, based on what I've heard today,.

I

I feel that this applicant is qualified to be a holder of a liquor license in carroll county.

I

And it's of course, fortunate that he's associated with a quality restaurant owner, like mr.

I

Loa, I would be prepared to make a motion, uh mr chairman, there's nothing else to be added.

K

There's no other comments, mr chairman, in the case of 6411.

I

I move that the application of the uh of omar ambrose toga for a class b.

I

Beer wine and liquor license for the use of cinco de mayo, hampstead inc.

I

Be approved by this board is there a second a second? That motion has been properly made.

A

In seconded that this board approved the application for a new class b, beer wine.

A

And liquor license to be issued to omar ambrose toga for the use of cinco de mayo, hampstead inc.

A

Trading as cinco de mayo, hampstead 721 hanover pike, suite 153 hampstead maryland.

A

21074. is there any further discussion on the motion? No hearing, none all those in favor signal.

A

5 is saying aye aye opposed. No, so ordered congratulations best wishes. Thank you very.

A

Much now, thank you very much. Just one comment, my understanding. We we've approved the license. Okay,.

A

It's my understanding that you are not ready to open now, yeah, it's looking more like december.

L

We're having a delay on the furniture arriving.

K

Good luck. Thank you. Thank you all for coming. Thank you very much. Thank you. Thank you.

A

Yeah we're going to take a break, but before we do what we comment.

A

Sometimes, we've issued these licenses and over an extended period of time,.

A

They've never been opened. Thank you. Thank you. You just need to stop your restaurant.

A

I think it's time that we, when we approve a license, put a time limit on that license. I agree.

K

So perhaps we should consider that in future applications and so on and so forth,.

A

With that being said, we are going to take a eight minute process.

A

Okay good morning, ladies and gentlemen, we're back now in session, and at this time I would.

A

Ask our attorney mr dixon to call case one two: all right: k, 6412, an application for new class b.

C

Beer, one and liquor license to be issued to fernando a baja, bargarano, jamie, garcia and.

C

Carlos garcia for the use of los aztecas, two inc trading, as los aztecas, two 1604.

C

Ridge side drive mount airy maryland two one: seven, seven one in election district 13. and to.

C

File this matter, we have the following documents: notice, a public hearing dated august 26, 2022.

C

A response to joe vance's request to various state local agencies from lisa staley health department.

C

The above referenced establishment does meet the requirements of this office.

C

There's august 19 2022 notice a public hearing for this case.

C

There's another response from director of planning and zoning for town of mount airy.

C

The above referenced establishment does meet the requirements of this office. There is a response.

C

To joe vance's request to various state local agencies from belinda gasel collections office.

C

The above referenced establishment does meet the requirements of this office.

C

Three days august 8 2022 letter from.

C

uh Joe vance to mr ronald carr revenue, specialist comptroller of the treasury.

C

Then there's an august 8 20 22 letter from joe vance to fernando.

C

By durano, uh jamie, garcia and carlos garcia.

C

There's august 4th 2022 letter from kelly shaffer miller to the board and then there's.

C

An application and the application includes character, references, sieges, information.

C

Mva records workman's comp insurance, a lease, a ground lease, a menu, a floor plan, a plot plan.

C

Sdat information, local licensed establishments.

C

Articles of incorporation, corporate information, naturalization certificates, stock information.

C

Sdat information: I would ask that the file be entered into evidence.

C

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

A

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

D

Do you swear or affirm under the penalties of perjury.

D

That the testimony you're about to give is the truth, the whole truth and nothing but the truth.

A

Thank you may be seated, and may I remind you all, as I'm sure miss kelly will before you.

A

Testify, please state your full name and your address for the record and spell your last.

A

Name with that, ms kelly, thank you, mr chair members of the board kelly schaefer miller,.

N

73 east main street westminster, maryland 21157, I'm here today on behalf of the applicants los.

N

Aztecas 2 incorporated there are three applicants as you're aware from from reviewing the file and.

N

From mr dixon's introduction, um fernando jaime and carlos, are the three applicants here today.

N

uh Los aztecas ii, incorporated again as you'll see from your review of the file. These three.

N

Applicants are three officers of that corporation, so fernando is named to the vice president. Jaime.

N

Is named to the treasurer and carlos is named secretary of that corporation, as you will.

N

Also see in the file, the location that's being applied for today is what was formerly.

N

Known as the green turtle in mount airy and then after green turtle became casita, romos.

N

And now los aztecas 2 has entered into a lease to lease this space in mount airy to.

N

Open a second location of los aztecas, as this board is familiar and will recall los aztecas.

N

Currently has an operation in eldersburg right at the intersection of 32 and 26.

N

And, what's known as the princess shopping center, this location that's been applied for today will.

N

Be in addition to that existing losses tekkas. This is not intended to replace uh that location.

N

So with that introduction, unless there are any introductory questions, I will call my first.

N

Witness I have one introductory question. um It says on our case that it's um uh fernando bejarano.

B

But on here it says fernando lopez, ronda lopez, I'm sorry! What are you? Can you tell me what you're.

N

Looking at too uh yeah, I'm looking at the um the fbi, criminal investigation form fernando. What's.

N

Your legal name well, my food, my full name is actually fernando my name alonso last name, lopez,.

N

Is it hyphenated it's actually too separate? Okay, okay, okay! So what is your exact last.

B

Name, lopez or the whole thing the whole thing: yes, okay, because you don't have that.

B

It's not listed on the application here. That's all that's what it was weird sorry. I thought.

D

That's okay, I think all three of them are that way. Okay, when you get to their criminal background.

N

There are also, I will also point out that there are naturalization certificates.

N

That have been attached, copies of which were attached to the application as well.

N

That I will call my first witness. I would first call mr fernando fernando. Can you please state.

N

Your name spelling your last name and your address for the record, fernando lopez last.

O

Name: b-e-j-a-r-a-n-o l-o-p-e-z um address 715. His court westminster maryland two one, one: five, seven.

N

Fernando, can you please tell the board just a little bit about yourself.

N

You know where you live and, and your role at losses take us um well in 2020. We.

O

We were blessed to buy to be able to buy a house here in westminster, so I live here in westminster.

O

My role, in los angeles, is a manager of los angeles and we opened in 2016 and so far so good.

N

And how long have you resided in carroll county since 2016.

N

Are you a registered voter and taxpayer in carroll county? Yes, I am. Are you currently employed.

N

At the existing los angeles restaurant in eldersburg- yes, yes, I am, but you heard me introduce.

N

And is it accurate to say that this application here today is for a new location? That's correct.

N

And again, is it accurate that this is intended to be the second location of los angeles.

N

Yes, that's correct and you will be leasing. This space, correct, correct, okay, are, is.

N

Is the space currently undergoing renovations prior to any operation of a new restaurant? Yes, yes,.

N

Do you have an anticipated, or I should say, hopeful in today's world opening date we are trying to.

O

Open by the end of the year um that all depends on the equipment because, because of covet, it takes a.

O

Little bit longer right now to to get all the equipment, so hopefully, by the end of the year,.

O

If not the beginning of next year, generally speaking, I'm going to ask you: is the intent.

N

Of this location to be run and operated similar to the existing los aztecas. Yes, that's correct.

N

So can you can you say your anticipated hours of operation and.

N

Days of operation, uh yes well monday through thursday, would be uh 11 to 10 pm. Then friday is.

O

11 to 11 saturday 12 to 11 and then sunday 12 to 10. are those the same hours that the existing.

N

Los angeles restaurant also operates with yes and in terms of the restaurant menu. Will that.

N

Mirror and be the same as the existing low sas take us menu. Yes, that's correct.

N

With this application, we submitted a copy of the floor plan. Can you just generally describe.

N

To the board the floor plan in terms of how many stories is the building, is there an outdoor patio.

N

Area that that's those are the details that I'm looking for. um Yes, there's actually two.

O

Main sections, if you can say of the restaurant, there's a there's, an indoor section, uh we're gonna.

O

Have plenty of boots uh foods for two four six people and then we're gonna have an open area with.

O

uh Tables uh inside the restaurant there's going to be a bar and then some stools too, for the bar.

O

Also, there's a there's an um outdoor area, it's a fenced patio. We also have a bar there and then.

O

And then we have tables and some stools in there too. So there will be out and you are requesting.

N

From this board as part of the licensed area, uh an outdoor patio correct, yes, that's correct, and that.

N

Is shown in the application, um specifically on its own page as the patio floor plan, correct, correct.

N

In terms of interior seating, this is shown on on the floor plan itself, but can you.

N

Confirm that there are more than 50 seats at tables and chairs in the indoor section of the.

N

Restaurant, yes, definitely and are those seating counts kind of um shown on the.

N

Floor plan with bold numbers as to how many seats are at each table. Yes, that's correct.

N

Is this what type of operation is this in the sense that.

N

Is this a restaurant operation where every table is served by a waiter or waitress.

O

Yes, that's correct, so even the outdoor patio, all of those tables weather permitting, would.

N

Be sir, if they're open would be served by a waiter or waitress? Yes,.

N

What will your role at this location be a manager? So will you also maintain an active role at the.

N

Existing los angeles as well. Yes, will you be the only manager here? No, I'm going to be well, carlos.

O

And jaime would be managers too, so the three of you will all have a managerial role at this.

N

Location is that accurate, that's correct? Okay, are you personally tips or tam certified? Yes, I am, and.

N

Are you one of the individuals that's responsible for developing and implementing any training of.

N

Weight staff- or, I should say any any staff, who's serving alcoholic beverages. Yes, that's correct! So.

N

Can you describe how you go about tips or tams certifying or if you do, employees and generally.

N

Speaking, what the policy at losses take us to will be regarding certification of tips or tams well, in.

O

Terms of the certification we usually put together a class, the rest of the owners of los angeles.

O

They have more restaurants, so what we do we put together a class and then they get the.

O

Certification, so basically we do. We outsource the certification, the tips, training, certification.

O

This person comes to the restaurant and then they uh he certifies all the other.

O

Waiters and waitresses, but we also have an um a form that that's actually internal for for.

O

Waiters or waitresses, where it says all the rules and regulations that we that we as a restaurant.

O

Apply, uh for example, that we don't take any verticals ids.

O

So they have to um they, they read this form and then they um they acknowledge.

O

That they have to check for the id they have to check the photo. The uh the date of birth.

O

And that we don't take any vertical societies, we also have the um um hold on hold on. Let me.

N

Interrupt you real quick, so that I don't get lost anymore, okay, just to jump in real quick. So you.

N

You hire someone to come to the restaurant, to tips or tam certify employees who have not been correct.

N

Yes, okay, so you yourself are not certifying uh or you're, not a trainer for tips or tams. No.

N

Okay and then, in addition to that requirement, you also have this in-house sort of training. Is that.

N

Accurate okay and that's what you were starting to talk about: correct? Okay, yes, okay! So let's just.

N

Be very clear for the board: what is your policy on accepting vertical ids? We don't take particles id.

N

Okay, so staff is trained that no vertical ids are accepted at the establishment. Is that correct.

N

That's correct yes, okay and then I I at los aztecas I'll call it one, even though that's not.

N

Its formal entity name and then it lo says, take us two: will you have similar signage indicating this.

N

Exactly yes, um I don't know if this board recalls, but some of that signage was testified to during.

N

One of the past hearings, so fernando can you just kind of explain the signage? That's.

N

Up in the restaurant that what it says yes well, we have several assignments actually keith.

O

Help us out with that we have several signings saying that we don't take any verticals ids. We.

O

Have them at the bar? We have them at the entrance of the restaurant. We also have them by the pos. So.

O

It's just a reminder for the waiters or waitresses that uh that we don't take any verticals ids.

N

You are having you know, had a significant role in losses. Take us to date, you're aware of this.

N

Board's rules and and regulations, correct, correct in fact, is that, what's sitting in front of your.

N

You, okay, so um as part of the in-house training. Do you also train your employees on the roles and.

N

Regulations of that book- yes, that's correct, okay and you're, aware also that this board has adopted.

N

I think what we call the state's attorney's diversion program- correct yes, and we actually.

O

Have a copy of a letter by the pos2 just as a reminder again for the waiters and waitresses that.

O

They can be held accountable to it's, not just the restaurant as it used to be before. Okay,.

N

So is it fair to say that, in addition to that notification, you train your employees.

N

On that, yes, that's, correct, okay and then what you were. You were speaking specifically to having your.

N

Employees sign something is that something that is an acknowledgement of all of these policies and.

N

Rules that they're going to be held accountable to yes, yes, that's, correct, yes, and what could happen.

N

To an employee, if they were found to have violated, does it say in? um Does it say what could happen.

O

Well, in terms of the state attorney or the uh the internal internal internal, okay,.

O

Well, they can be uh suspended or terminated. Basically, I'm not I'm not gonna. Ask you to.

N

Verify exactly what the state's attorney would do other than communicating generally to them.

N

Or I introduced in my opening statement losses. Take us 2 incorporated. Is it accurate that this is.

N

A new corporation that has been formed to operate this location in mount airy, yes, okay, and will you.

N

Be an officer of los angeles, 2 incorporated. Yes, what is your title? um I'm vice president.

N

And the um losses take us to there's a document that was included with the application. That's.

N

Titled informal organizational action of the sole director and it's a resolution of the corporation.

N

So I'm going to um to just have this in front of everybody up here, but this is the document in the.

N

Application that specifies their title, their officer positions and their shares and their.

N

Financial contributions for purchasing the stock, so all of that is in this document.

N

That was included in the application, but fernando can you please tell us how many.

N

The number of shares that you own uh 17.5, okay, and can you tell us how much you paid for that.

O

5 000., okay and who are the other um owners just let's, why don't you just.

N

Name them and then explain to the board your relationship to them.

O

um Well, jaime nawa, garcia, I'm a friend of him since 2006, no and he's the one sitting.

N

Over here, correct he's out yes, okay and then um well, jose jesus sergio mesa and juan carlos.

O

They are a friend of mine too. I met them in you know when I started working at a restaurant.

O

Actually in 2008, so they are good friends of mine and my my wife and then carlos garcia.

O

He's a good friend now too he's actually working at los angeles right now, as a waiter.

O

And he's going to be a partner of los angeles too he's a very responsible young man, so I'm.

O

Very happy for him too. Okay, so of those that you just listed jaime and carlos are both applicants.

N

And sitting here with us today correct: yes, that's correct.

N

You understand that, although the application here lists los aztec is too incorporated.

N

That you are still individually responsible.

N

And answer for anything related to this liquor board and this liquor license correct.

N

Correct! Okay- and you understand that in your role as the resident applicant, that this board will.

N

Look first to you in any communications issues, any anything related to your liquor license. Yes, you.

N

Stated that you're familiar with the board's rules and regulations but I'll ask you bluntly: are you.

N

Willing to comply with those rules and regulations. Yes, those are my only questions of fernando.

K

Question general.

A

Done at this time, thank you. I'm next going to call jaime jaime. uh We have brought um nicole fuentes.

N

Correct, yes, okay, who will be translating she is a character witness for one of the.

N

Applicants, but she will also be translating for jaime as well for today's hearing.

N

So you guys, let me know any questions at any point, but jaime can you please state your name.

N

Spelling your last name and address for the record. Okay, my name is jaime garcia.

P

And my address is 6011 fairfield line cycles view maryland.

P

P

It's is nava, garcia,.

P

P

N

Jaime have you been present and have you heard all of the testimony of this hearing? Yes,.

P

Yes, do you find all of fernando's testimony to be accurate? Yes,.

N

And you personally have filled out and signed the application for this correct. Yes,.

N

On your application, you have noted one instance I'll say instance, because it's not.

N

A conviction on your driving record is that correct? Yes, can you please briefly describe.

N

That instance, to the board telling them when it occurred where it occurred, and what the outcome.

N

Was I'm sorry if you need me nicole, if you need me to break that up where, when, where and the outcome.

P

Is this incident occurred in the year of 2008. in anne arundel county near glen, burnie maryland.

P

Q

I was in a party with some friends and I had had some drinks.

Q

I was on my way home and that's when the police stopped me.

Q

I've learned my lesson: I am very repentant of what happened and I've learned my lesson.

Q

I've learned not to drive if I've had any kind of drinking anything.

P

And now I'm a father of four children and I'm even more aware of that.

Q

And my experience I share with others so that they can learn from my mistake.

N

Was was there any conviction or anything, or is this just a note on the driving record.

Q

You had a dui okay.

N

Jaime, what will your role in los angeles 2, be.

P

It and do you have experience in the industry in the restaurant industry? Yes, can you just.

N

Briefly, describe your experience in the restaurant industry.

P

P

The manager, my experience as the manager has been to check ids.

Q

The day and the year.

Q

And that we don't accept the vertical ids.

N

Jaime I'm going to cut you off real quick, because what I'm actually trying to get to.

N

Is where else have you worked other than los aztecas, or do you work at.

N

Los aztecas, I want you to tell the board a little bit about.

N

To communicate to them whether this will be your first time in a restaurant or whether you've worked there previously.

Q

I worked here for 10 years in the kitchen.

Q

I've worked in the kitchen. I've also worked as a waiter, and now I have experience as a manager.

Q

As well- and you have been named, treasurer of los angeles, 2 incorporated correct. Yes,.

N

And you heard fernando say this, but is it accurate that you will be a manager of los angeles too? Yes,.

P

Okay, you understand similar to fernando that, although the application names los aztecas 2.

N

Incorporated that you are individually responsible to this liquor board. Yes, okay, are you familiar.

N

With the carroll county rules and regulations- yes, okay, and are you willing to comply with those okay.

N

Those are my only questions of jaime and I should have introduced ms nicole fuentes better. She.

N

Is actually an interpreter for the carroll county school system as well, so she has some experience.

N

In this in this field- and we are grateful that she was willing to serve in this capacity today,.

I

I I have one question um jamie: how long have you worked at las vegas eldersburg.

I

Six years, okay, and during that time, you and waiter, and manager and yeah in chief in the future.

P

A

Any other questions of this witness just to clarify this mvr record here. He's only had one.

N

Yes, that's dui or dwi whatever it was. Yes, that's correct.

A

No further questions this time. Thank you please. My next witness will be carlos garcia.

N

Carlos, can you please state your name, spelling your last name and address for the record.

R

Sure, carlos garcia casanova, g-a-r-s-I-a.

R

And casanova c-a-s-n-o-b-a.

R

And my current address is 1209 liberty, road, sykesville, 21, 784 apartment 217.,.

N

Carlos, were you present, and did you hear all the testimony of this hearing so far.

N

Yes, do you find all of the testimony that you've heard to be an accurate depiction.

N

Of the establishment- yes, I do, you have filled out and signed this application, correct, correct.

N

You are named secretary of the incorporation. Is that accurate, correct.

N

What will your role in this business be my new year, and can you similar to my question of jaime.

N

Can you explain to the board a little bit of your background in the restaurant industry.

R

Well, like I did work in the kitchen when I was, I think it was back to 2016.

R

And then I started working. I lost a stick as about six five years ago, as a waiter.

N

So you have previous experience in the restaurant industry. Correct.

N

You I'm going to ask you the same question that I've asked the two before you. You understand.

N

That this application has been submitted in the name of a corporation. But you understand that.

N

You are still individually responsible in terms of the liquor board and the liquor license correct.

R

Correct- and are you also familiar with the carroll county, liquor, board's rules and regulations? Yes,.

R

So yeah are you willing to comply with those? Yes, those are my only questions for carlos.

B

It's not red, though,.

B

So how long has the uh the first los aztecas been open.

O

uh For four six, six years now, almost six years, no six, six six years since 2000. So in those six years.

B

You've had a few sales reminders. Is that correct.

O

That's correct: how many have you had two okay and they've all been within a five-year period.

O

Well, one of them was in 2017 and then the other one 2019.. So it's within a five-year period then.

B

Have you made any changes to your policies since then? Yes, what were were they uh well.

O

That's actually when we started uh not taking any verticals ids, and then we also, um we also.

O

Did this uh the internal forum to do you have some uh sort of incentive program that if someone.

B

Finds uh or catches, one of your server catches, someone trying to order alcohol, that's under age.

B

That they get a bonus or like 50 or a hundred dollars extra for doing that, I'm sorry what.

B

Was the question so there's an incentive program that some of the restaurants give that if their.

B

Servers catch someone trying to order alcohol, that's underage they'll, give them 50 or 100.

B

Extra on their check, do you have an incentive program? I we don't have it right now, but I mean.

O

That sounds really interesting um and what signage do you have? I have not had the opportunity to.

B

Visit los angeles, okay, so what signage do you have in your restaurant? Well, this is this is.

O

Actually, what we have on uh uh at the bar and then we also have some signage uh just uh printed.

O

On on by the um hostess okay, which is right in the entrance of the restaurant, and then we also have.

O

Some signage um right, where the uh we have the pos system. That way is a reminder for the for anything.

O

But I mean it's like when you.

O

Well, when you come into the restaurant, it's not it's not in the front door, but when you.

O

Come into the restaurant, you have to go to the hostess area and that's where we have the okay.

B

And those servers that were involved in the sale to miners uh back in 17 and 19, were they.

B

Terminated or are they still working uh they're not working there anymore, not working there.

B

Anymore, mr benford, can you tell us how many successful.

I

Compliance checks there have been since uh november of 2019, eight.

F

um In the back, it's 2017 march of 2017., eight since 2017. correct.

I

Is there a violation in 2019 there's a violation in february 2017.

F

The first check and then another violation november 2019.

I

Since november of 2019 how many successful compliance checks, do you see three.

A

Any other questions this witness at this time, yeah just quickly.

I

Mr garcia casino, um what percentage of the common shares of stock do you own in the company.

R

I believe I have 10 10 and how much did you pay for that.

N

I'm going to hand him that document that I was referencing earlier, that lists everybody 2857.

I

Two eight five, seven.

B

How many restaurants do you own? uh Well, this is going to be. My second is your second.

I

So you have an ownership interest in the eldersburg los angeles. That's correct what.

I

Interest is that how many shares or 15 percent are you on the license at that restaurant? No.

S

B

Do you have a employee handbook for the for the first loss and aztecas an employee handbook.

O

um It describes your policies and oh okay, yes, well, we we do have a forum, you bring.

B

One did you bring it with you, I did bring additional copies. I believe that this is.

N

um So I will hand these out here. Would you like me to mark them? Mr dixon, I had brought exhibits.

C

I thought it was in the file. Well, there is one in the file related to los aztecas, but I wasn't sure.

N

If you wanted me to okay- okay, that's fine! I can. I can mark them quickly.

I

I

N

This is the page, the first page there um is the page that was, I believe, entered as an exhibit.

N

As part of those texas hearings as well, so that is something that this board.

N

It's been probably some time, but that is something that this board has seen before.

I

And the id policy will be at the new restaurant uh same, we don't take any vertical ids and when do.

I

You check: when do we check? When would you check someone's id to make sure that they're of age.

O

um I mean what age, how old! Oh I'm sorry, I thought you meant like literally when they checked, so I.

N

Appreciate the clarification there, I was like if the person looks uh 35 years or younger okay.

I

I assume you check before you serve that's okay,.

N

I know I appreciate the clarification because I was a little bit curious about that one. But okay.

A

Let's kill what you passed out as their current.

A

Requirements at the existing restaurant- that is what they that's the acknowledgement letter that.

N

They require any employees to sign after their in-house training at the existing restaurant and.

N

Then it's been this well as this one. Yes, exactly this one shows the title of los angeles, two.

N

Because this is what will be shown there, but it is exactly the same as the one for low cystic as one.

A

Any other questions at this time.

A

If not, you may move on, I have six character witnesses two for each of the applicants.

N

I am welcome to call them in any order. Would you prefer that I have all of my applicants.

N

Sit back and I call them all up at once- I'm I'm open to any of the board's preferences. If you will.

K

What's your preference, I think we could listen, quickest easiest for kelly.

N

I appreciate that why don't you all of well, nicole, you can stay there, but everybody else. Please.

N

Move back and then and then all of the character witnesses move forward, please they can use that.

A

Microphone back there, okay, anyone who wants to can also line up at the microphone back there.

N

Whatever's easiest is fine as long as you're at a microphone so that.

N

The transcription can be taken of all of this. That's what matters, whichever is most.

A

Comfortable joan ladies wayne you're going to be up first, so why don't you come right here.

A

You realize when you come up here, that's the hot seat. When you stand up there.

A

It's not so hot okay, then everybody's standing, I'm just kidding, stay, get close to any of the.

N

Microphones, okay, so have a seat just sit down. I promise I won't be mean.

N

Okay, all right. First, I'm going to call mr wayne shea! Mr shea, can you please state.

N

Your name spelling your last name and address for the record wayne e shea shae.

S

3161 cardinal drive westminster, maryland 21157, mr shea, who are you here for as a character, witness.

N

Today, fernando okay and approximately. How long have you known fernando six years and in what.

N

Conte, how do you know both professionally and and personally and him and his wife, okay, so.

N

In your knowledge of fernando's character, do you find him to be a fit and proper person to hold a.

N

Liquor license yes, okay, I'm going unless the board has any follow-up. Well. Actually, let me.

N

Ask you real quick, mr shea, are you familiar with the location in mount airy that has been applied.

N

For today, yes, do you believe that it will be a benefit to the public to continue having.

N

A restaurant with a liquor license at this location. Yes, those are my only questions of.

N

Mr shea, mr say you have anything bad to say about him: does he spray your dog or anything like that.

S

No other than other than the fact that he is very.

S

Oriented detailed oriented: well, that's not a bad thing. No, not the only thing you know.

S

Could be bad, I was, I was gonna, say I'll. Take if that's my only character flaw I'll take it.

N

All right, so if there are no board questions of mr shay, I don't know okay, I will now now call.

N

Miss nicole fuentes, uh nicole, can you please state your name, spelling your last name and address for.

N

The record, my name is nicole fuentes. The last name is f-u-e-n-t-e-s. My address is 6611 marvin.

Q

Avenue sykesville maryland 21784 and miss fuentes, who are you here for as a character witness today.

N

I'm here for fernando okay and approximately, how long have you known fernando uh since 2016.

N

About six years- and how do you know fernando, he and clara are friends of my family, who is clara.

Q

Claire, his wife, I'm sorry, no, that's! Okay! I just want them to know so, um and you've heard all of.

N

His testimony here today correct I have do you believe that he is a fit and proper person to hold.

N

A liquor license. Yes, those are my only questions. Miss fuentes, ms fuentes, if I had to spell your.

A

Last name, I would have got it right, oh good, but not mr shays, I wouldn't have spelled it s-a-t-a.

A

I have no question no okay. Next, I would call julio you're right, see.

T

Yes, thank you uh julio. Can you please state your name.

N

Spelling your last name and address for the record julio portillo, p-o-r-t-I-l-l-o.

U

8204, what is.

N

And julio, who are you here for as a character witness today hi me and approximately how long.

N

Have you known jaime, I know jaime since 2010, okay, and how do you know jaime he's married with my.

U

Sister-In-Law, okay, and do you find jaime to be a fit and proper person to hold a liquor license? Yes,.

N

Those are my only questions of mister. Well, actually, I'll. Ask him one quick.

N

Follow-Up, are you generally familiar with the mount airy location that they've applied for.

U

Yes, do you believe that it will be a benefit to the public to continue.

N

Having a restaurant at that location with a liquor license? Yes, no questions, no question.

N

Next, I would call thank you. Thank you julio next. I would call karen valdames.

N

Right, okay, can you please state your name spelling your last name.

N

And your address for the record and make sure you talk into this thing.

V

I'm karen goldman 36 13 6th street baltimore, maryland 21225 g-a-l-d-a-m-e-z.

N

And karen, who are you here today as a character witness for jaime okay and approximately, how long.

N

Have you known jaime roughly 12 years, okay, and how do you know him he's married to my sister's.

V

In-Law as well, okay, and do you find him to be a fit and proper person to hold a liquor license.

N

Yes, I do okay questions next, okay, I would next call james also known as ron.

N

James, can you please state your your full name, spelling your last name and address for the record.

W

James nguyen w-I-n-n, 1103, english ivy court, sykesville 2174.

N

And james, who are you here for today as a character, witness carlos okay.

N

And approximately, how long have you known carlos roughly four years, okay- and how do you know carlos.

W

Texas and you've heard all of his testimony here today as well. Correct! Yes, do you find carlos to.

N

Be a fit and proper person to hold a liquor license. Yes, I do and are you familiar with.

N

The location in mount airy that has been applied for yes, do you believe that it would be a benefit.

N

To the public to have an establishment at that location with a liquor license. Yes,.

N

Those are my only questions for mr ronald question jill. No next, mr rick harris.

N

Can you please state your name, spelling your last name and address for the record.

O

Rick harris h-a-r-r-I-s-1330, denning's road, new windsor maryland two one, seven.

P

Seven six and mr harris, who are you here for today as a character, witness carlos.

N

And approximately, how long have you known carlos five and a half years or six years.

P

Okay, and how do you know carlos, especially in the restaurant okay, and do you find carlos to be a fit.

N

And proper person to hold a liquor license. I do yes, those are my only questions of mr harris.

K

No question that concludes my testimony. Unless the board has any questions uh of me or the applicants.

I

I do not, I do not either.

K

Technically, I don't have any questions, as do my colleagues. However, there's one lady that.

A

Hasn't testified here. Is she to testify? That is because she is married to an applicant, so she.

A

I gathered that by the way she was smiling a lot ago when they were all up here, so I didn't know.

A

Whether she was here, he is here as an observer to testify, or I guess, to give moral support. Okay,.

A

Any questions of miss kelly, no, no.

K

Hearing none testimony is closed. Would you like to make any cleansing remarks? Incredibly briefly, I.

N

Would just like to say that um we are requesting your approval here today, this class b liquor.

N

License I believe that this establishment itself meets all of the criteria for a restaurant, as you.

N

Will have heard and see from the file, and I think that you have before you three owners who are very.

N

Invested in in this location and this restaurant and I I hope that what you will see in the future.

N

Is an excellent, successful location in mount airy? They shared with me initially that when they first.

N

Came to carroll county, they were kind of hoping to start in mount airy and then just didn't find.

N

A location there that suited it, so they are excited to have now found a location in mount.

N

Airy that is available to lease, and so I think, we're all hopeful that this will be a successful.

N

Location for the continuation of los aztecas, and with that I would ask for this board's approval of.

N

Their license today, thank you. Thank you. Inspectors. Do you have any comments? um I've known fernando's.

F

The six six years that I've been inspector here, um I've dealt with him several times. He has my phone.

F

Number, I have to call me, has any questions. I hope the new restaurant works as well as.

F

Pre as this restaurant does now, I know he had two violations in the past, but I don't think that was.

F

Their fault, more server's fault, um I think he'd be a fit and proper person have a liquid license.

A

Fernando, since he offered that you have his phone number.

A

Call him every sunday afternoon at 1, 30. okay. Does that mean I have to answer.

A

If there's no further testimony at this time, testimony evidence is closed.

A

We will deliberate as a commission as to the worthiness and usefulness of this application.

A

Gentlemen, you have heard testimony your comments.

I

Well, mr chairman, I am very familiar with los aztecas and eldersburg. I've had many enjoyable.

I

Meals there uh with family and friends, and I feel that that establishment is very well run.

I

uh Very successful very popular, uh and it deserves that success and popularity.

I

I expect that los aztecas two is going to be similarly well run and popular and successful.

I

Listening to the testimony from the character witnesses brief as it was, I believe that.

I

It's all accurate and, and the comments by inspector benford are also reassuring, um so.

I

I have nothing but good things to say uh about the restaurant eldersburg and uh I um await a motion.

I

For my colleagues, well I I, mr barnhart, even though I have not had the pleasure to visit.

B

uh Los aztecas, I respect mr barnhart's opinion- uh he's been there probably many times to eat so.

B

I think it's probably run very well. um I commend you on your your your policy.

B

uh Written policy- I think it's great- I wish most of the restaurants had something like that.

B

um And you you make your employees sign it, which is really great. I respect mr benford's opinion on.

B

It so with all that said, I could make a motion if um chairman you're, okay with that so on uh case.

B

uh Number 6412 application for a new b class b. Beer wine and liquor license to be issued to.

B

And excuse me for pronunciation, uh fernando uh nano, uh jamie, garcia and carlos garcia for the use.

B

Of los aztecas ii, incorporated at 1604 ridge side drive mount airy. I would make a motion to approve.

I

I second that mission most it's been properly made and seconded that this commission approved.

A

Case 6412, which is an application for a new class b beer wine and liquor license.

A

To be issued to fernando biero, jamie, garcia and carlos garcia for the use of los aztecas, 2 trading,.

A

As las attackus, 2 1604 ridge side drive in mount airy, all those in favor sigma5 is saying. Aye aye.

A

Opposed no the eyes have it congratulations best wishes. Thank you. We hope you as as successful.

A

At this location, as you are presently, thank you very much, there's any questions. Don't.

A

Hesitate, you're, a very competent attorney and our inspector or office. Thank you. Thank you.

A

Just one note, I'm sure miss kelly will probably tell you, but you have to go and leave the building.

A

The same entrance that you came in because they're going to take that wonderful little.

A

Temporary badge off of you, so they know that you're not holed up in a locker somewhere great.

O

Thank you very much. Thank you. All good luck best wishes. Thank you. You get another one of these.

I

So you will see us, yes, okay, your time will be limited to two minutes this afternoon.

A

Do you wait? We want to uh prove some of this business, it's noon or you want to come back.

A

And do it what's your pleasure, it is lunch we got to be back here by, um but we got to do this.

A

So you want to go to lunch first or you want to do some of this first first lunch. First, uh what.

K

Time are we coming back uh 1, 30. yeah, I guess about 1 30. joe. Can we do this in a half hour.

A

Yeah, this means adjourned till 1 30.

A

Okay, we're back in session we'll begin the official business agenda. First thing on the agenda.

A

Is the approval of the minutes from the august 10th meeting? Is there any corrections or additions.

A

Next item there will come up here in about a half an hour. We just discussed the third, uh the second.

A

Item is a request from covalent distillery for an outdoor patio area as part of their site.

F

There's a drawing that you guys can come around um if anybody knows that building on main street.

F

It used to be united union national bank, oh yeah, building in mount airy. No, no, no westminster.

B

Street westminster westminster the one with the drive through arch enough mood um at one time. It.

I

Was a taxi stand years ago used to be the bus stations across from the old hotel on the west.

A

South side of main street, whatever it is, it used to be city garage before you all were born yep.

A

I remember that's why I said before you all were born so basically there's two buildings.

F

There's an arch that keeps them them together, but it's an open driveway in between the building on.

F

The left, as you face it's going to be the distillery side, the building on the right.

F

Is going to be the tasting side, they want to put an outdoor proceeding area in front of the.

F

Building on the right and along that driveway that goes in the middle, are they in operation.

F

Right now, uh november, 10th is when they're supposed to open up, but we have approved.

F

Their license, okay, do they look like they're gonna, be on on track as far as november 10th.

F

Yes, yes, I'll go with the um she's, been kind of holding back on the day because it keeps on.

F

Being pushed back, but now she finally actually published it as out in the.

F

So she's going to do her best to be open november 10th. I think I'd recognize this.

F

In this building sit back probably 20 feet from the sidewalk, so there's is a good amount of room.

F

For that outdoor seating area yeah parking in the back, it looks good to me from what.

I

I can see, I don't know any problem with that. Okay, uh we already discussed pleasant valley.

A

Request from jerry stambaugh about yes about the addition of a tent or 18th use for catered events.

I

um So jerry stambaugh is who he's going to be pulling up another building up in it? There.

F

Should be a drawing bridge, um but he wants to put a 10 a 10 up temporarily until the building gets.

F

Approved and I think we're going to finally see the at the other additional restrooms.

I

All right so so I don't know who jerry stambaugh is blood zone brewer.

K

Okay, all right, that's that's what I need to know. Sorry, I couldn't think of the first time.

I

I

He has, he has a building already yes and he's had so he's expanding and then he expanded again. He.

F

Had 10 up and then he took 10 down and he put a building up to expand on the building and then.

F

Now he's doing another tent to eventually put a permanent structure where the tennis, okay,.

B

So the the 10 he wants is the 20 by 40 foot right, okay,.

A

I still can't believe that he gets anything permanent where it's at.

B

He does a big business down there. That's not the point now.

B

He does do a big picture. Five zones is in a flood zone. Well, I've been there yeah.

I

I just didn't know jerry's last name.

A

A

Requests for one day, liquor license from mcdaniel college alumni association for outdoor events on october, 1.

A

At gill, stadium november 5th, at gill, stadium and november 6th at ingler porch, where is engler porch.

F

All right, mcdonough campus safety, where's angler porch.

E

I believe it's down there in the decker center, all right, where's, the texas, that's the main, that's the.

E

Main building where the admin is, if I was to a memorial service up there a month or so ago,.

A

Baker chapel you're, familiar with baker, chapel.

A

I went in off of pennsylvania avenue to get close to the chapel and there was a a building.

A

With a large tent thing,.

A

Approximately the same distance from pennsylvania, avenue and main street on the campus there, but.

A

Twice as far from here to the end of the building from baker, chapel, I'm guessing that's where it is.

A

Here's the porch, it might be the one that's down in front of the president's dining dining hall.

F

This is the best I don't know where that's at, but okay, it's off, okay, yeah! I have an idea where it is.

F

But tina's getting it that's. The porch looks like it's in the angler dining hall, yeah yeah. That's.

E

It that's it, that's it. That's just it's just off the cook house there so yeah any objection.

A

I assume it's homecoming or something special with the football field. One of.

T

Those two items: okay, requests of attorney for john sarah senior; that raphael's be allowed to.

A

Participate in the oysters role on october, 8th to be able to serve alcohol outdoors.

D

Just found out that mr sarah senior has passed away, they'll be submitting an application.

D

For a new licensee now as soon as we get done that before we move to the next one.

A

While george is looking at, what kind of correspondence do you have in regards to.

A

The licensee of buds, it's overrun, we gave them an extension and that was 30. Some days ago, yeah.

D

The last I heard they're finally working with an attorney to try and get it straightened out.

D

But they do not have it straightened out yet apparently,.

K

So uh the discussion do we need to take formal action to put them on notice.

A

Or something since we already gave him an extension and nothing happened.

B

I think we should follow up on it if we gave him an extension and they didn't.

B

Meet the extension, has their attorney been in contact with you, joe? The attorney has well.

I

And then I I think that at the very least, we should uh require that the attorney put.

I

Us on notice of his representation and what the issue is yeah, if, if they're represented.

F

You want me to hand deliver a letter from the board.

P

Yeah that'd probably be good yeah. I think it'd be a good idea. We can yeah.

I

So this tent for raphael's is on.

I

Not a tenth, it's not a tent just to be able to participate. What does that say.

A

He's going to put a tent yeah, it's a pop-up on the street, correct, okay right in front of his.

B

Success business, so it's going to be actually on the street because.

I

The street's now pedestrian, yes right! Thank you, yeah. That was my question to joe about.

K

Zoning on the sidewalk, but it's not on the sidewalk, it's on the state highway.

X

Any objections.

A

I know you'll take care of notifying buds.

A

Requests from mark bailey of mount airy vfw to hold an outdoor event on veterans way by their building.

A

Have they done this before? Yes, any problems? No, no. I mean pete.

D

I also got a last-minute request from them.

D

That they would like to participate in the oktoberfest by being able to sell liquor.

D

Inside the post and people being able to carry their drinks outside on the closed main street,.

F

And I just got off the phone before lunch with the council member councilwoman, who got the one.

F

Day liquor license for it and then the town does not want them to participate and allow people to.

F

Come out of their establishment with alcohol who doesn't want them to participate in town.

F

The town of mount airy- okay, don't want the bfw to participate. They've had issues with them now her.

F

Her her name's on the liquor license and she she can't. She can't verify that they card everybody.

F

Correctly and what they, what they walk out with so she's asking the board to say no.

F

The town does not want them to participate, allow the alcohol to come out asking us what.

F

Does she put it in writing? No, she called me. She called me on a text me and I'd called her back.

F

And talked to undefender all right: let's get one thing clear started.

A

Okay, is this the same request, because there's no date mentioned here also says.

A

It has been on veterans way for other buildings. No, that's that's a different! That's a different.

A

All right, that's different requests. Let's settle this one. First, it's like it's september, 25th.

D

I thought it was on the email somewhere, it says: hi joe re september, 25th picnic.

I

A

So this got nothing to do with the councilwoman this this event, okay, so mark bailey, is on the.

F

License at the vfw okay and that one they've done before that when they've done that, for it.

F

The council has not she's not saying anything about that. We could improve that one right. Yes,.

A

Any objections to that: no, no, all right now, the second one joe. What's the request of the second.

D

um It's for this saturday september 24th, the main street in mount airy.

D

Will be closed for oktoberfest? The bfw would like to sell liquor inside the post and people be able.

D

To carry their drinks outside onto closed main street all right now. This councilwoman is on a.

A

One day vicar license for the town of mount airy, correct, pamer, pamera reed is the name on there.

F

Okay, which we approved last month that license that license, would not have any effect on the dfw.

A

License and the vfw's license would govern their participation by taking drinks out.

B

That would be bailly on that on the vfw license right, but that, but the.

F

Just like we just talked about raphael's rafael's is asking to do it outdoor and the.

F

City of westminster has said, okay to raphael's right. The town of mount airy is saying no.

F

They don't do not wish to have the vfw. You only have that by a council person not.

A

Officially by the town of mount airy, but I have it by the.

F

I have to buy the licensee on the one-day liquor license. That's immaterial! Okay! I can.

I

Are they closing down main street? Yes, okay, so we've already approved oktoberfest.

I

Because there's something we approved and main street was not closed down right and and we had a.

I

Concern about that remember that yeah yeah correct different than that correct. This is different from.

F

That this is oktoberfest, we approved it last month. This is something they've done in the past.

F

They closed down, make sure you let let people walk okay, the person who has that license that.

F

We we approved is requesting the board not agree, not allow vfw to come on on to main street with.

F

With alcohol does she? My point should be this: she is a council person, but is she officially.

A

Acting on behalf of the town of mount airy or just because she's on that license.

F

She made the resident difference. Okay, I can't. I can't give you a 100 correct answer. All I can say.

F

Is she's the one who did the resolution for the town to allow this to happen? She's the one who.

F

Did the one day liquor license, I believe she's acting as a town for the town. I don't want to.

F

Guarantee, I don't want to say I might hunt that question. I might not understand I'm just saying.

F

But she she got the resolution, because the town has to have a resolution to allow them.

F

To close the main street, the town council passed a resolution that that she introduced closing main.

I

Street for oktoberfest correct and does the mayor have to sign anything? It's just a council decision.

F

I would think the mayor signed a residence okay, me too, I think so too, so that they closed the.

I

Town, the council and the america have closed the main street correct, made a pedestrian and then.

I

Various licensees come to us and say: well, we want to participate. We want our patrons to be able to.

I

Go out into the street correct and that's what this vfw is doing correct by uh this last minute.

I

Request that joe just gave us and there's been a a verbal communication to you that the applicant on.

I

The license for oktoberfest is against it. Correct so did vfw participate in oktoberfest last year.

F

I don't remember so: how does she know? How does she know how they're carting.

F

She doesn't know she doesn't know right and she doesn't know what their cert, what their.

F

Because she, as the one day as a licensee she's over serving and make sure everybody's over 21.

F

She doesn't know what the v, because she's not going to be in the vfw, want a car she's not going.

F

To be sure, people not carrying and she's concerned, not saying it's going to happen, but they could.

F

Be overserved: well, that's any establishment there and and but she's concerned about that.

F

And she's requesting the board not allow people to leave their establishment. She just doesn't.

B

Want him to leave the establishment with alcohol or other establishments there are able to leave.

B

No, none of them are not, none of them are upper deck is requesting it also, but they.

F

Haven't they have but they're using the carrying license, which I'm going to tell them? They can't.

F

If the board tells me that we have w, can I think, as as the licensee.

F

I don't want them to participate. I think the board should support what I as a licensee.

F

Won how about the pizza place there? They have a license lorenzo's. No, we have no. We have not.

F

Heard anything from that we have not requested to participate now. So the only request we have.

I

To participate on the oktoberfest by allowing our patrons to go out onto main street is vfw ufw.

F

And then upper deck because then upper upper deck, I think, sent a letter. It's an email has.

I

The upper tech made a request, yes might have been last month, because it's not did. We approve that.

B

I have to see if we approved it last month was uh august right, yeah, okay,.

F

I got uh I got a request, thursday. You should receive a request also thursday, from what.

B

Upper deck on the upper deck okay, so last month we did consider a request.

I

For an outdoor event of mount airy, main street association on the wine and cheese on main street.

I

And that's the one where they did not close down correct and we had a concern about that.

F

And they they changed the round. They moved did some things around and made it.

F

Better, they put it all in one location, they had a one-day liquor license for an outdoor event.

A

A block party on downtown august, the 27th of 2022, which we approved I may have.

D

Missed it, but I don't have anything they're closing the road for that.

A

Appeared last month did we approve oktoberfest. I can't.

D

That may have been the month before it could see what mount airy does with what you usually.

F

Do is they submit several at a time, so it could be back. It could be back a while ways back too.

F

Right so I'm looking at at the july agenda nothing on there. I don't see anything about.

I

Oktoberfest for mount airy, I see uh yeah, that's just a city, spirits, mount harry.

A

There's nothing in june, nothing in june.

F

Can we take if we table it, I can we can go upstairs and look.

F

On the computer and tell us hey, we approved a request from pamela reid, representing the talamari.

A

Mount airy for two one day: liquor license for events, prevent ava's, t21 foundations on june. The.

A

4Th september the 24th mount airy oktoberfest, so there's where we approve the oktoberfest.

I

Two different events: one is a fundraiser.

I

The other was for the town.

D

So if I'm understanding right, if you tell the vfw, they can't do it, then you'll have to.

D

Tell upper decks that that is what I'm that's with board approval. That's what I like to do.

F

Tell both of them they cannot participate. The town does not who's going to sell the liquor.

F

Town has people, and I think it's just it, I'm not sure if it's beer and wine or yeah vendors.

I

Yeah, the vendors will be allowing vendors to take over certain areas and those are going.

B

To be outside, so they don't want any competition. What you're saying sounds like what it bounced to.

F

Are we correct, I don't that's probably what it is. I don't care one way or the other, I'm just.

A

Saying it kind of feel better to have a request of the council woman in writing. Okay, um an email.

I

Expressing her reservations for the just, so we have a record okay, I can have that. I can.

F

I can have that. Well, I mean it's just my thought: yeah. How did the rest of the board.

K

Feel about that hey, my thought is, it should be in writing and should be if, if, in fact, this is.

A

A town event: it should be official notice from the town right mount eric just an individual.

A

If she's, if, if she's authorized to do that, that's fine well, she doesn't know about the upper deck.

B

Then no, no, she knows about the upper deck. She told me about the uppercut, but the up upper deck.

B

Was okay with her? No, the upper deck doesn't have to request because they have a catering license.

F

I have an email from the upper deck thursday asking them because they have to give us seven.

F

Days for the cabin license, so they their rules a little bit different from vfw. Okay, the carrying.

F

License allows them to do that, but with the cabin ice you need to have permission from the.

F

Place you're going to set up, you can't just go to someone's house and start.

F

Selling alcohol so do they have permission from that place to set up.

F

Now the town's game, it said no okay, so they didn't give up or deck permission to set up. Then no okay.

F

But she's uh pamela reed's in discussion with upper deck jamie, saying jamie, says well.

F

We can we have a catering license. No, they need to have permission from that location to do a cater.

F

Event: okay, you know they can't just show up at someone's parking lot and start selling alcohol.

I

Upper deck has a catering license. They have a parking lot.

F

They would they use a town parking lot. Oh the oh, it's not their parking lot.

F

I don't believe it's their parking lot, because I know there's a book three or four businesses that.

F

Use that parking lot, so I I think it's a town park, but I'm not knowing mount airy that well. I can't.

F

I can't give you may or may not be a distinction, I'm not just I'm just putting it out there right.

F

I just have cons. I just think if the if the licensee.

F

Doesn't want it, I don't think we should. Let me ask you: this: has the upper deck.

I

Ever requested us or applied to us uh to sell to go alcoholic beverages. Yes, they did so and we.

I

Approved it so they have an application. I mean they have our approval to sell to go correct.

B

I think my problem I have with uh this: is it a councilwoman? That's asking this. I think my problem.

B

With the councilwoman's uh is her excuse for them not being able to uh not carting correctly.

B

And over serving, where is the proof for that? Her hurt, I mean that's not saying they do it. She's.

F

Not saying but she's concerned that she has no control over it, it's her name on the license. She.

F

Doesn't have control over what they're serving who they're serving and well then she doesn't.

I

Want anyone to be able to do it based on that argument, yeah, she doesn't want anybody any outside.

F

But she has control over the vendors that they're going to bring in yes, okay, because.

F

It's their her license. She has control of the vendors. All the vendors are using her license. Yes,.

F

Now west city westminster does a little different. They allow city, spirits, 84 east main.

F

Raphael's johansson's earlier they allow them to do to do that with board permission.

B

So we've given them permission correct, but you can also, I believe you can also say no to that too.

I

Just has to be across the board.

I

Right uh for conformity, yeah.

F

Each town across the board I mean and she's not she's, not being selective.

F

She's not saying you know what renzo's can do it she's saying she doesn't want.

F

Anybody to do it right, it sounds to me like it's more. I shouldn't want any competition.

F

Yes, probably I don't know I mean I don't want to get. I thought.

F

If the town, if the town says they don't want it, I thought the boy would go along with that.

I

Well, I think that's persuasive yeah, if it's in writing from the town, yeah, okay,.

F

Yeah signed by the mayor, signed by who you want to sign by.

B

I'd like it signed by the mayor, it could be signed by any f person who has the authority.

A

To do it to act on behalf of the town, I think she does because she got the license, but she.

I

Has to say that she says on behalf of the town of mount airy, okay, I am requesting all right.

F

I have two days to get if she gets us to us by tomorrow or friday. You got an email.

F

Right and and apply get this afternoon.

F

The board is going to say with that information would say. No, I would say um I would go take it.

I

To dave, take it today, take it to the chairman and see if it meets the our criteria. Let me all right.

F

Okay, I would I have a letter. Hopefully I can have larry before the board.

F

Is over at two o'clock? Hopefully we can never see or we can do that, but.

I

But but in lieu of all of us reviewing it, you know the chairman can make the decision.

I

That's my thought: all right: we got that dead horse yeah all right. Let's move on.

A

We got a request from susan nardis of rock salt to participate in the oyster, stroll any objections. No.

A

Requests from uh brian zuber of stratosphere to host a one day outdoor event on october, 8th.

A

For an oktoberfest event, you all know where stratosphere is where they throw axes inside there.

F

They you have approved their outdoor seating, they actually expand a little bit bigger than their.

F

Actual outdoor seating area, so the oktoberfest event will be on that little patio in front of.

I

Stratosphere yeah and some of the grass too and and and you talked to them about.

I

Our concerns about barricades, yeah yeah, someone out there staffing all that stuff. Yes, okay,.

F

And this is a new event.

I

Will you be there if the board tells me yes, I would be.

F

I think I think it's actually going to take one of you ought to go yep. One of us would go it's.

F

Approval of outdoor events and fundraisers by tonytown.

A

Vfw and there's a list attached to their requests.

I

um Just I'm sorry to get back to something on this letter. Stratosphere is requesting that the.

I

Other tenants of the building be notified of the upcoming event. We have done our due.

I

Diligence to inform them as well, however, we do not have all necessary contact information.

I

Are they asking us to now? I think he he notified them. He just doesn't he's basically saying that he.

F

Tried notified everybody doesn't okay, let's just say, there's a letter addressed to us. I thought, but.

F

That's why that talking, though I didn't read, I actually read what he wrote but talking to him.

F

He was going to notify everybody. Okay, it's a.

F

October, 8th is a saturday yeah. They always do a good job there. I think yes, I might.

A

No outdoor accident.

A

Straighten that up.

A

Tawny, towns, events.

A

September 24th ray drawing.

A

October 1st, for crab feast october, the 15th family fun day at the post, pavilion.

A

250 club on october 21st, another oyster feed on the 29th and christmas party in december. The 4th.

A

Any comments you all like to make other than they've done it in the past, probably most right.

F

I mean joe did send out emails to all the clubs about expanding their outdoor air, adding their.

F

Outdoor air to so we don't have to go through, approve those, no one's responding back to us.

F

So we are going to be directing more attention to try to get them to just submit a plan.

F

For outdoor areas, but I have no problem with so there's no plan with with this request, yeah.

F

They have a parking lot out out front that they use any objection. I have an objective quest.

A

From a green term, excuse me the green turtle here in westminster for a parking lot permit.

A

On sunday october, 16th to have a car show and corn hole tournament.

A

I assume that request is to expand to the parking lot to be able to serve alcohol out there.

F

There's two there's a map. The big box is, for the car, show the small boxes for the.

F

Cornhole I'm familiar yeah, fencing and things like that.

A

Any objections no well, I just have a question. The car show is it's a very big area, correct.

I

And but that's going to be segregated from their every place else, with a fence.

I

No fancy thing: they have okay,.

I

I have no objection.

A

Requests from 84 east wood fire kitchen to participate in the october 8th worst roll.

A

Any objections, no another request from 84 east wood fire kitchen to.

A

Be able to not open until 4 p.m, tuesdays and wednesdays until they can find more employees.

I

I don't think they'd be making that request unless it was necessary yeah. I have no problem with it.

A

Now I don't know about this next request. It says letter from kelly schaefer-miller.

A

Esquire about the proposed legislation for special license for the carroll county arts council.

A

Can we postpone that until we go through the rules.

A

And regulations, yes, that's what that was intended for. That's, yes, thank you.

A

Mr benford retailers training seminar in june 2023. Yes, we look at two dates: june, 1st or june 8th.

F

What days of the week are those thursdays yeah? That's fine.

F

Hopefully I thought you said thursday, yeah june 1st and june 8th. Yes, we have to pick a date.

F

You'll see on that form, there's a form, that's floating there.

F

That's what the form everybody's going to fill out to register for the event and where's vent.

B

Now, carroll community college: oh good! What time's the start! Nine o'clock it'll be over by 12 o'clock.

F

Hopefully, unless you you know just looking at the top of this, yes rings a bell with our.

A

Discussion earlier about continuing education, this is not technically a continuing education course.

A

Which did you assume go through all that with all this full registration form.

F

I agree: it's not continuing education, but they get money for every student that they register.

F

And have trainings, even though it's from outside teachers, they can still consider continuing.

F

Education and training is doing registration, they are or we are both. There will be three.

F

Ways they can, they can go online, there'll, be a link to go online. Fill this form out. They can.

F

Call in to the college and fill this form out, or they can call joe in for it hold this form out.

I

So really the thing that's changed. The most is that they're not requesting social.

I

Security number, which was a problem that some licensees had, is that right.

F

Yeah and I got rid of the original one- I got rid of the credit card information on the bottom good.

F

And I'll tweak it with the date, I'm gonna try to fill as much stuff as as possible.

F

On the forum, the date, the time all that stuff.

I

Well, on the form I have, it says, if paying with a credit card register online.

I

Do our licensees have to pay to go to the seminar, no, that that that line should be taking off.

F

It says free where it says cost it says: free, okay. Yes, I see.

F

Now there is no cost for the for the training. um The college will charge us a fee to host it.

F

And do the registration and do the setup and tear down and then, if we get food.

F

Whoever get food through, we might have to pay for college for the food.

I

I'm sorry, whoever what the food! If we get cut.

F

The food like the continental breakfast we do they provide, we have to pay for the food.

F

But I just need to know what date do we want to pick.

A

You want the first thursday or the second thursday my suggestion to do the first.

F

Thursday, in case weather, then we can always do it. The second thursday yeah. That's a good idea.

F

um It's actually open to the 15th too, but that's the day after a hearing- and I don't want to.

I

Access too much, I don't want to see you no it's in june you're not going to have anything but.

B

Rain, maybe if you have anything yeah I mean right. I was gonna say you think it's gonna snow in june.

F

Well, we can have torrentials down for us. They close the schools down for one day because of.

F

Rain, so it's happened in the past, it could have flooding could have flooding. That was a day school.

E

Bus, yes, I mean school buses might not operate if that college floods. I don't want to be around here.

I

But the roads for people to get to the college yeah. The college is closed.

F

The students are out and public schools are still in, so I think it's a good week to do it.

F

In between those two, so so there's an agreement up here june, the first yeah, the first okay.

A

Those are any other business to be brought before this group before we go back.

A

Up to the top, can I add something? Yes, you may. I was told by mr burke that.

C

Any proposed legislation that the liquor board has needs to get to the commissioners by november.

A

Well, hopefully, after we have a hearing this afternoon,.

A

We will be able to forward that next month after we take an official vote, am I correct on that.

A

So that would give certain parties upstairs two weeks to get it to the first of november.

A

That's sufficient time november, so so tim sent out some proposed or we're proposing legislation too.

D

Yeah, but I thought I thought that tim had a uh a summary of our of what we were proposed. Yeah.

D

That's what he does, okay, so I'm just the next month. You'll just say yes confirming forward.

A

But what we discuss here later today, whether we're going to move forward with it or not,.

A

Right but the official vote will not be until next month.

A

Right anything else, any other comments. Anybody has this thing or so on and so forth. I think there's.

K

Some help, if not all right, ladies and gentlemen, welcome uh as a preference to our next agenda item.

A

Which is a public hearing for the proposed rules and regulation changes that we have as a.

A

Licensing board discussed, along with some suggestions, recommendations and comments.

A

By members of the public and members of those establishments that are involved with this.

A

We have before us.

A

New wording in the previous wording now in the essence of time, unless you all.

A

Have some objections? There are certain things in this thing that are required.

A

By previous legal decisions that we have to change in our rules and regulations which.

A

By law no longer apply, so they will be deleted and there will be some other situations.

A

Where wording has been changed simply to simplify things, so I have before me the sections that are.

A

To be changed, and so on so forth and beginning on the first page of the changes on page two simply.

A

I'm not going to read this whole thing because it really is.

A

Immaterial all it does is add to alcohol and tobacco tax. The word commission.

A

And their new phone number and, of course, the date if these changes are accepted.

A

Will be revised and adopted as of october or whatever the date is now. The main main change.

A

On the first page is under rule six number, one which includes outdoor seating to a drawing.

A

Which is submitted by the licensee by the for the applications and so forth. And as.

A

Most of you are aware, we now have many requests for outdoor seating and so on and so forth.

A

And we simply inserted the word outdoor seating to be included on that.

A

On the next page of the changes under rule 6-2-a.

A

According to law, we have to eliminate where it says, a registered voter and taxpayer.

A

Is eliminated and it simply says resident of carroll county when the application is filed.

A

Eliminated and struck is and shall have resided in carroll county at least two years prior to the app.

A

Application further down in the next one, we have to delete again registered voter and taxpayer.

A

It now says resident of carroll county when the application is filed and shall reside in carroll.

A

County during the entire tenure as resident licensee struck from that rule, as shall have.

A

Resided in carroll county at least two years prior to the application, as we go through these pages.

A

If there is questions or discussion in the essence of time, please don't hesitate to stop.

A

A

All right on the next page under rule 6, 2b.

A

Halfway through again, we have to eliminate registered voter and taxpayer.

A

And eliminate, and shall also have residing carroll county at least two years before the application.

A

And again down at the bottom of the page, registered voter and taxpayer resident.

A

Simply says now that you shall be a resident of carroll county when the application is.

A

Filed and shall reside in carroll county during their entire tenure as a resident, licensee and.

A

Eliminated and shall also have residing carroll county at least two years before the application.

B

Yeah there's a question.

Y

Question documents and I'll ask you now or about that? Yes now I just want to know.

Y

Is that part, and I'm not trying to beat this dead, but isn't that part of the maryland code? This.

Y

Is this section, so don't you have to change the maryland code too?.

A

No, I don't think that's part of the maryland code. That's part of our rules.

I

The maryland code was changed in response to the tennessee case.

Y

Right so so we're we're bouncing that off of.

I

The change it's already been changed, yeah. Okay, all right! That's good! That's all! I want to know.

A

Okay and under rule 6, 8e and e1.

A

All the way at the bottom of the page.

A

Miss kelly: what's that word.

A

We have changed that particular word most everywhere, as you will find it.

A

In these rules to simply be financial.

A

So, instead of pecuniary interest, it will now say financial interests.

A

On the next page, on the right hand, side halfway through.

A

Same change: that's changed from that to financial interest.

A

The next page under rule 10d.

A

Transfer of the management, responsibility and slash or of any economic benefit associated.

A

With the establishment in question may not be made prior to the board's final approval.

A

Of the transfer, however, strike the word after and insert before a transfer a prospective transferee.

A

May work for salary only under the existing licensee or licensees for a period added to.

A

Be determined by the board provided that the board approves the arrangement in advance.

A

Under 12 at the bottom of the page on the right, all license holders shall.

A

Maintain on the license premises, a record containing the names addresses phone numbers.

A

Strike ages and include birth dates of all persons employed by them on the premises.

A

Moving on to the next page under be at the top to the right.

A

All state and local taxes shall be paid before the license is renewed.

A

Added wording- all state and local taxes must be paid by april. The 20th of the renewal year.

A

Or a fine of fifty dollars per day will be incurred until the tax payments are satisfied.

A

Rule 15 h next.

A

Second sentence: failure to obtain the license from the board by may 1st shall result in strike.

A

Revocation and add suspension of the license unless the establishment is temporary, closed.

A

In accordance with rule 11 added and will result in a revocation hearing to be held.

A

At the next liquor awards hearing date, can I make a suggestion we get rid of the word ratification.

F

Just make it a hearing, because that way you can suspend it, you can revoke it, you could do whatever you need to do find it. If you want.

A

It's my understanding. The reason for this change for revocation is because, if a revocation occurs.

A

It has severe consequences for both the licensee and the location of the establishment.

A

And we felt to insert the word suspension until this board could have a revocation hearing.

A

To be held to determine whether that is or not,.

I

So I I talked to keith about this. I understand what keith is saying and it sounds like.

I

uh When you call something a revocation hearing, that means that it's a hearing or.

I

Whether there'll be a revocation, but I think for the board's purposes, a revocation hearing.

I

Can include any type of remedy that we wish to assert, although.

I

What keith is saying I understand, uh you know it sounds like it might be, a hearing just for.

I

The revocation uh and that that might limit our options, so what keith was thinking is that just.

I

A compliance hearing or a violation hearing or something like that other than revocation.

I

Might be clearer to a licensee reading this language, um I'm agnostic about the issue. I.

F

Would I would defer to tim dixon too and see what yeah I mean? We seem to know what the issues are.

A

um Okay, attorneys there's three of you.

A

Maybe more I don't know, I don't know that I necessarily have an interest in this one, but I'll.

N

Say violation hearing, I think, seems clear because then, if you wanted to fine, if you wanted to you.

N

Know it would be in keeping with any of your other violations hearings where you could still revoke.

N

But you could also do other things and it would be more clear that there could be potential other.

N

Outcomes than revocation from that hearing yeah, I agree with kelly. That's a good idea.

A

So we're suggesting uh we're letting the wording in except changing, revocation to violation.

I

Yes, that's good so make that.

A

Section or edition whatever.

A

And at the bottom of the page, under rule 16, multiple places.

A

We're changing that word again to financial.

A

And at the top of the next page, uh we're striking that and changing to financial interest.

A

A

To go on with that financial interest is defined as ownership of at least 10 percent of the.

A

Outstanding common stock of a corporation with voting rights, this is being added common stock.

A

Of a corporation with voting rights or holding at least a 10 percent interest in a limited liability.

A

Company with voting rights, for which actual consideration paid is at least five thousand.

A

Strike llc, which is entitled to vote in any stockholders meeting.

A

For which actual consideration paid is at least five thousand dollars.

A

Skip down to number one on the same page qualifying resident applicant is defined.

A

As the applicant, who is a carroll county resident strike and has been a show for at.

A

Least, two years immediately preceding ad, at the time of filing of the application.

A

Here again, we strike pecuniary and put financial interest continuing on with number two financial.

A

Interest requirements shall be deemed met if the actual consideration for the corporate war. This.

A

Is being added for the corporate or interest in a limited liability company exceeds 5000 regardless.

A

Of whether the stock or interest owned amounts to 10 of the outstanding stock or interests.

A

That is being added strike and there is a typo there. Yeah, it's 105., yes 105.. I got.

A

That marked here, yeah and I was going to I- can understand you- hit the five instead of the top.

A

Okay and strikes at the bottom of the page stock exceeds five thousand dollars.

A

The top of the next page, regardless of whether the stock owned amounts to ten percent.

A

Of the outstanding common stock under three.

I

So can we discuss that for one? Second? Yes,.

I

I

I

Requires ten percent interest.

I

For which actual consideration paid is at least five thousand and then further down 1682.

I

I

The ownership interest, regardless of whether the stock or interest owned amounts to 10 percent.

I

Of the interest I mean the outstanding stalker interest as long as five thousand dollars is paid.

I

It struck me as a contradictory language.

I

If I was a layman, I would think was contradictory, um so it seems like you're saying not you. It seems.

I

Like we're saying on one hand, ten percent and five thousand dollars, actual consideration is required.

I

To have a financial interest and then later we're saying well, uh five thousand dollars.

I

uh Irregardless of whether it's 10 in the stock or not that's the way I take it. I read that yeah so.

I

The whole reason we looked at this begin with was that the old rule did not make.

I

A distinction between uh maryland corporation and the maryland limited liability corporation.

I

One issues stock generally and one generally does not.

I

But the old rule referred to percentages of stock, so to be clear, we uh we suggested this.

I

Language but then, as I was looking at it just seemed like one, was contradicting the other.

I

If you pay five thousand dollars, it doesn't matter what the percentage is.

I

Of ownership interest right, whereas before it didn't matter, this is all on rule 16.,.

A

What do you mean before it did matter? It was 5, 000 or 10. um Well,.

I

Financial interest is defined as ownership of at least 10 percent of the outstanding common stock.

I

Of a corporation with voting rights or holding at least a 10 interest in a limited liability company.

I

With voting rights, for which actual consideration paid is at least 10 is at least 5 000.

I

So it's not saying or actual consideration is paid, it's saying for which actual consideration is paid.

I

You'd have to pay at least 5000 yeah, so so the way I'm reading. That is, that those are two.

I

Requirements to be met, but then later down in the rule at number two.

I

It looks like the rule was saying.

I

Financial interest is deemed met if you pay five thousand dollars.

I

Regardless of the the percentage of outstanding.

I

A

Well, why did we word it that way? Well, that's how the rule was. That's the original rule was worded.

I

And when I went back to change language, I didn't.

I

Take out any of the rules, I just I just made the distinction between.

I

Corporate and limited liability company and then leave it up to the board to decide whether.

I

uh Whether that's a contradiction or not in the rule, I was reading it that way, but.

I

I didn't I didn't want to suggest taking a rule out until there was a discussion about it.

A

What are you suggesting now? Well, we can either make it either or.

I

10 percent stock in a corporation ten percent interest in a limited liability company.

I

Or five thousand dollars so that that's an either or scenario because right now.

I

The rule says both is that our original rule state was stated.

I

Well, um ten percent or five thousand dollars, I think in the past the board has looked at.

I

It that way, but the rule doesn't say that I'm looking at the rule, the old rule right now says.

I

The cuniary interest is defined as ownership of at least 10 of the outstanding common stock of.

I

A corporation or llc, which is entitled to vote at any stockholder meeting, for which.

I

Actual consideration paid is at least five thousand dollars.

I

So that's not either or that's of both um that's our old rule.

I

Now you know we're getting rid of the cuny area and putting financial in, but even the old rule.

I

Seemed contradictory and- uh and I I didn't want to make that choice myself without the board.

I

uh Discussing it all right now, you just we just had an application two hours ago.

S

A guy paid less where the ten thousand ten percent qualified, because there was only x.

A

Number of shares right, but it it was only half of five thousand right yeah. We did not enforce.

B

This we have one ore. Well I pointed that out, but we didn't well. It was ten percent. It right.

A

It equaled ten percent, so we applied an either or either or on that, that's what we did, but our.

A

Rule doesn't say either well. How are you going to say that in this rule, that's my point, it could be.

I

Template or I could think it could be rewritten to say that that's what I'm getting at are you.

A

Asking for a suggestion, yeah, oh well, and do do. We agree that it's going to be either or.

A

I certainly agree: that's okay. It's always been well.

D

You could just change the wording too, with voting rights or holding at least 10 interest.

D

In a limited liability company with voting rights or or actual consideration paid is.

D

At least five thousand dollars, that's another word right there. It's just a simple change.

I

But then you still have a then you still have to wonder about down below where it says.

I

If you pay 5000, it doesn't matter what percentage does that have legal effect? Then, if we change it.

I

To either order well, if let's say you have, instead of ten percent, you can have five percent interest.

C

In the company, but if you paid the five thousand you're good that that's how I'm looking at it so.

C

We can keep that in there. If you look on page twenty three of our original robot, it says or.

A

Yeah so yeah, so so that's how we originally had it. I know, but but that conflicts with rule 16a right.

I

So we can make rule 16a conform with rule.

I

I

A

How many times have we had an application where the ten percent came into play.

A

Versus five thousand very few times, so, if you look at you know something, maybe this.

B

Original thing here didn't have that one. So maybe this is wrong right! That's wrong!.

B

That's what I was trying to get at is that that's not written correctly. Okay,.

I

Well then, let's, let's uh just do what you say want to change two back to what it previously said. Well,.

B

According to mr barnhart, he feels that's the way it should be the way that it's originally written.

I

So originally, if look at the rule book at least a copy, I have 16 a all of the individuals applying.

I

For a license on behalf of a corporation or a limited liability company must have a.

I

Pecuniary interest in the corporation or llc, the cuny area interest is defined as ownership of at.

I

Least, 10 percent of the outstanding common stock of the corporation or llc, which is entitled to.

I

Vote at any stockholder meeting, for which actual consideration is paid. No, no! No! I I take it back.

I

That ore is not applying uh what we're talking about. So what is on our page eight of our sheet.

I

I I think, on the left hand, side is, is what's in our book right, but I was talking about number two.

I

Yeah, well, that's the one that this is the one. That's basically.

D

Either or because it's regardless of whether the stock bone amounts to 10 percent.

I

Well, I think your suggestion about where to put ore in the new side takes care of our problem.

I

um Because now I'm looking at the book again as opposed to our worksheet.

I

And our book does not say either or.

A

Where are you going to put a war? um I think joe said. Financial interest is defined as ownership.

I

Of at least you're on the number two or, where you're at no back up at the.

I

Top back at the top of page, eight, all right financial interest is defined as ownership.

I

Come of at least 10 percent of the outstanding common stock of a corporation with voting rights.

I

Or holding at least a 10 interest and limited liability company with voting rights or.

I

For which actual consideration paid is at least 5 000., so financial interest could be a 10 percent.

I

Interest 10, stock or actually paying 5000. is that how you see it joe yeah, except I.

D

Took out for which I just said, okay or actual consideration paid is at least 5 000.. That works.

A

A

Now have we clarified number two at the bottom.

D

All that does it. It basically says the same thing as number two on the left-hand side, except it adds.

D

Wording for limited liability company right it distinguishes between a corporation and an llc.

I

Whereas a language on the left-hand side conflates the two okay, so we're gonna strike.

A

Stock exceeds five thousand dollars and strike at the top of the page. The rest of that sentence, yeah.

I

I don't think so. I thought just adding ore. That's a topic.

A

I'm going by what's on the page here now: are you going to not strike those words? You.

D

Wanted to strike llc, which is entitled vote at any stockholder meeting, for which actual consideration.

D

Page is at least five thousand dollars because you're you've already oh well, I'm sorry you're. I'm.

A

Down I'm on number two yeah, I'm sorry, yes, yeah! I'm sorry! I thought you meant striking out the bolded.

I

Language, oh stock exceeds five thousand dollars yes, and to the top of the next page, we're striking.

A

The rest of that sentence, yes and under number three we're changing it to financial interest.

A

Under b, we're changing financial under c halfway down we're eliminating a registered.

A

Voter and taxpayer of carroll county and must have resided in carroll county for at least two years.

A

Immediately preceding and adding the wording resin of carroll county at the time of filing.

A

Of the application and shall reside in carroll county during the entire tenure.

A

As resident licensee, in addition, the applicant must meet the blah blah financial interest.

A

Age 10 at the top.

A

A long dissertation licensees who operate an establishment for the use of a corporation.

A

Or llc shall submit with their renewal application a sworn statement. This is being added.

A

A sworn statement that shall also include the name and address of each stockholder.

A

Or llc member who owns more than five percent of the outstanding stock or holds an interest.

A

In the llc of more than five percent, we're striking a sworn statement listing the names.

A

And addresses of each officer and director of the corporation or authorized person of the llc.

A

No more changes on that page 10.

A

On page 11, at the top.

A

We're adding it now says, including seats at bars or.

A

Adding counters to accommodate 50 or more persons.

A

We clarified is that somewheres else in these changes that to satisfy the seeding of 50., not.

A

To exceed 10 or 15 seats at the bar, I don't think that's in here in writing. That should be clarified.

D

No, that's the footnote, yeah. No, we don't have the wording in there not to exceed. Was it 10.

F

15. 15 15 is what we discussed at the last time, but that should be clarified not to exceed 15.

A

Seats at a counter well, on page 7, on page 17, there's a footnote legislation has been proposed.

I

To include a maximum of 15 bar and counter seats in the 50-seat requirement, if passed, this will.

I

Go into effect july, 1 2023., oh yeah. I understand that, but should it not be included in our rules.

B

We have to wait until that legislation has passed. I think we decided we had to wait.

B

Till the legislature passed it didn't we last time, uh I'm not in favor of.

A

Putting a bar or putting counters in there, without specifically eliminating limiting.

A

Limiting the number of seats that could use at that bar if we gotta have legislation which we do.

A

I think it should stay the same as it is now and if we have to change it later, we can change it.

A

Later, may I make a suggestion: perhaps you could move the footnote, you could strike or counters.

N

From the actual rule, add the footnote there and then put the footnote that says this. This.

N

New counter potential pending the effective legislation, so that, if I were reading this.

N

I wouldn't assume that I could count my counter space, but then, when I looked to that footnote, I.

N

Would see that maybe if the legislation changes then I would have a maximum of 15.. What idea we.

N

Can I was an english major in college? Sometimes it comes through. Why don't you stay right? There? Okay,.

A

Z

I'm just trying to make sure I've got this correct that.

Z

If you have a 50-seat establishment, I can't have more than 15 seats at my bar. No, no.

A

That's a good question. That's a good question. The law says you must have 50 seats.

A

Not including bar period, what we're progressing to change is that you can use up to 15 seats at.

A

The bar to reach 50., we don't, we don't want a bar, that's all 50 bar seats. We don't want it.

A

We have, we have several establishments that that's 50 seats are pretty well crowded.

A

No, I know. Okay, we clear.

A

So we're going to insert that footnote and remove the word counters and remove the words counts.

I

So if it changes it changes, changes it'll automatically, be there.

A

Okay, no more on that page number, one also with the seats at the 20 seats at the bar.

F

For the isn't that for the class bw.

F

You won't put the same footnote. Well, you can't say 15.

A

All right, you explain to me that rule beer and wine license requires 20 seats.

A

Well, this that's reason. I asked that this is a general statement.

I

So this is for a restaurant, it's not distinguishing between your wine beer, wine, liquor.

I

Right rule 20 it does it it's a a restaurant, with b with a class b beer and beer wine license, must.

F

Meet the following requirements and conditions: it says you're right, it says beer, one yeah, that.

F

A restaurant it should be so that's 20a, okay, so yeah! So it's a 28, it's not in our worksheet! So.

I

It's it's in our book right, 20! No, no worksheets are number one. That's number one. What's the left.

F

Side, no, it's the third line down. I think what mr barnhart's saying is that the introductory for.

N

The restaurant is not in the worksheet like the the rule, you got a different worksheet, there's a.

N

That's what was handed out greater introduction to the restaurant section that he's referencing.

I

It's not on the worksheet yeah. We have the same thing.

I

I'm back on page 10.. This is on page 11.. We did page 10.. This is page 11. The third line.

A

Stone page 11.: no, he sees that, but what mr barnhart is saying is that.

N

The the footnote here is part of the bigger restaurant section in the rulebook, so in the.

N

Rulebook it specifies that that footnote will be applicable only to mr barnhart, please tell.

N

Me if I missed characterizing a class b beer wine liquor, but you can't it's hard.

N

To tell that from there what they're, looking at on the right so we're missing! All of this.

I

And and we're kind of like jumping in the middle of the rule, and that's that's my question so.

I

What keith was saying you were on page 11 now, not page 10 right, I know, but the page 11 starts on.

I

Page 10 right rule 20.. So that's that's why I was referencing page 10. Is that we're missing the.

I

Part of the rule to know which this is referring to and the rule says, restaurant.

D

But the third line on page 11 that should be- I should have made that so so that you're right a.

D

Different paragraph or something yeah that a restaurant with a class b beer or a beer and.

D

Wine license must meet the following requirements and conditions, and that's where you get to the.

I

20 seats but if you're going to allow some bar seats for them, you're, not okay,.

D

The only bar seats that was discussed was for the 50 seating.

A

Okay, if they're going to have a beer and wine license, they ought to have seats for 20 people.

A

Okay, which is five tables, so I'm going to remove that footnote yeah to hopefully stop the confusion.

A

Okay, if we're clear on that, the last thing is that.

A

Under that two, the hours of sunday sales are being changed from 8 a.m and 11 p.m, to 8 a.m and 1 a.m.

A

We all clear on 11. phase 12.

Y

Is it going to be for on and off you're going to allow all sales at one a.m?.

A

That's for a six-day license, pete.

Y

And all the others have to stop at 11.. I'm not I'm not sure. Well, doesn't the applica the application.

I

Cut off, I think, maryland oil cuts off those there's a take. You talk about the take out.

I

Liquor! No! No! No! No, not not that no, not the new law, new laws to one for everybody. I mean take out.

I

Women uh during the during the at the covert law.

F

Right, that's right. Silver level says at 11 am right: okay, 11 pm! Excuse me covered law says, but.

F

I can't remember: is there a law? I almost thought it was two separate times if you were a.

Y

Class b, you have to stop take out it at 11., but I you know I'm probably out of but yeah anybody here.

F

I just need looking, I don't have my yellow book. Did you say clap? What did you say what class pete.

N

Has bees and these and all that that are open, past 11 pm um and the original wall? Let them.

Y

Sell the carryout had to stop carry out at 11, because that made them equal with the.

Y

Package stores right and we didn't want people running between package stores and bars and.

Y

Closing time in order to get that, so I don't know I mean I haven't really looked at it lately, but.

Y

I don't remember it ever changing dude anybody remember changing I I can't remember. I remember.

Y

I look it up and then yeah. I need to change just make a thing in there and carry out thompson.

N

I know for a fact that breweries are even more limited than any of this under their.

N

State licensing, so I know that for class d breweries, this is not even an issue because.

N

Their their taproom hours are, I think, limited to 10 pm at the latest. Anyhow.

N

But I'm not I. I can't speak to what pete's saying, which is did this or did this not get.

N

Changed for class b licenses in the state law so I'll see if I can find it real, quick.

F

See we, we might have changed it by mistake, we might change it when we went to 2 a.m.

F

I got rid of that 11.

F

And mine got changed when we went to 2am, we changed all the hours we might. We might just.

F

Remember doing that did we change the errors in conformity with state law, though.

F

Yeah, but I don't know if it could, I don't know if it got got changed with it and we didn't catch it.

F

Or I had without looking at the book without looking at the computer to find state law. I I.

F

Can't tell you I'm just thinking if it got changed, it probably got changed when we went to 2 a.m.

T

All right we're going to check it out. Let's.

A

All right on roll 22 on page 12, right hand, side halfway down we're striking a class d, beer and.

A

Wine license may operate from 6 a.m until midnight monday through saturday for a six day license.

A

That is being struck to continue the class d, beer and wine license strike seven day may operate from.

A

8 a.m until strike 11 a input 2 am monday through strike sunday, add saturday and 1 a.m. On sundays,.

A

Any questions, that's the same situation, same situation, you're right whatever it is,.

I

When you say all of them well I'll carry out.

Y

I'll carry out [ __ ]. At the same time, you don't want one place.

Y

Selling to to two o'clock and other places, but it's 11., do you know you might I don't know.

F

I don't know you, do you remember cody, I'm you have a restaurant too.

Z

As far as I remember, the rule being is, we could sell, carry out see the covered wall, get the.

F

Not not the code, the old law, the only thing that we sell carry out wise is bottled beer.

Z

Or bottles of wine right under the law, and if I remember correctly, we can sell them to close.

F

But it's always been that way. As far as I'm aware.

Z

Because, honestly, most people are not coming to bars to buy, carry out.

Z

It's never like cases of beer or cases of wine, it's usually a bottle or.

Z

A six pack we're not making a ton of money on carryout, but we do charge a lot more for.

F

It because the license doesn't say it right. The license will issue a license that doesn't say.

D

Specifically, that carryout no yeah all right we're going to check that right, yep we're looking to.

F

It we're going to make these times uniform to what the law requires and so forth. Right.

A

Okay under 24 at the bottom, it says licensees must have.

A

Add all patrons and off-duty employees removed from the premises and, in addition to continue.

A

Glasses bottles, cans and any other container that may contain or could have contained alcohol.

A

Or any other type beverage cleared from the bar and tables by 15 minutes after the closing time.

A

Required by 16-207 of the alcoholic beverages, articles of the annotated code of maryland.

A

Everything else in that is being struck from the rule.

A

It's simply a change. It's taken out non-working employees and.

A

Blah blah blah this and blah blah that so everybody so and so forth has to conform.

A

Under rule 28, noise and music, mechanical music boxes and other sound marking devices.

A

Including live performances shall not be operated.

A

From 10 pm, we're adding from 10 pm to 7 a.m and in a manner that disturbs the peace and.

A

Quiet of the neighborhood, this is to conform with carroll, county law,.

A

Yes, ma'am so you're telling me in this change that we are no longer allowed to do live performances.

Z

Past 10 pm, regardless of where we are no yeah, I think that's but that's a common misunderstanding.

N

Because I had a similar conversation with a client about that, I think it's at first.

N

Glance, I think that's kind of the impression that people are getting. I need the rest of it.

N

In a manner that deserves peace, I'm downtown westminster, I'm right, I live.

Z

I'm right next to a condo association. We've always done music. When we've done this back yet.

Z

We've always done music from nine to midnight. We've never had a complaint. Your music inside.

Z

Which means, I know, I'm surprised, no, it doesn't say no. It doesn't say that it has to be in a matter.

F

Of in compliance with the man who distributes the peace and quality of the neighborhood, now.

F

Does it mean if somebody makes a complaint, it doesn't mean it's gonna. You have to stop.

F

It just and then the city see and then you'll be in the city of westminster. You might have your own.

F

Noise organs that the city has too so that can be a whole other story, but up to 10 a.m, up to 10 p.m.

F

You can play music as loud as you want.

F

After 10 p.m, that's when they get people start complaining. Okay,.

F

Whatever and then the county says what a reasonable person will be disturbed.

F

There's no more decimal levels; they get rid of all the decimal levels so because they haven't.

F

Tested they weren't trained on them. They got rid of all decimal levels. So, basically, if I come out.

F

At this get complaint, I come out 11 o'clock and I'm three blocks away and I hear music yeah. It.

F

Might be a problem if I'm next, if I'm a block away, I don't hear music that'd be no problem.

Z

We're taking reasons, but certainly the county sheriffs can enforce that. No, this is this. This.

F

Is this why I can't afford city code? I can well you can with a city code right. This is my rule.

F

That I can come out to your place and say 10 15. It's three blocks away. Let's look too loud.

Z

I'm just trying to make sure this is going to be a reasonable. It's up to me.

Z

From you know, five blocks down he's just got some phone to pick and he'll call me.

F

And usually at least two people before I really seriously involved and I'm gonna come to you first.

F

If I get a complaint, I'm gonna come to. You first say hey: let's look at the music to see if we can turn it down after 10 am 10 a.m.

Z

Okay, I'm sorry, but there might even be a problem about playing music too loud before then.

I

I think our rules actually talk about generally disturbing the peace of the community.

Z

Well, I can see that if we were doing outside music- but you know I mean I know I'm just I'm just.

I

Commenting on your remark that I can play as loud as I want until 10 pm, I'm not sure that's true.

Z

Z

A

Okay, rule 30 d: there is no d so that letter's being deleted. Moving on to page 14.

A

We got the left side and the right side, both.

I

Yeah, we discussed that last time. The left side actually had joe's this right left side actually.

I

Had bold language in it, yes, it was already there yeah. So that's that's! That's just a bold language.

A

So why does it have to be bold now it doesn't, it doesn't have to be.

A

Okay, if you look at so on the right side,.

A

Three quarters of the way down class d breweries: this is being added class d, breweries, class d.

A

Licenses for breweries will be granted regardless of population numbers. As long as the brewery has.

A

Obtained a class 5 state brewery license these license will be designated as class d.

A

B and this license will allow selling their product for both on and off premises, cons.

A

Consumption, this is being added because that came about after the yellow book was published.

A

Okay, next page is 15. on the top.

A

Under f class h, class h license shall be issued as needed to accommodate the.

A

Public is what it says now and that is being changed from e to f. There is no e.

X

Ingredients or on-site consumption.

X

I was wondering if we could add offset consumption for distilleries. We add all-site consumption for.

X

Breweries, this came about during the coverage we were allowed to do cocktails to go, so we actually.

X

Bought equipment so that we can actually can our cocktails, we did not do cocktails in a cooked cup.

X

Where you can hand, people a straw and they could come down the road we did.

F

What's your state license allow my state license, allows well the state.

X

License allows for us to sell the bottles. Our county license allows us to sell cocktails.

F

But your state license allows you, sell files to go.

F

Does it does it say, cans.

F

I don't know I'm just saying I mean it's a state you have to find out make sure the state license allows you to do it.

F

Then we could, I mean, since it would have to do with the cocktails they're going to come back.

X

And say what does the county say about todd.

X

It was rather helpful during copenhagen when we did a lot of cocktails to go. How about since.

A

Covington well, as soon as you told the restaurants and bars, they can't do cocktails to go. We did not.

X

Want to be in any kind of violation and didn't want to work in gray area, so we stopped as well.

A

My fault would be your brewery's license as a state license. Yes, the distillery license to.

X

Make and sell bottles. Yes, the cocktails is specifically accounting by county.

F

It was just restaurants and clubs.

F

But it's only it's only good through july. First.

Y

It's going to drop again in annapolis this year. Do you think.

F

You think they're going to keep it going. I don't know.

F

It has to come up right because it's it's coming up whether it'll pass or not. I don't right. It's.

F

It says sun clip sunset, I mean but, like I said, with the cocktail part being county specific, I.

X

Think that it should probably be cocktails to go counter-specific as well. If the state says.

I

So scott, are you saying that you have a county license or a county permit.

F

It's a permanent permit. Okay, so it's a county permit to sell product to go.

I

To sell this, I know I I'm trying to I'm trying to get him to sit so.

I

I know you can sell bottles to go. I understand that, but you're saying cocktails in a can is what.

I

You're you're, referring to correct that's what I'm asking you and, and that was based on the emergency.

I

Law that during during okay, so so your distillery started doing cocktails to go in cans. Yes,.

I

Right so came by and looked at what we were doing and the comment was I wish everybody did, that.

I

Right so you're saying that there isn't any law you can point to that allows you.

I

To continue to do that at the same time there's no longer, but I'd rather have a.

X

Law that says I can, because I don't want to okay, I got you, I got it. Okay,.

B

But you're still making cocktails in a can for consumption in your in your establishment.

B

Okay, okay, I mean I would be for it, but I still want to talk to. I want.

F

To talk to lou berman at the state just to verify yeah, you got to see what's going on.

F

Well, but I don't think it was so it wasn't a covert.

F

Law, or is this before covert to do cocktails? No, no, no you're correct for us to do cocktails.

X

The way they did it, they put it on the counters. They said that the counties are now able to make a.

X

And it went through maybe two years ago and came into effect in october, and then we shut down no.

I

Okay, so you're talking about having cocktails in your establishment. That's when that that was.

I

The county allows you to do that. Yes, the county allows you to do controls right and what you're.

I

Talking about now is to go in a camp in a can right, you can okay, that's what I'm saying and.

I

That is based on the emergency law. This was based well, yeah, that's when they, when governor hogan.

X

Said restaurants and bars can do cocktails to go you're right. It's so you're, not part of that.

F

Legislation, it does not affect you so you're, you got a county permit to say you can do cocktails.

F

At your restaurant I mean after the story you want to now not cut, not cover related. You want to sell.

F

Cans of cocktails to go. Yes, that's a county, you're, saying it's a county law that we need to change.

F

Well, modify modify because I don't want to yeah. We want to add on-site and off-site consumption.

F

It's not a curved because he's not part of the covered emergency food, but he can sell a bottle.

F

But that's not part of coat, but that's not yes, nothing to do with kobe.

I

I understand, but regardless we're looking at distinction between cans.

I

And bottles correct: well, no mix drinks and bottles right. It's what we're looking at.

F

We issued an apartment, a county permit, allowed him to do mixed drinks right, yeah, okay, he can.

F

Always sell bottles through the state we don't regulate with the bottles he sells.

S

Okay, you can always do that through state license. Okay, the county license allows him to make mixed.

F

Drinks at his establishment right yeah. What he wants to do is take those mixed drinks put.

F

Them in cans and sell them to go so, do we have the authority to to do that? How can this he said? We do.

F

I want to talk to luke berman, but I think we should act. Add the wording off-site. I would be.

B

For that, if berman, if lou, I need to find out for the state just not not against you, scott.

F

To make sure we can do it, because it's up to the counties when it comes to.

F

Mixed drinks for the destroyers I'd have no problem with that. Does that make sense.

F

Covert he's nothing overwhelming.

I

So even before kubert he could do a mixed drink in his distillery correct for six months before.

X

Coming six months right, I understand that, and the canned thing you got was for the coveted.

I

But I thought the covet law didn't allow you to to sell mixed drinks. It was only for uh restaurants.

I

To go, no, no, it's only restaurants and clubs. It's only for restaurants and clubs. We talked because.

F

We talked about trying to get you in part of that curve and it was told we clint okay. Yes, I.

F

Love to see carry outs and cans, that'd be great at restaurants and all that. But it's a 40 000 machine.

I

Yeah he's already got the machine, I know, but I'm saying it'd be nice.

F

To have all the restaurants that do carry out cocktails to go to be put in the cans.

F

But no one's gonna take that money out, but that's another issue yeah that's! I would.

B

Check with lou berman if he says that we have the authority to do that, I mean I would be for that.

A

So we're going to check with his state license to see whether that permits it or what has to be done.

A

Okay under rule 36.

A

Identification, one of which must be a bona fide driver's license or an official state of maryland.

A

Maryland is being struck, must be a official state id card, valid passport, blah blah blah.

A

Question was asked uh suppose I have a delaware license. According to your.

A

Rules that doesn't apply to maryland, but it does so we're going to clarify that. Okay.

A

A

Top of the page at the bottom of the first section, all state- and this is.

A

Being added all state and local taxes must be paid by april 20th of the renewed year.

A

Where a fine of fifty dollars per day will be incurred until the tax payments are satisfied.

A

Under rule 49 class c, special and temporary, being added at the.

A

Bottom, only non-profit organizations may apply for special and temporary license.

A

Now this next one rule 52 display of license is very important to some people.

A

Provisions, the alcoholic beverages articles of the annotated code of maryland shall.

A

Frame the license strike under glass there'll, be no pheasant under glass and place the license so.

A

That it shall at all times, be conspicuous and easily read in the place of business.

A

Specialty permits must also be framed and on display and one day license must be displayed.

A

Now, where is the town of mary town of mount airy going to display that.

A

One day license for that oktoberfest in the sense where they check ids and.

F

Issue wristbands, and do you check when you go there? Do you check where the license are.

F

It's supposed to be displayed, they properly have to be displayed. This has to be played.

F

Properly something you know, does that mean the center to the street or the one side.

A

Doesn't matter whatever the board directs.

A

Well, we took them out of glass now, so they can be because you can't find.

A

This display- I just want my dial- I just want them in something to keep them from getting.

A

Any questions on that, for you licensees you don't have to you- can put it back.

F

On the glass, I'm fine with that too, so in order not to dust them to oblivion,.

A

You've got to put something over them, so you don't dust all them figures out.

A

Rule 57, revocation or non-renewal of license due to none use.

A

If the holder of a class, a b bc or br license issued by the board, does not open the premises.

A

For a minimum of 30 hours, adding and five days per week, such failure to hold the premises open to the.

A

Public for the minimum hour specified shall be grounds for revocation, comma suspension or.

A

Non-Renewal of a license due to a failure to accommodate the public.

N

Can I make one brief comment on that? No.

N

I appreciate the board's striking of the class d licenses. I I just took a quick look.

N

um Yesterday, at the accommodation of the public and for for your information, not.

N

Making this, on behalf of a specific client, the requirement to accommodate the public.

N

Is specific to class b, license restaurant or hotel license so for what it's worth? The fact that that.

N

Not justification, but intent is, in this rule.

N

That's really only specific to class b's, but then this rule applies to all.

N

All of those other classes, so I would just point that out for the boards.

N

Benefit what are you telling me again? Well, the at the end of this rule, the kind of cl.

N

The justification, if you will for this rule, is based on the fact that those class of license.

N

Have to accommodate the public, but the actual accommodation of the public is a requirement.

N

That's only specific to class b licenses so to the extent that we're making these our requirements.

N

Stricter for businesses, if the intent of this board is to be in keeping with the state and that.

N

Accommodation of the public- this should really only make it stricter. If you will, for those class.

N

Of licenses being the class b, restaurant and hotel licenses, I mean perhaps this board still.

N

Wants to have stricter hour and day requirements for others, but I just wanted to point that out.

N

That in the state law, that's only specific to the class b. Are you saying a is excluded.

B

Yes, there's no accommodation of the public requirement that I found in the class a license.

C

So you're saying for a and b c and and b are no well the though.

N

It's I it's kind of open to interpretation tim only because the accommodate the public.

N

Requirement for restaurant is contained in the definition of restaurant. It's not.

N

Contained in the class b language itself, so to the extent that the restaurant, which is bbc or br.

N

Technically, if you read the definition, that's where it says the accommodate the public so.

N

It could be applicable to all of the class b's. It also included ages. Yes, well because, in the.

N

State law it like it's listed right under the restaurant, but yes so nowhere you could find.

B

It, including a I, did, not find it in class a. I only found it in the definition.

N

For um for restaurant and then in the hotel specific license, those are the only two places. I.

N

Found that now it's possible, I missed a reference, but I did word search it for my own benefit. I.

N

Just and the only reason I did that is because, as I see in the business community, changes can.

N

Come about things can happen, I mean we all saw the impact of co that covet had on these small.

N

Businesses so, to the extent that we're adding an additional regulation to them, I just feel like.

N

If we don't have to why, why make it more difficult for them? So that's why I took a look at it. Are we.

I

Allowed to be more strict than state law there, I can't quote it off the top of my head, but there's.

N

A section of the state law that specifies when you can and can't be more strict than state law.

N

I didn't look at whether this is one of those times or not, but I do know that that exists.

A

So you're saying it, we don't need rule 57, I'm not saying that you don't need rule 57. What I'm saying.

N

Is that there's an accommodation of the public requirement for restaurants in the state law.

N

For restaurants and hotels, to the extent that you determine that hours and days are what is required.

N

To meet that accommodation of the public, that is at your will in these rules and regulations. What.

N

I'm pointing out is that in the state law, that's not applicable to class a's, so if they didn't want.

N

To be open five days a week, why why make them? If that's more honorous on them as a business right.

Y

Yeah, but they have the right to set the hours of operations. Well, we're making we're making minimums.

Y

Yeah 30 hours is not hard to meet all you should have right and you have the right to set higher.

Y

So you should have the right to set minimums yeah and, as for the class, a I think, their.

Y

Public accommodation is class, a's are done by population that isn't that is defined as the.

Y

Accommodation, how about if we just put a period after license.

A

Strike due to a failure to accommodate the public.

I

Oh, you mean at the very bottom yeah.

A

um And you got a footnote number two. There explains what the purpose of the rule is.

I

Yeah, so it's more than just public accommodation, it's also to avoid speculation.

I

I don't know if we have any speculation in carroll county, but uh in other counties I bet you they do.

N

Well, the 30 hour a week requirement has, as you know, always been one of these rules. So everybody.

N

That comes before you either complies with that or specifically needs to request you to modify.

N

That, because that's your rule, but what I'm saying is that in adding the five-day requirement, that's.

N

Increasing a burden on these businesses, so I'm just saying pointing out that, to the extent that.

N

That's not the intent. I would encourage you to look at that, so perhaps it would be better just.

B

30 hours and not the five-day yeah, I mean from a business owner's perspective. I don't see why not.

N

If they're already aware that they have to meet that requirement, that's an hour requirement. Why.

N

At if they want to break it up into different days, why not let them right? Because I think.

F

If you're a restaurant, you should be open for five days or at least five days I mean.

F

Part a combination in the public, because if I wanted a restaurant, it should be open.

F

And I think five days is not asking too much: it still gives them mondays and tuesdays. I see your.

I

Point, but also the marketplace would determine take care of that uh that the marketplace would.

I

Determine whether the public is being accommodated by whether you know a limited number of days open.

I

Where the public feels that's adequate, one of the reasons for the five day also might be.

Y

To keep somebody from just coming in doing a friday saturday, sunday block and just having.

Y

You know raves and parties right only open on the weekends, so I mean there's pros and cons about.

Y

Everything everything in this business because you could, you could do saturday sunday 12 to 2.

F

Or 12 you know 11 o'clock in the morning to 2 o'clock at night: that's 13 hours. I mean.

F

You can do it in three days. Yeah. Do you want a place like that right? That's a good point.

I

That this this this makes a true restaurant weekend a weekend kind of dance club. Whatever you.

F

Know and you're only asking for a hearing that doesn't mean if they have a particular problem.

Y

That you can't you think you do in other cases, you can make an exception. I wouldn't change it.

A

We've made several exceptions already this year. Yes, we have. We just done one a while ago.

A

Right we just I mean it's, sometimes you got to protect yourself and then be. I think I think.

B

If you're going to be a true restaurant, I think you're going to should be open five days. Maybe the.

I

The key to this is if we change shall to may be grounds for revocation suspension or non-renewal.

I

That's a good point because it's saying it: it's mandatory that if you're on five days, we shall.

I

Revoke, suspend or or not, renew your license for failure to accommodate the public. If you, if you.

I

Turn it into a may, then that's, basically how we've been operating for a while here, we've.

I

Especially because of covet we've been not demanding that uh all the licensees follow.

I

This public accommodation rule and to mr barnhart's point I love that point. I I almost wish.

N

It would be even more clear that somebody could request a modification from this board as long as.

N

It's not to differ anything in the state law. So if it's something like this, where this board.

N

Has determined hours and days but that's not replicated in the state law. I as an applicant.

N

I would prefer it be very clear and say that during the application process, I could request of.

N

This board a modification for those hours, so that I know that that's an option and available to me.

I

Okay, well, rule 57 doesn't even talk about it. Talks about a renewal but you're, actually extending it.

I

To an application of any uh prospective licensee! Well, when I have a when I consult with a client.

N

I explain to them that there is currently an hour of operations role and that is 30 hours.

N

A week and I and we verify that they can meet that requirement, there's only been a few where.

N

It's been like tight and it's usually the breweries or the class d licenses. Frankly,.

N

But if, if they were to in that situation, say well I'd real, you know my business model works.

N

Better under 25 hours, I'd like to know coming in for an application that at that point in.

N

Time, based on the evidence presented at that application hearing, I could say that to you.

N

Now, maybe you don't want to make that applicable, for restaurants is kind of what I'm hearing from.

N

You not to put words in your mouth, but maybe that's applicable to the other classes of licenses.

N

You know because the way it reads right now as a as an educated alcoholic beverage.

N

Reader of the rules, I understand that this is not in state law, but this is a local rule, but.

N

A lot of people would not understand that and would not understand that they could ask you.

N

So in reading this it might deter them from even seeking an application.

N

Because they can't meet this requirement. So if that's an option that you believe is open.

N

To them, then I say why not specify it in here, so that then you're not shutting that door straight.

N

Off the bat- and we have granted exceptions yes and I'm a- and I am aware of that- I think so. One of the.

N

Tea rooms maybe had an excess, has it had an hour exception, or something like that? I think there are.

N

Places where it makes sense, I said mr barnhart, I think that's an excellent decision.

I

I

And kelly and you felt that the class a is more restrictive than state law for this rule, that.

I

Public accommodation really applies to class b. That was your point. Yes, I don't know if you are.

N

I did not look at whether this board, in my opinion, does or does not have the authority to still make.

N

Those requirements on class a's, I'm just saying that that actual requirement of accommodate the.

N

Public is specific to the restaurants and hotels. In that case, I don't mind leaving class a in.

I

Personally, well, dave suggested just putting the period after license.

D

Excuse me yeah and getting rid of the phrase due to a failure to accommodate the.

D

Book and change yeah, I think what kelly is saying is if we wanted to add wording, saying.

D

Something like um at the discretion of the board. You know you could almost mirror it with the class.

N

D um off sale, premise: language, as you know, at the discretion of the board.

I

So I think we agreed to change.

I

The last sentence shall to may be grounds, give us more discretion, but a period after license.

A

But a period after license strike due to a failure to accommodate pub the public.

B

We're going to leave a in there, something like at the discretion of the board. Exceptions can be.

D

Made I I think what kelly would rather have is that the application rule is that right.

N

um I don't know it might almost be a a general rule that would be applicable.

N

To anything you wanted to modify that's only in your rules and regs and is not.

N

State, I can't think of another example. I think this is the biggest one, but I don't think we.

B

Should encourage those, I don't think we should encourage people to be open less than 30 hours.

I

So if they retain competent and smart counsel.

I

They'll learn that that it's a possibility, but it's not an inevitable. I don't think right, but in.

N

I'm and I'm not saying the 30-hour, I mean the 30 hours might come up, but what I'm saying is you are.

N

Heightening the restriction by adding the five day a week requirement because right now there is a.

N

30 hour a week so in that instance, that's really where more, where my head is at by increasing the.

N

Burden on on businesses by adding the five day a week provision, why not also make it clear that, if.

N

They can't if they can still meet the others that either way that they explain that to the board.

A

Kelly, I keep hearing and have been hearing word during covet. I could.

A

Personally, understand it very easily: we keep hearing this burden on the businesses.

A

Burden on the businesses many liquor license has been suspense.

A

Surrendered in the past years, right now.

F

At least I I got three.

F

um Casa rivas, what's the mexican restaurant, we just approved.

F

um Michael's steak lobster county line cantina one coming up this week, the next month's going.

E

Going which one market- oh that's not yet, and how many new ones have we issued like 14.

F

10 to 14., so business must be pretty good. Are they with me opening up under rules and regulations.

A

Correct they are meeting the 30-hour a week requirement as well. They should that's my point.

A

Right and every place I listed except for county line cantina there's a new business going in.

D

I would, as I'm concerned it should be at least five days and 38 hours. However, you want to put it.

A

Wherever and we're going to put footnote 2 after a license period, because otherwise you delete it.

F

Delete for node number 2. late night, deleting it all together.

C

What I'm leading due to failure to accommodate the public? I actually don't mind footnote 2 staying.

I

In there, even if you strike due to a failure to accommodate the public because it I think it makes.

I

Clear that there are other considerations, besides accommodating the public uh in this rule, it's.

I

Speculation, on the other hand, that's right, maybe in carroll county- it's not an issue. I don't know.

D

I don't know I'd leave it in, I think it has to be in there yeah. I can't believe it yeah all right.

A

Okay, any other questions or comments on the rules and regulations that we have we've got.

A

Several other things to discuss, but is there any other.

A

Comments or questions on the yellow book that we have discussed.

A

If not, the first piece of legislation that we are going to request has to do.

A

With the seating the 50 seats, you can now use 15 bar seats in conjunction with table seats.

A

To satisfy that requirement, is there any comment or questions or suggestions about that.

A

That's fairly simple.

A

Any opposition.

A

The next piece of legislation- I don't have a copy of that- I thought I did.

A

For the new class d.

U

Keith, you got a copy, it's not class d, it's class c class c. That's the art, council, art, council and.

A

Yeah but there's some fees involved in that he sent us a letter. It was uh that's what tim sent.

I

Out to us yeah, um I actually didn't think we were going to be discussing legislation today.

D

Or I would have had copies of all of it for you, but the class c was it was for the special.

D

Fire company and the arts council, but there's also a discussion of the current fees involving.

A

Those classes, so we were going to double all the fees that are currently there right and then add.

N

um That does not reflect any comment. Any of the conversations you've had about the other.

N

Fees just to be clear, and then we were going to add the arts council a special license for 1500.

D

For unlimited 2000., okay, the proposed the other proposed legislation.

A

The annual fees now for class c's if they have 10 events or less per year, they can obtain a license.

A

A

We propose to double that to 250.

A

More than 10 not to exceed 20. their license fee is 250 and that's proposed to go to.

A

500., I don't have my sheet that has those figures so correct me. If I'm wrong.

A

For 21 to 30 events per year, the fee is 375.

A

750. so 750. the current fee for 41 events and more is 500 no 40 events period or not.

A

More than 40 events right for not more than 40 events is 500, and that would go to a thousand.

A

We propose adding a new class, the carroll arts center and the fire.

A

Company to apply to fire companies, and specifically the carroll arts center.

A

For 41 or more events per year to be issued a license for two thousand dollars now.

A

You can only apply for each one of those event license one time per year.

A

So that, if you have a license to have 10 events, for instance, and you need.

A

The 11th 12th or whatever it is you have to under current license, apply for a one-day license.

A

And in the case of the arts center, where they have more than 100 events,.

A

The past year and for several years I assume.

A

They've paid as much as thirty five hundred dollars per year for license to have those events.

A

So we are proposing state legislations to have carroll county. Add the fifth number.

A

To accommodate them and the fire companies, if necessary, for a fee of two thousand dollars a year.

A

Any comments or questions, I will briefly comment. Thank you, mr chair. um I do have.

N

Lynne griffith with me from the carroll county arts council. She is the executive director and so.

N

I thought it was important, based on our last conversation, to have her available in case there.

N

Were any additional questions? um I just want to clarify one thing that the the fee is that you.

N

Just spoke to are specific only to art centers, actually not just art, centers art centers on.

N

West main street and the fire departments, um the greater class c license. I'm not sure if this.

N

Board is proposing to amend those fees or not, but those fees are different and separate from.

N

This specific license, so we had proposed an annual fee of fifteen hundred dollars, which is.

N

In line with the existing annual fee for a class c, beer, wine and liquor license.

N

If one were two because well I'll go back at our last meeting, it was asked- and I specified to you.

N

That one of the only reasons that we don't meet the requirement for the class c beer wine and.

N

Liquor full license is because we don't have the seats, the seating component. So aside from that.

N

We are analogous to a class c beer wine and liquor license, so I felt that that same fee was.

N

Appropriate here and in that letter that you have in front of you, I will not repeat all of that, but.

N

We did provide some of the answers to some of the questions that were raised and also noted the.

N

Actual gross sales, I mean, I think it kind of goes without saying and lynn can piggyback off this. If.

N

She cares to, but this is not viewed by the carroll county arts council, as a generator of revenue.

N

If you will, this is just an amenity for those existing events, so you know any consideration of.

N

That by this board is appreciated just to clarify that letter, let me have a copy of it. A second.

A

Last year, the ccac gross sales for alcoholic beverages, totaled gross sales, thirty five hundred.

A

And thirty dollars and seven cents, why would you spend thirty five hundred dollars to make nothing.

T

Sales were 3 500. I find that hard to believe for 100 events. Sir last year the 3 500.

AA

Number is for fiscal year, 22., most of which we were not holding events because of covid.

AA

Last year we had less than 25 events, and that includes off-site events such as the peep show.

AA

At which there is no alcohol, we don't offer alcohol for any family and children. Events.

AA

This year we will have 100 events because it is over, and people are coming out to events again.

A

What was your sales in 19.

AA

A

I just can't comprehend and spend 3 500 to make nothing whatever the case might be.

A

So, somewhere along the line, alcoholic beverage sales must have been profitable or are profitable.

A

Or you wouldn't be spending thirty five hundred dollars to make seven.

A

Well, sir, we are a non-profit, we offer alcohol because it's an expectation of our audiences.

AA

When they go to other theaters, they buy alcohol. If you go to any theater in a 60 mile radius.

AA

You'll find that they all offer cocktails, we don't offer cocktails, we only offer beer and.

AA

Wine, it is an expectation of our consumers. um Our profit last year was less than 500.

AA

On all of our concessions, you could ask the same question about popcorn, but when people come and.

AA

Sit in the theater, they expect that snacks, candy, popcorn and beverages will be available.

I

So these numbers that we have really are distorted by the recent history of the code. Yes, okay,.

I

So we're thinking that your gross alcohol sales will be substantially more than 3 500 for the.

I

Upcoming fiscal year, especially by the fact that the 3 500 was for 125 events, did you say.

I

That's 25., okay, so 20 less than 25 events. You have gross sales of 3530.

I

And you're going to have how many events this fiscal year.

I

Even though it's an amenity, which brings people puts them in the seats.

I

uh As far as you're concerned, if it's a wash it's successful absolutely um so you you will certainly.

I

Make more than 3 500 and gross alcohol sales for this fiscal year? Would you oh absolutely? Yes,.

I

So the chairman was asking about 2019.

I

Of the top of your head, can, can you tell us how well you did with that with alcohol.

AA

However, look it sales and tell you in the next couple of minutes. Oh.

I

A

Hey I'm all for you, okay, don't misunderstand me. I just can't see why you would need more than.

A

The 40 events that you have now, if you really scrutinize it, unless you have alcohol, 100 events.

A

Normally that the yes, we, the the impetus for this request, was that we need the license for more than.

N

40 events, I think where we left it, it was my understanding last month that, uh where it was.

N

Left was coming up with an appropriate license annual fee for that license, and so that's where.

N

I was making the comparison between this and the class c beer, wine and liquor. I was unaware.

N

That this board had intended to raise the other fees related to this license as well and really.

N

I was analyzing it under the class c beer, wine and liquor because to me that seemed like the.

N

Most close comparison from an administrative perspective uh to this, and so we proposed the 1500.

N

Figure for that reason, basically, if I remember that was the gist of the conversation that we had.

A

When we discussed it originally- and we discussed it a little bit more after consideration of the.

A

Other fees and that's where we came up with two versus the 15 uh in our thinking at that time, so.

B

So what was what was your fees that you paid last year for your license one-day license.

A

But they paid for fees in the year that they had.

A

Recollection for how much was it I don't want total? Can I interject. I heard that.

AA

And that actually is not correct. We didn't spend anywhere near 3500. Last year, um the 35.

AA

Is what I believe what we projected it would cost us if we applied for additional days over what we.

AA

Have already paid for this year, I'm not sure where that 3500 number came from, I think that's 3 500.

D

Actually, 3 500 comes from paying 500 for the 41 events and the extra 50 application.

D

If you do around 100 events, which would be a more normal year, then you're paying for 60 one-day.

D

Licenses, which is three thousand dollars, so that's 3500, yeah yeah, but last year, as a coveted.

B

I think they paid for the 500 for 41 events and didn't use anywhere near that that's correct.

A

Well, basically, it comes down to what we feel would be.

A

I think every everybody's in agreement that we need to propose an additional license.

A

Classification and everybody agrees that we don't want to charge any more than what we think is fair.

A

We suggested 2000 and you're, suggesting 1500.

A

N

I am suggesting whatever this board deems equitable. um I know that we had back and.

N

Forth I was unclear that the 2000 was a firm proposal on the part of this board.

N

At the last meeting, therefore, I did some research and looked at the other comparable licenses and.

N

Would propose 1500 as an equitable number, but we I understand that this board now is looking great at.

N

Some greater fee amendments at the state level that I was unaware of at that time as well, so.

B

How many events are they going to have this year? How many are you scheduled for? We have 87 events.

AA

On the calendar, some of them, however, are children and family events, or we would not.

AA

Offer alcohol? Okay! So you that's going to be a definite number. You may be adding more than that.

AA

um I can't imagine we have green for more than 12 additional events. Okay,.

I

So if the fee were, as we proposed at the moment, two thousand dollars, you would.

I

Not lose money, be saving some money on your on your alcohol sales.

I

Okay, actually, if you'd be saving some money in fees absolutely and we charge very little for.

AA

Alcohol we charge four dollars for a glass of wine and four dollars for a beer. So right now we're not.

AA

Making you know we could definitely raise that to be market competitive, to ensure that.

AA

We're not losing money, but that's. It's never been viewed as a money making more convenience exactly.

Z

How much are the licenses.

A

Three four thousand dollars. You never know.

F

A

Z

As far as a restaurant downtown they're a huge benefit for all of us.

B

So if you have 87 events the way the rule is now 2850.

B

For your total alcohol licensing, so if we made it 2000 you'd still be saving 850 dollars.

B

Yes, absolutely.

I

So part of our discussion as a board involved this case, but also we as kelly mentioned.

I

We looked at fees across the board and and discussed it as well, so it was kind of a a global.

I

Discussion that came up with these numbers- and I happened to include this- the arts council.

I

There were suggestions of more than 2 000 and you have suggested less so we came up with 2 000.

I

Amongst the board- and I really haven't heard any anyone suggesting we change it unless I'm wrong.

D

You want my two cents worth or no.

A

Yeah, what do you want.

A

um I don't want to hear enough. I don't hear enough about a peep show. No, you sure I'm positive.

A

Not a pee peep. Now I'm not gonna make a peep about a peep show. Okay, um I kind of think 1500, because.

D

That's what we charge restaurants and that's what we charge other non-fraternal clubs.

D

And it who are the other non-fraternal clubs, um it is elks moose. Golf courses, of course, is no not.

A

I just want to see how far you were going to go before. I said that it's fair haven.

D

And golf courses- [ __, ] club up there. Well they only have like beer, so theirs is.

D

Ridiculously cheap, that's 70 annually for beer and wine for class c licenses. What for a full.

N

Blown class c beer wine license, it is seventy dollars annually and for beer. Only it's 50.

N

I

Or taxes save yourself a pr problem and give it to them for the 1500, because when it goes to the.

Y

To the uh delegation they're going to have a public hearing and they're going to come with 100.

Y

People and I think, you're just better off giving them give them a 1500 license it's more than fair.

Y

It's 500 difference between the two. I know thanks pete, that was a lot of fun.

Y

He hadn't got to go broke, he's going to say thank you peter. That was a lot of help. Pete.

A

You understand he didn't ask him to be here today, but we appreciate his comments. The lawyers are on.

A

A retainer fee, no, I am doing all of my work to earn their fees. Thank you. Thank you very much. I.

N

Am doing all of my work for the carroll county arts council, pro bono- I am here asking for you.

N

To to give some equitable consideration, I'm sure you get in the peep show for free. Maybe maybe we.

N

Can appreciate that one hour? Thank you. Thank you. You have any tom mix movies there anymore.

K

Tom nicks, you don't know who tom mix is she ain't and my point mike I, like my point too.

F

If they did have a dining room at the arts council, they could apply for it I'll see.

F

A class c club license they've got a theater what they need a dining room for can't you eat well by.

F

Rule they need a dining room now, if they put you just talked about a while ago about popcorn prices,.

B

Would there be any interest in splitting the difference? No, I we thought 2000 was was fair.

A

Fifteen hundred dollars, as you say,.

A

Is what a beer license is so for a restaurant, so on so forth, so I five hundred dollars is not gonna.

A

Make them five hundred dollars: ain't gonna, break us and five hundred dollars. Ain't gonna make us so.

A

It's all for the good of the community anyway, so yeah. I.

A

I wouldn't be opposed to changing it to fifteen hundred dollars, but that's that's me.

K

What's your pleasure, john, I think they are a big community service, they're, a non-profit.

B

Can't afford to pay their attorney.

B

So I would probably be up for 1500.. Are you suggesting? Maybe she didn't have another job today.

AA

For 500 we can, we can bring an in a live performance to my carroll county public schools,.

AA

To serve 400 children, so 500 is a lot of money to us. We're doing 10 000 worth of free children's.

AA

Programming this year and if we could do more, I would love that so 500 doesn't seem like a.

AA

Lot of money, but we can buy a lot with that and reach many children. Let me ask you one question.

B

Is all the work they're done volunteer or their salaries? I'm also paid, and we had 2.

AA

500 hours worth of volunteer work done for us last year and without telling me exactly who gets what.

B

What's the salary based like 10 000 up to 100 000 or what's what's this the salary line there.

B

Our lowest paid full-time employee makes 46 000 has a master's degree and works more than 40.

AA

Hours a week, I'm the highest paid employee and I make 85 000 and I work 55 or 60 hours a week.

I

So in the pie chart that you sent us, I don't have it in front of me: um there's a breakdown of grants.

I

You grant to the community on top of your head. Do you know the percentages.

AA

We gave away a little over seventy thousand dollars. That's increasing this year to almost.

AA

A hundred thousand dollars in grants that we will be giving to arts organizations in carroll county.

AA

And again you have to consider that last year our numbers are quite skewed.

AA

Because of the effects of voting right, so I'm looking at grants and scholarships in the expenses.

T

Yes, venn diagram is 10, yes, management administration is 52.

I

So management administration is that salaries and health care, and things like that.

I

Salaries, health care and our infrastructure, so our expenses for, like, like utilities, you mean.

AA

We pay some of our utilities and I have, to be honest. Westminster city pays some of our utilities.

AA

So, yes, that would that would be basically our costs to run the building and staff. It.

I

Then I see programs at nine percent.

G

um Yeah, those are the fees that we would have paid to. Performers.

AA

So yes, I agree that this is not an impressive list of numbers um that will change this year. um That's.

AA

Part of the reason why we are having so many more community events and so much free programming.

I

I'm just confused by why there's only 10 percent of grants and scholarships uh out of that chart.

I

As far as expenses go uh revenues, you had grants to the uh art councils, 38.

I

Came in 10 went out to grants and scholarships am I reading that wrong or right.

AA

No you're reading that correctly, the grants that come in are operating. We received 100.

AA

Almost 100 well thousand dollars from the state of maryland, and that is an operating support. Grant.

AA

And we are mandated to spend five thousand dollars of that on arts and education.

AA

That's it the rest of it goes to sixty thousand dollars went to our community arts development.

AA

Grants- and we gave a little more than ten thousand dollars in what we call mini grants. But our final.

AA

Mini grant application is due in june, so the checks didn't go out until july.

AA

So that'll appear on this year's, but that's a negligible amount, probably three thousand dollars.

AA

And then the majority of the money that we receive from the state of maryland.

AA

In the form of grants goes towards programming costs.

I

Yeah, so I'm looking at scholarships tom holder, scholarship.

I

A total of 385.61 cents was awarded to four youth for local youth.

I

This were the movies, I would say, utes to participate in our classes and camps. Yes,.

B

Scholarships to your own camp right to.

AA

We also gave away seven thousand dollars in scholarships to colleges to graduating seniors. One.

AA

To every one to a senior from every high school, so did I hear that correctly or I didn't hear.

B

It correctly that 52 went to salaries. 52 was not salaries like that's management and administration.

AA

I can tell you exactly what our salary figure was just a moment, and last year we had a higher salary.

AA

Amount because our executive director quit she was replaced, and we had two executive directors for.

AA

Three months we had to sell, we had a vacation and leave payout to her, which was almost ten thousand.

AA

Dollars um then the second director they hired left and then I started at the end of december.

AA

So we had higher than normal costs in the director category.

A

Any more questions.

A

So if, if we propose this legislation to create this additional classification,.

A

And suggest the initial fee be fifteen hundred dollars.

A

Is that agreeable or other discussion.

A

I think we have already agreed to request.

A

The other classification fee increases. Yes, we did. We agreed on that. Yes,.

B

What was your total figure? Did you come up with.

AA

I'm trying to that the right spreadsheet.

AA

It'll, take you just a second applaud her for even trying to do that on a cell phone. Frankly,.

A

While she's looking that up just to comment, a one-day license currently is 50.

A

If you take these other classifications, even with the increase in fees and divide.

A

It by the maximum you're coming up with 20 and 25 dollars per event.

C

While she's coming up with that, uh I tried to get to this earlier, but.

C

Didn't see a good time, uh the the advertisement.

C

For the hearing said that the board was going to vote on final language for the 2022 book.

C

For rules, so I think you ought to do that, so we don't have to go back and go through this again.

D

Next month is the end: what's next month for the final vote? Yes, oh okay, yes october will be the.

A

All right final vote, which I hope that we have.

A

Clarified and thought it was today made all the recommendations here today.

A

It seems like everybody agreed of those rule, changes and so on and so forth and.

A

Regulations in this book, so I'm assuming that that will be presented for final vote in october.

A

As well as this legislation request, so that we can get it in by november, 1st.

A

Am I out in space no thinking otherwise, I I was a month ahead of myself. No, no, sometimes we all are.

I

Going back to the other issue going back to the other issue, I I also did the math for for first.

I

Time and if the arts council has 80 events where they sell alcoholic beverages, it's about 25 per.

I

Event at a fee of 2 000., I frankly don't find that to be onerous or one way or the other, but.

I

Again, it's five hundred dollars, one way, five hundred dollars. Another way to me, it doesn't make.

I

A whole lot of difference, it's whatever the board wishes, but I think that 2000 is adequate and fair.

I

At the risk of causing consternation amongst the public at the next commissioner hearing.

AA

So our total for salaries and benefits and.

AA

All that sort of stuff was 385 000, that included an extra 20 000 in executive.

AA

Director expenses that we wouldn't have incurred in a normal year. So if I remember that pie chart.

A

The revenue was 586 000., yes, we did not have a good year and we spent 746 right.

A

So you spent 52 percent.

A

For overhead versus vine minus some things that were picked up by other agencies.

AA

That's correct.

B

Well, I I mean I feel that we're actually reducing their their cost from.

B

Fifty dollars an event to two twenty five dollars, an event.

B

um So I mean to me: it's a no-brainer, I think that's certainly fair um at the 2000.

I

What's your thought, mr barnhart, I will defer to you to gentlemen this. I.

I

I I basically I agree with that. You know it's 25 an event. I think that's fair. In light of the.

I

The magnitude of money- that's involved uh with this non-profit and where the money's going.

I

uh Keeping in mind that the figures that we've had are skewed because.

I

Of the disadvantages that the arts council has had during the last fiscal year,.

A

So we proposed two thousand dollars and we are in agreement then, that we're gonna, let it at.

A

Two thousand dollars for this two class yeah I mean I would be for that. It's a it's a decrease.

B

In their event, charge from 50 to 25, I think that's that's going to that's. That's a good.

B

Decrease, I think it's a good result for the arts council, um but again, it's on one hand we're only.

I

Talking about five hundred dollars difference between it's not any, really big, it's not really.

I

Anybody we keep talking about it. It's come to a conclusion, 500 500 one way or the other.

A

Or are we going to charge two? Are we going to charge 15. all right? My vote is for two.

B

One second, then: well, are you making that as a motion.

N

Do I have to make a second situation? I don't mr dixon I'll defer to you. Is this.

N

Or is this the board recommending state legislation up to the commissioner? That's.

C

What I'm looking at it as state legislation, I just wasn't sure if procedurally, we needed.

N

A motion second or not, or that is going to help you guys out right from the way we had it before.

B

To switching it to where it's going to be 25 an event, I mean that's going to help help the arts.

B

Council out is that it is absolutely going to help that's why we've made this proposal.

N

It will also from an administrative perspective. It will now let let them fill out. One application.

N

For all of these events, which is part of the consideration of the one day, I would assume, is.

N

Part of the consideration of the one day event fee figure is that for each of those one day, events.

N

There's an application and then, as you just conducted during your business meeting,.

N

There's a consideration individually of each single one. This will allow for a much easier.

N

Administrative process, both on the part of the carroll county arts, council, but also on your part,.

N

And so that is all reflected and that's why I analyze this consistent with the class c license.

N

Because it's different than individual one-day events? Okay! So, since we're reducing your feed.

B

From 50 to 25 an event, I'm gonna make a motion. If that's okay with you chairman,.

B

Please I make a motion that we make it um two thousand dollars the total events.

I

I'll second, that notion, most of it properly made and seconded that we propose state legislation.

A

To create a new class of over 41, more events per year, specifically applicable to a far company or.

A

Arts center on west main street in westminster, that holds a class c multiple event license.

A

Any further discussion on the motion and are we also.

I

Can you go to this doubling these fees under this? Let's take this.

I

uh All those in favor signify is saying: aye, aye close, no, so ordered. Now, that's data. Okay. Do we.

A

Need to have an emotion to include an increase in the existing fees or those classifications.

A

And if so, the fees that were quoted.

A

250 500 750 and a thousand dollars for classes, one two, three and four.

I

Well, if we do need a motion I'll make the motion, uh I hereby move that we have men.

I

To make a motion for the section 16-13-12 the annotated code of maryland in connection with.

I

E sub paragraph e uh one, two: three: four, whereby.

I

We are doubling the annual fee for the licenses for all those designated events.

I

A second, the motion must have been properly made in the seconded that we uh amend or not of men.

A

But request legislation to double the fees, as mentioned for class one two, three four under.

A

Page sex and blah blah blah all those in favor signify to saying aye, aye opposed no.

F

Do you need to make a motion since you did that one? Do you need to make a motion for the bar bar seating.

I

Do we have uh we don't have uh with tim put together for that? Do we.

D

Because I thought this was all good okay, next month.

D

Or is it next month or oh, no, we're voting on this next month yeah, but I thought the legislation was.

D

Also, next month, I've got a copy of what tim put together, but it's not complete because.

A

We put a limit of 15 seats at the bar and that's not mentioned also. It says, as the.

A

Seats at the bar encounter are included in the 50 individual count, not 50 at the bar.

A

Only change it only a maximum of 15 can be counted. So this is what tim proposed based upon.

A

The discussion that we had to include seats at the bar.

I

And this is for a class b license right either the 50-seat requirement for class b.

A

Classes, liquor licenses class b b, w l, yes, okay, then I mean I'll make the motion that we.

I

Request of our delegation amend the state law pertaining to carroll county.

I

In connection with class b, air wine and liquor licenses uh requirement that a 50-seat.

I

Maximum or minimum.

I

Be calculated by using no more than 15 seats at the bar.

I

I don't know if I said that right, but that's how it came out.

A

For a second second, well, it's been properly made that we ask legislation to be introduced.

A

Under section so, and so whatever it might correctly, be that.

A

Seating, whereas required for 50 or more b, included up to 15 seats at a bar, correct wording.

A

All those in favor of motion all right, toes no sew order motion carries.

A

Any other things to be brought before the board. I just received the letter.

F

From mount airy, um I can let you look at my phone or you want me to print it out.

F

A reference to the oktoberfest: let's look at it. This is signed by town administrator.

A

Well, they act on behalf of the town so well they say they don't want it to use.

A

I mean if you want to read it, let our attorney, let our attorney read it.

A

To make sure it's legal assistant, I don't have my glasses for this. uh I can read it.

D

Got you off the hot seat yeah we might have been pressing it there.

D

From the town of maynard carroll, county government board of licensed commissioners liquor board.

D

225 north center street westminster maryland 2157 attention keith benford dear mr benford,.

D

On saturday september, 24 2022 the mount a main street association and at ava's t21.

D

Foundation will host mount airy's, fourth annual mount airy oktoberfest. The events.

D

Hosts have received a one-day beer and wine permit from the board of licensed commissioners.

D

Liquor board and they have received permission from the town of mount ali to allow alcohol.

D

Within the festival limits through town resolution, 20 2022-4 approved on april 4, 2022.

D

The resolution that was passed by town council specifically states.

D

A special or temporary license will be attained by avers t21 foundation.

D

And the license obtain its special license number cc. Let me excuse me 7cls-2076.

D

Which is a specific license to avers foundation and no other business or intended and entity.

D

Is allowed in the designated area the only open containers consumption allowed in the.

D

Festival area must be purchased from one or two event: beer tents located in the rare yard.

D

Next, to con considers main street.

D

Bistro per the license number 7cls-2076.

D

Aeris t-21 foundation is licensed by the state of maryland to keep this for sale and sell beer and.

D

One at the retailer to a bonafide, entertainment event held or conducted by the above name license.

D

At the place designated for a period not to exceed seven days, beginning september, 24 2022.

D

We appreciate your attention to this matter and it's an intention to support a safe and.

D

Responsible event, thank you signed by david warrington, town administrator town of mount airy.

D

Well, there's some things going on there: okay, so this october fest, if I'm hearing that correctly.

D

Without reading it, the oktoberfest is really a fundraiser for the avt-21 foundation.

D

Correct, okay and as part of that fundraising, there's a resolution that was passed by mount airy.

D

Outlining what you just said correct as a fundraiser for that foundation.

D

And that and and the main street mount airy main street association.

D

Okay foundation and association right- and there is a vendor located in a tent. Yes to event, beer, tents.

D

Okay and that they are to be the sole provider of alcoholic beverages for the oktoberfest correct.

D

Okay and that's a resolution, is that he's that's what he's saying right. Yes,.

D

And there's nothing in there about any concerns with vfw or their.

D

Procedures right, I was told something about pamela reid is, but it's not it's addressed.

D

In this letter, okay, so this okay, so we have a town resolution making this beer tent our two locations.

D

The sole source of alcoholic beverages for the oktoberfest to be held correct, okay,.

D

So you you're you're using oktoberfest, that's ref references to 2924.

D

Or is that a separate event? No, the mount airy, the fourth annual mountain area, oktoberfest.

D

Is being hosted by the mount airy street main street association, avis, t-21 foundation,.

D

When, on september 24th september, 24th, okay, so it's being hosted.

D

So do they have the authority to pick and choose who can participate and who can in it? I would.

D

Think I personally think so, apparently the town yeah apparently that's the resolution, they're.

D

Holding but it's it's not the town, that's actually holding the oktoberfest, it's being hosted by.

D

A private foundation atv right, I mean avt 21 foundation, avers t21 and the main main street.

D

Association association and a uh better business bureau, or whatever I mean, like all the towns.

D

Usually by the main street associations: okay, up sykesville, yeah, yeah, tony town, it's usually.

D

So they're responsible for the beer tent those two, the hosts yes but it's being, but because.

D

You're using city property, the our one-day license requires the someone from the city to actually.

D

uh Sign the application guest and that's where the council lady came in.

D

Yes, she is she's on the council, but she's also a founder of this ava's t21 and she.

D

Holds the one-day liquor license, she holds the one lady look licensed: okay,.

D

And the resolution was what they did, they did did a resolution.

D

Saying these two allowed to hold this event.

D

And there was language in that resolution that the soul.

D

All right, horus of alcohol will be the two beer tents, that's what it said. Yeah.

D

Yes, but let me see if I can find they, I thought they attached the resolution.

D

Yes, they attached, we read the resolution to yeah that might be even more instructive.

D

All right, town on mount airy resolution.

D

Number 2022-4, a resolution by the mayor and council of the town of mount airy.

D

No, as known as the town to authorize the consumption and possession of in open containers.

D

Of alcoholic beverage on public property during the foundation event, also known as the event.

D

Oktoberfest main street from prague's best street to hood street sept september 24th 2022 from 11am.

D

To 6pm, subject to the insurance of a special or temporary liquor license by the liquor board.

D

Of carroll county as the liquor board, and to authorize the mayor and town manager to deliver.

D

Identifica and demonification to the state with regard to the event, if necessary, to proceed.

D

Procure state approval for the closing and use of state roads during this event,.

D

Whereas the town is the municipal corporation of state of maryland,.

D

Whereas pursuant to the authority under alcohol beverage articles in the marine code, section 6-28.

D

And 6-321 and section 41-3d of the town code.

D

Is within the power to marion town concert to adopt a resolution authorizing consumption and.

D

Possession and open containers, alcoholic beverage on property within the boundaries.

D

Of town subject to insurance of specialty or temporary permit issued by the liquor board.

D

Now there there therefore be resolved by the mayor and town council of the town. This fourth day, they are april.

D

22 that on september, 24th, 2022 from 11 a.m to 6 p.m. The consumption and possession of oakland.

D

In an open container, alcoholic beverage during the event is hereby approved by the public.

D

Excuse approved on public property within town in such locations, as may may be identified above.

D

In the application for special or temporary liquor license.

D

Subject to insurance or special or temporary liquor license by the liquor board and.

D

Be a further resolve that the mayor and town and manchester are hereby authorized if necessary,.

D

To execute and deliver endemic to the from the town to the state, its agencies, its personnel.

D

Including, but not limited to the maryland state highways administration and its employees from.

D

And against cl any claims or large suit arising from in conjunction with this event, as may be.

D

Required to attain state authorization for the closing of a state road during this event and.

D

The use of such closed state roads for and during the event, including permission for the consumption.

D

Possession and open containers alcock beverage within the areas of such closed state roads.

D

Do you read a resolution or a book and that's pay.

D

And that's page one of two: I don't have the second page.

D

There's a book.

D

So far, I've heard nothing about limiting.

D

Who supplies the alcoholic beverages just allows alcoholic beverages to be possessed.

D

In open containers, two the two beer tents or where they want that in the resolution.

D

That's on the letter not on the resolution right right, so they never really specifically.

D

Asked us in the letter not to allow the vfw they were supposed to, but they didn't.

D

Some reason they were hesitant to put that in there.

D

My only my only answer to that question is specifically spoken with pamela reid council.

D

Member whose license names is unlicensed she's requesting not to allow the vfw.

D

And upper deck to participate, but but she is on the council.

D

In my opinion, there's big conflict.

D

She is on the council and she is chairman or whatever it is of this organization. Correct.

D

All right, um I agree with the chairman about the seeming conflict of interest.

D

We don't whether those beer tents are part of the hosting.

D

By the by the foundation to raise money, if there is any competition with any of the other merchants,.

D

Or license holders whether that, where that depresses, the money, the foundation raises.

D

We're just it's not clear, but that shouldn't, I don't see how that impacts. I don't see how, yes, if.

D

There's a conflict. That's up between the mayor. The mayor knows: what's going the town administrator.

D

Knows, what's going on that should not affect what the decision from the liquor board is my.

D

When someone asks whose name's on the license asked for something they didn't ask for that,.

D

In that letter, okay, but she's asked her. Is that correct or not? I agree with that now.

D

They were supposed to it was supposed to, but I'm going by what the licensees ask me right. It's the.

D

Same thing: if, if johansens wants to go, set up on, destroy story road and have a beer garden.

D

That, if the, if the town says he can't do it, even though he has a chao license, allows him to do it.

D

Are we gonna allow him to do it? Well, johansen's is not a 501c3 right.

D

That, but that should not have the matter because he has a cave license. Well, it doesn't matter.

D

It doesn't matter, why is it management if it's not profit, it doesn't? It's still he's.

D

Still out selling alcohol in some place he's not allowed to sell it yeah, but if you're, if you're.

D

A for-profit outfit like you hansen's, then it's a conflict for you to say to to your competitor.

D

Oh you're not allowed to be out on the streets of westminster. That's not right!.

D

But they, if they thought you know, questions you suppose the town told raphael.

D

He could not participate in the oyster stroll and he should not be allowed to participate.

D

You're just doing things in reverse here for us as a liquor board. How am I doing reverse that.

D

If, if, if you just said, we shouldn't have any say about it, we should have said that town says they.

D

Can't do it or they can do it, but that's you should back up with what the what the licensee.

D

Is requesting, I don't know they're requesting that there's nothing in that letter to say that.

D

All right, I can right, I agree, but I I also know what she told me that I'm trying, let me ask you.

D

Let me ask you all another question: when did you get this request today when she found out that.

D

What does that rule say about one day license.

D

Seven days, seven days well, over the we got the request for the for the one day.

D

Liquor license back in april right. We got the request from vfw today, right, okay and you got.

D

The request from her today correct once you found out the vfw was looking to to do this.

D

Either one of them or seven days ago, okay, so vfw can't do it then, and the town will. You may.

D

Tell the panelists: she can't do it now. She didn't back in april. You said, didn't you or asked for it.

D

They asked for a license, enabled we went back and looked at that a while ago.

D

How did she find out vfw wanted to? I don't know.

D

I I would think how many other licensed establishments are within that perimeter.

D

Of main street, besides, what's his name um super foods is? Is there lorenzo's.

D

Vfw crying johnny's upper deck, so five, so none of them have requested.

D

No, only two requests here has been upper deck and the vfw. What are you gonna tell upper deck? No.

D

Because the town does not want you, there did, they specifically say they didn't want upper deck. There.

D

Not in the letter, but the council pamela reed as the councilmember said that they don't. She.

D

Does not want them participate? She also has a connection to one of the fundraisers.

D

And I'm just not sure of uh but she's the licensee she's, the one that's running this.

D

Event, did you contact her? What did you contact her and tell her? We request a letter from us.

D

Then why didn't we get one from her because she she felt a conflict by being she had, but.

D

You wanted you wanted somebody from the town to respond, so they said the town administrator.

D

Signed them, they didn't respond to our request. Our request was for them to tell us that they didn't.

D

Want those statutes, I agree, I don't know why that wasn't in this. I don't know why this wasn't in his.

D

Letter and I I can try, I'm gonna call them and try to get a letter saying that I don't know it.

D

Was supposed to be, I don't know what again you as a supporter, you tell you tell the boss what.

D

You want the boss does what they want to do so sometimes you explain to what you want and.

D

The boss does what they think is best. I explain what I want you guys to tell me.

D

What you think is best, so the request by the vfw came to us when exactly and how.

D

By email it came by phone call this morning and.

D

Suzanne forwarded the message to me at 11: 00 a.m: okay, so we don't even have a request in writing.

D

From the vfw, oh well,.

D

Okay, well good, mr chair, I'm sorry! If we have rules- and it says they.

D

Got to do it seven days in advance, they did it two hours in advance.

D

I personally I don't like the whole thing, but I think we can turn that down.

D

Very easily here's the rule, you didn't ask us, it's not we're not even going to consider you didn't.

D

Apply to the rules. What's that I don't agree with you there that's the reason for turning.

D

It down, as opposed to a request by right, someone from the foundation yeah. I would agree with you.

D

Can you handle that okay and then upper deck sent me.

D

Let's see if I um I sent joe and I back thursday, our request to participate using their caring.

D

License well they're outside to seven days, so they notified, but they have nothing in writing. It's.

D

An email, it's an email, yes, there's an email from upper deck. I just don't know why. I don't. I didn't.

D

I didn't understand, I guess what they were asking for. Well, both of them don't make these.

D

So our rule requires them to to request seven days before the this hearing protect the seven.

D

Outside to seven days,.

D

Both of them outside the seven days.

D

Both of them are inside seven days of his hearing, but caring license does not need to.

D

Go to the board k relations just goes to me or joe saying. This is an event they're going to do.

D

Okay, are they both cater licensed? No vfw is not okay, so we got vfw taken care of.

D

Right upper deck is usually it's going by the rules. There is within seven days, they're.

D

Using the cable license, allocator license. Okay, how does the rule read? Does it say.

D

Have to notify the board, I don't have my I don't you got the vote there. I know the rule number.

D

This is this, is this: is it's for a participation in a one-day license.

D

No secure rule about it. This should be a catering rule. What he's talking about yeah should be under.

D

Restaurants with catering writers, not one-day licenses. Okay, I don't like this table of contents.

D

An index because they're no they're they're, not [, __, ], 48 they're, not intuitive age, 48.,.

D

What are you guys hanging around, for it says at least 10 days in advance.

D

Class bc, restaurant, okay, so upper deck is a restaurant caterer. They have a class bc. Yes,.

D

Okay for each event's catered, okay for a caterer event. It says 10 days.

D

Don't pick a campus advance of the date time sponsor location of such events. So that's ten.

D

Days of the event 10 days of the year 10 days right, so the event is when saturday saturday is.

D

Saturday, thursday, friday saturday, sunday, monday tuesday, wednesday thursday, friday saturday, okay.

D

Well, then, keeps your your thoughts about the class bc requirement. Yes, is it 10 days, okay, 10 days.

D

According to rule 47, so they meet the requirement they do make they make 10 days now. Does this add.

D

I mean when they say notified a book doesn't say notified board. Just notified me. It's notified of.

D

The board, okay: I take that as notifying me. That's sensitive yeah. I do too notifying the.

D

Board and writing you're there you're the board too. Okay, I got. I got an email. That's writing.

D

From jane from the licensees and then all right, upper deck, and the date of that is.

D

September 15th september 24th, you count the email on the 15th all right. That's what I meant you.

D

Got the email on the 15th yep 15th 16th 17th, 19th 20th 20th, that's nine days. Will you count the 15th.

D

10 days in advance, so you don't count the day of the event right, so you skip the day.

D

Of the event, and so they're short, so it's 15 and it's on the 24th. Yes, so this is count 15.

D

15 16 17 18, 19, 20, 21, 22 23., that's it 24., but it has to be in advance of the 24th.

D

Okay, it's nine days, so it's nine days in advance of the 24th.

D

So um I I I I move that we let keith handle all of that.

D

God this low down it just rode downhill, big time.

D

Okay, I'll take care. I, whatever you decide, actually uh that's levity. uh The chairman should.

D

uh Tell us what what we should consider. My only comment is gonna. Be this: don't call us for bail.

D

You're on your own.

D

You're going to take care of it right, I'll, take care of it, and I can't throw you underneath the.

D

Bus right we'll just say that, because of that board rule, that's why it's they can't have it.

D

Yeah, you do have a rule. I would rely on that because I mean ultimately, somebody could go. Take.

D

Us the liquor board to court and say you know you, you you're, preventing me from being in this yeah.

D

Which I think they carry are preventing me from being in this and nothing in writing so.

D

So anybody who has a one day lick anybody has a one leg license. I can go walk on that property.

D

And celebrate and sell beer. Well, if you had something from her saying that she, oh no, it.

D

Doesn't matter she doesn't, let me totally settle that. No, I don't I I don't agree with.

D

If, if you have a george, you got a one-day liquor license that you're at you're at your farm, just.

D

You have a party, you, you know, have a concert. I I can walk onto your farm and sell, sell beer at.

D

Your farm, the distinction is: that's private property. We're talking about public private.

D

By the town of mount airy, that's a distinction and that's public property. It's public when they close.

D

It down that when they make it tonight, they take responsibility, they have to get permission from.

D

The state highway administration and yeah they did and regardless you have nothing in writing.

D

Saying that they already said no about the vfd, I know, but I I just don't. He looks out for all.

D

The liquor license. Yes, that's my job right. Your job is to enforce the law I'm trying to, and I.

D

Think the law is that area is considered private, proper one when you shut it down when it's when.

D

The town can shut it down. The town manages that I think it's private property. It was brought in.

D

Law enforcement has no right to go on private property and do anything it's public property.

D

Cops can walk on that street, even though there's a liquor license involved and do stuff. I can walk.

D

In your street, as a police, I can walk into your property and do something if you can't no, you.

D

Can't depends on the dependencies if there's a reasonable suspicion, there's something a crime.

D

Going I can walk on your property to investigate. That's. Well, yes, that's different! So there is there.

D

Is ways I can do it now yeah well, first of all, that's been circumstances for you to come into my.

D

Property, no, it does not be actually to me to I can go. I can walk when you're properly, not going door.

D

And there's nothing you can. You cannot stop me from doing it. I can tell you to leave okay and you.

D

Have to leave yeah, but I'm saying, but I can walk on your property I'll soak in the postman. Yeah.

D

I'd be glad to hear an emotion for a journey.

D

We could have solved this yesterday at lunch. We had the judge right there.