Carroll County, MD Board of License Commissioners, 9 Dec 2020

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From YouTube: Board of License Commissioners Afternoon of December 9, 2020

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

A

Okay, ladies and gentlemen, we're back in session this time. I would ask mr dixon if he'll call our first case 6264, please.

B

All right case, 6264 class b, beer, one and liquor license issued to rula.

B

Cicales for the use of carpathos, eight trading, aspartellis italian.

B

And seafood restaurant 20 23 15 hanover pike, suites a and b hampstead mound, 21074.

B

Violation: hearing sale to a minor and to file this matter, we have the following documents:.

B

A november 13 2020 letter from joe vance to rula cicales a notice of intention to defend with the.

B

Box checked, I do not intend to contest the alleged violation signed september. 11 2020. uh acknowledge.

B

Acknowledge receipt of the letter dated september 10 2020, delivered by hand on september 10th, 2020.

B

This is a september 10 2020 letter from joe vance to rula cicales, and there is a alcohol.

B

Compliance violation sheet uh dated september 8, 2020 and completed by charles carey. There is a.

B

Document from uh brian l de leonardo's office, state attorney and it's signed and completed by.

B

Robin hogue there's a photograph of the volunteer at a table with a bottle of bud light beer.

B

In front of him, there is a vertical maryland driver's license that states.

B

The volunteer will be under 21 until 731 2021. I would ask that the file be entered into evidence.

A

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

A

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

C

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

C

Is the truth, the whole truth and nothing but the truth I do I do you, may you may be seated.

A

This time, inspector kerry, are you going to present this case on behalf of the commission? Yes, sir,.

D

Ready to proceed yeah good afternoon uh inspector charles carey, with the coward county, liquor board.

D

uh On eighth september 2020 at 6 p.m. I sent an underage volunteer into fratelli's restaurant to.

D

Purchase alcohol the volunteer, sat down at a table and was served a 12 ounce bottle of bud light.

D

After being served, I was notified and met the volunteer who identified the.

D

Bartender as the person who served him his beer, the bartender is robin hogue.

D

Server did not ask for any form of id from our volunteer.

D

I spoke to the bartender, mr hogue, who advised he did not ask for any.

D

Identification from a volunteer and he was unable to provide any reason for not asking.

D

The volunteer was 20 years old on that date and all paperwork was completed and signed.

D

And I asked that the both both pictures that are submitted be entered into evidence.

D

And that's our case, we'll accept that into evidence.

A

Who is going to present testimony on behalf of the licensee.

E

I am your honor, would you please state your name and address for the record.

A

Please my name is george cicales address is 2315 hanover pike, hampstead maryland, and your.

A

Position that the establishment is what owner I operate, the restaurant as owner and manager, sir.

A

Would you like to tell us licensee currently in greece, taking care of her mom? Yes, yes, yes,.

E

Your honor, my my mom, is the licensee. um She is currently in greece taking care of my ill.

E

Grandmother and she's going to be coming back in january, so I'm speaking on her behalf um today.

A

Okay, I just wanted to ascertain what your position was. That's fine.

A

Okay, you may proceed and tell us what happened and what you were.

A

uh Well, your honor! I I um there isn't much many excuses for what happened um this this the.

E

The staff needed additional training on id and uh customers, I've provided them since both the.

E

Incidents they've given made both employees take the online classes to be tip uh tam certified. They.

E

One is in the process of completing it. The other has completed it. Robin has completed it and dave.

E

Ptolemy is in the process of completing the class and there there is no excuses here.

E

When I question the staff on why they did not id the volunteer, their response to me was that the.

E

Volunteer um looked over 21 and it was hard to tell because he was wearing a mask at the time.

E

None of this is an excuse. They should have asked them to pull down his mask. They did not.

E

Do that they also did not ask him for id when they were not sure if he was 21 or not. So it was.

E

We definitely dropped the ball there and that's not like us here to do. I I usually run a really.

E

Tight ship with idean guests now I train the staff that it doesn't matter if they order.

E

Alcohol or not, if they sit at the bar counter immediately, they must be id'd whether whether.

E

They're 18 or not, and I know the law says that they have to be eight, they can be 18 and sit at.

E

The bar, but we we we're going to make it where to sit at our bar. They must be 21 or older.

E

um The second incident did happen in the dining room, though it didn't even happen at the bar.

E

The the volunteer sat in the booth, where mr dave approached him and.

E

He ordered a bud light and he still served him a bud light without checking id so that.

E

So, mr davis, someone that's worked for me for um eight years coming up to eight years soon,.

E

And it was very disappointing for me to hear that and both days um I wasn't present for.

E

The incident and one happened on a monday and the other happened on a tuesday. um Now, there's nothing.

E

More, I can say than we drop the ball and I'm gonna try my best, so it definitely doesn't happen again.

A

Commissioners, comments or questions.

F

Well, I guess my first comment, uh mr cyclist, is that uh for our purposes.

G

Right now we're just concentrating on the on the first uh violation.

G

Not both of them at one time we're going to do it one and then the other okay.

G

So uh I have a question for you: how um and the first uh violation the clerk is robin ho and how.

G

Long did he work? How long has he worked for you? He still works for you. Both employees have worked for.

E

Me for six plus years robin is coming up to six years. Mr dave is uh approaching eight years in.

E

October, okay and I'm going to assume that this uh is the first time either. One of them has failed a.

G

Compliance check- or yes, no, this is this is this is the third time we have failed. A compliance check.

E

But this is the first time for each employee right right. Okay, that's my question. Thank you.

G

And uh you mentioned that your uh your employees have taken an online alcohol management course.

G

Is that right, robin has completed the online alcohol awareness class and mr dave has signed.

E

Up for it and the class is taking place any day now I I'm not familiar with it with the date.

E

um Okay, I can find out mr davis present here in the restaurant today I could find out if you.

E

Like that's not important, you know, I believe that he's getting ready to take it. uh Can you tell us.

G

Who was conducting this online class that you're taking the name? That's a very good question, sir.

E

I'm not sure I personally did not take the class, but uh mr robin did get it and I can let you know.

E

What the name is, and mr dave, I can ask mr dave right now, if you like, but I'm not I'm not sure.

E

I would like to know yes: okay, let me grab them real, quick one. Second,.

E

Hey, I need mr barnhart's right now please and thank you I think he's talking about the.

H

State's attorney's office class, the victim impact panel he's not talking about pam's training, okay,.

G

Thank you uh go ahead, mr silas, mr day, what what you did you signed you signed up for the online.

E

Alcohol I registered, but I have not taken the class yet okay, what.

I

Where did you sign up? What is it called? It is mothers against drunk driving? It's.

E

Mothers against drunk driving okay, uh in conjunction with the referral to the state.

G

Attorney's office, that is correct, okay, uh but it's not an alcohol management uh course. That's either.

G

Through tips or tam, uh which is something that we look for, uh which is a pretty comprehensive course.

G

Of training servers and people who um sell alcohol, I can take that too.

G

uh That's good, um I think you should, but uh I just want to make sure I was clear on what kind.

G

Of training your employees are or have gotten. Mr barnhart, let me interrupt you just a second.

A

Mr kellis, would you ask your gentleman there for the record to state his name and address? Please.

I

It's david ptolemy, 80, brookside, avenue, hanover pennsylvania,.

A

Could you spell your last name for the record, t-o-l-o-m e? I thank you. I'm sorry, mr barr.

A

Commissioner barnhart now you can proceed. Thank you, mr chairman. So um mr cyclist.

G

Mr ptolemy is part of the second case that we're not even considering at the moment right.

G

Now but thank you for getting that information for me, so I get robin hogue robin hood when you say.

G

He's taking online uh course we're talking about the same course that mr uh took so.

E

Mr barnhart, no, as a matter of fact, um I specifically told robin to make sure he is.

E

Tip tam certified, I am tiftm certified already um and I specifically told him that and he did take.

E

That course, um with mr dave I was not very clear. I was not very clear with mr dave um on exactly.

E

What to do he's not as technological savvy as robin is so I'll make sure I give mr dave some.

E

Assistance there on exactly which course to take because he has to be tip tam certified.

E

And it sounds like the course he's taking it's not going to make him tiptam certified.

E

Right, thank you for that. uh So, mr hogue, in the case that we're talking about.

G

He is tips are tam certified. Is that correct? As of now? Yes? Okay, thank you. Yes,.

G

uh So, with regard to mr is, do you know whether or not before this.

G

Violation occurred: do you know whether or not mr hogue understood that it is a crime in maryland to.

G

Sell alcoholic beverages to a minor absolutely he did understand that.

E

Yes, in in verbally and and signed paper trail through the process of getting hired here,.

G

And yet he did not ask for an id is that is that.

G

Yeah and- and he did not ask for id sir and and I yeah.

G

uh What is your policy with regard to vertical licenses?.

E

Our policy to vertical licenses is that, when presented to a server or bartender.

E

They must be given to a manager or me or anyone on duty where they are checked at that time.

E

Our policy on vertical drivers licenses um a year ago, was that we don't accept them period, but.

E

Due to the amount of unhappy guests crossing over the pennsylvania line, um they were very.

E

Unhappy with us, so we started accepting vertical ids just given to managers only to check okay.

G

So you have a fair amount of customer from pennsylvania.

E

Yes, the amount of vertical ids from pennsylvania is very high.

G

G

I have no further questions at the moment. Mr chairman, commissioner harmony, mr kellis.

J

When you hire someone, uh what's the walk me through the training protocol in-house.

J

Training protocol that you have for them, he just someone just and you just hire them. What do you do.

J

So, at the time of hire, um of course, we they they fill out a job application, a w-4 and an I-9 form.

E

After those basics, documents are are completed by the employee, which has nothing to do with.

E

Getting alcohol training they're presented a book that looks like this right here. It's a fertility's.

E

Employee manual and there's uh 67 pages here and there's a chapter in here on just.

E

Alcohol awareness and pretty much telling them that they have to id everyone that.

E

Doesn't look like well my training on it is that if they don't look like your mom or dad, I d them.

E

If they look like they're 40 years old I'd be them, I mean uh I did manage to see the volunteer.

E

um That came in and I can see why the volunteer was picked. He does look over the age of 21, but.

E

He's not so he's the perfect example, and I use this as an example to my staff. Now.

E

That he is the perfect example. This kid is not 21, but he looks 27 28 years old.

E

So when in doubt id them, you I mean at the end of the day, you're not you're, your customers are going.

E

To be happy, you're you're doing the proper steps so um going back to the hiring process. They're.

E

Presented this book here we give it to them. They have to sign the last two pages, which is a.

E

um A receipt pretty much saying that they've accepted and read this read this entire book: okay,.

J

So when they first start out, do they shadow with someone.

E

Yes, they shatter, for they shadow an experienced um server, which in many cases has been mr dave.

E

Or robin and and many other employees, and they shatter them for two weeks worth of training. Okay,.

J

You have do you have signs in your? Do you have signs in your restaurant? That's.

J

That says uh we do not serve for under 21.. We we we do. Would you like me to show it to you.

E

It's a it's a sign at the board that says if you are not born before this date,.

E

Which, today is december 9th, we cannot serve you and that changes every day. Of course,.

J

When did your vertical license policy change? The vertical license changed in early 2019.

F

Okay and how many, how many vertical licenses do you usually get there in uh in a week? I would.

E

Say I can't put a number to it, but I would say they're about 50 50, our our business here split.

E

In the middle, we get a lot of hanover crowd and and a lot of local carroll county crowd.

E

So it's right in the middle. We it's right in the middle. I would say that's a lot. Yes,.

E

When I made the policy I did not, I I it made me realize just how many vertical ids are coming.

E

Over the line and as a matter of fact, I've met 27 28 year old, pa residents that are still.

E

Operating from a vertical id which to me is crazy, but it it still is going on. um So that's.

E

What made me change the policy, because we they were, they were really mad, they were leaving, they.

E

I had customers walking out the door because we weren't they we, I was refusing to serve them and I.

E

Said wow look at all these customers leaving, so I changed the policy to must be checked by a manager.

J

Were you on duty? Were you on duty the night the first violation occurred.

J

No, I was not so how much? How much are you in that restaurant? So I'm in the restaurant six days a.

E

Week um I either take off mondays or tuesdays. Both cases happen on a monday or a tuesday.

E

Of which it just happened, I was not there but it, but I'm here six days a week from open to close.

E

um But, however, even when I'm not here, a manager is on duty both how many managers do you have.

J

We uh we have well, if you include me, it's three, so we have three managers.

J

And are those managers, tips or tam certified? uh One of them is lazarus is um then we have.

E

Another manager, by the name of julia- that is not, unfortunately, but she will be okay,.

J

And you do not have a card all policy correct. uh Excuse me, you do not have a card.

J

All policy, in other words, your policy, doesn't require them to card everybody.

E

We do not, however, I am open to recommendations and if you would.

E

Like me to start doing that I'll be I'll get it started shortly after we get off the phone.

J

Okay, thank you, mr cecalis. How many total employees do you have that would be subject to handling.

A

Alcohol, um so when is this is transferring the alcohol from the bar to the table. Do we count.

E

That are we just talking about the employees that are just pouring and making the drinks.

A

Now the ones that would be responsible for uh actually making the drinks and serving the alcohol.

A

As you know, an 18 year old can can serve the alcohol, but I'm talking about checking for ids.

A

So um we have three bartenders here that are going to make and serve the drinks and then.

E

In addition to that, we have about 15 servers employed here that are going to be distributing.

E

The drinks from the bar to the the table where the guest is sitting so, I would say, go ahead.

E

I would say about 18 employees are going to be actually touching. The alcohol.

A

And how many of your employees total are either tips or tams certified.

E

I'm four four off the top of my head. We are tip cam certified and one of us four is here at.

E

At any given time, one of us is here: if I'm not here,.

E

Lazarus is here: one of the two of us is always here.

J

Mr cicales, let me ask you a question. uh You did have a violation sail to minor back in in 2018. Do.

J

You remember that incident. I do. I do. I remember very well you're fine 400 from the board. Do you.

J

Remember who the server was back then, who was it? His name was michael connelly. He was a bartender.

E

That, unfortunately stopped working here, um pre um back in march when kovitz started.

E

First started uh affecting the restaurant business so hard. He he hasn't worked here.

E

Since march, but his name was michael connolly, okay and when that incident happened in 2018.

J

What changes in your policy did you make to try to prevent that again.

J

Well, shortly after the incident, we had a full staff meeting where I've, which, by the way, I.

E

Did that already for this, for these incidents as well, um where I sit down everyone that is.

E

Operating the alcohol and I give them a training again on id and customers. I'd say: ask for id check.

E

The expiration date the birth date and the photo. Those are the three things they need to check.

E

Expiration date birthday photo and I gave them ids of people over 21. I gave them id's.

E

Of get of guests that are not 21, employee ids, I'm saying like like we use staff members ids.

E

That work here to practice- and um I even got a couple pa drivers license too to show them.

E

Where everything on the driver's license is that we need to look at such as the birth date, which.

E

Is the main one and the photo and, of course, the expiration date um now a lot of good questions.

E

Were asked during that time to me like what about, if it says alcohol restrictions on the back of the.

E

Driver's license it's under my impression. We don't have anything to do with that, so I just told them.

E

Just check these three things and we'll be good: the birth date expiration date and photo and.

E

I gave them additional training. The meeting the meeting that I just spoke about was actually last.

E

Sunday- and we had um a similar meeting to that, one back when michael connolly had his violation.

J

So your policy is, if someone's presented with a vertical license, they they automatically take.

J

It to the manager is that correct? Yes, but back in 2018 um it was. We just said: no. Okay,.

A

Any other questions, commissioners. Well, um mr sackles, I'm looking at.

G

I guess the minutes from the 2018 hearing, um which was your first violation in a case that you're.

G

Saying is that your policy was all vertical. Ids were to be checked by manager.

E

Yes, michael conley accepted a vertical id that day.

G

Right so afterwards that you stopped accepting vertical ids for a period of time.

E

Yes, it was uh shortly after that we started accepting them, but in a different in a.

E

Different way, okay and the meeting that you just had with uh your your uh staff meeting.

G

I imagine that two things were emphasized. One is that it's a crime to sell to a minor.

G

Is that correct, yes and two, all vertical ids have to be presented to a manager.

G

uh For first consideration is that correct those two things were discussed: yes, okay, all right.

G

Thank you. Let me ask one other question, mr cicales: what's your policy for vertical maryland license.

E

uh Same thing, sir, we they they must give it to a manager. um The policy on vertical maryland drivers.

E

License pre-2019 was, unfortunately, we just don't accept any vertical licenses.

A

Any further testimony or questions, I have no further questions. Mr chairman,.

J

I don't either, uh mr chairman, if that testimony is concluded, and now we will move into a summation.

A

uh Inspector kerry, do you have any think to summarize on there, sir, sir.

A

Mr cicales, would you like to make any other comments or in summary, for the first case of.

A

uh September, the 8th. um Yes, I would just like to say that I'm I'm very disappointed in myself.

E

I'm very disappointed and uh I feel that I've let the staff down and I've let.

E

I made carroll county, look, not give you guys a good look and it really upsets me.

E

um So I'm I feel bad and um I'm gonna work harder on it. I'm gonna promise you that I'm gonna train.

E

The staff, as best as I can, if that requires me to be here seven days a week, I'll be here seven days.

E

A week um but whatever it takes, and um I'm really sorry again with that said, testimony is concluded.

A

And now we will move into a discussion among the commission to consider the merits of the case.

G

Mr chairman, I uh I I do appreciate the licensee's uh recent comments.

G

I think it's sincere and I think that he will make an extra extraordinary, enhanced effort.

G

From happening again, in light of the fact that we have two cases we're hearing today and.

G

Although we're just considering the first one, this time, first violation was back in.

G

April 19th 2018, at least according to our flow chart, and since then um this licensee has had.

G

Four consecutive successful compliance checks and unfortunately, in september, 8th of 2020.

G

And that would be the second violation in two and a half years.

G

uh Which uh I think I think uh mr kellis recognizes that that is not a.

G

A good for fratelli's, which, as I understand it's a wonderful reputation in the community.

G

uh As a restaurant- and this certainly uh to some tarnish that very good reputation.

G

I think that's what we're looking at. I I appreciate all the efforts he's making.

G

To ensure he doesn't come back before us for another violation.

G

But uh the fact is, there have been two in two and a half years.

J

I am a little bit um not happy the fact that you changed your policy on vertical license. However,.

J

I do understand the financial situation. You are close to pennsylvania, so I do understand that.

J

But I'm still not happy that you, you will accept maryland, license vertically.

J

uh Those licenses are probably only good for two weeks after the individual uh uh change. It becomes.

J

21 so most vertical licenses that are maryland are going to be underage, but that's your policy.

J

Mr barnhart, what would you uh do you have any more comments.

J

Now I agree, uh commissioner, that being that close to pennsylvania, uh especially these times uh all.

G

Of our class b licensees are struggling and I really don't have any problem with the vertical.

G

License policy, although certainly it's logical the suggestion that you make that perhaps that policy.

G

Should only pertain to pennsylvania licenses uh and not to maryland licenses, uh so I do understand.

G

The position that uh mr sachalas is in with that regard, um I have nothing further add but I'll be.

G

Prepared to make a motion uh if, uh if another commissioner, has anything further to discuss.

A

I have nothing else to do. I don't think, there's anything else to discuss, particularly when the.

A

Case was uh not intended to be contested, so if you're prepared to make a motion.

A

We would like to hear it. Thank you, mr chairman. uh I move that in the case of 6264.

G

We find the licensee culpable for selling alcohol to a minor and assess a fine of.

G

Six hundred dollars uh for a reason that this is a second violation in two and a half years.

A

Is there a second to the motion? I second that uh chairman motion has been properly made in second.

A

And that we find the licensee culpable and assess a fine of six hundred dollars. Is there any further.

A

Discussion on the motion hearing- none all those in favor of the motion signified is saying: aye.

A

Aye opposed no so ordered. Mr cicales. We find you culpable of the violation under case 6264.

A

And assess a fine of six hundred dollars, which must be paid within 30 days of.

A

Written notice of this decision here this afternoon, do you have any questions on that.

A

A

I would ask mr dixon to call the adjoining case 6289, please all right case, 6289 a.

B

Class b, beer, one and liquor license issue to rule of cicalas for the use of corpothos inc.

B

Trading as fratelli's italian and seafood, restaurant 23, 15 hanover pike, suites a.

B

And b hampstead maryland two one: zero: seven: four violation: hearing sale to a minor.

B

In the file this matter, we have the following documents: a notice of intention to defend with.

B

The box check, I do not intend to contest the alleged violations uh dated december 2nd 2020.

B

Its knowledge receipt of letter dated december 1st 2020, delivered by hand.

B

On december, 2nd 2020, a december 1st 2020 letter from joe vance to rula cicales.

B

And the alcohol compliance violation sheet dated november 30th 2020 and signed and completed by.

B

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

B

The letterhead states attorney's office, brian l d, leonardo and signed by david, edward ptolemy,.

B

There is a vertical maryland driver's license with the volunteer. uh That indicates the.

B

Person's under 21 until july, 31st 2021, the person is sitting at a table with a.

B

Glass of alcohol, I would ask that the file be entered into evidence.

A

We'll accept that into evidence at this time. Once again, I would ask all those who intend.

A

To testify, in this case, please stand and raise your right hand and be sworn in by miss vance.

C

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

C

To give is the truth, the whole truth and nothing, but the truth. I do thank you. You may be seated.

A

Inspector kerry, are you presenting this case also? If so, please go ahead.

D

I thank you on uh good afternoon again on 11 30 20 20 at 3 30 p.m. I sent an underage.

D

Volunteer into fratelli's restaurant to sit at a table and order an alcoholic beverage.

D

The volunteer ordered a bottle of bud light beer. The server david tolemay.

D

Did not ask our volunteer for any form of id and was served and he was served. The beer.

D

I interviewed the server mr ptolemy, who advised me that he did not ask our 20 year.

D

Old volunteer for any id, he could not provide a reason for not asking for id.

D

All paperwork was completed and signed for mr ptolemy stated uh he thinks he took.

D

A tips or tam class years ago uh he's not sure, but I also like to.

D

Submit both copies of the photos into evidence and that's our case, we'll accept that into evidence.

A

Mr scalise state your full name and address for the record. Please.

E

um Full name is george cicales. My address is two three one. Five hanover pike campstead maryland.

E

Two one: zero: seven, four: okay. Would you like to explain what happened on this case.

E

um Just for a little bit of clarification towards the um end of the gentleman's statement there.

E

Mr dave did take a tip tam certification back in 2000 and beginning of 2018. The reason why I know.

E

That is because the whole staff got the training where the the restaurant paid for a gentleman.

E

To come in and give the whole staff this class, um I'm also going to come in contact with this.

E

Gentleman that comes into the restaurants and trains 10 15 employees at one time, I'm not sure.

E

If he's still doing that with covet, but if he is, I'm gonna, I'm gonna get him in here to um not only.

E

Train me and um the servers that made violations, but the whole everyone operating with alcohol.

E

um As for what happened to mr dave again, there's no there's no excuses. um I really try to hold.

E

The highest standards possible and have a good reputation. um But um mr dave, when I questioned.

E

Mr dave, on it, his exact response to me was, I made a really stupid mistake and I dropped the.

E

Ball, that's that's exactly what he told me says. I feel very stupid right now and when I asked him.

E

Why you didn't id him and he could not give me an answer on why he did not id the underage volunteer.

A

Commissioners questions comments, mr cicales, uh after the first violation.

J

You had a meeting is that correct? Yes,.

J

And was mr ptolemy in that meeting? Yes, sir, it wasn't that meeting.

J

And what what actually went on in that meeting did you? Did you tell them to start carting everyone or.

J

Or what what did you say to try to encourage them to do a better job.

E

During that meeting, several things were discussed and one of the main things that I discussed during.

E

That meeting was that I am personally sending in my underage volunteer that works for me, her name.

E

Is nicolette and I let them know nicolette is not 21 years old, she will be sitting down.

E

In your section, she will be with her family. She will be with friends and she will order.

E

Alcohol from you, she came in four times in between the first violation and the second violation.

E

And um I let the staff know that that she's coming in, um we also discussed id um checking ids.

E

Expiration date birthday photo id. um I told them again when in doubt I d them. You can't go wrong.

E

By asking someone from id, we also went over the situation where a guest has a I. This has been.

E

Very common lately, I don't know if you, gentlemen, know this: we check ids and a and a younger crowd.

E

Is showing us photos of their ids on their phones? I have told the staff that any kind of picture of.

E

An id we cannot accept that it needs to be an actual card, um they're showing us photos of.

E

Their driver's licenses on their phones and there's and they're saying that we don't want.

E

You touching our id because of covet we want to, and I say absolutely um if you just show me your.

E

Real id, I will go ahead. I won't touch it. I just want to look at it, but they're saying that we.

E

Don't we'll show you a photo of it because of covid, and we don't want you actually touching.

E

Our id, so I gave them additional additional training on that that we can't accept it.

E

I'm sorry could, could everyone hear me.

A

Just repeat what you just said, so the where I left off was um um customers that are showing us photos.

E

Of their of their driver's licenses and saying that they don't want to hand us their actual.

E

Driver's license because of covid, I gave them training on that we gave them. um I also let.

E

Them know I'm going to be sending in my volunteer in um effective immediately and I did and.

E

That was pretty much the meeting of the first one the um I made it. I made a deal with the.

E

19 year old nicolette that attends manchester valley high school, I made an agreement with.

E

Her that I would buy her dinner if she came in and just simply sat down and asked one.

E

Of the servers for a class of chardonnay and she did- and I would give her like an.

E

Entree to take home for her and her family um as compensation, so did they pass that.

J

They passed that challenge some did and some did not, but but but we're, but I corrected them. Mister.

E

For example, mr dave was one of the people that were uh that ended up with my volunteer um and.

E

He did pass, um I sent in my volunteer four times, three of which three times of which.

E

The staff passed and one time they did not so your volunteer obviously had a maryland vertical.

J

License maryland vertical license, yes, presented a real id, that's clearly sure she is not 21.. So the.

J

One time it did not pass with your volunteer, did they ask for the license? They did yes,.

E

They asked for the driver's license the the nicolette of the underage.

E

My volunteer handed the driver's license at that time. My server took the driver's license.

E

Did not check with the manager like they were supposed to and served the and served.

E

Her chardonnay, yes, and if that person still working for you, no they're not did you fire them.

E

Over that incident, I did the reason why mr dave and robin did not get terminated right away is.

E

Because of just their duration of employment with me, eight years is a very long time in the.

E

Restaurant business getting up getting an employee in the restaurant business for a year is already.

E

So hard get a loan, an employee committed to you that long, um however, um for the second sentence.

E

Mr dave, um as a as of right now, mr dave is not allowed to take an outball order at the table.

E

If someone asks him for a bar drink, a manager or me, we go to the table and we take the order until.

E

He takes the class and let me ask you a question: do you have an incentive program that if someone.

J

Catches, someone trying to order alcohol, that's underage that they may get like a 50 bonus or.

J

Something in their check, um I don't, but I can start um I can. I can definitely start that's a.

E

Really good idea to get the staff motivated to um really check ids right now, I'm going to be honest.

E

With you, um the whole restaurant is shaking like everyone here. The servers are, the servers are.

E

They're they're, their fear is like up the highest level possible when it comes to it, because they.

E

Know that um we're under the radar and we're tested so um I'm happy to see the staff care.

E

No, I can't say I have any employees that are just like that. They just have the attitude of.

E

Oh, I don't really care, um they all care. The employees here truly care, um but they we we.

E

Have some work to do um so in the one thing I also want to throw out there is um I set my underage.

E

Volunteering four times, and it was the first time that um the first time she came is the time where.

E

The the server asked for id and served her and after that we have three successful ones after.

E

That so it wasn't like once three successful ones and then the last one unsuccessful we had one.

E

Success one unsuccessful and then three successful. So maybe if your policy changed to no maryland.

J

Vertical license it would, it would be very helpful. um I I agree with you. I was under the. I was.

E

Under the impression that, if I don't, I can either not accept verticals or accept verticals, I didn't.

E

Know that I had the ability to say I can't accept maryland verticals, but I'll continue to accept pa.

E

uh Verticals but if that's the case, I think that's a very good idea and I think it's going.

E

To make it very easy for the uh easy for the servers to just say: okay, this one's vertical.

E

This one's a no and just let's ask commissioner barnhart his opinion on the uh on that, whether.

J

You can accept one state, not the other. Well, yes, well, let's back up uh one bit um accepting.

G

A vertical license from pennsylvania or maryland: you only accept it after you've checked the date.

G

It's it's not vertical licenses, entree to uh being served alcoholic beverage you're presenting a.

G

License and the vertical license is being checked so you're going to check either state correct.

G

The thing about is maryland and pennsylvania have different laws.

G

With regard to the issuance and the ability of vertical licenses in maryland, a vertical license.

G

Must be turned in within, I think, a matter of weeks, two weeks perhaps.

G

I think two weeks ago, you mentioned earlier in pennsylvania, is totally different.

G

My opinion is, you can make that distinction as a licensee in maryland, as it.

G

Because I think it would be reasonable since they happen to be lost in different states.

G

And also you would probably get percentage-wise very, very few maryland vertical licenses as.

G

Compared to pennsylvania, so I don't think it'd be detrimental to your business. Frankly,.

G

Okay and- uh and I think uh commissioner harmony's suggestions are very good.

G

um I do have a couple of questions about the custom sending their ids uh on their phone.

G

How often does that happen in a month to you last weekend it happened four times.

E

Last weekend, and did you turn them away every one of them myself? Yes,.

E

But what I did not do is actually check the birth date and examine the idea. I just saw a.

E

Photo on their phone and immediately just said, unfortunately, I can't accept it right. Well, I I.

G

Think that's smart, your part. Frankly, I I even made a comment to the young ladies at the table.

E

I said I don't know, I said I don't know it's, it's not a big deal. If you just show me your.

E

Real driver's license, I mean it's practically the same amount of work. I've made a comment and.

E

They said no due to covet we'll rather keep more personal belongings to ourselves, and then I said.

E

Not a problem, not a problem, no service, no yeah, no service, they got. They ended up getting a glass.

E

They ended up getting cherry coke and something else they did not get alcohol. Okay, all right.

H

Mama license expires 60 days. After did you turn 21. two months.

G

But you could still uh carry uh uh the expired, maryland license and try to present it. Somebody.

G

I'm sorry could you say that one more time well, I was actually talking to our inspector.

G

Even though the the license expires in 60 days, someone could still carry it around.

G

Right and and offer it as identification they can and mva cannot get an appointment. You can.

H

Get mba letters saying the license is valid: they haven't issued a new license yet, okay.

H

Thank you further evidence to be presented in this case or testimony.

A

Hearing none testimony.

G

I have no further questions. Mr chairman.

A

Mr, you need to dixon up the prior violations in this case.

A

Okay, we need to bring.

G

Do we need to, I think mr dixon is saying we need testimony of the prior violation from our inspector.

B

But it just needs to be considered. That's all.

J

We need to this was a second. This was the second violation. This was actually the recheck.

J

um From the first violation, um the first violation was on september 8th, and this one was on 11th 30th.

J

2020- and we always look at that as more serious.

J

You should learn from your first, uh your initial violation. You should learn from that.

J

And uh put enough input into your employees that they're going to be extra cautious, not to get.

J

Caught on the re-check, which is, is usually a few weeks to a couple months afterwards, so we have we.

J

Always have to take that into consideration. So in retrospect, what we're saying is that there's.

A

Been three violations of sales to a minor in the past three years? Is that correct? Yes, the last two.

G

Violations were back-to-back, one was a follow-up which was failed as well, and uh commissioner.

G

Mending's comments, uh I actually those comments. uh Also, we uh we do take a follow-up failure, pretty.

G

Seriously, we don't see it very often. In fact I, as I mentioned earlier in this docket I've always.

G

Seen it today uh and it just, it shows the lack of something, uh and in your case mr cicales, I I I'm.

G

Not sure that it shows the lack on your part, but I I think you're trying to do what you can.

G

Something is missing that the follow-up was failed, uh that.

G

That and the fact that there was a meeting after the first uh violation back in uh september.

G

There should not have been a failure of the follow-up, especially if.

G

Your employees were advised that it's a crime to sell to minors.

G

So I agree with mr hartman on that issue, about the egregiousness of the failing of follow-up.

G

Compliance check.

A

Hearing no other testimony testimony is now closed and we will move into a.

A

Summation specter cary: do you have any summary to present? The only thing I would add is that we.

D

We rechecked them on december, the second and they passed okay.

A

Mr cicales, do you have any comments to summarize your case for this 6288 infraction.

E

um I just add that I was I'm just I'm still, I'm I'm embarrassed and I'm very embarrassed.

E

That it happened and, like I said I, I really try my best to hold the high standards possible and.

E

When this happens two times back to back um it, it doesn't look good and I'm I'm I'm I'm.

E

Embarrassed that it's happened to my business, but um I'm gonna keep trying the best. I can.

E

And um train train the employees get get them tiptam certified every single one of them.

E

No matter how much it calls and um and um with your permission I'm going to start refusing.

E

The maryland verdi, the maryland verticals, but continue to allow the pa verticals to be served.

E

As long as they are 21 and a manager checks them is, that is that is that is that, okay, to do.

A

Mr cicales, it's your operation and as long as you abide by the rules for alcohol sales of the.

A

State of maryland and the local carroll county rules. That's your policy to make. We recommend.

A

Many different policies in various different situations, but.

A

We strongly encourage you to adhere to those recommendations and, if you so desire.

A

That's your decision to actually make okay. Thank you.

A

At this time, all testimony is closed and we will move into a discussion of the.

A

Validity of the violation in possible resolution of the case.

A

My comments would simply be that.

A

Frankly, I I personally am and surprised at the violations that have occurred in this.

A

Establishment, which has always been very impressive to me and would be attributed.

A

To I'm sure the successful operation of the restaurant and establishment- that's there.

A

Violations, this close together certainly raised a lot of questions.

A

I know that the licensee and the managers and owners uh can only be doing so many things.

A

At one time, but it's imperative that all of these employees and anybody who was associated.

A

Certainly understand and adhere to the rules and regulations as set forth. So with that being said,.

A

Commissioners, uh I'd be interested in hearing your comments. I have to say first, mr s, uh sicalis is.

J

That uh uh you do have an excellent restaurant. I thank you and the community thanks you for being.

J

Part of it, food is great, I've been there many times, but there are some things that worry me.

J

About this case, and to be honest with you, we don't see this too often. This is the first day.

J

That I've actually seen multiple cases where um the rechecks fail, as well as the the first.

J

The first of the time that they check them so that's important. um The important thing that we.

J

Have to take in consideration, um we always think there's not much done after the first violation.

J

There could have been too much done because they re-violated again within.

J

A month or two, so we take that in in consideration too, when we make our final uh motion, mr barnhart.

G

I agree with everything that the chairman has said and also commissioner harmening has said.

G

And I will just be uh redundant to uh repeat my thoughts. Yes, three uh three violations of selling.

G

To a minor within three year period and and as mr carmen said, the follow-up was a failure which is.

G

uh In my opinion, very troublesome, uh the other thing is that that we always usually.

J

Consider worse is when they're not even about id asked asked at all by the server.

J

They didn't even ask for id that. That's not that's, not very good. It's pretty bad with all that said,.

J

I I would be willing to make a motion if the chairman agrees with that, I think a motion would.

A

Be in order, uh my motion would be to find uh um mr scott ellis cicales. Excuse me culpable in case.

J

6289 in the violation of sailed a minor, and um I would make a motion to find him. Fourteen hundred.

J

A

Question has been made that we find the licensee culpable and a fine of fourteen.

A

Hundred dollars to be assessed, is there a second to the motion? uh I will second that motion uh mr.

G

Chairman, um just adding that the um the licensee is culpable is ruler sequels, just for the record.

J

Thank you, mr barnhart.

A

Motion has been properly made and seconded uh under case 6289, that we find the licensee.

A

Culpable and a fine of fourteen hundred dollars to be assessed.

A

Is there any further discussion on the motion? That's hearing, none all those in favor signify.

A

By saying aye aye opposed no so ordered. Mr cicalis, we find your establishment culpable.

A

And assess a fine of fourteen hundred dollars that must be paid within thirty days of.

A

Official notice by mail of the actions and the decision, as afforded here today,.

A

Do you have any questions.

A

If not, we are sorry that uh you're here, under these circumstances and.

A

Express our concern and condolences to you for the health of your grandmother and hopefully.

A

Everything will be fine with that. Congratulations on a fine establishment and.

A

We look forward to having you as a valued member of the community uh in which you serve and and.

A

Hope that we don't see you back here under these circumstances again so with that this case is.

A

Concluded, gentlemen, thank you. um I won't let you down I'm going to work at it. I love carroll.

E

County by the way I've been here since 2011, and I won't give it up for anything- so I love it here.

E

I want to be a part of the community for a long long time and I'm going to work at.

E

It and I'll get it right, so I won't let you down. Thank you. Thank you. Thank you. Good luck.

A

Thank you with that. I would ask mr dixon to call case 6268. Please.

E

I'm gonna hang up now: okay, yes, sir. Thank you and thank you. You too.

B

All right, 6268, a class b bear one and liquor license issue to jose antonio ulla for the use.

B

Of cinco de mayo, five inc trading at cinco de mayo, 402 angler road westminster, mountain 21157.

B

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

B

Some documents provided by uh cinco de um there's, a november 13th 2020 letter from joe vance to jose.

B

Antonio ula, there is a acknowledged receipt of letter dated september 30th 2020 delivered.

B

By hand on september 30th 2020. there's a september 30th 2020 letter from joe vance to jose.

B

B

There is a document from the state's attorney's office on that letterhead.

B

From brian d, leonardo state's attorney and it's signed by oh looks like rosa garcia.

B

There is a alcohol compliance violation sheet dated september 20th, 2020 and signed and completed.

B

By inspector charles carey, there is a volunteers maryland vertical driver's license. That shows.

B

He will be under 21 until july, 31st 2021 and there's the volunteer seated at a table with a.

B

Glass of some sort of beer in front of it, I would ask that the farm be entered into evidence.

A

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

A

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

A

Do we have the licensee or their representative available.

C

So if you can stand and raise your right hand.

C

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

C

To give is the truth, the whole truth and nothing, but the truth.

A

Thank you may be seated.

A

Inspector kerry, are you going to present the case and if so, please proceed.

A

Are we on either spectre carry sorry? I missed out good afternoon uh inspector charles carey from.

D

The uh county liquor board uh on september 29th 2020 at 425 hours I had an underage volunteer who.

D

Is 20 years old enter cinco de mayo located at 402 anglar road in westminster, maryland.

D

I had the underage volunteer purchase alcohol. The volunteer was served.

D

A draft beer which was bud light draft beer. uh The server did not ask our volunteer for his id.

D

I'm sorry let me let me let me correct that the server did ask for.

D

Our volunteers id and returned the id to the volunteer. The server was rosa gomorrah.

D

I I spoke with miss gomorrah, who stated she asked for id and looked at it, but did not realize.

D

The volunteer was only 20 years old. Miss gomorrah is also tips. Certified all paperwork.

D

Was completed and signed, and we would like to submit the two photographs into uh into evidence.

A

We'll accept that into evidence.

A

A

Mr yolo, you uh are representing.

A

Cinco de mayo, yes, would you like to tell us what happened and anything.

A

In regards to this case, okay, um when the incident happened, um I got notified. um I had a meeting sir.

A

Please state your name and address for the record. I'm sorry.

K

Jose antonio um 2150 warm forest drive vinksburg maryland 21048. Thank you very much.

A

Now just go ahead and tell us so when the incident happened.

K

I got notified, I went um to the restaurant and I talked to the manager that was in charge.

K

And uh he basically told me what you guys just said that you know she carted the id.

K

And she gave it back and then uh she went to get the the beer and she came back and asked.

K

Him for the idea again and- and she gave him back the id twice so um and after that uh you know.

K

You know, obviously we she got she, you guys came in, she started, uh you know crying and all this.

K

And she ended up quitting and so the next morning I met with uh keith uh at the restaurant and kind.

K

Of went over things and he gave me the letter to sign and um that's where we left it, but.

K

After um you know, we we have a policy program. I send that into you guys on monday.

K

um Basically that she signed the contract of our alcohol rules. Basically, you know.

K

No vertical ids and you know what what ideas are valid, what are not.

K

um You know we have an intensive program that if you pass you get a hundred dollars. You know I I.

K

Do that for them to motivate them and um she's? She basically told me that she was going through.

K

Her parents weren't working with covert and all this and she was stressed and school and.

K

All this and anyway so she ended up quitting, and I guess after a few days a week later, she.

K

Contacted the manager she wanted to talk to me that she was sorry that she was going through.

K

Her family was struggling and uh I told her I couldn't take her back but anyways after I.

K

I talked to my guy that helps me get my liquor license, martin johnson, and uh he basically, uh he.

K

Told me the people that mess up once it's really hard for them to mess up again, so.

K

This might work out and and a good way in the long run. So I um we, I I told her that she couldn't work.

K

Till she got another um tips certificate but through martin johnson, which I do for all my.

K

Restaurants and um because tips, it's too generic, um so when I usually martin johnson do does my.

K

My courses for the restaurant, everybody in my restaurants, tips certified or I'll call awareness.

K

Certified and she did it and after that uh I think it was sick, got caught until when I rehired, so she.

K

I think learned for basically over 30 days. You know it was a big uh mistake on her behalf and.

K

So they decided to rehire her, but you know we. We have policies in place.

K

I also send an email with uh pictures where we have uh displays that say no vertical ids. We have.

K

It on every pos station, we have it in the front of the restaurant um and you know we have our.

K

Our policy book, um and uh so I mean we try to do as much as we can she. I guess.

K

Is I'm not saying uh I'm on her side, but she was having a bad day. um She got punished for it and.

K

All I can say I'm here, I'm sorry, but I do try my best to have everything in line with checking ids.

K

Oh and she has two certificates, tips, awareness and tip certified. So.

K

She had done it before. I guess she just was out. She wasn't on it that day.

A

Any other comments you'd like to make before I asked commissioners for their.

A

Comments, no that's it.

G

uh uh Sir, I have a question.

G

You provided us with a number of photographs and um depicting various things.

G

I want to go to the maryland alcohol service training seminar and you would mention that.

G

I didn't quite catch all the information uh who uh conducts this seminar, someone who you work.

G

With in other restaurants or for me, I do martin johnson, oh marty, johnson, his name is yes, yes, okay,.

G

That was my question. So martin johnson does this this program yeah for me, but for me, but the one.

K

She did before she started. Working with me was through tips, and I never liked those courses.

K

Because they were too generic right and- um and you decided to take her back um for, I think.

G

For good reasons, but you required that she take this course before she can start working again.

K

Yeah and I think from the day that we we she got in trouble so when she started working, I think.

K

It was over 30 days, so it was a big. uh You know it wasn't just a few days. It was over a month.

G

Right and looking at the minutes from your uh prior hearing.

G

uh For your first violation, you had uh testified that you had a hundred dollar incentive program.

G

For catching underage patrons, and I think you testified that you still have that.

G

Right, yeah yeah and how often uh go ahead? Excuse me. I send that on on the email on.

K

Page three: it says there the the program we give. You know 100 dollars. If you do pass the id check.

G

And how many hundred dollar incentive bonuses have you uh given in the last three months.

K

I think one time because after we got in trouble on the 28th.

K

We there's somebody in there a few weeks later and we passed it and we had a meeting and you.

K

Know we give 100, we have a small meeting and we make it public to every server. It's a motivation.

K

It's more to motivate everybody and just to check ideas, something simple and and then make you know.

K

A hundred dollars- I love it since, since the 20th, but before then I've passed, maybe 15 times, I've.

K

Done it since we've been open at this restaurant, since every time we passed so it's been a.

K

It's been, I've had this for years right and also at that last hearing you mentioned.

G

Putting up signage about um vertical ids uh is that is that the picture of.

G

The sign that you sent us that's on your door, yeah that was put up in my front door. Yeah.

G

That was put up after the first there. It is yes, that's probably like it's probably uh maybe 10.

K

Inches by 18 inches tall, so it's a good size. You can't miss it when you go in right and and that.

G

Sign was put up after your first violation uh back in 2019. Is that correct, correct? Okay, thank you.

G

That's all the questions I have at this moment, mr chairman, commissioner, harmony.

J

How many, uh how many prior checks have they passed.

J

Inspectors, do you need approximately eight.

J

Approximately eight that they've passed how many checks? Oh yes,.

G

uh Looking at my flow chart, including the recent one.

E

One two: three: I have eight consecutive successful correct that to ten I'm sorry, I have eight.

A

Successful uh you have a different. You have a different flow chart than what we have then.

A

The one that was given to us just several days ago or today shows eight consecutive.

J

You have the same chart that commissioner barnhart and I have yeah. I have the same one. You have.

A

And it counts eight, that's what it looked like! That's why I was wondering if that was correct.

G

Yeah, we have eight consecutive successful checks and then there are two following failures: tell.

H

Them that don't tell me that they're trying to talk to you you're, not answering them.

D

Yes, that's correct. It's going to be eight in between uh both violations between the.

D

Violation on 12 30, 14 and 9 25 19, there was eight uh consecutive checks that they passed.

D

Right, thank you. Okay, let's go with that and proceed.

A

Okay, so uh you had a hearing also back in march of 2015, was that actually a 2014 violation.

J

That you know, I don't recall.

K

I don't recall, I know we changed the um resident agents at that time. I I don't have it in my notes.

K

Either could happen, I know we when we opened inspector, kerry or or mr benford.

J

Inspector best through that march, 11 15, fine, that he was fined, was that actually a 14 2014 violation.

J

Okay, I just wanted to make sure that's what that was all right.

J

So you made changes between your 2019 violation to the to this last one.

J

uh And all the signage and all of that that was all done between 2019 and now.

J

Yeah, okay, the we like, like, I said we we're pretty when it comes to.

K

Checking ids: we have a very good program that uh martin johnson has.

K

Made it better every year, every time we do a new course he gives us hey. This is what you have to do.

K

And we always add things to our booklet, our you know our alcohol awareness.

K

uh Classes, our our policies for the restaurant, we constantly are adding things to it. So.

K

That's why so? That's all I can really say, but I don't I don't know why she would mess.

K

Up and the guy before doesn't work with me, the guy that messed up the previous time.

K

um With her, you know with covet and everything I I felt all kind of obvious looking.

K

A chance to to make some money because you're struggling so.

K

But you know every time you guys send somebody in I mean we have meetings constantly, but the good.

K

Meetings, the happy meetings are when you know you guys sent another guy, and the guy makes a hundred.

K

Dollars and everybody's smiling, it's they're motivated. Those are the we like, not the ones from.

K

Bubble and everybody you know upset at that. You know how long you had, mrs uh gomez, to work for you.

K

Can you can you repeat that.

J

Can you repeat that again, please, how long has mrs gamosa work for you.

K

Well, she started um working that long. um She started working, maybe in.

K

February or late january, so it hasn't been long um with covet. When we actually closed the restaurant.

K

10 days, so a lot of my servers that were there longer time, you know, ended up moving around and.

K

She was taking uh to go orders okay and when the opportunity became a server okay. Thank you.

G

um Sir uh miss garcia was, was she referred to the state's attorney's office? Do you know.

K

I don't think so. Okay, we have a program in carroll county when a when a server serves underage.

G

People that there's a notice given state attorney office and they can enter a deferral program where.

G

They just get uh online education, I think mostly from mothers against drunk driving. It's a program.

G

That we've had for about a year, I think, and do you know if she went through that program or not.

G

Or maybe mr benford, or do you know yes, she was. She was working as of this date.

D

She has not completed the program. Well, the the letterhead from the state attorney's office, brian.

B

L d, leonardo state's attorney's office, it's in the file uh she her name rosie, garcia,.

B

Looks like she's going to participate, so I don't know if she did it or not, but.

B

That's that's sheet is in here in the file yeah as of okay. As of this date, I'll talk.

D

About this attorney has advised that the program has not been completed by her.

A

Okay. Okay, mr barnhart, to answer your question, I don't think this letter, I'm looking at the.

A

January newsletter that was sent out by our office, uh I think that was the time that this letter.

A

Was officially uh that procedure was officially put into effect, so if it, if it occurred prior.

A

To january of this year, I don't think that program was in effect at that time. According to my records,.

G

Right, okay, but now it is yeah. So when, when miss uh garcia, I was talking about a minor back in.

G

September 29th of 2020, the program was in fact, and I just I just wasn't sure that I.

G

Didn't catch it, she had uh participated in the state's attorney's program. That's all.

A

Any further questions or comments.

A

Yes, sir, if not testimony in this case is now closed and uh we will go into a summation phase.

A

Inspector kerry: do you have any closing comments? Oh no, sir! Not this time.

A

Mr jose, do you have any closing comments.

F

A

Therefore, evidence and testimony is closed in this case.

A

And the commission will now decide the merits of the case to come to a conclusion.

A

As far as I can ascertain here, and you all can correct.

A

Me if I'm wrong, this would be the second violation case. 6268.

A

Violation would be the second one in uh approximately a year. Is that correct? Yes, sir.

A

And you have put in many places uh procedures and so on and so forth in concurrence with.

A

Marty johnson, to make all your servers and and employees aware of the.

A

Importance of checking, ids and and selecting uh who they may not be able to serve because of age.

A

And if I remember testimony is that a vertical license was presented but was still served, is.

A

That my understanding, gentlemen,.

G

Yes, sir, it sounds like this is this uh more of a failure of the server.

G

In my mind than it is a failure of the licensee who, I think has taken a lot of steps commend.

G

Him on the steps that licensee has taken since the first violation, which is back in september,.

G

2019, uh I I like the sign on the uh the door on the front of the store. I think.

G

That's that that's a good step. The incentive program is clearly a good step. In my mind,.

G

This, uh the I looked at the employee policy, cinco de mayo, has it's pretty comprehensive.

G

It looks like it was presented to the server before this violation.

G

It sounds more less of a failure of the licensee than of human, uh a human employee.

G

In my mind, but it is a second violation in 12 months, which that cannot be ignored either. uh Mr.

G

Chairman looks like a minute from the last hearing september 25th of 2019, there was a fine of 300.

G

That was assessed after uh the licensee was found culpable for selling to a minor.

G

uh So I would note that for the record.

J

Mr barnhart, I would agree with you. I think this is a situation where the licensee.

J

Is not the person at fault, but it was a server and uh whether.

J

The server was under some underlying pressure and she just got sloppy and.

J

And served the uh the minor may be the case, but I I totally agree with you.

G

Mr chairman, I would be prepared to make a motion unless there are further comments from the chair.

A

No, I would like to hear your motion. Thank you.

G

Mr chairman, this is the second violation and 12-month period which is which is not good.

G

um I I do think that the uh what's in evidence uh shows that cinco de mayo takes this seriously.

G

It's not lackadaisical about it about the issue of selling to minors. uh Unfortunately, it's uh these.

G

Things happen and I think they got caught up in uh two quick violations within a uh a year period.

G

uh They were fined once before for three hundred dollars. um So, mr chairman, uh I would move that.

G

In case six, two six eight at the licensee be found culpable uh force uh selling to a minor.

G

Second offense in 12 months, and I would move that we assess a fine of six hundred dollars.

G

But the mitigating circumstances, in my mind, uh uh because of those mitigating circumstances of.

G

The efforts that this licensee has made, I would suspend 150 of that fine uh contingent on the.

G

Fact that there are no further violations in a month period from today's hearing.

A

Is there a second motion, a second debt chairman motion's improperly made.

A

And second, and that we find the licensee culpable and issue a fine of six hundred dollars, of which.

A

A hundred and fifty dollars would be suspended. There are no violations in the next 24 months.

A

Any further discussion on the motion- yeah hearing, none, those in favor signify- is saying aye.

A

A

We find the licensee in case 6268 culpable and assess a fine of six hundred dollars.

A

Of which 150 dollars to be suspended, if there are no violations in the next 24 months,.

A

You will have 30 days in which to satisfy the fine.

A

Upon official notification of the action of this commission here today, do you understand, sir, that.

A

The results of the case- yes, I do yes, thank you very much and congratulations on a fine.

A

Establishment- and I know that, based upon your testimony, you have done everything in your.

A

Power to make your employees aware and if those eight successful cases are successful, checks.

A

It means that there's been about eight hundred dollars in awards.

A

Presented to your employees, so congratulations and best wishes for a holiday season.

A

And uh we hope that we don't see you back here in this same position again. Thank you very much.

A

You may be excused antonio, are you going? Are you going to restaurant tomorrow or friday.

K

Yes I'll be there tomorrow morning, okay, I'll, stop and see you tomorrow morning.

K

Thank you, bye. Okay, our case 6263 has been postponed at the last moment due to the corona.

A

The covet 19, which has been verified with the health department. That concludes our list of cases.

A

Back to our official business agenda. Just to recap that a letter of opposition to the.

A

Statewide suggested bill, that's being presented in the legislature, that for approval of delivery.

A

Services to continue after the current state of emergency or whatever it is that we will issue an.

A

Official letter on behalf of the commission to our delegation, the delegates and the.

A

State senator question along that, should we also send a letter to the commissioners.

G

I don't see why not that thought just occurred to me. I don't see why not either.

A

uh Because they'll have input to the to the delegation yeah, I would agree with.

J

That so, if all three of us agree, uh mr dixon, we would ask that if you would prepare a letter.

A

uh With all the legalese that's necessary as to the possible legislation, number and.

A

So, on and so forth to to all of our uh annapolis delegation, as well as the county commissioners.

A

And let me know I'll be glad to sign it. On behalf of the commission uh and as for the.

A

Beer and wine sales in grocery stores, the information that's been given to us.

A

Perhaps we can wait until our january meeting to see if anything further has advanced on that.

A

Keith is that what you're concerned well or not concerned, but that's.

A

What your understanding was of of the latest information that we have I'm.

H

I'm gonna wait to they make the draft they draft the bill and then once I get copies of.

H

The draft I'll send it out to everybody: okay, is there any other old business.

A

Any new business I just want to cover we're meeting us january 7. and possibly the eighth.

A

If needed at the community college.

A

And keith will send us later information as to exact time and location and so on and so forth.

A

I take it. uh 10 a.m, k-100 same place. We've had the training seminars the last two years.

G

And uh and keith I would like uh to know, if maybe you can arrange for me to stop in.

G

Some point before then, and and look at the.

G

uh The video that we have because it doesn't work on my computer at home. So whenever you, whenever.

H

You're comfortable coming in whenever you want to come in, just give me a call. Okay, thank you.

A

Commissioner harmony, you have any other comments or questions.

J

uh No, I don't have any any comments or questions.

A

Mr attorney, mr dixon, any closing comments, no comments.

B

Joe no I've made more than enough comments today.

A

Just one one, one correction, uh ms vance, the official business agenda.

A

Says that our next meeting will be wednesday november, the 18th 2020 at 10 a.m, in room 03.

A

004 of the county office building, I think that is meant to read january 13 2021.. You are absolutely.

C

Correct that is what it was meant to read. Okay today, so so we'll see everybody on the seventh.

A

Yes and later on january, the 13th, if there's no other business, to be brought before this body.

A

We stand adjourned happy new year, merry christmas and all that stuff to everybody.

A

Stay safe. Thank you. Thank you. Thank you.

F