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

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From YouTube: Board of License Commissioners December 9, 2020

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

A

This time we will call a meeting of the board of licensed commissioners to.

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Order, it's been tradition for many many years that we begin our meetings with the pledge to.

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The flag, an observable moment of silence in memory of all those who have given of their.

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Supreme sacrifice to make our country great and as free as it is.

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Strictly voluntary at this time, I would ask mr barnhart if he would lead the pledge.

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

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The republic for which it stands, one nation, under god, visible liberty and justice for all.

A

A

I would ask our attorney mr dixon, if he will call our first case number 6251, please.

C

All right case 6251, a class, a beer wine and liquor license issued to rajonna kant, patel.

C

For the use of shree liquor's llc trading is carol liquor, six east ridgeville boulevard.

C

Mount airy maryland two one: seven, seven one violation: hearing two sales to a minor.

C

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

C

November 13 2020 letter um from joe vance to mr uh mr patel or patel arthur powell.

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There's a september 18 2020 letter from kelly s, miller to the board acknowledge receipt of letter.

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August 6 delivered by hand on august 7.

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2020. there's an august 6 2020 letter from joe vance to ron john [ __ ], but.

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Patel and then there is a on august, there's an august 5th 2020 alcohol compliance violation sheet.

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Written out and completed by inspector keith benford.

C

That's a two-page document.

C

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

C

On the stationary of the state's attorney brian l de leonardo and signed by a.

C

We're hit by patel.

C

There's a vertical driver's license of the volunteer shows that the.

C

Person is under 21 until july 2021 there's a photograph of.

C

The volunteer outside the store, with a 24 uh case of corona extra.

C

I would ask that the file be entered into evidence, we'll accept that into evidence uh at this time.

A

I would assume that uh inspector benford will be presenting the case.

D

um County attorney, jim allman is going to be potentially presenting the case for the county.

A

Mr allman, yes good morning, we may proceed. Thank you and good morning, commissioners, um my name.

E

Is james allman and I'm um on behalf of liquor inspector mr benford, um both mr benford and I.

E

Have been working with defense counsel, um shaffer miller on a resolution to both cases 6251.

E

And 6265, which both involve uh carol lickers, um miss schaefer, has.

E

Spoken to and advised her clients, we have recent agreement on these two matters.

E

That agreement being a three-day suspension of the liquor license plus a four thousand dollar.

E

Fine, um the parties have also agreed on a joint statement of facts, which I believe the.

E

The board has with them this morning. um Ms schaefer again has spoken and advised her clients.

E

um On this joint statement of facts- and they have accepted um the parties believe that we have come.

E

To an acceptable agreement without the need for a formal hearing um with these two matters.

E

Involving carol lickers and we respectfully request that the board accept this agreement.

A

Commissioners, you have heard the proposed agreement between the parties and the.

A

Involving both case 62, 51 and 62 65.

A

Is there other information that is available that we need.

E

Sir, I would just like to read um into the record the joint statement of facts. If that is okay, I'm.

A

Sorry would you repeat that I would just like to read into the record the joint statement of facts.

F

Okay, that's not really necessary. We could just.

C

Call this uh joint exhibit one and all the board members have it: okay,.

B

F

If we're not going to read into the record of the agreed statement of facts,.

B

Then I have, uh I want to make a mission for a brief recess to get legal advice of counsel.

B

And also, I would ask that joe vance if she could get us the file to case 6091.

B

With the same licensee, it was a violation for sharing alcohol and not uh with another.

B

Establishment and not keeping proper records. I would just like to look at the order in that case,.

A

You have uh requested that we adjourn for legal advice in addition to review the case number.

A

That you cited is that correct, that's correct, mr chairman, be case 6091 that was heard august 8 2018.

B

It is briefly mentioned in the agreed statement of facts. However, um there's some.

B

Information in that file- that's not in the agreed statement effects that I would like to review.

A

Is there a second to that motion? I second that chairman motion's been properly made.

A

And second, that we adjourn to review the case number. As stated and the statement of facts.

A

Any further discussion on the motion, all those in favor signify by saying aye.

A

Opposed no, we will adjourn at this time for legal advice to further move on the case.

C

Mr chairman, can I just.

G

Apologize uh the four thousand dollars mr dixon, could we had not discussed specifically how that.

G

Would be allocated, but yes, there is the two thousand dollar limit per violation, so it.

G

Would be split up between at least two uh split between the two cases, if that's how the board.

G

Would wish to handle it and the three-day suspension that we had discussed with mr.

G

Allman and mr benford would be a long weekend in january.

A

Any further discussion or questions before we adjourn for legal advice.

B

Yes, sir, now that that that's cleared up, we stand adjourned for legal advice.

A

Ladies and gentlemen, we're back in session.

A

As previously mentioned, we adjourned to receive legal advice.

A

And at this time, we're back in regular session.

C

I I provided the board legal advice as as far as the statement of facts and the plea agreement.

C

And we also got into the issue of revocation of a license and the grandfathering. In of.

C

As to how that applies to the grandfathering end of an establishment.

A

We find this is a very serious case and that this time we will discuss the merits of the case.

B

Mr commissioner, one of the obviously, as you mentioned this is.

B

Very serious and very disconcerting on many levels. One little for me is that this licensing.

B

As previously to the charges uh shown, in my opinion, a fair disregard for the.

B

Rules and regulations of this board this county and.

B

Actually, the state and I'm referring specifically to a violation uh in connection with transfer of.

B

Liquor from one location to another, which is against the rules and.

B

And also fair to keep records, and this is back in a hearing on august 8, 2018.

B

And I feel that that is.

B

Indicative that perhaps this licensee doesn't take seriously.

B

Negations of a licensee uh uh in this county- um that was the start of my that was a.

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Jump off point for me and considering what to do in this case,.

B

I look back at that time. We were fairly, in my opinion, fairly lenient.

B

It was fine 500 for transferring liquor from one location to another and five.

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Hundred dollars from failure to keep records which are which are both.

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uh Important obligations of any licensee of any liquor store.

B

And now, mr chairman, we have this situation of.

B

Two cases that are before us today the way I look at it. We have four separate violations.

B

That we're considering, in the first case case six two five one. There are two sales to a minor.

B

Even those two transactions, it was during one compliance check by our inspector.

B

So there's a two bytes in that case and in the second case there are two violations.

B

uh Illegal conduct, which is rule 7 in violation of rule 63, peace and safety of the community in both.

B

Those cases we have discussed yet, but uh they are mentioned in the agreed statement of facts and it.

B

Seems like there is a fair amount of community recognition that this particular licensee.

B

Regularly provides sales of alcoholic beverages to minors and is known for doing so, has a reputation.

B

For doing so and has uh raised the interest and the concern of number of parents who reports.

B

A number of violations, as well as the law enforcement community in mount airy.

B

I'd be interested in hearing uh any other comments from any other. Commissioner, on this.

H

Well, miss, mr uh commissioner barnhart. I feel that uh it's not a right but a privilege.

H

To have a liquor license extended to you, uh and I feel this licensee has blatantly ignored.

H

The liquor board rules of carroll county and has also put the community and minors.

H

Have jeopardized the safety and well-being of those in the community, um so I I also take this as.

H

Probably the most serious case that we've had in a long time, this establishment's been well known for.

H

Sailing to minors we've had at least four parents um come to uh the different law establishments and.

H

Complain about their their kids being served uh alcohol in five different cases um and the.

H

uh Fact that mr inspector benford um had the uh and our gentleman go in there and buy liquor and.

H

Right after that, they sold again to another miner right after uh our volunteer was served.

H

So it's a blatant disregard of the uh of the rules of liquor board rules in carroll, county.

A

I I agree with everything it has been said. I can't understand.

A

How a person would be culpable of a violation of sales to a minor and actually before.

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The inspector has a chance to get in the car and leave the same date.

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That same establishment would sell again to a minor 15 minutes later, which indicates to me.

A

Based upon the statement of facts that have been entered, it's a pattern.

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It seems this establishment specializes in selling to minors. I I just think.

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This case merits very, very serious consideration by this commission. I think that the.

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Agreement plea agreement that.

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Has been offered.

A

In my opinion, lacks seriousness of the charges that this establishment faces.

G

Mr chair, may I make a comment on this case. Yes, you may thank you uh kelly miller here on behalf.

G

Of carol lickers- and I do have mr raj uh patel with me as well- we've got a slight uh technical.

G

Challenge in my office, so um we we will just take turns in front of the computer if that's necessary,.

G

um Thank you for for your consideration. I completely agree with you that this is.

G

These are very serious allegations. um The allegations in case I just wanna, make sure I get.

G

The cases correct six two six five are allegations that we would we would absolutely contest and I'll.

G

Speak about that in just a quick second, but in six two, five, one um that we are not contesting.

G

And that was a very I mean not not to uh diminish it, but that was a terrible day at carol. Liquors.

G

Okay, the two violations: there's no excuse for it- that employee was immediately terminated.

G

It is absolutely not the policy of uh of mr raj patel the licensee to allow that sort of conduct.

G

And frankly, I I spoke with the employee and we sat down together and we said what the heck happened.

G

Okay and there's no good explanation that that that behavior cannot be tolerated and.

G

Is not tolerated. um The allegations in case 6265 are also incredibly serious, and I will.

G

Tell you for a fact that when I first learned of them from mr benford, I immediately called.

G

The client and had a conversation and said: do you have any idea that this sort of activity is.

G

Is occurring has been alleged to occur and they said absolutely not. We take this license so.

G

Seriously and then they they proceeded to tell me, and obviously this would be a part of any any.

G

More detailed hearing on the matter, but I'll give you a quick preview, which is they told me that.

G

They had one parent who confronted them at one point in time about a potential sale to a minor.

G

They immediately checked surveillance videos. They showed a video to the parent of the.

G

Person who conducted the sale and that parent said, oh well, that's not that's not my child.

G

um So that situation was resolved, that was the only instance that they ever had knowledge uh or.

G

Awareness that sales to minors were alleged to be occurring until uh this violation. If you look back.

G

At their past compliance checks, they have a pretty good history of the compliance checks. We are not.

G

Negating the seriousness of case 6091 that you all discussed and um asking mr dixon for legal advice.

G

That was a violation that occurred that you all discussed, found culpable fined. uh Managers were.

G

Immediately terminated policies were changed at at the store. um I understand your concern.

G

About this licensee, but I also want to tell you that mr raj patel is the owner of another.

G

Pharmacy business as well, he is respected in the community and he takes enforcement.

G

Incredibly seriously and although perhaps not immediately relevant to liquor board purposes,.

G

He has a history of reporting any incidents with the pharmacy directly to government agencies. He.

G

Takes these sorts of enforcements incredibly seriously and was shocked by the behavior.

G

Of of the manager employee in this instance, hence the terminate the immediate termination. So I do.

G

Not want you to think that this is a disregard for a license, because that is absolutely not the case.

G

They do not believe that this is a right or privilege to hold a license. They completely.

G

Understand that the importance of holding a liquor license, so I did just want to dissuade you from.

G

That so with that, I would I just wanted to provide some background, because I thought it was important.

G

For you to understand in kind of our complete agreement, if that's what you want to call, it.

G

With speaking with keith that this was not an easy case to look at and in coming up with that.

G

Part of what we looked at is if these events are in fact occurring. How do we make sure they never.

G

Occur again, um and so that is what was taken into consideration, the store, already tips and.

G

Tams certifies every employee, um this was a, I know. I know you hear it all the time and uh perhaps not.

G

Relevant, but this was an employee who didn't do their job. They he was trained. He had tips in tams.

G

Training, he knew he was supposed to ask for an id, and he didn't. um That was a. That was an incredible.

G

Oversight why it happened. We have no idea, but it did, um and so he he was fired um it. Would it.

G

Would have almost been easier if he had not been trained, because then there'd be a clear answer.

G

As to why he didn't ask for nid uh or why he, he he failed to you, know properly validate the id.

G

But in this case he was trained, he was trained tips and tams and he wasn't trained internally. He.

G

Knew the store's policies and he just completely disregarded them that day, um so that is that.

G

Was the background of what and what went into my discussions with mr benford and mr allman.

G

And my clients consideration of this as well, so I just wanted to provide that information to you.

G

And we are here and happy to answer any specific questions that you might have as well. Ms miller.

H

Let me ask you a question: um how many people does mr patel have working for him? I believe it's.

G

There are three people that work at this location, carol lookers, so we're getting complaints from.

H

Various parents- I know four at the start that complained about it. There may be more. I don't know.

H

um So you're telling me that all these sale deminers, they were all being done by that one.

H

Individual or or all three of these people selling the miners, mr harmony, that was the first question.

G

That we asked ourselves, we said okay, these are the allegations. First of all, let's assume they're true.

G

Okay, um what's what's the employee issue- and I spoke with mr benford part of part of the problem.

G

Was an inability to pull surveillance videos because, by the time we learned of this allegations.

G

We weren't able to pull any surveillance to try to see, because that was our first goal was identify.

G

Which employee was was an issue if, in fact, that is the case and the most I'm sure mr benford might be.

G

Able to speak a little more specifically, but the most um concurrent or or similar fact that these.

G

People are sharing about who was the problem was that it was the old guy manager. That's what we.

G

Were told, um and so mr rohit patel is the older gentleman who works in the store predominant hours.

G

Okay, most most of the time, and so after having a discussion with all employees at the store.

G

The owner identified that that must, I mean obviously he made the two sales on uh for.

G

Under case 6251, so for that alone he was being terminated, um but then once we learned more.

G

Details of these other allegations that also pointed to that employee. So that is that's. Why.

G

We came to that determination, mr harmony, so here in essence, you're trying you're telling me that.

H

It's probably from the same server the same person working. That's that's doing all these sale demise.

H

Is that is that what I'm getting from you? Well, to the extent we are we're, not I mean.

G

I I would still contest the sales to minors that are being alleged against us as a result.

G

Of the other case number, but I would say that the the similar fact that was in those cases.

G

Was an older gentleman and because that was the same older gentleman that that had was responsible.

G

For the violations in case six, two five one, it was an automatic termination. You know no matter what.

A

Okay, miss kelly. Just one question: you can answer yes or no.

A

Is not the licensee totally responsible for the actions of that store? Yes,.

D

B

um Ms miller, I have a question you uh we haven't called by the way we haven't called.

B

Case 6265 yet, but we are discussing it um and you indicated that you would contest.

B

uh The the two um violations that are set out in that case, which I guess always uh prior sales to.

B

Minors in the community and the reputation for such basically, what were your, what would your.

B

Contest be based on why? Why would you contest that what information do you have that we should have.

G

Mr barnhart, I have the the same information you have which, in my opinion, comes from. I.

G

Wouldn't even necessarily call them witnesses because we don't have the minors available.

G

uh To testify, which would potentially be a part of that case, if that were tried, um but what we have.

G

Are allegations coming from third parties uh from miners who lack, in my opinion, lack credibility.

G

Credibility, the miners are either conducting an illegal activity by trying to buy alcohol.

G

Or they've, I believe in one of the allegations someone had turned 21, but either way they are.

G

Speaking to illegal activity, and so we are getting a third-party account from an already unreliable.

G

uh Source that we haven't, no one has had the opportunity and my, in my knowledge, no one has.

G

Investigated and spoken with any of these miners, um so I I I understand that um I also, I think that.

G

The transfer here the transfer of ownership occurred in 2017 of may so it's also possible.

G

That some of these allegations were spanning from actions prior to that and those we just wouldn't.

G

Be able to speak to, but I I would just need more information, mr barnhart, to be able to directly.

G

Address them: okay and that's fair, um but wouldn't you agree that these miners um and the.

B

Reports that we have telling their parents uh about these purchases.

B

um You say they lack credibility, because these were illegal activities but they're.

B

Also, a statement against interest to your own parents. Does that lend some credibility to it.

B

Telling your parents coming clean, doesn't that kind of make it sound, credible.

G

I I would not disagree with you, mr barnhart, that may lend some credibility to it.

G

I just have a a question of the multiple layers of communication. I guess and that's something I.

G

Think that would warrant getting down more into the meat if that was, um if we proceed forward.

B

Yeah- and I agree that there's several levels of hearsay here, but I I think, uh based on.

B

Advice from council that that this board can accept hearsay uh if we feel that it is reliable.

B

uh To a reasonable degree- um and you probably agree with that too ms miller, but but I agree.

B

With you about the digging down into the several levels of hearsay that we have, I agree.

H

Miss miller, how often is mr patel in his store since he has a pharmacy. uh I would assume that.

H

Would take a lot of his time? Mr harmoning, I asked him that question and I I'm happy to answer. I'm.

G

Also happy to call him over to the computer, but um when, when he and I first spoke that was one of my.

G

Questions to him and he indicated that during covid it's been slightly less frequently, but.

G

Now he, after as a result of these incidences, has returned to approximately once a week. Well,.

H

In the community of teenagers, news gets around very quickly um and this seems like it has become.

H

A hotbed for sale to miners, where a miner can go and get alcohol. um It just blows my mind.

H

That he would not know what was going on there. um Maybe it's because he hasn't been there much.

H

um Maybe it's because it's one uh employee, that's doing all of this, I'm not sure, but the end result.

H

Is the licensee is the responsible individual and he needed to take care of his business.

G

Mr harmoning, I agree with you and, as I stated to mr bronning, the licensee is responsible.

G

um And- and he fully acknowledges that and as soon as we learned of these allegations.

G

He did take responsibility and has taken actions at the business. This was I mean I.

G

I don't know how to say this other than saying that I trust my client. um I've represented him.

G

For for a few years now- and he tells me that they had no knowledge- that this was happening.

G

At the store um they had heard past incidences at the previous ownership, and so they had taken.

G

The role of training, their employees requiring tips or tam certification and taking what they.

G

Thought was every precaution possible to make sure employees were engaging in the appropriate conduct.

G

But evidently, as a result of case 6251 at least that that didn't happen um so the most you know.

G

He could do in that situation. Personally is fire that employee, which was obviously the immediate.

G

Response now, I also understand that this board has worked with the state's attorney's office.

G

To take separate um to potentially take separate actions against individuals responsible, um but I.

G

I agree with you: a licensee is the responsible individual before this board and- and I would.

G

Submit to you that mr patel has taken actions, um I I know I've said it to all of you before so.

G

It's not news, but you can have a perfectly trained employee who one day decides. He totally disregards.

G

All of his training and apparently that's what happened here. I'm not saying that's an excuse, but.

G

I'm saying that, from the perspective of a business owner, you can do everything right and you hit one.

G

Day with your employee and there it all goes, um so I would ask you to take that into consideration.

G

And the seriousness with which the licensee truly takes this uh into consideration as well.

H

So mr patel can tell us under oath that he has never had a complaint from anyone in the community.

H

About his establishment selling to minors, is that correct or not correct before we do.

A

This miss kelly, miss vance, please swear in anyone who intends to testify in this case.

A

Please stand and raise your right hand. Anyone who tends to testify. Can we see your client.

G

Can you see him? Yes, okay, you ask him to raise his right hand. Yes,.

I

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

I

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

J

Yes, so, mr patel, if you could tell us it in person or not in person but directly from you, that no.

H

One in the community has ever complained to you or or your store about them, selling to minors.

G

They're asking you have you ever received a complaint about sales to minors from the community.

H

Anyone in the community- no can you say it loud. He said no, please miss kelly. Have him state his name.

A

And address for the record, please! Yes, absolutely! Thank you, mr patel. Can you state your name.

G

Spell your name: my name is rajini patel r-a-v-a-m-I, hotel, 1-0-8-0, burberry road.

H

So, mr benford has there been any written statement of any parents.

H

Or anyone in the community directly saying they called that establishment to complain.

A

I do not believe so, but I will I am in midst of checking. My paperwork is to verify. Okay. Thank you.

B

Miss miller, I keep going back to the uh hearing that we held on august 8 2018, with this licensee.

B

I I I had referenced it earlier, and you indicated that you have uh represented this licensee.

B

uh Previously were, were you counselor with that hearing? Do you recall? I was not counsel at that.

G

Hearing I began representation very shortly there after that hearing that they were represented by.

G

Michael richie, at that hearing I believe, okay, thank you, you're welcome. um I still. While I have.

B

My microphone unmuted, I I still. um I appreciate your arguments uh and your points. I still am.

B

And seeing a pattern of conduct which is to me is the um the foundation of my problem, this licensee.

B

uh It might be his stores, I mean I'm his employees, but nevertheless going back to uh 2018.

B

uh And the facts in that case, which I found very unsettling- uh the facts in this case.

B

At least, to the extent that there's a great statement of facts.

B

uh Just shows me a pattern of disregard for following our rules or ensuring that.

B

Our rules are followed, as well as the rules of the state and the comptroller's office.

G

Mr barnhart, I understand that concern and um although I did not represent the client.

G

At that time, I did, uh you know obviously review that case as well. um I I would say to you again.

G

Not as an excuse for case, I believe it was 60 91, but more so just to bring to your attention the.

G

It's been approximately two years uh in between the two cases, um those managers.

G

Were immediately fired from both of the alleged uh the the violating locations, if you will.

G

That mr patel um was unaware that that happened and and also implemented training policies, whether.

G

You think it's necessary or not implemented training policies where it's made.

G

Very explicit to employees that no transfer of inventory from anywhere can occur. um You.

G

Can never accept inventory from any location, but your direct distributor so that I don't know that.

G

That's something that employees are regularly trained in at every location, but I know for.

G

A fact that that's now the policy at carroll liquors so although that case was very serious,.

G

I understand this board took it very seriously. I will say that concern was shared by mr patel.

G

And he has done everything in his power to ensure that that never would happen again. um And I think.

G

I I hope that you can see that from the history since then they this this location, I mean, I don't.

G

I don't think it's. It should be taken too lightly that this location has a history of.

G

Positive compliance checks, which also is part of the reason he truly was unaware that this.

G

Issue of sales to minors was being alleged, may or may not have been happening because.

G

He was aware of the history of positive compliance checks, yeah and I agree with.

B

You on ms miller, there is, I think they had five successful consecutive compliance checks.

B

uh Since 2017, at least that's that's what my notes indicate, uh can you ask your client? uh What's the.

B

Name of the manager at his store involved in the 2018 case, name of the manager who was fired.

G

It was I'm ruchi patel.

G

I'm sorry you cut out there on me, mr barnhart. I'm sorry uh can you spell that for me or happy.

B

Client, the first name, I know last name. Let me let me is it r-u-c-h-I, r-u-c-h-I.

B

Is that short for for something? Is that in a freebie? No, that's it and she's.

G

Female correct: yes, yes and her husband is pulling patel. And can you ask.

B

The licensee, uh if he knows where pulin, patel or ruchi patel, is now employed.

G

He's not aware of if they do or do not work at any other store. Okay. Thank you. You're welcome.

H

Ms miller was this um employee the only one working that evening during these.

H

Violations? Yes, mr harmony, the violation's in case 6251. Yes, it was just mr rohit patel.

G

B

So I guess I have a question for uh mr dixon or or for the chairman.

B

uh Since we haven't called the second case yet, should we call it um in connection with or just.

B

Any discussion on the agreed statement of facts since the agreed statement of facts involves.

B

Both cases- okay, I'll I'll, read that case into the record um case. 62 65, a.

C

Class, a beer one and liquor license issued to rajon patel for the use of shree liquors.

C

Llc trading as carol liquor, 6 east ridgeville boulevard, mount airy, maryland, 21771 violation.

C

Hearing violation of rule 7 illegal conduct in rule 63, peace and safety of the community.

C

In the file of that matter, we have a november 13th 2020 letter from joe vance to our patel.

C

Loud receipt of letter dated september 15 2020 delivered by hand on september 15, 2020.

C

September 15 2020 letter from joe vance to r patel.

C

And a inspector's report for licensing and board of licensed commissioners signed and.

C

Completed by keith benford.

C

With the violation, 7 illegal conduct and 63 peace and safety of the community.

C

It's a multiple page document.

C

Includes emails from citizens, email from a council member in mount.

C

Airy, I would ask that the power be entered into evidence.

A

We'll accept that into evidence, mr dickson, is this a contested one is this contested? Is that correct.

C

Well, they were both said. Both cases are subject to this. uh The play agreement and.

C

The statement of facts that were introduced at the beginning of this hearing- okay, because I thought.

H

I thought ms miller said that uh 62-51 was not contested and 62-65 is contested.

G

Mr harmony, that is accurate, we had discussed the plea agreement again for lack of a better term.

G

With mr benford, mr ahman, about both cases, the intent would be to consolidate the two.

G

Cases um if that were accepted, okay, thank you. Thank you, so, ms miller, if, if we do not accept.

B

The agreed statement of facts and the plea agreement and and make a alternate suggestion.

B

You, of course, would have it at that time the right to withdraw the agreed statement of facts.

B

Do you unders, you understand that am I right about that. uh I was out there to counsel as well.

G

I I I see mr allman nodding, but yes, I do agree with you, mr barnhart. We, um although obviously a.

G

Lot of thought and time was put into the plea agreement, the four thousand dollars and and.

G

I'm happy to get into a little more specifics on that. But if this board is inclined to propose.

G

An alternate suggestion we are prepared today, uh you know to make an agreement on that. If that is.

G

uh How the board is inclined to act if this board is inclined to proceed towards a hearing um on.

G

The I guess on both but truly on the contested matter. um Then we would ask that you postpone that.

G

Hearing and we would prepare for that accordingly, thank you, okay! um Well, I'm prepared to uh to offer.

B

To the board and to counsel my thoughts on emotion that I would make uh and perhaps at that point.

B

Unless there's objection of any commissioner, it might be appropriate for you, ms kelly, to.

B

Either, confer with your client or or maybe you already have, the parameters of what you'll accept.

B

uh Or not, but at any rate before making a proper motion, uh I think it's appropriate that I just.

B

Let you know what I would make and so give me an opportunity to think about it and discuss it.

B

um Thank you with regard to the two cases yeah I do know, I consider them to be consolidated for.

B

The purposes of this hearing and for the purposes of the agreed statement of fact, I find um in the.

B

Agreed statement of fact that also in the lengthy report submitted by uh inspector benford, that.

B

There's evidence to support the violations in case 6265, which is illegal conduct and peace and safety.

B

Of the community and I think clearly, there's evidence to support the two sails to miners.

B

In case six, two five one so rather than make a formal motion I'll just let you know that I would.

B

At uh and then shortly propose that the licensee be fined a maximum for the four.

B

Violations which is two thousand dollars each, which is a total of eight thousand dollars.

B

And while I was at one time considering making a motion for a revocation, I have at least at this.

B

Point uh stepped back from that uh because of legal advice that we got about the consequences.

B

And I would instead, um though, I'm not making it now, but I would, uh after you, confer with your.

B

Client um add into my motion that the license be suspended for a period of 30 days.

B

Beginning december 20th extending 30 days there there for december 20 of 2020 going into 30 days.

B

Into january, which I don't have a calendar, but it might be january, 20th 2021., that's a motion.

B

That I would make- and I I feel that you know I had away from revocation which- which I think.

B

Could be justified, uh but perhaps not having listened to your um to the points that you made.

B

um I also think that maybe uh our inspector, our or this board could file additional.

B

Charges based on the uh complaints of the parents in mount eric, um I'd like to get a.

B

Little more research on that and maybe talk to council a little bit more on that. But I.

B

Think it's a possibility that that perhaps, if, uh if the licensee does does not accept.

B

What might be my future promotion uh and we do go to hearing that that might be the horizon.

B

So I I, uh unless anyone else wants to opine or or chime in or well mr barnhart, I think.

H

Commissioner, I think that's a that's a fair uh motion. If you do decide or we.

H

Do decide to make that motion. There are four uh violations here, in my opinion also.

H

um The two sailor miners in 6251 and then violation rule 763 and 6265 case um and I think.

H

The maximum of two thousand per violation is is adequate for this. uh For this instance.

H

Which would be the 8 000 and I think uh the 30 day suspension, uh probably luckily, he didn't get more.

H

Maybe in another county probably would have gotten more than that, um but the third day I.

H

Also think it's appropriate for this. uh For this action I mean you got to realize that.

H

These miners get alcohol, it affects them much differently than adults. It puts the.

H

Whole community, in in jeopardy, the safety of the community uh has to come in. In fact, um a parent's.

H

Home the home family association with with kids that have alcohol, it's something very serious and.

H

uh um Regardless of whether you're there, your establishment, all the time you're the licensee.

H

Holder, you need to make sure absolutely sure that that that's not happening in your facility.

H

There's plenty of establishments carroll county that don't ever have uh violations.

H

To see out of minors, how are they able to do it and carol liquors isn't um so I think the.

H

That motion is is certainly fair in this instance, uh commissioner barnhart.

A

I think that uh mr barnhart has made some very valid points.

A

In my estimation, this is very, very serious. The allegations that that have been made.

A

Irrespective or irregardless of any comments that can be made.

A

The licensee is responsible for the operation of that establishment here, regardless whether he's.

A

There a day a week, a day a month or a day a year, uh it seems to be a pattern here.

A

And I don't mind telling you my initial reaction after hearing the testimony a few minutes ago,.

A

Would be very much in line with commissioner barnhart when we talk about revocation.

A

So with those comments, uh I would offer uh you to uh consider that.

A

And discuss it with your client, if you so choose, thank you. I will absolutely take.

G

The opportunity to discuss it with my client, if that's all, right with this board. Yes, thank you.

A

A

Mr dixon, uh while she discusses it with her client.

A

uh Can we move on to the next case or do we simply wait kelly's representing the next case.

A

Well, perhaps mr benford can do a little song and dance while we're waiting.

A

There's one thing on the business agenda here: I think we probably can take up at this time.

A

This approval of minutes of the november 18th meeting, which everybody received uh is there.

A

Any corrections or additions to those minutes- I have not, they looked good to me, uh chairman.

H

Okay, uh dr benford, I assume this is just a point of interest. uh Moving down to new business, michael.

A

Steak and lobster house of hampstead has gone out of the business and turned in their license. That.

C

Is correct um because of curvat they lost business and they could not stay financially solvent.

I

Mr brawning, okay, I'm going to step away for a minute.

A

D

uh I guess we can discuss while she's away the two pieces of legislation has been.

A

Will be presented to the legislature, the first one about delivery services to continue.

A

Commissioners, do you have any specific comments.

A

In regards to that legislation, is that being continued after the state of emergency? Is.

H

Is gone, this will be a new state law for delivery and carryout. Yes,.

B

I did not see any benefit from it after the state of emergency. I think we should go back to status.

B

Quo in that regard, I agree with, I would agree with mr barnhart. I don't think that's needed.

H

I don't even know if they, if they did a lot of delivery service or not a couple places.

H

I talked to said they didn't do very much at all right, so would it be appropriate that.

A

This commission draft a letter to be sent to all of our delegates and senator uh stating our.

H

Yeah opinion think I agree so uh we'll we'll do that, and the second piece is something new here.

A

uh This has been thought about for for many years to sell beer and wine in grocery stores.

F

I had not for that. Yes, I had not gotten the exact wording for it, but this we have state law.

C

Allowing beer to be sold at grocery stores um don't have more much more information on it, but.

C

I know it's coming down the road. Okay, until we get the the legislation uh we'll hold that in advance.

A

And I see miss kelly is back, so we will revert back to cases uh 6251 and 6265.

A

Miss kelly, thank you. Thank you for um for providing us that time to talk about this.

G

We understand the severity of the situation and my client is certainly interested.

G

In working this out with to any extent possible, we are wondering if you would be.

G

Inclined to grant a some kind of, I guess again plea deal, accepting an 8, 000, fine and a 30-day.

G

Suspension starting from january 1st, and let me just just as background explain that.

G

This business, when it was transferred back in 2017 may of 2017, was taking a loss.

G

And so it has taken the owner several years to get this business back up to speed.

G

And to the point where it's actually truly, you know business again, so that's part of what went.

G

Into the thought, between behind the four thousand dollar flee agreement, so if you would be inclined.

G

uh We would appreciate you considering january first 30-day suspension to allow the owner the.

G

Opportunity to operate through the holidays and mainly I'll say to you just from my own experience.

G

That's not necessarily for the benefit of the profit through the holidays. That's for.

G

The benefit of customers, not learning that this establishment is closed and then not coming back.

G

So that's because of ramifications that it causes months beyond this, not just because.

G

um It results in lost patronage during that time. If you are inclined, we would ask you to consider.

G

Accepting the eight thousand dollar fine and a 30-day suspension beginning on january 1st.

G

So we would appreciate any comments that you might have on that.

A

Commissioner harmony, commissioner barnhart comments.

B

Well, um obviously, we deliberately chose um the dates of suspension.

B

To cover the holidays, um or I might be more appropriate to say, I chose it.

B

uh Because I think that the holidays are a time of profit and.

B

And I think the maximum fine of 8 000, perhaps is not enough.

B

And that would be an additional burden that the licensee would have to bear for these violations.

B

So that was that was a choice during the lucrative period I'm interested in hearing.

B

What the other commissioners had to say in that regard well, considering what this could have been.

H

And what we were discussing in the beginning about revocation um I. I still feel that this is a.

H

Very fair uh solution or uh penalty for for the seriousness of, what's going on.

H

uh Not only in the community but the lives of the miners that are getting this alcohol.

H

Especially in this time of cobit, when they have nothing else to do but sit him and drink so.

H

I would be in favor of keeping the the penalty the way we have designed it the way mr bernhardt.

H

Stated it that's certainly better than revocation, where we were going in the beginning. Mr harmony.

G

And mr barnhart be thank you for clarifying the thought process behind I mean. Obviously, I.

G

Understood that the thought was the holidays, but um now that you've explained it, I just consulted.

G

With my client and he understands, and uh and so we we would respectfully uh accept the eight thousand.

G

Dollar, fine and the 30-day suspension beginning on december. I believe you said 20th, mr bernhardt. Yes,.

B

And thank you miss miller, for.

B

The good representation that you provided, your client and also your presentation to the board.

B

uh At some point, mr chairman, I guess I could make the formal motion.

B

uh Or if there's any further discussion chairman uh you can direct, which way you want us to go.

A

I think, uh in my opinion, the motion to be proper at this time.

B

All right, thank you, mr chairman. I would move that.

B

In the two cases, before the board, at this time case, 6251 case 6265 in connection with carol.

B

Lickers that they be consolidated, that we accept the agreed statement of facts and that, based on.

B

The information in the file and the agreed statement of facts that we assess a fine.

B

uh In those two consolidated cases in the amount of eight thousand dollars, which is broken down as.

B

Two thousand dollars for each violation: there are four violations in the consolidated cases and we.

B

Further impose a sanction uh that the licensee uh the license be suspended for this licensee.

B

uh Beginning on january 20th, 2020 december 20th, I'm sorry december 20th 2020 extending for 30 days.

B

To whatever 30th day is uh in into january,.

B

I don't have a calendar in front of me, but I imagine it's maybe perhaps it's january 2021.

A

Is there a second to the motion? I second, that uh chairman.

A

Motions has been properly made and seconded that we find the defendant culpable and.

A

Issue: a fine of two thousand dollars for four occurrences as specified in cases 6251 and 6265.

A

And that the license be suspended, beginning on december, the 20th for a period of 30 days.

A

Any further discussion on emotion.

A

Hearing none all those in favor signify is saying: aye aye. I opposed no.

A

So ordered we find you culpable and issue a fine of eight thousand dollars and a suspension of.

A

Your license, beginning on september, beginning on december, the 20th 2020 for a period of 30 days.

A

You will have a period of 30 days in which to satisfy the fine upon receipt of the official.

A

Notice of the action of this board, however, the suspension will begin on december. The 20th.

A

2020 for 30 days. This concludes this case. Thank you all very much, one more thing that.

C

We definitely need to consider is what time we can't just say december 20. We got to put midnight.

C

6 a.m. We got to put time for the beginning and the end of the suspension.

A

How about commercial harmony? You made the motion. uh I think I'll make a notion that we.

H

We suspend from 12 o'clock uh on the 20th of december to.

H

30 days after that midnight 30 days after that,.

B

Is that 12 o'clock p.m high noon? No, that would be. Am I'm sorry, so we would be.

H

The first start of the 20th, which would be uh 12 o'clock, am to 30 days after that to 12 o'clock.

B

Okay, so I'm confused is it noon on the on this on december, 20th or midnight 1201 am am 1201, am.

H

Okay, is that agreeable, mr barnhart? Yes yeah. I would second that that motion.

A

I don't know we need emotion or not, but all those in favor of the most is.

A

There any discussion on the motion hearing none, those in favor signify is saying. Aye.

A

Opposed no so ordered 1201 am december. The 20th is the beginning of the 30-day suspension.

A

Any other questions hearing none, let's take a five minute break. I understand miss kelly. You were.

A

Representing the next case, yes, thank you very much.

A

So let's take a five-minute break, so she can switch chairs. Thank you.

A

Okay, we're back in session at this time. Mr dixon, please call case 6285.

C

All right case 6285 an application for the transfer of a class, a beer one and.

C

Liquor license to be issued to rohit patel from srihari inc to snp, westminster, llc.

C

Trading as quick, stop liquors, 332, 140 village, road westminster, maryland.

C

21157 in election district 7. in the follow this matter, we have the following documents:.

C

Notice, uh newspaper notice, the public hearing december 4th.

C

2020. newspaper notice november 27 2020.

C

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

C

Hanley health department looks like uh n slash. A this establishment does not meet the requirements.

C

Of this office see the attached memorandum andrew hanley, deputy director, the attached memorandum.

C

There is a comment memo from.

C

Michael zepp bureau chief code official with the box check the.

C

Above referenced, establishment does meet the requirements of this office.

C

Is november 18th letter from.

C

Connie schnook's revenue specialist to the board.

C

There's a november 17 2020 letter from joe vance to rohit patel.

C

There's a november 17 2020 memo from andrew r gray, comprehensive planner to.

C

Joe vance write the liquor license.

C

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

C

Agencies from robin keefer collections office with the box check the above.

C

Referenced establishment does meet the requirements of this office.

C

There's a november 10 2020 letter from joe vance to miss connie snooks.

C

There's november 10 2020 letter from kelly shaffer miller to the board.

C

And the application includes.

C

Workers, comp insurance operating agreement, financial information.

C

Sdat information asset purchase agreement. I would ask that the file be entered into evidence.

A

We'll accept that in evidence with that thought in mind, please call case 6285 and all those.

A

Who intend to testify in 6285? Please stand raise your hand and be sworn in by miss vance.

A

D

A

Spectre, benford can you uh she is frozen right now.

A

She she's frozen. Can she come to your mic.

I

Okay, I'm at charles. Do you swear or firm under the penalties of perjury, that the.

I

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

A

Thank you very much. You may be seated.

A

Miss kelly, I believe you are going to represent the case. You may proceed. Please.

A

Your mic is off kelly. Thank you very much, sorry about that kelly shaffer-miller here.

G

Today, on behalf of snp westminster llc, they are the contract purchasers of quick, stop.

G

Where I'm hoping that this isn't an easy transfer case for you, because what we have going on here.

G

Is that we are keeping the existing licensee um on the license, so the request- I guess really- is.

G

To remove ramachandra patel from the license and the light and ask that the license be in the name.

G

Of just rohit patel, um which it already is so I do have mr patel here to answer any questions.

G

I'm happy to go through testimony with him to the extent you would like to hear you know kind.

G

Of the normal testimony from him as a licensee again, I will just preliminarily state that the.

G

Business is being sold, but there's no changes to the business that are going to happen here.

G

There's, no, you know structural improvements. um The floor plan is not going to change, it will be an.

G

Assignment of an ex of the existing lease they're intending on keeping the existing employees.

G

They already have, you know the the same sort of training.

G

And requirements that they have in place now is what they intend to carry forward with, without.

G

Requiring employees to be tips and tamp, certified and and internal training, um they do have a store.

G

Policy that they do not accept vertical ids and that they also maintain that um so.

G

I, if you would like to hear from mr patel I am happy to I- have I'm fully prepared to ask.

G

Him um the normal questions that I would, if you so character here, commissioners, your thoughts.

B

um I uh I trust that ms miller has provided the commission of all the information we need in.

B

Our file- and I also since this is an existing licensee. I would leave it up to to ms miller.

B

uh If she wishes to put it onto the record, I I don't, I personally don't need needed. I think that.

B

He's a fit and proper person from uh everything I can gather, uh but that's uh that's just my thought.

A

Harmony, miss uh miller, who was the uh licensee prior to mr raheed.

G

um I do not know the answer to that off the top of my head, mr harmony, I can ask mr rohit if he.

G

If he's aware he's been the licensee for some years now, um but I can ask him if he knows.

G

Who was prior to him if you'd like okay, I was just wondering, and uh I see that they did have a.

H

uh They did have a sale of minor back in july 15th of this year. Yes, they did. He was licensing on that.

G

Yes, he was the licensee at the at that time and currently, until you know, hopefully this.

G

Approval happens today uh there are two licensees, uh so it's, mr rohit patel and.

G

Mr ramachandra patel are the licensees. Yes, they both were present and appeared at that hearing.

G

I did not represent them um at that hearing, but I have. I did speak with them about that.

H

Okay, ask if they have had made any changes in policies from that date to now.

G

Yes, would you like me to ask mr rohit yes formally, yes, he is. I know this is awkward, but forgive me.

G

Because my my camera in my office has got a little messed up the other day. um Sorry, this is like.

I

That's good yes, and did you appear in front.

G

Does that employee still work there yeah have you did you have some retraining of.

G

That, and actually it was okay, so it was the owner it was. It was ramachandra patel.

G

Who made the sale that day, mr harmoning? um If that answers the question? Okay, great. Thank you.

A

Miss kelly, could you have him state his name and address for the record? Please.

G

Yes, thank you, mr browning. This whole virtual thing really throws me off here. I apologize.

G

uh Mr patel, can you please state your name spell your name in your argument.

J

R-U-H-I-T e-a-e-e-l 3-18, following westminster, maryland 21157.

B

Thank you. Thank you. Thank you, uh miss miller, so I I think I understand, what's going on.

B

You're taking uh ramachandra off you're, changing the for use of you're changing the corporate.

B

Use entity right and then uh it looks like harshad kumar patel is a 95 percent owner and raheed patel.

B

Is the one percent owner with a 5 000 contribution and rohit is currently on.

B

The license now that's correct, mr barnhart um harshad kumar, who goes by harry, um is the other.

G

Individual um that makes up snp westminster llc and he has a relationship with mr rohit patel to.

G

The extent that mr patel agreed to stay on as the existing licensee okay. Thank you. Thank you.

A

Any further questions I have none. I have no further questions. Mr chairman,.

A

Motion would be in order. uh I'd make a motion. I make a motion that we approve the transfer.

H

Class, a beer wine liquor license to be issued to raheed patel from shuri hari incorporated to snp.

H

Westminster llc trading as quick, stop liquors 332, 140 village, road westminster, maryland.

H

Election district 7.- I second that notion, mr chairman motion has been properly made in second.

A

And that we approve the application, as stated, is there any further discussion on the motion.

A

Hearing none, those in favor signify is saying: aye, aye opposed no, so ordered. Congratulations.

A

Best wishes, we uh hope, not to see the applicant in here for anything other than routine business.

A

Congratulations and best wishes and miss kelly. Thank you for bearing with us. Thank you very much.

G

We appreciate it. We also hope to not see you for anything other than routine business.

G

Have a happy holidays if I do not see you before. Thank you. Thank you very much. Thank you.

A

At this time uh I would ask mr dixon if he would call case 6262.

A

And before he does that mr dixon, we kill these separately.

C

Yes, we'll do it separately, six, two six, two, please all right case: 6262 of class, a beer one.

C

And liquor license issued to rick estes for the use of sds and associates. Llc trading is piper's.

C

Wine and spirit barn, 4127 hanover pike, manchester maryland 21102 violation, hearing sail to a minor.

C

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

C

November 2020 letter from joe vance to rick estes.

C

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

C

Contest the alleged violations sign of september 10 2020. looks like our estes.

C

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

C

Here's the september 10 2020 letter from dough vance to rick estes.

C

There is a alcohol compliance violation sheet dated september 8, 2020 and completed by inspector.

C

K charles k.

C

There's a on the state's attorneys stationary uh buying out de leonardo notice, a violation.

C

For selling alcohol to persons under 21 and renee selby completed the forum.

C

There is a photograph of a volunteer outside the store with a.

C

I guess a 12-pack bottle of michelob ultra there's a vertical driver's license of a volunteer um that.

C

States the person is under 21 until 731 2021. I would ask that the bobby entered into evidence.

A

We'll accept that into evidence at this time.

A

We do not have uh anyone appearing.

A

On behalf of the licensee, mr chairman, we are in the process of trying larry cubs.

A

Okay at this time, I would ask those who are intend to testify in this case.

A

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

I

Do you swear or affirm under the penalties of perjury.

I

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

A

I do thank you very much at this time. Specter charles, I believe.

A

uh You're going to present the case on behalf of the commission. Yes, sir.

A

You may proceed.

K

Thank you good morning, officers victor gary from the uh carroll county liquor board.

K

1 9 8 20 20 at 505 hours in the pm I had an underage volunteer, enter.

K

Piper's lounge located at 4127 hanover pike to purchase alcohol. He went to the cold box.

K

And got a 12 pack of michelob ultra and took same to the front counter to pay for.

K

The volunteer was not asked for any form of id and the beer was sold to the volunteer.

K

The clerk was renee shelby selby. I spoke to miss selby, who is tip certified and she stated.

K

The volunteer looked like a previous customer. All paperwork was completed and signed.

K

And the volunteer was 20 years old on this date, I'd say I'll make a motion to.

K

Have the uh the two photographs entered into evidence and that's uh piper's finest fears.

K

Let me correct the location: the establishment is pipers.

K

Wine and spirits and that's that will be our case.

A

We'll accept that into evidence at this time who is going to present your side of the case.

A

Please state your name and address for the record. Please.

L

You can hear me correct: yes, I'm rick, estes, 4127, hanover pike, west uh manchester, maryland.

A

You heard the uh statement of charges. uh How do you respond.

L

Well, first off I I apologize for that and there's no excuse.

L

One for not parting um the individuals within the liquor store.

L

um Number one um and that's the first thing, because after you card them, you know make sure.

L

That they're right, but if you don't card them at all, then there's no preventing this from so.

A

If I recall uh just refresh my memory, uh I haven't been in your establishment for some time, but.

A

If I recall it's, it was difficult to come in the establishment not to be reminded.

A

That no sales would be made to anybody under 21.. I forget the.

A

Exact wording, and so on and so forth throughout the store is still decay.

L

Correct I have signs, I I have more signs now and posted very bright and all around the story.

L

More than previously, um but yes there, yes there's some signs that I have right at the counter right.

L

In front real large right as you walk in the door, that's the signs that come as you walk in the door.

L

And then we also have from you we card id um new ones, going on the front of each door.

L

You can enter through two doors there on there as well and right in front of the counter. I have the.

L

The little board that says you must be, as of this date, 1999 right in front of them.

L

As well as if you were to probably see the other picture, that has the two in front of the counters.

L

That picture has some starburst ones facing the uh the cashier that dictates here's the.

L

Date um there will be a starburst on top of that, but here's the date uh reminding them to.

L

To card on top of that, I I also have a scanner system that anything that comes into the store.

L

That you need to be over 21 for will pop up on the screen. That dictates uh you will you need.

L

To guard this individual because the product is necessary of an individual over 21 years of age,.

L

So I have all of those in place as well as paperwork everybody's assigned, that they.

L

Understand everything and our policies and that they will be coding, everyone.

F

Mr go ahead: um are those additional signs new to the establishment.

H

Or where have they been there, the entire time those signs are new? I've had I didn't even.

L

Show you the pictures of the existing sign that I had. That was hanging from the ceiling.

L

That was a big yellow sign. That said, uh we will card everybody under 21 and if you pass this point.

L

Because we also have a convenience store, that's in the front part of it that doesn't have alcohol.

L

That you can purchase once you pass a certain spot in our store. If there's a big, yellow sign. That's.

L

Above that, that also dictates that the only people that can be there is with the parents.

H

Is this establishment I'm trying to remember where, where piper's is, is this the one on.

H

Yes, yes, it's the fun to hanover pa before you get there. Yes, so you're not far from hanover.

H

I didn't see anything in your signs that says we do not accept vertical license. Do you accept.

H

Vertical license: we do not accept vertical licenses at all, even though you have no signs.

H

Saying that no, but I could make a sign that that does that I mean it's in our meetings and such but.

L

I did not um put a sign there that says that um I saw. I noticed that you had a you had it prior.

H

um And I think that was the hearing was 9 9 20., I'm. If I'm looking right. No, no! No! No! No.

L

That the one that we're talking about was the one before I had one after that. Yes,.

H

A hearing during both hearings are today.

L

Appearing supposed to be today.

H

I'm looking at I'm looking at an old one from april 10 2019. That was a hearing.

A

Previous owner, mr harmony, commissioner harmony, okay, that answers my question. Thank you.

G

That was for mr chenoweth yeah.

B

I have a question for mr estes. The big yellow sign uh did that come after the first violation or the.

B

Second violation uh in november, neither that first sign has been up there for the the whole year.

B

The big yellow sign that has stopped on it. No that's that one came at the second violation.

A

Any further questions.

B

uh I'm looking at a a carding policy document that you've provided us, along with um pictures of the.

B

Signs and so forth, it looks like this carding policy is something that you submit to every.

B

Employee that they sign and they acknowledge yes, sir and uh I was I was happy to see that.

B

You put in in this document that your employees must sign something that I would would like to.

B

See every licensee do is have their server or clerk sign a document stating they understand.

B

It's a crime to serve a minor. Absolutely it's not just a problem with the store owner. It's actually.

B

A problem with the state's attorney's office- and I I think earlier maybe last year we sent out.

B

uh An email regarding the the program that we uh implemented, uh an association with the state's.

B

Attorney's office, where um people who sell to underage are referred to the state's attorney's.

B

Office and there's a deferral program of some sort you're aware of that, aren't you.

D

Yes, okay. uh Does everyone who works in your store? Are they aware of that as well.

L

They are now okay. um Did you make them aware of it when you got that email from this board.

L

The first one: yes, when I got the people well, you got to remind you that um I don't have all.

L

The same employees that I had when that first came out whenever it came out, I just I just.

L

The store I've only been the owner of the store now um a year, a little over.

L

So the people who were here yes were made aware right. So this was your first compliance check.

B

That they that we're here for right now.

B

In september, yes, yes, okay, and um I would just encourage you to have every employee sign.

B

A simple form: it could be one sentence form that they understand that there is a possibility of a.

B

Criminal violation against them if they sell to a minor, which is what you have in your.

B

Carting policies, um I think it should be highlighted and perhaps maybe add that.

B

You may be referred to the state's attorney's office, just a thought.

B

Okay, I do appreciate that you've done this. Thank you. Yes, sir.

H

How many people work for you 10.? You have 10 people in there that are selling alcohol, then.

H

Have you had and other than the letter that you've designed, which is very good letter? um What's your.

H

In-House training, do you have an in-house training program yeah? Well, every time when somebody comes.

L

In we have personalized training um with myself and the manager um and they go through a two-week.

L

Process that we're going through um all of our pro all of our training from uh because they're, not.

L

Just cashiers that we have here um multiple things at stores where gas station convenience store and.

L

A liquor store all on, um so they do multiple facets of the business, so they get training.

L

Process that um how we're utilizing, how recording how we do everything on that side of the house.

L

And then they get the training and everything else, but the the first part of the training is.

L

The pos system that we have, how you're supposed to uh how you're supposed to handle customers, how.

L

You're supposed to card how the system works, so it's a it's about a two-week process um through.

L

Our training they're tan certified- uh I have everybody, but our new one of our newest employees.

L

Because we haven't been able to do that yet, but everybody else uh I believe, eight of our ten.

L

Eight of our ten are tm certified. Two of them are newer employees that we haven't had a chance to.

L

Be able to do that yet due to everything going on and how? How much do you work in that? In that.

H

Establishment a lot I mean, I'm um I'm there every day, yeah pretty much and prior to you buying this.

H

uh This business had, you have, have you had liquor stores in the past? No, I haven't. This is your first.

H

Liquor store, it is okay. When did you implement the um the scanner system? At your point of service.

L

um Well, I've had that in the system I've had the scanning system in there for this year. This.

L

This whole year, I had I remodeled the store when I bought the store and during the remodel.

L

Which did finish in february, I had the uh I added the the pos system, the technology.

B

Okay, so for this particular uh incident on uh september, 8th 2020 was the scanner system.

B

uh Available it was available, and that here was the one issue that I'm talking to them.

L

About how I can get around one of the problems that I had with it, because I was trying to I want.

L

To make this that you have to scan each one, here's the problem, some of the licenses and ids are valid.

L

That no longer can scan, or they have a problem scanning and won't go through.

L

So it has to have the ability to bypass it and I'm trying to get the pos system to allow me to.

L

If I bypass it right now, you can bypass it and just click. The button that says bypass and that's.

L

Just it doesn't completely work, except for me making the policy that you have to guard everybody.

L

So I'm I'm trying to find they're trying to find out if they can put in a birth date that.

L

If it's not scanning that at least makes them put their birth date in that at least shows that they.

L

Saw their card because there's a fault in it that that's that makes them have to the bypassing in a.

L

Way so there's a there's a, I guess: there's a [ __ ] in the armor from the po system. I have currently.

B

Right that would be pretty cumbersome if they had to enter a birth date. Every time they make.

B

A sale um I mean, I have the policy in place. That says you will card everyone and I make sure that.

L

All the customers know that you know that's why that sign is right in the front when they walk.

L

Out just because be prepared to have your card your license out. Basically, so we can do it, but.

L

I have to have some kind of fallback on that they they scan the item and once they scan that item.

L

It pops up on the screen, and it says you know this. This item is needs to be checked. Their id.

L

Needs to be checked, but there is a button like I said that you can push. That's that bypasses it.

L

And if they do that without you know me knowing that's I I don't get a chance to see that yeah.

L

So I'm trying to figure out through the pos a more of a fail-safe way to make it happen.

L

um Because we're I mean, obviously are strict on on on the carding process. Then.

B

Maybe one way would be a prompt where the clerk has to check off that they did check the id.

B

And the sale couldn't be made until they checked it instead of having to enter the uh that's just a.

B

Thought all right if the sulphur program can do it, I mean I, I asked them what they could come up with.

L

For me, I'm sure they had this problem or so I'm hoping to get that that ironed out here shortly.

H

So, mr scenes, that system you have, let me see if I get this correct, they they.

H

Cannot make a purchase without checking the id, except there is a button that they can press.

H

To bypass that, is that correct, that's correct! So when I plug in all the I took all 4 000 skus, I.

L

Have in this store and when I plug them in there's a button in there when I plug all them in that.

L

Says if what type of sale it is, if it's an alcohol sale, a convenient sale or what have you any button.

L

That's clicked on alcohol sale. It there's a button on there that clicks. That says this.

L

It must be an I check so that automatically pops up on the scanner that says check id for this item.

L

And that's but they scan the item once they scan the item. It gave them the price, but it said check.

L

This id, then they could put that bypass button at that point, but it's all it's. It was supposed to.

L

Be to remind them hey, you need to check this. You need to check the id because it pops up the screen.

L

But if you just keep pushing, if you just push the the button, then I don't, I don't know and.

L

It doesn't tell me who has bypassed it either, so I was just trying to figure out a better way.

H

What happened in this instance is that uh that notice came up on the on the register.

H

That said, check id, but they didn't even report. Is that correct? That's correct, okay,.

A

Any further discussion, uh one other question is: is renee selby still working for you. She is.

L

Okay, she was actually been here for seven years. That's her first violation! I better be here only.

B

And she was tip certified yes, okay and she's. Still she doesn't have to get. I checked on it.

L

She's still certified for another year and a half august of another year and a half so.

A

There's no further testimony. Testimony is closed. In this case.

A

Now we move to summation inspector charles, do you have any closing comments.

K

A

Mr estes, would you like to summarize or make any other comments? No, I I think I.

L

I'm pretty excited situation, to be honest with you. I I do want to let you know that the day before.

L

The one happened I I have meetings every month to go over with the um with my two ships.

L

I usually have a morning shift and an evening shift because we're open even earlier, because.

L

Of gas and stuff and um for each month- and I had a meeting right prior to that- you guys you know.

L

We're getting really busy and this season and all after things happen, but maybe you're doing all the.

L

Right things and you're everybody except and then this happened like not too far afterwards, very.

L

It was very upsetting to me, and I just I just you know I you know I apologize and I'm doing.

L

Everything I can to make sure that they're doing what they're supposed to be doing and.

L

And checking these ideas, I mean it's, they give the children as well. You know so I I unders.

H

Mrs, if I could make just one recommendation that might help your situation is that if maybe, if.

H

You offered an incentive like an employee, gets fifty dollars if they, if they find us.

H

uh Or catch a sale or miner trying to come through that might be incentivize.

H

Them to, uh instead of pressing that uh bypass button, to make sure that they check everyone.

L

Okay, that's way worth it to me I'll tell you that.

A

With that said, we will now move into the discussion shade discussion, phase of the case.

A

Commissioners, you've heard testimony.

A

Further comments, motions or what.

B

Mr chairman, I would note that this was uh unfortunately the first compliance check.

B

For this licensee- and it was a failure- oh I'm sorry can I can I interject there.

L

Sure, I'm sorry, that's not my first compliance check. My first fail. Yeah, I'm sorry you're right.

B

That's what I meant to say your first failure. Okay, however,.

B

You are piper's wine and spirit barn right. Yes, sir.

B

Okay on my flow sheet, I don't have any prior compliance checks.

B

um How many times have you passed a compliance check? I'd have to look in the file, but.

L

I just have one in the mail that I passed and I believe there was at least two prior.

L

um Since I've had that we've yeah and we had a- I guess- a recheck last week- that I just got no way.

D

Yes, I know you're you're, somebody is prompting you so in the next case. I want to.

A

Identify whoever that person is, but testimony in this case is closed. Okay yeah she swore in when.

L

I swore it's. My manager, julie, who's, been here 26 years, so yeah reese, where her and if you like her.

L

She was getting you've heard all the testimony now we're in the discussion phase for penalties. Yes,.

I

Okay, well, anyway, uh going back to my discussion of the penalties, I am pleased to see that you made.

B

Some changes it looks like I especially like, as I mentioned earlier, your carding policy, which you.

B

Require employees to sign, I think that's that's a good idea. I would I encourage you to enhance.

B

uh Embold uh in the language, the fact that they can be personally charged with a crime.

B

If they sell alcohol to a minor, I think a lot of uh problems that we're having with underage.

B

Sales is that the clerk or the server is not fully aware that they may get sent over to.

B

The state's attorney's office, because it's a crime in maryland, so that's a suggestion.

B

Unless they're now so this would be the first first violation for this licensee and.

B

You know I would be prepared to make a motion, but I would certainly uh listen to.

B

Any further comments from our discussion from the other commissioners.

H

Well, I think, there's a couple you could do that could help you.

H

Mr sk's one is, I would definitely put up signs, no vertical license um to discourage anybody from.

H

Even coming in there with vertical license you're so close to hanover pa and they can.

H

They can maintain their license vertically much longer uh than they can in maryland.

H

And the second thing is: maybe initiate a incentive program. I think those two things would help you.

H

um You're kind of behind the eight ball, because this is the first time you've ever.

H

Owned a liquor store, so I think what you're doing I think is great and you are taking. It seems like.

H

You're taking it serious to me with the ins with the policies that you have behind you and.

H

uh Especially with the letter that you make your employees uh sign and- and I do agree.

H

With uh commissioner barnhart that you should uh add in there that it's a could be a federal.

H

Offense to them or is a federal offense to them, um but I think you are trying trying uh with your.

H

Limited experience owning a liquor store, I think you're trying to prevent any sale or monitors.

A

A motion would be in order. Please. Yes, sir, um mr chairman, I move that we in case six, two six.

B

Two that we find the licensee uh rick st culpable for sale to a minor uh and that we assess a fine.

B

In the amount of three hundred dollars, is there a second to the motion? I would second that chairman.

A

Motion's been properly made and, second, that we find the licensee culpable in case six. Two six two.

A

And issue a fine of three hundred dollars, you've heard the demotion. Is there any further discussion.

A

Any those in favor of the motion signified by saying aye aye opposed no so ordered. Mr.

A

Estes, we find you culpable and issue a fine of 300 in the case, 6262 of which.

A

You will have 30 days in which to satisfy the fine upon written notice of this action.

A

Therefore that concludes 6262.. Now, mr dixon, would you call 6288 please.

C

Okay case 6288, a class, a beer one and liquor license issued to rick estes for the use of.

C

Fds and associates llc trading is piper's wine and spirit born 41 27, hanover pike, manchester maryland.

C

21102 violation hearing sailed to a minor in the file this matter we have the following documents:.

C

Carding policies, a sample and three signs of photos of signs in the store.

C

There is a notice of intention to defend with the box checked. I do not intend to.

C

Contest the alleged violation signed december, 2nd 2020, looks like uh r estes.

C

um Acknowledged receipt of a letter dated september 1st 2020, delivered by hand on december.

C

2Nd 2020 received by our estes is a december 1st 2020 letter from joe vance to rick estes.

C

And there is a alcohol compliance violation sheet dated november 30th, 2020 and completed and signed.

C

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

C

State's attorney's letterhead bryant l d, leonardo for samantha lynn, alicia.

C

There is a vertical driver's license um that indicates. The volunteer was, is under 21 until.

C

731 2021 there's a photograph of the volunteer outside the store with a coors light, a 12-pack of.

C

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

A

At this time, I would ask all of those who intend to testify.

A

In this case, please stand raise your right hand and be sworn in by ms vance.

I

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

I

To give is the truth, the whole truth and nothing, but the truth. I do thank you. Baby.

A

Seated specter charles, are you going to present this case on behalf of the commission? uh Yes, sir,.

A

You may proceed. Thank you again good afternoon uh inspector.

K

Charles carey, carroll county liquor board on 11 30 20 20 at 4, 20 p.m.

K

I sent an underage volunteer back in the piper's wine. Spirits bar located at 4127 had over pike.

K

I had to purchase an alcoholic beverage. The volunteer went to the cold box.

K

And obtained a 12 12-pack of coors light. He took this to the seller, miss samantha, alisi.

K

Who did not ask for any form of id and completed the sale.

K

I entered the store and interviewed the seller, miss alisi, who stated she did not.

K

Ask the volunteer, who was 20 years old for any form of id? She could not provide a reason. Other.

K

Than he looked old enough to make the purchase, all paperwork was completed and signed for.

K

I'd also like to make a motion to submit our two photographs into evidence.

A

We'll accept that into evidence.

A

A

Comments as to what occurred and why it occurred, please, on your behalf, you know.

L

Again, there's there's still no excuse for that. I mean there was not even a.

L

It wasn't even asked for the card that they could even make a mistake on reading or what have you.

L

Her only excuse was that he looked older, he had a beard and a receding. Hairline.

L

um He still, regardless the policies that occurred, everybody and.

L

There's no excuse for it, I mean just as I told you before, and that that was when.

L

I had the meeting that day on the shift before it happened, so I don't have an excuse for that.

A

Commissioners questions comments, mr estes, uh when this second occurrence happened, uh you were aware.

B

Of the first violation, correct, yes, sir, and was your uh clerk samantha alessi aware of the first.

B

Violation uh that came a couple of months earlier, she was did she still work for you? She does.

L

She just she just finished her. She finished her class this week. I mean that the violation just.

L

Happened not too long ago. She just finished her just last week right she wasn't trained.

B

In alcohol management then correct, were you on the premises at the time of the second violation.

L

I was, I was not out front, I was I was in the back office. Okay. Well, I guess you can appreciate that.

B

This is a bad look for uh piper's wine and spirit barn. To have a follow-up inspection be failed.

B

After you're put on notice that these things are happening, uh yes, sir, I realize that.

L

We did pass a follow-up one after that also, but.

L

But uh it got a lot more stringent. From that I mean, as you saw, I added the policy of filling.

L

Out the paper making so the crystal clear that they're aware that this is a criminal offense.

L

I made sure that they know all the you know and all the reasons behind it and says you know this.

L

Is not just part of somebody, you got your people out there, who's going to be getting alcohol and.

L

And also with what's going on days, they could be do some harm to somebody else themselves.

L

There's all kinds of other things that are lying that are underlying from serving a minor.

L

Not the fact that it's just rule you know, there's there's a lot more. That goes in.

L

Involved in that so we've had I had meeting. I had individual meetings with everybody.

L

In reference to not just a group meeting, so I can make it crystal clear uh how important this is.

B

And you said you had a follow-up uh compliance check that you passed after the november 30th.

L

I received the letter in the mail that said that, yes and what was the date of.

B

That that was pretty recent, then that was real. Recent that was hold on. I have it here.

H

It seems to me, like your employees, are not following your policies: they're pressing the.

H

uh Bypass button all the time, so why would they do that? Did you explain to them when that that.

H

Comes up on the on the register, the check id that that's what! Indeed, what they're supposed to do.

H

Absolutely and both these employees are still working for you. Yes, the first employee has.

L

Been with us for seven years and never had that problem, we had never issued.

L

I had never had any of those issues, none of those problems, nothing, I mean it's one of my.

L

One of my best employees on a regular basis, so it really befuddled me that daddy happened.

L

To to begin with, and to be honest, it's kind of, if I put it this way, I can come take somebody from.

L

A retail establishment- and I could just fire them right away- they can go someplace else and.

L

Do it again or we can coach them and teach them what's how the proper way to do things.

L

And to make sure that they take the class that they were offered to take.

L

And to to make it better in in the future, so that's, but keeping that in mind I can't.

L

Let that keep happening so you know they need to know that this is a. This is a fence that.

L

Will lose you your job, also on top of being able to have a criminal offense and go to court and do.

L

All those other things that you don't want to have happen, so that's kind of the thought process there.

L

I think that you know we can make it better and let them learn from this here and make.

L

Sure that it doesn't happen again opposed to just firing them, they don't take to do what they they.

L

Do something someplace else, so is your policy now that everyone must be dams or tip certified.

L

Yes, uh but currently like I said, I have two that are not, um but it's a little tougher to schedule.

H

Tell me I want you to tell me, tell me: what's the easiest way to tell if someone is under age.

L

By checking their id, what do you mean by tell by visually? What do you look for on that idea to.

H

Present you with an id. What do you look for? Well, you have the hologram that that you have on on the.

L

Id you have their I'm, not of course you're looking for their their date of birth. um That's them.

L

Not number one you're looking to see it's not vertical, you know you tell that right away.

L

Okay, if you never heard you never get caught right, correct! Okay, do you also have uh the rules.

H

And regulation book from the carroll county liquor board, we do the blue, the blue one. Yes,.

H

Yes, okay, so we do have an updated copy. If you would like to pick that up. Okay, absolutely.

B

I think that book is yellow. Is that what we're talking about the yellow book.

L

It was blue, we have the blue one. The latest edition is yellow okay,.

B

um uh Mr, I have a question you had mentioned that um mr shelby was with you for seven years.

B

uh But I don't understand you just uh acquired that well here at the store for seven years, like.

L

My manager's been here 26 years, um not from what I'm saying for the business in the store.

L

Mr channel, with an associate she's, been here seven total years: okay. Okay, thank you for that.

L

And I'm sorry 27 yeah 26 years yeah, it's okay.

A

Mr estes, who would have been working in your store this past saturday, say around noon.

F

It would have been us three uh it'd, be myself.

L

Renee selby um julie, parkins who's, the manager and probably, I think, joanne.

L

Mary, maybe mary, I can look at the schedule. I just it's right over the other side of the room.

A

The only reason I ask you that question based upon all of the comments that you made previously.

A

I can tell you a friend of mine happened to stop by your establishment, who is a regular customer who is 53 years old.

A

And was asked to show her id before she went any further.

A

So somebody is doing what they're supposed to be.

L

Good. Thank you for that.

B

I have no further questions. Mr chairman.

A

Mr harmony, you have any further questions. I have no further questions.

A

Evidence has been presented is uh now closed and we will hear summaries.

A

Inspector kerry, do you have any closing remarks? Oh no, sir.

A

Mr estes, do you have any closing comments? Yes, sir hearing none testimony is now closed and.

A

The commission will discuss the merits of the case as presented and make our decisions.

B

uh I would go ahead and uh not have to reiterate what I said in the first case.

B

About the things that I like, that, mr esses has done uh in this case.

B

It's it's very concerning that this was a follow-up compliance check uh that was failed.

B

um About a month after the the prior or two months after the prior failure.

B

Anyway, uh that doesn't happen very often, uh at least since I've been on the board, uh we're.

B

Starting to see it today uh in several cases, but I'm not sure I've seen it very often before today.

B

And, of course, why it's bothersome is that store is now on notice that they're being checked they.

B

Failed and that they should be extra vigilant, uh even though they should have been to begin with.

B

Now they should be extra vigilant, uber vigilant and they weren't, um and now that is concerning.

B

To me, uh so this will be the second violation in just a matter of of months for this licensee.

H

Commissioner barnard, I agree with you. I think the significance here is.

H

Wasn't much done policy-wise between the first and the second.

H

Or the seriousness to have a second one, just a couple months after the first, I think that's.

H

An important fact- and uh we don't see that a lot- I agree with you so with all that taken.

H

Into account, I would uh make a motion if the chairman agrees with that. Yes, sir, please proceed.

A

Well, I would uh the thing that really bothers me is the is the follow-up positive, the follow-up.

H

Failure that that happened in this store, uh even with everything that is present the identification.

H

The employees aren't aren't following the policies- maybe it wasn't stressed enough by mr estes.

H

How important it is for them to do that? Maybe they know there's no threat to losing their job.

H

If a mistake is done, I'm not sure, but with all that said, I find him a mistress he's culpable.

H

Of sale to minor on the second second time, and I make a motion to find him, my 800.

A

Is there a second motion? I would second that motion, mr chairman.

A

Motion has been properly made and seconded that we find the.

A

Licensee culpable and assess a fine of eight hundred dollars.

A

A proper second has made. Is there any further discussion on the motion? No sir,.

A

All those in favor of the motion signified as saying aye. Aye opposed no so ordered.

A

Mr essex, we find you culpable and assess a fine under case 6288 of dollars.

A

Of which you will have thirty days upon written notice of this decision to satisfy the fine.

A

Are there any further questions? Yes, sir, if not, I know that uh your store has.

A

Been pestered with signs quite prominently, the bad problem is.

A

It seems as though the request for ids was rather lacks by seasoned employees.

A

And I know that you've taken steps to.

A

Improve upon that in the future, but, however, the results of this commission stands. We wish you the.

A

Best of luck and hope we do not see you here again in this same situation, I hope the same.

A

This concludes case 6288. The next schedule on my list says lunch break.

A

So we will adjourn until two o'clock.

A