St. Mary's County, MD Alcohol Beverage Board for St. Mary's County, 12 Aug 2021

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From YouTube: 8/12/21 Alcohol Beverage Board for St. Mary's County

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A

Good afternoon everybody welcome to the alcohol beverage board of st mary's county august 12.

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2021 meeting we are prepared as we prepared to open. The meeting here are some of the guidelines.

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Public meetings are now open to the public. This public hearing is being televised, live on tv.

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County government not channel 95 and the county's youtube channel, it will remain available on demand.

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Viewing on the st mary's county government youtube channel, okay, roll call. My name is.

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David willenborg and I'm the chairman to my right. We have leonard cole member to my left member.

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Richard watts and at the end is member barbara hill. In the audience we have.

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Tammy hildebrand our administrator chris beaver, our attorney susie dean of recording secretary.

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Kevin hall, our inspector and sergeant steve myers, who is our alcohol enforcement coordinator.

A

Officer, okay, approval agenda is the first thing. Do we have a motion to approve the agenda? I.

B

Make a motion we approve the agenda. Barbara hill makes a motion to approve the agenda. Oh.

A

Second motion: we have a second for member um cole discussion all in favor aye unanimous. Thank you.

A

Next is to prove the minutes from the uh july. 8Th 2021 meeting. Has everybody.

A

Had a chance to review them, yes, do I have a motion to approve the minutes as written.

C

I can make a motion to prove the minutes is written for july, 8th 2021., so we have a motion.

A

To approve the minutes as written for july, 8th 2021., do I have a second I'll. Second, that motion.

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Member call seconds to motion discussion all in favor aye aye unanimous passes. Thank you.

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New business violations, so the first is uh lin soo on behalf of lang, zoo, sale of alcoholic beverage.

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To a person under the age of 21, in violation of section 6, 304 of the alcoholic beverage.

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Article of the anti-coded code of maryland and section 5.04, j of the rules and regulations of.

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This alcohol beverage board of saint mary's county good mor good afternoon.

D

Please swear her in yeah. Would you please rise? Please swear you in. Do you hereby declare an.

D

Affirm under the penalties of perjury that the testimony you are about to give will be the truth.

D

And nothing but the truth. True, yes, please state your name and uh home address for the record.

E

My name ning l-I-n-x-u um hs-156 without fully circle. Essence melon, two one, two, two one thank you.

A

F

Okay, okay, thank you.

G

Chairman, I do have a letter from her brother who is the owner langzoo. Yes,.

G

Would you like to see this? Yes, please.

H

F

So, mr chairman, I've reviewed the letter that you're reviewing right now from mr lang, zoo.

F

Who's, the licensee yes, sir, and um she he has given durable power of attorney to his sister.

F

Miss linzu to represent the licensee at this hearing. Okay, thank you.

A

A

Lin zoo, do you, do you admit that this violation took place.

A

Or not, what do you mean he's asking he's asking um whether you.

F

Can test the charge or whether you admit to it, did it happen or did it yeah? It did happen. Okay,.

E

So sorry, very sorry, I sell the under 21. um two fireball manage for the one person.

A

A

A

So, um mr beaver, do you want to read the um the facts into the record? Yes, mr chairman,.

F

As the um as ms linzu is pleading not guilty, along with the licensee, we'll enter the.

F

A statement for of facts into the record on may 29 2021 at 11 37 a.m: st mary's county sheriff's.

F

Office alcohol enforcement unit sent in a sheriff's office, cadet 19 years of age.

F

Into a and b liquors located at 28260, three notch road in mechanicsville, maryland, 20659.

F

Once inside the cadet approached the register area and requested two 50 milliliter bottles.

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Of fireball cinnamon whiskey from the clerk later identified as miss lin zoo.

F

Mizzou retrieved and the requested alcoholic beverages and placed them on the counter and.

F

Proceeded with the sale misu failed to ask the cadet for any identification for proof of age.

F

The cadet completed the purchase of the alcoholic beverages and exited the licensed premise with the.

F

Alcoholic beverages, the cadet thereafter reported to corporal john kirchner, a member of the alcohol.

F

Enforcement unit outside the licensed premise, um the cadet described the sale of the alcoholic.

F

Beverages to corporal kirchner and thereafter corporal kirkner and sergeant meyers, the.

F

Saint mary's county alcohol enforcement officer entered the license premise identified themselves.

F

And informed sue that she had sold alcoholic beverages to an underage sheriff's office, cadet.

F

Without asking for any identification, mr expressed to the officer regret for making the sale.

F

But could not provide an explanation for why she did not ask for identification.

F

Photographs of the alcoholic beverages were taken by members of the alcohol enforcement unit.

F

The beverages were poured out and the bottles disposed of the alcohol beverage board of saint.

F

Mary's county was notified of this incident by the sheriff's office. The alcoholic beverage board.

F

Of saint mary's county issued summonses to the license holder, mr lang, zhu and the clerk mrs linzu.

F

Mrs linzu uh miss linzu was granted a durable power of attorney by mr zoo, mr langzoo, to appear.

F

On behalf of the licensee and all these all this occurred in saint mary's county maryland,.

A

Okay, so we have we, we have a a mission that it that took place.

A

Does anybody in the board have any questions? uh Yes, mr chairman,.

C

uh Does this licensee had any other prior violations.

G

Nothing in the last three years, nothing in the last three years.

A

um Ma'am, how long have you been working at the um at the package store um 10 years.

A

How about how long 10 years I never sell 10 10 10 years? Okay, thank you.

A

Was there anything that took place that caused you to make a mistake? Yeah, I chill all the.

E

Time because I just got the kelowna 19 is I got a shot. It's a fever. I close the one day.

E

After one day I my now sale is very slow. I cannot close again this. I continue. Okay,.

A

So you so you were you're ill from after getting a shot, yeah, okay, but I know this is another reason.

E

To talk about the sailed under 21. yeah, that's a serious violation, man solely, but then right now.

E

I do the I put the sign on the wall.

E

My english is not too good; my chinese is non-existent, so my apologies.

A

She's showing us photographs of the um the requests for people to be id'd.

A

Any other members have any questions while.

I

A

So we'll go ahead and proceed with the next part, because this isn't going to change the.

A

The next part of the process, so um this time I need a motion from somebody.

A

From the board to say that this offense had took place- or it did not.

A

She's already admitted that it's taken she's already admitted it. So it's just a matter of.

F

Whether the board would wish to pose a penalty or not okay, and if so, okay penalty phase, one.

C

I'm thinking um the administrator is pointing out to me that just to make.

F

Sure that you're aware that it's there are two different charges. There's one.

F

For the licensee for the store and one for the clerk, yes, correct, okay, we're right now we're.

C

Yes, okay, I wasn't aware of that. I was not aware of that. There was two different okay. Yes right, there.

F

There are separate violations, one for the licensee um and then one for the clerk. So the clerk.

F

Selling to an individual under 21 violates um violates section 28.

F

2802 b of the code, which pertains to saint mary's county, so there's.

F

There are two different violations right now we're doing the business the owner.

F

And the zoo is appearing for on behalf of both the licensee and as the clerk who sold okay so.

C

Are we going to need to make two separate motions, then could do two different two different deals.

A

We're going to have to go through the process and finish with the owner and the penalty phase.

A

And then we will move into the employee phase right correct. That's that sounds fine with me like.

F

That that's what we've done in the past um is, if I can ask another question before we make a motion.

C

um So I understand the licensee is completed. Rasp training as the um the licensee has completed.

G

Rest yes, and has miss lin uh zoo, completed his mission, training rast in the past as well. Yes,.

C

Do we know how long ago, oh not off the top of my head, I'm sorry, it's been a while it's.

G

Been a few years, but there's nothing wrong with having them retake it retake as part.

A

Of the as part of the penalty and and that's what I'm struggling with you know is I mean.

C

I mean it's, it's a serious violation. um You know we can't, we can't be having it. So I you know this.

C

Is where I'm struggling is? Yes, there needs to be some some sort of penalty, but to what level.

C

um You know personally I'd like to to grant some leniency a little bit right, but so that's that's.

C

Where I'm struggling right now well, I haven't made the motion yet because there's also the response.

A

There's also the respect to the the law enforcement who go out and do the job. Yes,.

A

And, and you know, is a penalty sufficient to try to prevent it from happening again agreed and it.

A

Sets presidents for others for others yeah, uh mr v beavers. Yes, I'd I'd like you to remind the uh the.

D

Board? What the what the penalties on this could be um so so that everyone's aware of that place. Sure.

F

So there are various options: the board has a right to revoke or suspend the license. They.

F

Have a right to fine the licensee not to exceed one thousand dollars. You can revoke or suspend.

F

And fine, which is both and then with regard to the employee. I'll, just give you that, since we're not.

F

Doing the employee right now, but for the employee you can um you can assess a fine not to exceed 500.

D

Thank you, you're welcome.

C

A

So I went I was about to make a motion, but let me go right ahead. I said um I guess.

C

I'd like to make a motion for.

C

Given the violation of 5.04 j, the rules and regulations of alcohol beverage board saint.

C

Mary's county, the a and b liquors should be fined 500 dollars uh with 250 dollars held in advance.

C

For three years, uh pending no further further violations, uh fine should be payable in ten days.

C

uh Where the license will be suspended until paid.

A

Okay, we have a motion and.

A

That motion was to.

A

Have a 500 fine suspended 250 of it um payable within 10 days of the.

A

Of the verdict actually start day, one actually starts tomorrow, friday, yes, correct.

A

Payable in 10 business days and the articles that were being violated were.

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A violation of sale, alcoholic beverages to a person under age of 21, in violation of section 6,.

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304 of the alcoholic beverage article of the anti-coded code of maryland and 5.

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Section j of the rules and regulations of alcohol board of saint mary's county.

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Mr beaver, you need a second, we need. Oh yes, sir, do we have a second.

A

I was second that we have a second all in favor, aye, aye,.

A

Votes, it was unanimous.

A

A

So next um you're already sworn in okay, okay next is for the employee.

A

Lynn, zoo the above individual lynn, zoo, was an employee of the license, holder and sold.

A

Or provided alcohol beverages to an individual under age of 21 years, in violation of section 28.

A

Dash 2802 b, the alcoholic beverage article of the anti-coded code of maryland.

A

um Linzu, do you agree that this took place or not yes, okay, good to speak.

E

Yeah, yes, thank you. Thank you, mr beaver. Yes, mr chairman I'll recite the facts once again,.

F

On may 29 2021 11 37 a.m: st mary's county sheriff's office alcohol enforcement unit sent.

F

A sheriff's cadet age 19 into a b liquors located at 282603 notch road mechanicsville, maryland 20659.

F

Once inside the debt approached the register area and requested two bottles of 50 milliliter bottles,.

F

Of fireball cinnamon whiskey from the clerk identified as miss lin zoo, miss lin, zoo, retrieved,.

F

The request of alcoholic beverages and placed them on the counter and proceeded with the sale, mizzou.

F

Failed to ask the cadet for identification of proof of age, the cadet completed the purchase of.

F

The alcoholic beverages and exited the licensed premises um with the alcoholic beverages and.

F

All these all these uh occurred within st mary's county maryland. We can leave it at that. Thank you.

A

Members, do you have any questions.

A

Okay, very good, um so um next we'll move to the penalty phase. um Do we have a motion.

A

We're uh well first, let's go back and yes.

A

We have it, we already have a guilty um mission, so um we'll go to go to.

A

The penalty phase: now I'm sorry, do we have a motion yeah? I can I'll make a motion.

C

That lin zoo, uh in violation of.

C

28-2802 b of the alcohol beverage article in the annotated code in maryland.

C

That should be required to take uh remedial rasp training um for familiarity with those sections.

C

Okay, do I need it, uh mr beaver, do I need to put a timeline? I would imagine you put a time frame required time frame.

C

I would say that they could.

C

Again, I don't want to be overly burdensome on their business with the owner out of country, so.

C

uh Let's say that needs to be completed within 60 days: you're talking the rest.

G

Right now, we've just gone to pandemic two in the county. I'm not sure that would be.

G

Possible: okay: we do have a running list of those who are required to take okay.

C

Is there are there any other remedial? I believe training miss zoo. We just got that she took.

G

A tips course again recently: okay, since this offense happened. Yes, okay,.

C

Okay, the tips do you, does she have it.

C

I may amend my motion, mr chairman,.

F

I

I

C

So let me amend my motion, mr chairman, um uh so I'll make a motion that uh lenzu, in violation of.

C

uh uh Code, 28 tech, 2802 b, the alcohol beverage article and of the annotated code of maryland.

C

In violation of that code for selling to an individual under 21 years of age,.

C

Complete the tips training which has already been completed.

C

And that would be the summation of that penalty, citing no further issues.

A

So we have a motion.

A

That lens zoo, uh okay, based okay, I moved based on the facts presented in testimony heard.

A

That x y up, I'm sorry um that the lynn zoo violated.

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Section 28 2802 of the alcoholic beverage board on the article and the anti-coded code of maryland by.

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Selling alcohol to a minor under 21 years of age.

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And that the penalty will be the already performed tips, training.

A

Do we have a second motion for that I'll? Second, that motion? Okay, we have a second.

A

Discussion, I will start off discussion by saying that we haven't done.

A

Too many of these situations, where the um employee was in the penalty box for the.

A

Actual act, normally, it was just before it was the the owner, but since we have been doing it.

A

There's always been, I believe, there's always been a cash penalty. That's been levied against them.

A

And so that's the president's of the past of of how we've dealt with it now against the employer.

C

Normally employee, normally the employer would would would.

A

And and both would yes, you know: there's been circumstances where we've been leaning, it.

A

Where maybe this employee's only a week old, I mean a week there and then you can say well the.

A

Training wasn't insufficient or something you know, then more responsibility should be put on.

A

On the employer than the employee, but in this case she's been an employee for 10 years.

A

And she made a mistake, but um I think there has to be some sort of cash penalty that should be.

A

Associated with it, instead of just tips, training and can the raspy is there a way.

A

That we could do ras once it becomes available. Is there a method that you contact, bringing this.

G

Up I just wanted to um and chris correct me if I'm wrong, but I don't think the statute.

G

Gives the board the ability or the rules and regs for an employee to for the board.

G

To impose training on employee, I think the only thing you have an option to do is fine.

F

Right the fine not to exceed 500 it doesn't it doesn't reference in the statute.

F

um A penalty of seeking or advocating to go for training now, there's nothing stopping an employer.

G

Or an employee from signing up correct and that and her having done so is a is a positive thing.

A

Take a responsibility for some reason. I thought I remember seeing that in our rules and regs, but.

G

Mr beaver's, our expert and I'm sorry, I didn't remember.

G

That until we started until you brought up yeah.

A

Okay, so we haven't done very many employees, a while.

C

C

My hesitancy on on on imposing a monetary penalty to miss liu is.

C

Yeah I mean it was a mistake. She admitted it. Hopefully just you know, we find the employer.

C

Hopefully, her presence here is certainly disruptive enough to make her think twice.

C

And you know, but given some extenuating circumstances with.

C

uh The owner being out of country everything- that's happened with this pandemic, causing.

C

Financial strain on these businesses, um I'm, like I said, I'm I I want to be.

C

Firm consistent, but also lenient, when able um so that's that's my hesitancy or reluctancy to.

C

um To impose a financial penalty on the individual in this case it wasn't necessarily blatant first.

C

Violation, at least in three years we've talked about um again, I think probably sitting here in.

C

Front of uh in front of everybody here is in of itself probably a little bit of a penalty and.

C

Of itself so sorry withdrawing the motion. I guess that's the question so then I'll draw with draw my.

C

Emotion, if we are not able to do training, uh then, uh which I apologize for some reason, I thought I.

C

Read that was it's not within it's just not within the purview of the statute. No worries. No, it's my.

C

Misunderstanding of our of our guidelines, um then again I will. I will withdraw that motion.

C

I'm trying to think of what the next motion would be: how to do that. How to word that.

A

Okay, the motion's withdrawn; yes, okay, so.

A

Mr cole, do you have a motion? Anybody else, any more discussion.

D

I I agree, I agree with mr watts in the fact that we've got two extenuating circumstances here.

D

One of the fact of the owner is out of country. I'm I'm suspecting that he can't get back in.

D

Right now in regards to pandemic, I don't know that for a fact, but with the pandemic.

D

Resurrecting its ugly head again, I think it's placed a strain on on all businesses um and.

D

So while while I do believe that there should be some sort of.

D

Monetary restitution or fine here for the uh for the actions. I think it should be uh minimal.

D

Of a minimal amount, that's that's my thoughts on everything.

A

B

Kind of agree with mr watts, okay, I think she's, I think they're being punished enough.

B

With the I don't know whether you can put a restriction on it like a time frame if it.

B

Were to happen again or there is they're they're they're, you could, I believe, sit there and suspend.

A

The entire fine for up to the three year period and at that time, if another infraction happens,.

A

Then they would get the full penalty plus the addition of whatever is given out the next time.

A

I myself would I I don't believe that somebody comes before us and makes a mistake. um I believe.

A

There has to be some penalty, um I said, there's there's the there needs to be something and, and.

A

The fact that ras can't be given out or nothing else, it has to be some sort of monetary. I think.

A

It should be something like a hundred dollars. I mean five hundred dollars, 400 of it withheld.

A

For the you know and suspended for three years, everybody makes mistakes and that's the problem.

A

With this, when everybody's going to come before, you they've made a mistake, that's why they're here.

A

They made a mistake, you make a mistake because there's obstruct you, know, there's distractions.

A

There's you know, there's there's poor staffing, sometimes you're tired. You know those are all.

A

Those are all things that are factors can make people make a mistake. Yes, most people.

A

I mean pretty much everybody's gonna come before us and say that I made a mistake.

A

They're not going to tell you yes, I know bob was 8 19 years old and I.

A

Sold them a bottle of beer anyway, it's not you know it's just not going to happen.

A

So I believe her, I believe she made a mistake. She was sick and and- and I think only finding uh 100.

A

I mean the 500 and holding back 400 is, is a um is a com? You know a compassionate move.

A

But I think there has to be some sort of penalty. That's delivered today.

D

The other, the other fact, mr chairman, is the fact that.

D

That 400 400 fine would be reimposed within the three years. If there was a.

D

Violation as as well as as well as uh imposing a further fine for the the second violation. Yes,.

C

Yes, yeah, it's basically the same this, the same thing we did for the employer right with the.

C

500 and the 250 in advance: yes, so they basically pay the 250 now or within 10 days, and then the.

C

Two, they would pay an additional 250 if there's another violation, plus any new penalties on that.

C

Yeah, it's a tough one, especially when we've got two other cases coming after this.

C

It's a tough one.

A

So we're looking for emotion,.

A

um Hold on, we have somebody in the audience raise their hands.

A

Up mr myers, I don't want to prolong the situation, um but in her circumstances,.

J

I'm sergeant myers with the sheriff's office in her circumstance a lot of things that she had.

J

Described to me of why she was affected by this uh doesn't come out in my reports. You know it's.

J

Her thing um it's, it seemed like it was like peer pressure in a sense because uh whoever the other.

J

Co-Workers were said that she checks too many ideas that she's uh not being efficient with.

J

Progress, so why are you checking you know older people's ids? She used to she described to me that.

J

She checked everybody, so I don't know if that was like a pressured kind of situation for her.

J

But I know you're coming to a resolution of what what type of fine you should be. If and it's not.

J

Mandated that you tell her to go to wrasse, but how much is it? How much is rest all right, so I mean.

J

You're going to make a decision in reference to a monetary amount, but I just figured I'd: throw that.

J

In there we don't usually do that, but culturally she wasn't getting how I was describing it to.

J

Her of what she did and then she described to me that other people would make fun of her for.

J

Checking so many ideas, so that information would have been helpful in the first in the in the in.

A

The first hearing well, this is the hearing dealing with her specifically understand, but.

A

The cult but but that's the culture and the business that would have been helpful for us.

A

Thank you, nobody called on me. I tried to wait, didn't call for you this time.

A

Thank you, though, I appreciate it guess who's getting called. Next time, though,.

C

Yes, all right I'll, I'm going to make a motion um either we like it or we don't.

C

uh So I'll make a motion based on the facts and uh presented in the testimony heard that.

C

um Ms lynn, zoo, uh having been in violation of 28 tac 2802 b of the alcohol beverage article.

C

Of the annotated code of maryland uh be fined five hundred dollars.

C

Four hundred and fifty dollars being held in advance uh for a period of three years.

C

Pending no further violations, uh the fine will be payable within 10 days. Okay, thank you.

A

Member watts has made a motion um to find 500.. 450 is going to be suspended for three years um to lin.

A

Sue um for selling uh alcoholic beverages under the to someone under the age of 21 years of age in.

A

Violation of 28-2802 b of the alcoholic beverage article of the anti-coded code of maryland.

A

That would be payable within um 10 days.

A

um Which would be friday would be day one.

A

Okay to someone's second, oh yes, that motion. We have a second.

A

All in favor aye aye aye nays none passes unanimously. Thank you. Good luck.

C

Thank you. Thank you very much.

G

Lynn, you can call the office tomorrow and we'll explain to you how to.

G

How to pay your fine, okay, yeah, okay,.

A

Thank you. Thank you.

A

Race and in licensee.

A

Robert bradley brizzy sale of alcoholic beverages to a person under the age of 21, in violation.

A

Of section 6-304 of the alcoholic beverage article of the anti-coded code of maryland.

A

And section 5.04j of the rules and regulations of the alcohol beverage board of saint mary's.

A

Square them in please, oh yeah, I'm sorry.

D

You hereby declare and affirm, under the penalties of perjury, that the testimony you're about.

D

To give will be the truth and nothing, but the truth. Yes, sir, just please state your name and.

D

Your home address for the record. Yes, sir, my name is robert bradley brizzy. I reside in 40170.

K

Beach drive mechanicsville maryland two zero, six, five, nine. Thank you, sir.

A

So sird, um do you agree that this uh this this um took place.

L

Yes, sir, yes, okay, thank you. Would you uh take it, mr beaver, mr chairman,.

F

um On may 29 2021 at 10 24 a.m: st mary's county.

F

Sheriff's office alcohol enforcement unit sent to sheriff's kid office, cadet aged 19 years.

F

Into race and inn located at 2675 stone, corner lane, mechanicsville maryland 20659.

F

Once inside the cadet approached the register area and requested two 50 milliliter bottles.

F

Of fireball cinnamon whiskey from the clerk later identified as a mr wesley mckinley iii, mr mckinley.

F

Retrieved the requested alcoholic beverages placed them on the counter and proceeded with the sale.

F

Mr mckinley failed to ask the cadet for any identification for proof of age.

F

The cadet completed the purchase of the alcoholic beverages and exited the licensed premises with.

F

The alcoholic beverages, the cadet thereafter reported to corporal john kirkner, a member of.

F

The alcohol enforcement unit outside the licensed premises where the cadet described the sale.

F

Of the alcoholic beverages to corporal kirchner thereafter, corporal kirkner and sergeant meyers.

F

The saint mary's county alcohol enforcement officer entered the licensed premises identified.

F

Themselves and informed, mr mckinley, that he had sold alcoholic beverages to an underage.

F

Sheriff's office cadet, without asking for identification, mr mckinley expressed to the.

F

Officer's regret for making the sale and could not provide an explanation for why he did not ask.

F

For identification, photographs of the alcoholic beverages were taken by members of the alcoholic.

F

Enforcement unit, then the beverages were poured out and the bottles disposed of.

F

The alcoholic beverage board of saint mary's county was notified of this incident by the saint.

F

Mary's county sheriff's office, alcoholic beverage board of st mary's county issued summonses.

F

To the license holder, mr robert bradley brizzy, and to the clerk mr mckinley.

F

All the foregoing occurred in saint mary's county maryland. Thank you.

A

Members have any questions. Yes, uh mr brizzy is uh mr mckinley still in your employ. Yes, sir. No sir.

D

He was fired after this incident. It was a contributing factor not directly afterwards. It.

K

Was a conversation that we had in upper management? It is our policy for immediate termination in the.

K

Day and age that we live in, that the employees are super hard to come by. You know we did make.

K

A you know, a determination that we were going to try to ride it out. It was a contributing factor.

K

um And for mr willingborg's conversation earlier about making a mistake, sir, I have to tell you I'm.

K

Embarrassed to be here, you know, I've been in the alcohol business for 20 years, and this is super.

K

Serious to me, my staff is here, my store is closed today, and they are here in attendance for this.

K

So a mistake, is you make a mistake not to check the id? You didn't do your job and it's just that.

K

Simple, sir, so at the end of the day you know we're guilty, we shouldn't be here, and you know what to.

K

Do moving forward, we put some things into place that needed to change. Is there a 100 solution.

K

Probably not you know, could we make it better? Maybe if we had a mandatory hundred percent.

K

Id check in the whole state of maryland for any age-restricted item takes that clerk out of the.

K

Equation to make that call, I don't know what the answer is yeah you know, but once again I don't.

K

Want to be here, and nor do I want you guys to be here talking to me. Yes, sir okay, I appreciate it.

D

Do you have do you have now um as uh standard operating procedures, a 100 percent.

D

Id verification on all sales, no sir, no sir, and that and I'll explain that's a business.

K

Decision and that's why, unfortunately, we have to rely on the clerk to make that decision.

K

If they didn't have to make that decision and they had to require you require to do that, every single.

K

Sale that you made, but if you mr cole, came into my store every day and I knew your name and I didn't.

K

Check your id one time, my 100 id policy goes away right there. It holds no weight. So that's where you.

K

Know the business decision becomes, we are in a convenience business we are, and you know we see.

K

Customers every single day, the same customer every day. Is it reasonable to check their id every day.

K

Once again, that's a you know, that's a question that I can't answer. I guess.

K

So you know in my mind, you know it's not when they could go up the street and not be inconvenienced.

K

By something that you know we're seeing them every single day, so if there was, you know there was no.

K

Competitive advantage about it, sir, that's the answer. You know everyone should have 100 id check.

K

Without that, we have to make a decision and then that clerk ultimately has to make a decision.

K

Why did he make that decision? That day? I don't know, sir. I can't answer that. Okay sounds like.

K

To me he should have every description that I got that he should have been card. No, no.

K

Hands down, we didn't do our job. Okay, anybody else, um just two questions any prior, no okay,.

C

So I I like that flexibility and empowering of your employees.

C

I think it's a good thing: um what sort of training do you give them for that to ensure that.

C

Things of this nature aren't, you know, missed overlooked and uh and that the violations occur.

C

Well, unfortunately, in this instance- or it doesn't appear to be this way, but in general, I've been in.

K

This alcohol business for almost 20 years, I'm a proactive training guy. I believe that every.

K

Single person that works in that store should be trained at that point in time he was not.

K

You know, as we went through an upper management change, there's no excuse for it.

K

You know it's just part of getting time. You know to do it in people's schedule. Things of that.

K

Nature at the end of the day, I'm a proactive training guy, so not a reactive one, and I do.

K

My request is for everyone that works at that store to be trained. Okay, is that a uh an annual.

C

Training, a monthly training, a one-time training when they're hired new hire training, customers.

K

Well, when they're hired for sure right absolutely and then I believe that expires relative to.

K

Whatever certification is two years three years, they'll have their different expiration dumps.

A

A

Okay, I guess we'll roll for me.

A

Sure sergeant myers would you come forward.

J

Just in reference to the store itself and the owner and uh the managers in the back also, she.

J

Made me aware of you know different circumstances for that business and it's very busy it's by the.

J

Raceway it's an international raceway, so therefore they have to check various types of ids from.

J

Various states, things of that nature, even when we were there, was somewhat busy, because the races.

J

Covered being lifted at that particular time, people were coming over, so a calculation of.

J

All things you know it's quite a busy place and you're dealing with uh a lot of, inter.

J

Not just marylanders but virginia delaware anywhere. That would come over.

J

And the main thing I wanted to say was the.

J

Three previous times that we did uh covert buys they pass so something's going right there and.

J

Just in the situation that was a little off-kill. Okay, thank you. Thank you sergeant, meyers.

D

Miss hildebrand: uh what was the.

D

Training that we had on identifying uh fake ids, that was part of the that's part of the rast.

G

Training, that's part of rast correct. Yes, sir okay and mr brizzy was one of the retailers.

G

At the time, rast was created, who supported that and also supported the penalty phase.

G

That's in here the matrix mr brizzy was uh mr had mr mckinley.

D

Attended rest, he not, he had not been trained, he had not. He had not been trained. huh Okay,.

A

Tammy, what's the last time we had her ass training.

G

February before covent right.

A

Yeah, it's unavailable now until we're out of this. This whole pandemic correct, yeah, we've come to.

G

Some conclusions that we're going to have to do this online for some people would just we gotta.

G

I mean we can't play yoyo like this, given given the situation with the pandemic and not knowing.

D

When that is going to be lifted, the restrictions and everything else, this would then be another.

D

Something I would suggest for the board, perhaps that once it is re-initiated that we are involve.

D

All the businesses in into a recertification of rest- I don't know if that would be appropriate.

D

Or not, I would think that you know don't know if you, if there's authority, to do that yeah. I don't.

D

Know is that something you could check on for the only law that we have for rast and it is in.

G

The annotated code is that the licensees when they apply they m the licensee, must be trained.

G

Ras trained, it doesn't say anything about about the employees, correct nothing about employees and.

G

Nothing about recertification, I I think I find that pretty self-defeating in the fact that the.

D

People that check the ids are the ones that would see or or would be most of the businesses, because.

G

Ras training is free and we've tried to keep it free and we continue to try and keep it free.

G

Most businesses have used it. You know when, when they go to the state training tips, tam.

G

Surfsafe, you have to register for that. It costs money and it's hard to do it right away. So.

G

uh We had monthly, rash training and most a lot of our businesses use that.

G

As part of their training for their employees, their employees are welcome to come. Currently, we.

G

Do have a a long list of people who are required to take it either by violation or application, but.

G

Like I said during my time, I'll discuss um our plans on trying to do this. Virtually.

D

Okay, okay, mr brizzy, how many employees do you have I very serve six, eight, six or eight editing.

D

Yes, sir, at any one particular time correct. Yes, sir.

D

And you have initiated then now on a yearly training program or uh two year, every two years or.

K

It's more of an immediate basis as far as when they get hired. You know once again the people that.

K

Are there are either trained already or in the process of getting trained? Sometimes the training.

K

Is difficult when you have part-time people that have regular jobs, you know and the training is.

K

Only available at some points and times this that it's you know once again, sometimes it's difficult.

K

For logistic purposes you know, but once again, yes, sir, my objective is for everyone to be trained.

K

You know, I would also I guess, as we're talking about training and whether it's my case whether.

K

It's case before mine, the case that's coming up next, I'm not sure about, but my case in the.

K

Case before neither clerk checked the id you know, so, at the end of the day you know.

K

It's a problem. Yeah I don't understand, the training is, the training is, is does.

K

Training fix that problem. You know you know about making that decision of whether you check that id.

K

Or not and once again I'm a pro training person and I agree that it's super important.

K

But does that affect the common problem that I don't know where the third case is like.

K

That but that's kind of you know it's a common problem with myself in the case before right.

D

Yeah, but certainly you wouldn't put a clerk behind the uh behind the counter there. That did.

D

Not know how to how to use the register correct, that's correct, okay, and they would they would.

D

Benefit from some kind of training on how to use the register correct, great okay,.

D

That's my point: okay,.

A

So, mr chairman, I'd like to make a motion: okay, so we've we don't, we can go, go to the penalty phase.

A

Now, because we've already have a mission of guilt um go ahead, sir. um So I'll preface this motion.

C

With the the fact that sergeant meyer's, testimony of you know several other passing by uh you know.

C

Passing enforcement checks, um I believe mr brizzy said he had all of his employees here.

C

He's taken some some action with the employee is no longer employed.

C

um And uh and his training program, uh so basically I'm gonna make a motion based on uh those facts.

C

And other facts that have been presented: uh the testimony that we've heard that racing in.

C

Is uh basically in violation of section 6-304 of the alcohol beverage articles and annotations.

C

Code of maryland and 5.04 j of the rules and regulations of alcohol beverage board of st.

C

Mary's county and should be fined 500, with 400 held in advance for three years pending no further.

C

Violations, the fines will be payable within 10 days or the licensee will be suspended until paid.

A

So member watts has made a motion to um with after mr um brizzy's uh omission that alcohol.

A

Was sold to um under under someone under the age of 21, in violation of section 6-30.

A

The alcohol beverage article with anti-coded code of maryland and section 5.04j of the.

A

Rules of regulations, alcohol beverage board of st mary's county um he's motioned to fine five.

A

Hundred dollars suspending 400 for a term of three years and uh that would be payable within 10 days.

A

Do we have a second of that motion I'll? Second, that motion you have a second okay discussion.

A

Well I'll start discussion: um we just sit there and find somebody who was out of country.

A

250 500 250, held for three years suspended for three years.

A

For for an error, and now we're having a discussion of giving mr brizzy a a leaner, fine.

A

For yes, an error that was made in his store, actually, you know, I think, he's kind of like.

A

Told us it was just negligence: it's not training it. Somebody just didn't do their job yep, so.

C

Mr chairman, if I explained I knew that would come up because again I want to ensure that.

C

We're we're consistent in our application of uh of our penalties. um However, uh this testimony, I.

C

Believe, in my opinion, was different and that mr brizzy had has taken some uh some actions.

C

uh He's had you know again, that's why I pointed out specifically the things that he's done. uh I.

C

Think uh you know warrant some leniency um and having passed previous enforcement things.

C

And I think he's on the right track. In fact, he's got the fact he's got his entire store.

C

Here today, because he knew hey guys, we screwed up we're all going to this and we're going to.

C

Sit through this so to me that says a lot about how he runs his business and I think he's doing.

C

The right things to try to to ensure that this sort of thing doesn't continue to occur.

C

So to me, that is certainly the difference in those two two cases um and.

C

So so that that's where I'm coming from and why um I made the motion for a slightly different.

C

Penalty phase than I did the previous so just to explain.

C

My rationale, mr cole,.

D

You have all of your employees are here today, mr brizzy, yes, sir, my stories.

K

And your and your stories, yes, my store is closed and all my employees are sitting in the audience.

K

Today, okay, so they understand the seriousness of what we have to do. So what restate your motion.

A

One last time for me: please, the entire I'm one. I can remember it all all right, but so much beaver.

F

You say I think the motion is on the record, so I mean I don't know if you want to have to have them.

F

Restate it because it may not be consistent with the first okay, let me set it: okay, yeah.

C

So- and I did I tried to preface the motion- perhaps I should have incorporated the motion, but.

C

I knew that would be, at least uh it is recorded that the the again based.

C

On facts presented in the testimony that was given right and there was still those three.

C

Four key specific things are: are what drove uh my motion for the penalty to be what it.

C

Was and I'll restate those for the record for everyone to know so those three things were.

C

Previous enforcement checks, the three previous enforcement checks that I believe that sergeant.

C

Meyers stated uh had passed the employee who uh created the violation, is no longer in the.

C

Employ of of the store um and the training, the persistent training that he has in place for his.

C

Employees to ensure that they're at least aware of this sort of thing that needs to happen uh and.

C

The fourth thing that uh you know it's obvious, mr brizzy, takes this seriously enough that he.

C

Closed his store today and brought his entire staff here to be present to understand the.

C

Severity of what they're going through so so to me, it's this store clearly takes this seriously.

C

um And so again, I they they messed up. They made a mistake.

C

I'm gonna find them, they need to be fined, but uh I think it can be a little bit more.

C

You know relaxed now again, they're still the 500. So if it happens again within three years.

C

They're gonna get hit with that. um So that's a hundred dollars now hundred.

C

Dollars now and suspended 400 is is suspended but yeah. If it happens again in three years.

C

That 500 is going to hit and then certainly if I'm still on the board- and it comes before me again,.

C

I will certainly take a different different stance. I think right, but no previous violations um so.

C

So, yes, my my recommendation for the penalty was different, but again I think it's a different.

C

Situation than necessitated uh a different penalty phase: okay, more discussions, mr beaver. Yes, sir.

A

No more discussion.

A

All in favor aye, aye aye opposed me. Okay eyes. Have it.

A

Thank you. Thank you. Thank you, mr brizzy. Good luck.

A

Okay, next, the employee wesley cray, mckinley iii,.

D

Do you hereby declare an affirm under the penalties of perjury, that the testimony you're.

D

About to give will be the truth and nothing but the truth. I do please have a seat. Mr mckinley.

A

So we need you to state your um your home or record name and address. Please.

F

Permit sir, his name and address yes name and address.

M

uh First name is mckinley, middle name is wesley, last name is cree and that's the third.

M

Address is 7833 bethany lane I played in maryland 20646., so we got. We have the name down here wrong.

A

That's correct so so your first name is white against her. First name is mckinley mckinley.

A

And so it's mckinley craig wesley wesley, craig, yes, okay, my apologies, sir.

M

It's not spelt right either. Could you could you spell that for us, sir k r, I e g.

A

Thank you. Thank you for the corrections appreciate it.

G

I'm sorry so it's mckinley wesley craig, sorry yeah. Thank you.

A

In the third, is that correct, the third okay? Third, yes and your and uh your address- was what.

A

Again, your home address 7833 bethany lane. Okay, thank you, sir, got that okay, the above individual.

A

Mckinley wesley cray iii was an employee of a license, holder and sold or provided alcoholic.

A

Beverages to an individual under the age of 21 years, in violation of section 28-2802-b of the.

A

Alcoholic beverage article of the anti-coded code of maryland. How do you plead sir guilty? Thank you.

F

Mr chairman, if I may so on october, I'm sorry I found out on may 29 2021 at 10 24 in the.

F

Morning, st mary's county sheriff's office, alcohol enforcement unit sent to sheriff's office office.

F

Cadet age 19 into racing inn located at 2675, stone, corner lane, mechanicsville maryland 20659.

F

Once inside the cadet approached the register area and requested two 50 milliliter bottles of.

F

Fireball cinnamon whiskey from the clerk later identified as mr mckinley cray iii, mr cray.

F

Retrieved the requested alcoholic beverages placed them on the counter and proceeded with the sale.

F

Mr craig failed to ask the cadet for any identification of proof of age.

F

The cadet completed the purchase of the alcoholic beverages and exited the licensed premise.

F

With the alcoholic beverages, the cadet thereafter reported to mr.

F

To corporal john kirchner, a member of the alcohol enforcement unit outside the licensed premise.

F

Where he described the sale, the alcoholic beverages to corporal kirchner corporal kirkner.

F

And sergeant meyers of the alcohol enforcement bureau entered the license premise identified.

F

Themselves and informed, mr cray, that he had sold alcoholic beverages to an under age, sheriff's.

F

Cadet, without asking for any identification, mr cray expressed to the officer's regret for making.

F

The sale and could not provide an explanation for why he did not ask for identification photographs.

F

Were taken of the beverages that were sold, which were then poured out and disposed of, the incident.

F

Was reported by the sheriff's office to the alcohol beverage board of saint mary's county.

F

Which, then has issued summons to mr brizzy, the licensee and to the clerk mr cray, and.

F

All the foregoing has happened in st mary's county maryland. Okay, thank you.

A

Members, you have any questions, mr mcrae. How long have you been employed with uh racing in.

C

uh Once it occurred to that point only a couple of weeks, a couple of weeks, okay,.

C

Have you worked in other retails that have sold alcohol before yours is an auto attack.

C

There's an auto tech, an auto attack, okay,.

C

Can I um I'd like to hear your kind of thoughts on on what happened and.

C

Why you you failed to to check a basic id? It was just uh didn't not familiar with working.

M

The cash register and taking ids checking ids on a regular basis. I'd never done that before.

M

So it was just a lack of judgment. I think at that point you've put you've, probably assumed you've.

C

Purchased alcohol in the state of maryland before, yes, I have yes, oh of course. Yes- and I assume you.

C

Had to present, I assume you had to present an id when you purchased alcohol, not normally in.

M

Back in the early days, I never showed any id at all right so.

C

So I guess to that in when was the last time that you purchased alcohol, that you had to pay.

C

You had to present an id to someone, probably eight or ten years ago, if not more. Okay,.

C

um Okay, barbara questions were you instructed, as far as running the register, the policy of.

B

Checking ids, yes, I was told to check ids. So did you obviously not and not that particular.

B

Person, no, but many other sure, so was there a reason you didn't protect this particular one.

M

I can't put a figure on it. Okay at that time, just one of those days you just let it slide.

M

Yeah, I guess you could say that. Okay, in your words,.

C

Sergeant myers, uh I apologize if I missed it in uh mr beer's.

C

Testimony when you, after the incident, occur and then your enforcement officers go in.

C

And talk through, you also talked to the employee as well. um What would you mind.

C

Describing that interaction, and- and what came of that, um I I entered from the.

J

Front with uh corporal kirkner um after the cadet described, who uh had uh sold him the alcohol. I.

J

Approached uh we identified ourselves explained the situation that we sent a cadet in that was 19.

J

Years of age- and he did not, he failed to ask for an identification. He was uh sorry for his actions.

J

He said that he wasn't too familiar with exactly what he just described.

J

And I said you always have to check, I mean he has a youthful face, he's 19 years of age, he's a cadet.

J

um You know it's, it's a determination of you know, he's not going to present it himself and if all he.

J

Had to do is ask him, because I sent him in without any identification so as soon as they asked for.

J

Id they said. Well, I don't have it with me and then they exit and that's end of the transaction.

J

But he was very sorry for his actions and um you know, after talking with him, I spoke to the.

J

Manager- and you know she she kind of described what goes on there- that they are trained.

J

And that they uh expect everyone to be id that has a youthful face.

J

So I understood I empathize with him, but he failed to uh ask okay great. Thank you sergeant myers.

C

Mr craig, are you currently employed, no.

C

Okay me have further questions. No okay.

A

So we will move into the penalty phase.

C

So, oh, I can make a motion go ahead.

C

Why am I getting all these today.

C

I'm gonna, based on the uh facts, presented uh testimony that we heard.

C

Make a motion that uh um mr cray uh mckinley westland mccray.

C

Was in violation of 28 attack, 2802 b for the sale of someone under the age of 21 violation.

C

Of the alcohol beverage article of the annotated code of maryland and that it should be fined.

C

Fifty dollars to be payable in ten days.

C

That should be consistent with somewhat consistent. I didn't hold the 50 in advance.

A

Discussion, oh well, actually, um motion that can move a second to. um Let me read it first.

A

Motion is to find 50 period. Nothing nothing suspended fifty dollars.

A

To mckinsley wesley cray iii.

A

For selling alcohol to someone under 21 years of age.

A

um In violation of uh our I mean section, 28, 2802 b, the alcoholic article coded code of maryland.

A

You have a second, mr chairman, before we second may have been my motion.

A

Go ahead, mend your motion. uh I think I would like to make it to be again completely consistent. One.

C

Hundred dollars or fifty dollars to be paid within ten days, fifty dollars held.

D

So it's uh mr watts: it's a hundred dollar a hundred dollar fine hundred dollar fine and 50 suspended.

D

So it does not recur within three years. Is that correct.

C

Actually not what did I do? The last one for I apologize, it was 500 with.

G

For the previous, it was 500 450 suspended or in held in advance. Yes,.

C

I'm sorry penalty will be 500. four hundred fifty held in a band for three years.

C

Fifty to be paid now in ten days- my apologies, mr chairman, that's fine.

A

So, based on the facts presented in the testimony heard that mr mckinley wesley cray.

A

Be fined 500. but 450 suspended for three years.

A

For that fifty dollars be payable within ten days, which would be starting tomorrow. Ten business days.

A

For violating section um 28, 20, um 28-2802 b of the alcoholic beverage article, they anticoded.

A

um Of the anticoded code of maryland, yes, you need a second on the amended motion.

F

Yes, do we have a second I'll make, second, that you have a second okay, now discussion.

D

If mr craig was to go and and and uh uh be employed by a different liquor store.

D

Within the next three years and violated there, then that that violation is still.

D

Carried forward correct, yes, yes, plus plus.

D

Any additional right that we would impose correct yes, okay, all right.

C

That was why I amended my emotion thinking through that.

A

Any more discussion.

A

Well again, I I think the um the fines a little on the lean side.

A

So anyway, all in favor hi hi opposed me.

A

Thank you. Thank you.

G

Mr cry, my office tomorrow I'll explain how to make payment.

G

Same with brad, wherever you are brad there, you are okay thanks.

G

A

Next early bird licensee is uh raj winder um core. Hopefully I got that halfway right.

A

Would you please tell us where I'm in yeah thank you.

D

Oh, do you hereby declare and affirm under the penalties of perjury, that.

D

The testimony you're about to give will be the truth and nothing but the truth.

D

Please have a seat and state your name and home address for the record. Please.

N

Raj vender car 23450, canada, california, maryland 20619. Thank you.

A

So you're here today because you've been.

A

Accused of the sale of alcoholic beverage, actually, your business has been accused of.

A

Selling a sale of alcoholic beverages to a person under the age of 21, in violation of section 6-304.

A

Of the alcohol beverage article of the anti-coded code of maryland and section 5.04j.

A

Of the rules and regulations of the alcohol beverage board for saint mary's county.

A

um How do you plea yes, okay, guilty.

A

Thank you, um mr beaver. Yes, mr chairman, on may 29 2021 at nine o'clock am st mary's.

F

County sheriff's office alcohol enforcement unit sent a sheriff's office cadet 19 years of age.

F

Into the early bird located at 23791, mervil dean road in hollywood, maryland 20636.

F

Once inside the cadet approached the register area and requested two 50 milliliter bottles of.

F

Fireball cinnamon whiskey from the clerk later identified as mr ajit singh, mr singh retrieved.

F

The requested alcoholic beverages placed them on the counter and proceeded with the sale. Mr singh.

F

Failed to ask the cadet for any identification for proof of age. The cadet completed the purchase of.

F

The alcoholic beverages and exited the premises with the alcoholic beverages, the cadet thereafter.

F

Reported to corporal john kirchner, a member of the alcohol enforcement unit outside the licensed.

F

Premises and described the sale of the alcoholic beverages to corporal kirkner thereafter, corporal.

F

Kirchner and sergeant meyers of the alcohol enforcement unit entered the licensed premises.

F

Identified themselves and informed, mr singh, that he had sold alcoholic beverages to an.

F

Underage sheriff's office cadet, without asking for identification, mr singh expressed to the.

F

Officer's remorse, for for making the sale, but could not provide an explanation for why.

F

He did not ask for identification. Photographs were then taken of the alcoholic beverages.

F

By the alcohol enforcement unit, the beverages were poured out and the bottles disposed of.

F

The alcoholic beverage board of st mary's county was notified of this incident by the saint mary's.

F

County sheriff's office, the alcoholic beverage board of saint mary's county issued summonses.

F

To the license holder, miss raj winder kerr and the clerk mr ajit singh and.

F

All of the foregoing occurred in saint mary's county maryland, hey thank you.

A

Mr myers, yes, sir sergeant meyer, sorry and uh this situation was a little different being that uh the.

J

Technique with the cadet going in and doing his thing was normal, but while he was waiting in line.

J

One of the patrons of the establishment kind of informed the clerk prior to the.

J

Cadet getting up there, you better check his id, you better check his id and that's what.

J

The cadet told me coming out that somebody he thought it was a person that worked there.

J

So you have a patron: that's inside said you better check his id.

J

And uh he says no, I know him he's alright he's all right, so he just kind of you know allowed it to go.

J

To the wayside, with the suggestion, uh because he thought he knew him um other than that there was.

J

Nothing out of the ordinary, it was just that he was kind of advised of check id and he failed to.

J

Do so because he thought he'd, do it? Okay! That's all! Thank you, sir. Thank you sergeant yeah. He.

J

Was sorry for his actions? Yes, ma'am made mistake and he's sorry and we always check everybody's id.

N

We've been there in last 15 years, we didn't have a ticket from last 15 years.

N

Yes, last 15 years we didn't have the any you know, violation and my husband is just saying he's my.

N

Employee too, so he made a mistake because we check regularly based everybody's icy id.

N

So he made a mistake. He thought he's like you know, he'll be checking same time and people always.

N

You know joke around, you keep checking my id, so that's how he made a mistake. Yes ma'am, you know.

N

Very weird, with everybody's checking id so so we have so many green tickets too. Yes, ma'am. I'm sorry.

J

I just had one last thing, uh also with them the last three compliance checks that we.

J

Did covertly they've passed, and this is the time that they did not yeah. Thank you.

N

Thank you. Questions miss miss curry's um against similar questions before any any prior violations.

C

No no in the past three years um and is mr singh still employed with the yes he's.

C

My husband he's your husband, okay, that could make make for awkward dinner conversation.

C

Okay, uh and has he been, I guess, as an employer, a feminist employee has they've been reprimanded.

C

By the the outsider, the company is eco, is he co-owner jesse and early's co-owner? Okay, okay,.

C

Okay, I have no further questions, yeah, any other questions. No, I have no further questions. Barbara.

C

No questions well, yeah. I I just want to point out that the fact that mr singh is a co-owner to this.

G

I'm sorry, I don't have that on record. No going! Oh no he's I'm sorry! I don't have.

G

Mr singh, as a co-owner co-owner he's not not okay, only sure yeah, okay, only as a clerk, okay,.

D

If you're going to say something come forward, I need to swear you in.

D

Do you hereby declare and affirm under the penalties of perjury, that.

D

The testimony you're about to give will be the truth and nothing but the truth. I do.

D

Okay, please have a seat speak into the microphone state, your name and your home address. Please.

D

Sure my name is ajit singh and I live at 23450, canada, court, california, maryland 20619, okay,.

O

Okay, so we both own the business but she's the licensee. uh The property is on by both of us.

D

The property itself is owned by the company correct. There are two corporations, one is.

O

The property the corporation and the other is the business corporation business corporation, satyam.

O

Llc, that is what I, the the property corporation, is what I have mr singh signing as landlord. I don't.

G

Have him in the business paperwork as as business owners, correct property owner? Yes, business.

D

To the two two separate entities: correct: okay, okay, so I was the one who made that mistake, but.

O

And I'm 67 years old, I work seven days a week.

O

And 100 time we have like green cards from the collision like citizen coalition.

O

The people who send people in to check whether we checked the id or not, and we had six or seven.

O

Green cards from them, so but that day there was a friend of mine who was standing right next to me.

O

He told me, can you check his id and I mistook him for somebody else who is 27 years old age and he.

O

Comes very frequently to my store, so I thought he was the same guy and I even asked him are you do.

O

I know you he nodded and then I assumed it was the same guy. So that's why I didn't ask for the.

O

Id and I made that mistake in in their movement, but that that was the lapse of judgment on my part.

A

Thank you. Thank you. Any other questions.

A

Okay, so right now we're in a phase for the business, the owner.

A

Okay, not master ajit, saying this is about the business.

A

So motion: do we have a motion for a penalty phase we're moving and.

A

Penalty phase, we we've already got a an admission that the act did take place.

C

I'll make a motion uh based on the facts presented the testimony. I heard that.

C

Early bird liquor store is in.

C

Violation for the sale of persons under 21, violation of 6-304 of the alcohol beverage.

C

Article and annotated code of maryland and 5.04j of the rules and regulations.

C

Of the alcohol beverage board of saint mary's county and should be fined five hundred dollars.

C

With 250 held in advance for three years, spending no further violations.

C

uh The fines payable in 10 days, where the licensees license will be suspended until paid.

A

Okay, we have a motion.

A

To find 500 250 suspended for three years for the sale of alcoholic beverages to.

A

um To the early bird uh raj winder car core for this, um for um violation of article actually is.

A

Section 6-304 the alcoholic beverage article of the anti-coded code in maryland and for.

A

5.04 j of the rules, regulations, alcohol beverage board of st mary's county.

A

Do we have a second I'll, second, that okay member hill seconds it discussion.

A

No discussion, all in favor aye.

A

Unanimously passes so you have 10 days as starting tomorrow.

A

And that's 10 business days to pay the fine okay. Thank you. Thank you. Thank you. Ma'am.

A

You can sit down. Thank you. Do I need to. You, can sit in the hot seat, sir.

A

Okay, you've already been sworn in. Thank you so.

A

Ajit singh, the above individual, was an employee of a licensed holder and sold or provided alcoholic.

A

Beverages to an individual under the age of 21, in violation of section 28-2802.

A

Dash, I mean b of the alcoholic beverage article of the anti-coded code of maryland.

A

Sir um you've, do you admit to this? Yes, okay. Thank you, mr beaver, mr chairman on may 29 2021.

F

At 9 00 a.m: st mary's county office, sheriff's office, alcohol enforcement unit.

F

Sent a sheriff's office cadet 19 years of age, into the early bird located at 23.

F

791 mervill dean road in hollywood maryland 20636 once inside the cadet approached the register.

F

Area and requested two 50 milliliter bottles of fireball cinnamon whiskey from the clerk.

F

Later identified as mr ajit singh, mr singh uh retrieved, the requested alcoholic beverages.

F

Placed them on the counter and proceeded with the sale. Mr singh failed to ask the cadet.

F

For any identification for proof of age, the cadet completed the purchase of the alcoholic.

F

Beverages and exited the licensed premise with the alcoholic beverages, the cadet there after reported.

F

To corporal john kirkner, a member of the alcohol enforcement unit outside the licensed premises.

F

Where he described the sale of the beverages to corporal kirchner thereafter, corporal kirkner.

F

And sergeant myers of the alcohol enforcement unit entered the license premises identified themselves.

F

And informed, mr singh, that he had sold alcoholic beverages to an underage sheriff's office, cadet.

F

Without asking for any identification, mr singh expressed the officer's remorse for making the.

F

Sale but could not provide an explanation um for why he did not ask for identification.

F

Photographs were taken of the beverages purchased and the bottles poured out and disposed of.

F

The alcoholic the alcoholic beverage board of saint mary's county was notified of the incident.

F

By the sheriff's office, uh the alcohol beverage board of saint mary's county issued summonses for.

F

The licensee and mr ajit singh, this all occurred in saint mary's county maryland,.

F

Thank you, mr beaver. Welcome I'm sergeant meyers. Do you want to add anything.

J

No other than what I said earlier, that was the only uh kind of out of place.

J

Situation was, please come in. That was the only situation where uh you have a patron actually.

J

Saying something- and uh you know I guess you mistaken identity, whatever the case may be, but.

J

It's only kind of fooling yourself. If, especially, you got the individual right in front of you he's.

J

Got a youthful face and he does have a youthful face. So, regardless of that, I have nothing to.

J

Add: okay, thank you when sergeant myers, when was this, when did this patron? uh um Tell you about.

J

What he had said, the patron himself did not tell me when the cadet exited the store.

J

After the purchase he informed corporal kirkner, and I that um he said I I don't know if he was an.

J

Employee or what but he when I was buying the item he said yelled out to me check his id check his id.

J

So he said no he's, okay. I know him, that's it. That's the only unusual situation. Mr singh did.

D

This incident occur. I can't I can explain like what happened. The patron he was telling is a.

O

Friend of mine, he was standing right next to me when I was doing this transaction. He asked me.

O

Check id and when I looked at his face he seemed familiar to me: there's a guy who.

O

Looked exactly like him, he comes to my store almost like every day he's 27 years of age.

O

Looks like 18 or 19, and I've checked his id like at least 20 30 times. So I thought mistook him for.

O

That guy he looks familiar the same exact age and same exact face. So that's what I made a mistake.

O

uh Asking father I I asked him even do I know you and he kind of nodded, so I kind of fell into that.

O

Thing so I made that mistake at that point of time, so that's how it happened. Otherwise,.

O

I'm very particular about asking ids, and I am the one who is running the store.

O

Giving instructions to my employees, we it's a family-owned business, so I'm the one who is.

O

Making sure that everybody checking id, but I made that mistake that day unfortunately.

O

And I'm 67 years of age and I worked seven days every day without any break. Unless I go out of.

O

Town and I have two medical students, as my kids, my son is in fourth year medical and my daughter just.

O

Got into medical school, I'm working hard for them and I made a mistake and I'm very sorry about that.

A

Any other questions.

C

A

Okay, thank you. Anybody, okay, so we'll move to the penalty phase.

A

Do we have a motion for a penalty.

C

I'll make a motion, uh I guess, based on the facts presented testimony heard.

C

uh That mr singh, appearing in violation of.

C

28-2802 b of the alcohol beverage articles and of the annotated code of maryland, in violation for.

C

Selling to someone under 21 be fined 500, with 200 being held in advance for a period of three years.

C

Fine, the penalty should be paid in 10 days.

C

A

So we have a motion.

A

Ajit singh, um who was admitted to having sold.

A

To a minor 21 years of age, in violation of section 28-2802-b,.

A

Of the alcoholic beverage article of the anti-coded code of maryland.

A

So we have a motion for 500., with 200., with um 200 being suspended for three years.

A

And that would have to be payable within 10 days.

A

Do we have a second.

D

Oh second, that motion: okay, we have a second from member cole.

A

Discussion in the discussion, I'll just add um the reason for the harsher penalty. In my opinion, is I.

C

Mean you had somebody telling you hey man, you got to check this guy's id. I understand that.

C

I mean I understand, maybe you mis-identified him, but if it's somebody that you said you see.

C

Every day or several times a week, um that's I would think you'd be a little more familiar with.

C

With that particular person, if you were seeing them at that frequency, um you know again in this.

C

Case you yeah, somebody was right there and basically said you should check his id. If.

C

Somebody says you check his id. I mean that at that point it just becomes it's. It's not a mistake. At.

C

That point at that point: it's just negligence. um I learned my lesson ever since I've been checking id.

O

And the people who asked I mean tell me that you are carted me yesterday and I apologize but.

O

Look, I'm not that young, I'm not that sharp like you are. I could be safe. I had to. I learned that.

O

Lesson from that mistake right, no, I understand hopefully, hopefully this penalty will.

C

Have you make sure you're checking ids again, particularly if someone's advising you to do so.

C

Thank you. I will so to end my comments for discussion. Any other comments, discussion.

D

Only that that's why it's called punishment.

A

Barbara any questions.

A

A

Okay um with that, I guess we'll take it to a vote all in favor all right.

A

Eyes have it. Thank you very much. Fine has to be paid within 10 days.

A

Starting tomorrow is the first day for 10 business days. Understand, sir, thank you. Thank you, sir legit.

G

Just come by the call me tomorrow at the office and I'll, let you know okay,.

G

F

And just as a note, mr chairman, anyone wishing to appeal the board's decision.

F

Has 30 days to do so with the circuit court of saint mary's county? Thank you, sir.

A

Okay, we're going to go to the premise changes now.

A

The first is rex, the rex joseph curley, charles breck, and daniel norris request the additional.

A

Permanent outdoor seating, expanding to five parking spaces, please come forward. Oh mr chairman,.

D

I would, I would wonder if we shouldn't make uh no not yet this not yet no it's it's! It's.

A

It's in the record, it's in the record. It's given to us what's that from from this, oh yeah, no, that's.

A

In the record, that's actually the explanation. Yes, all right. Thank you very much. You're welcome.

G

You'd have to ask the chair if I could come up and get a little background for the four cases that are coming out.

A

A

Then you guys can sit down and um we're gonna.

A

We're not doing this as a lump group, because this is right. They're all the same.

A

I guess what I'm saying: are you representing them today or are you representing the next.

P

Four cases I thought: if I gave you a little bit of ground work, it might help so you're going to.

A

Speak for the town of leonard town, okay, then, then everybody we'll we'll take you first, okay, okay,.

D

Okay, do you hereby declare an affirm under the penalties of perjury, that the testimony you're.

D

About to give will be the truth and nothing but the truth. I do please have a seat and state your.

D

Name and home address for the record: lachelle mckay 43020 woodpecker, lane hollywood maryland.

P

I just thought, because we have four cases on the agenda today, that it might help to give a.

P

Little bit of background, the outdoor seating in leonardtown is actually part of a larger plan. We.

P

Did a downtown strategic plan that we adopted in 2019 even prior to covid and the recommendation.

P

From that was outdoor seating, I think kova just kind of sped up that process a little bit.

P

We've also been working very hard in other aspects of the downtown plan and it part.

P

Of that really is a significant investment in showing where the parking is available.

P

And how you get to it, we just approved a wayfinding signage bid that will help people.

P

Find the parking we do have plenty of parking. Just some people aren't as familiar with it.

P

We're also working on a project in um by our largest public parking lot called l-town alley.

P

Which will make it a very vibrant nice place for people to park and to walk toward the downtown.

P

That's over a 500 000 investment. We also passed a ordinance requiring that any outdoor seating must.

P

Be approved by the town council first and then we just this week adopted uh standard guidelines for.

P

Outdoor seating to make it make sure that they're it's safe and it's attractive. We also purchased.

P

Uniform barricades for all the restaurants to use they're nice, heavy, concrete planters and.

P

We've been operating this outdoor seating for over a year, we've had no issues, it's been.

P

Extremely popular, it has been a lifesaver for our businesses during covid, and now people have just.

P

Come to expect it, so we do want to continue it and we support all the businesses to continue that.

P

And we have submitted a letter with each of them and I'll be here. If you have questions.

P

Throughout the process, uh mr mckay, um the uh the what what what the town of leonardtown has.

D

Imposed now, as far as the restriction of uh and the expansion of the outdoor seating, will, this.

D

Eventually, restrict traffic flow around the square itself to one lane.

P

For the most part, it is one lane around the square already.

P

There's the parking- oh that's true, yeah, right right! Okay, we've made some.

P

Changes in some of the intersections, not necessarily where the seating is at the only.

P

One would be the one by sweet bay, which we've made a one-way street, which gave us the ability to add.

P

Some parking back in front of pnc bank and make it safer for pedestrians as a whole, not just for.

P

People sitting there, but people crossing the street and such so we've we've continued and we're.

P

Doing a lot of new signage with the wayfinding signage, it will help people get along round a lot.

P

Easier it'll get rid of the sign, clutter and help people just when they're driving better.

P

As well now, fenwick street remains uh two-way. Two two different directions: correct, yes, just.

D

Washington street anything around the square itself is restricted to.

D

One-Way flow of traffic, correct, yeah, okay, thank you.

A

Sergeant myers, yes, sir, why are you speaking on the subject matter? Don't talk, yeah, don't.

G

Talk or the voice from above I like her telling me what to do. um Ms hildebrand had.

J

uh Advised that the board might want to know um if there was any like traffic accidents, complaints.

J

Disturbances or any of that within the town square area, so I ran a computer, automated dispatch.

J

And it only came back with four for a whole year's time frame and out of this four, there was only two.

J

Minor uh car accidents, fender bender kind of thing and two illegally parked cars that weren't, even in.

J

The square area, and nor was the accidents it was over by the flower shop. It was a backing.

J

But um other than that, you know with the way that all the businesses have it set up.

J

um You know, I think, everybody's getting used to it, so they're paying attention to things.

J

And so I don't think you would have any future problems with as far as traffic type scenarios.

A

Okay, so um I I guess I do have one question: it's the event that happened october, where.

A

A car ran into a bunch of barrels on fenwick street. There was a hit and run.

A

I I don't know why nobody seems to know about this, wants to speak of it, but there has been an.

A

Incident where a where patrons were out front- and there was a car accident correct, there was.

P

No one was injured, but there was a hit and run of the barrels that were being used as barricades.

P

We have since added a concrete barricade at the lower portion as people cars are coming up.

P

The hill, where that incident happened, we're also have a bump out planned there for more permanent.

P

Outdoor seating and there would also be bollards that go into the flower, the planters that we have.

P

That will make it even more secure as people come up. The hill we've also added.

P

Additional sign warning signs as you're coming up fenwick street, that there there is.

P

Pedestrians and that it is coming into a more uh congested area. Okay, thank you appreciate it.

C

I have a question um so because we're kind of looking at some of these holistically, I.

C

Know we're gonna do these each individually, but when I look at the holistic picture, how do we.

C

I mean how do we, how do we prevent this from just turning into a big block party every weekend.

C

Right I mean that's, there's there's really nothing that.

C

You know when I look at particularly, like uh you know: sweet bay and antoinettes that.

C

Are right next to each other, and then rex is right across the street I mean.

C

I love the concept, it's a cool idea, but but how do we? How do we manage that from an enforcement.

C

Perspective, well, I don't think we do or how does? Okay, how do it's with respect to your question.

J

It's still the business owner's responsibility to maintain their patrons from leaving if they.

J

Have an alcoholic beverage so therefore, that's why you have the barriers for that.

J

Individual business, so they can't go out into the grassy area unless it's a special event authorized.

J

By the leonardtown council or leonardtown town hall, saying that you know we're blocking this.

J

Road off blocking this road off and now everybody can, you know, entertain themselves within that.

J

Scope but say if the rex has their own partition or cordoned off area. They are responsible.

J

In ensuring that their patrons are not drinking within that area and walking away and then coming.

J

Back so they have secure. They have ample security to govern that action in the same way with, even if.

J

The businesses are side by side. You can still see the separation, especially when I go through there.

J

um You know they're, just you, you know, there's a separation, but it.

J

The same applies on the other side of the road, so it's the responsibility of the business to.

J

Ensure that it's well delineated each area and even when we have an event where it's open.

P

For people to bring alcohol to the event, the the liquor license, holders are still required to keep.

P

The um any alcohol that they sell within their boundaries and we've never had a problem with it.

C

Sure- and you know most of the time when we've had licensees come in and request for this kind.

C

Of thing we've asked for fencing and things of that nature that made it very challenging to to.

C

Transit the boundary, so I mean I I see there are bound I'm looking at the pictures right that that.

C

The licensees have submitted, and I mean it's colorful it's attractive, but they're they're.

C

Just they're barrels right, there's there's no, it is. It is very I'll, say this. It is a very.

C

Different sort of boundary than what we have typically required, or you know in the past.

C

Yes and that's what concerns me well, the town of leonard challenged the town of leonardtown.

A

And they they have their it's. It's not like the rest of the county, they're incorporated town.

A

Correct and they have they have their process. Do you have a safety officer, for we have a town.

P

Deputy, that's your safety that does your safety too, does safety inspections and all that stuff.

A

So so that's all on them- and the bottom line is here today is regardless. If we.

A

Approve or disapprove they're still going to have outdoor dining right, there's nothing.

A

Going nothing that we're going to do today is going to keep somebody from being out there at.

A

10 o'clock at night sitting there having a pepsi or uh or or or whatever or you know, eating dinner.

C

So- and I'm excited for that, what concerns me is is then, when the alcohol becomes evolved.

C

Right, I mean that is where our jurisdiction is correct. Yes, so, and- and I agree that there.

A

There might be needs to be a discussion about this about maybe lines, but my concern is: is.

A

When somebody goes to site somebody, are they in sweep bay or antoinette.

A

Or or whatever, I think that the the customer needs to know if they're wandering around that.

A

They've wandered out of an area that they should be in.

A

And I think law enforcement should have the have. The you know know that they, what the boundaries.

A

Are themselves, I'm not necessarily think that they they wouldn't necessarily all, would.

A

So we've required in some places to have signage. Don't pass this point, maybe a line on the ground.

A

That says: hey, you know, don't go past this point. That's only fair for the patrons.

A

And it's fair for law enforcement, it's fair for us when somebody comes here and we know that they.

A

Were off premise- and I guess that's the the key here- is that if we're going to license the premise.

A

That spot, then, then it needs to be defined and obviously it can't be defined with a fence.

A

um When you're talking about a public sidewalk right, I mean this is done all over the country.

P

I don't think it's anything new, I mean. Certainly it's gotten more popular with covert and you know.

P

Lots of towns had it in the streets and you know had additional and we're talking about.

P

A restaurant atmosphere we're not talking about a a bar that you know, there's huge crowds. I mean.

P

It's all sit down, they have seats and it's not um a big crowd. I think it's a different kind of.

P

Atmosphere than than just a normal bar atmosphere, sure yeah and be clear. I mean I love the concept. I.

C

Love where it's going, I'm excited about it right. You know even as a potential patron, but you know.

C

As a you know, as a member of the board right, I've got, we've got to think about those other things.

C

Right and I just want to make sure that that gets out there and that we are thinking about it.

C

um You know in that you know that the the people, you know the the establishments that.

C

Are requesting it that are law enforcement that have to enforce it and that are our town.

C

Representatives, you know, are thinking about it right because we, the last thing we want, is for.

C

Something to happen and then have this. You know this cool venue then just end.

C

Up falling pieces and getting shut down, um you know so so! Yes, so so when, when these.

C

When they do come- and we start you know requesting for signage and we start making requests for you.

C

Know painted lines and things of that nature. Just you know, don't don't be surprised or.

C

Because I think that's about the only thing we the best thing we can do, I should say to to try to.

C

Promote this, there's the if you I, I guess, there's photos of the barricades that I mean there. It.

P

Clearly, d delineates the area and there's a very just enough walking space between them. um I mean.

P

I'm assuming we could, we could probably figure out something for signage that could actually be.

P

Stuck in the the planters themselves, that would be not too unattractive but would be noticeable.

P

I think the thing is is the actual sidewalk? It's a public sidewalk, you know it's not, and I and I.

A

Think there's even questions about. Can we as a board even license that is part of the of the.

A

You know the actual premise, because it doesn't belong to the restaurant.

P

Well, in some cases it is owned by the building owner and that's why.

A

Some town owns some of it right town does and we, but that's why we passed the ordinance to.

P

Say that all of the seating had to go through the town, it doesn't matter who owns it. It does have.

P

To go through the town, and we have a temporary license agreement that they will be signing for.

P

Our attorney and um taking liability for that and that the sidewalks have to be clear. The guidelines.

P

That we adopted are very clear on making sure that people can still pass that there's plenty of room.

P

um For the sidewalk itself, a lot of this is in the parking lot parking spaces, not even on the.

P

Sidewalk there's an open sidewalk on on each of the premises. So, mr beaver, you have something to.

A

Weigh in on this again, I know that michelle's, just here speaking on behalf of the town, but I.

F

Guess the question becomes when you're talking about licensed premise right, we have the actual.

F

Restaurant and then we have the area, that's been designated the parking spaces on behalf of the.

F

Of the respective business- and you have the sidewalk that runs in between the two.

F

Right the concern, I think that the board has is making sure that alcohol stays in the license.

F

Licensed areas which would be again the inside or the the cordoned off area, and what prevents.

F

Let's say patrons, you know what they're, with their alcoholic beverages from just.

F

Hanging out on the sidewalk and and and and as you're saying, that the sidewalk is.

F

Most the time owned by the town, licensing, the actual tables. Am I not correct? No, that's not.

F

Correct we license the area entire area, whatever that, whatever whatever is on the site plan, so.

F

I'm looking at the drawing so so where those those areas are, for instance, of sweet.

P

Bay, which is a permanent structure, we did a an easement, so they have an easement for the entire.

P

Area and then for the ones who were not joined as permanent, we're doing a separate type of agreement.

P

So I don't I mean as long as they're staying within the area that is licensed. I mean it's.

P

It's up to the businesses to monitor the wage, waiters and waitresses that they don't walk.

P

Outside the barricades- and I mean, as far as we're concerned, the sidewalk and the portion leading to.

P

It I mean they have to go back and forth between the business right I mean it has to stay open for.

P

Pedestrians but other than that I mean correct and that becomes the that becomes sort of the.

F

Concern a lot of times is you're you're we're multi-using that space right we're we're using.

F

It for pedestrians, the public thoroughfare, um but we're also. There will be a point in time when.

F

Servers, presumably waiters waitresses will be crossing that space and alcohol will then.

F

Be in that space right, so you know and if the town is giving permission you're saying you're.

F

Giving easements or giving agreements, and I think that addresses to a certain degree that.

F

Issue as long as it's controlled, the town is okay and that alcohol is only being consumed.

F

And sold within those actual licensed areas, I believe that would address the the concern.

F

I believe, that's not for me to decide I'm just a lawyer, um that's for this board to decide, but and.

P

We'll be monitoring as well that the sidewalks are staying up and if there's a problem, it's up to us.

P

To go and make you know, talk to the business owner and- and I think everyone's well aware of.

P

You know the fact that it has to stay open for business would uh would signage.

D

No, no alcohol beyond this point. um Suffice, uh mr beavers. As far as.

D

um You know restriction to the to the, uh because these are these are permanent. These.

D

Are requests for permanent additions to what they already have? No, I understand. I understand that.

F

There's no there's no law saying they have to put up a sign. I mean it's it ultimately.

F

You can leave it to the to the responsibility of the individual business owners to ensure.

F

That they are only having alcoholic beverages within their licensed areas right, okay! Well, then,.

D

Again, we impose you, know the signage on the on the individual business owners.

D

That that they need to put up signage, no, no alcohol beverages. Beyond this point.

D

Yes, we could do this correctly, that's within the board. Okay! Thank you all the time. Thank you.

G

Question I don't have any more.

P

Thank you. Thank you. Okay,.

A

So a premise change the rex joseph curly, charles breck, daniel norris, requesting additional.

A

Permanent outdoor seating, expanding into five parking spaces, please come forward and be sworn in.

A

Good afternoon, gentlemen, good afternoon.

D

All right, gentlemen: uh do you hereby declare an affirm under the penalties of perjury, that.

D

The testimony you're about to give will be the truth and nothing but the truth.

D

I do okay, please, everyone have a seat uh state. Your names and home addresses for the record.

H

Joe curley 22531 landing way: leonardtown maryland two zero six five zero.

Q

Daniel norris, two two six, eight zero cedar lane drive londontown maryland.

R

Charlie brett 23254 jennifer court leonard james maryland. Okay, thank you all.

A

Okay, would you please present your request, uh we're requesting the.

H

Outdoor saying believe, you guys have the drawing.

H

For directly in front of us, the five parking spaces that are as wide as our building.

D

Okay for clarification on this, uh mr curly. um If a patron um comes into the wrecks and orders.

D

A draft beer or bottled beer can they then walk out into the expanded area or do they have to.

H

The expanded area only contains tables and chairs as of right. Now that um servers deliver everything.

D

Okay, they're, they are serviced now so correct, you would go in and you would sit down and the server.

D

Would come to you and take your own order? Is that correct, correct, there's a sign out front, saying.

H

uh For outside seating, just check in at the bar and let us know, and then once they do, they go have.

H

A seat, if there's a table available out there, and then we send a server out to them. Okay, if there's.

D

No table, then they simply have to wait, correct, correct, okay, but they cannot go in, buy a bottle.

D

Of beer and then go join their friends out in the seating area. Correct, correct, okay, as well as.

D

If they were to leave the seating area, they leave all alcohol in the what you all are requesting for permanent expansion, correct.

D

Correct in a perfect world: yes, you hope they do in a perfect world, correct, okay,.

D

Anything else, my well my suggestion once again, because these are permanent uh requests.

D

Is that we put some kind of uh impose some kind of signage for those patrons sitting in the area.

D

There that no alcohol is allowed beyond this point, I don't see where putting tape on the sidewalk.

D

Or anything is gonna for for all purposes. I I don't see what that would do as far as.

D

um Other than add a level of confusion to a patron, I think I think, since these are permanent.

D

Requests that some sort of signage go up, saying no alcohol allowed beyond this point.

C

Mr golden, to add on to that I mean I would I would also continue. There probably needs to be some.

C

Level of signage inside as well to make you know the statement: was that hey, if you're sitting.

C

Outside you have to be served, alcohol right, you can't just take it and walk out. Basically, I think.

C

What we're kind of saying is the only people that can kind of transit that sidewalk with alcohol in.

C

Their hand is, is employees of of the restaurant, so I'm not sure I mean that sounds like a really.

C

Long sign, I don't wanna that sounds right right, very expensive and obnoxious, I'm not advocating.

C

That so so you know, I'm not exactly sure what that signage should read, but I do think there.

C

Needs to be some method of communicating that to to the patrons right to ensure that this doesn't.

C

um But we had a question: uh invite her up to the mic: she's already been sworn in. Yes, mr chairman,.

P

She had her hand up as a question. I just had some information that might be helpful.

A

Go ahead so several of these restaurants, the wrecks, for instance, already had.

P

Outdoor tables that were sitting on the sidewalk for years, as well as.

P

Social has already had tables sitting on the sidewalk and have had service there for years.

P

I mean there hasn't been signage up. If that's what you want to require, then I think we can.

P

Accommodate that, but I'm just bringing to your attention that they have been serving food on the.

P

Sidewalk they haven't been serving alcohol yeah. They have alcohol too. Yes, okay, sidewalk, occasional.

A

Outdoor promise- okay, yes, for my time, thanks, okay, thank you, okay and but but patrons were carrying.

C

That out there or servers, no, it's the same rules. I mean we've had that seating for seven years and.

H

This is just an extension of our outdoor seating same rule, same idea, okay, and that.

G

Sidewalk seating that was approved is adjacent to the building. There's no right in between right up.

G

Against it, I recall I recall now: okay, okay, so the request now mr curley is to continue with.

D

The tables on the sidewalk, as well as the permanent addition of the uh of the expansion.

D

Is that correct yeah, I don't know if you have to ask for a continuance of those he's asking for.

G

An extension of his outdoors, the table, is already part of our original plan. That's on the sidewalk.

A

Any more questions and how? How are we under their.

C

Under again, this was before my time when that was all approved. How is that.

C

I don't cause, I don't, I don't recall, they're being signage there now.

C

And so how are we, how are I should be asking you this? I guess, how are you managing.

C

The the patrons just you know, wait staff keeping an eye on them and.

C

You know in all actuality, it's it's two different crowds. I mean during the day you.

H

Have a lunch crowd and they're sitting at their table, getting food and maybe a beer or a drink or.

H

So and then at night we have different security members and management that have a tighter.

H

Eye on the premise and in the evenings you know it could be more of a situation with.

H

People going from place to place and wandering around town, and it's it's always been up to the.

H

To the business, to make sure I mean nobody wants to be in violation, nobody wants to have problems.

H

We want to do this forever, not just for one big night right, so we always take care of our own site.

D

I think I think at one time if, if my memory serves me correct, uh miss crowley that you actually had.

D

Security on either end uh with the sidewalk there, so that people would not go beyond that barrier.

D

I think I think that was that's correct, we'd, like to think that we know what we're getting ourselves.

H

Into with each individual day and and any kind of party or entertainment, we're having I mean the.

H

Slow night in the middle of the summer, you're just going to have your waitresses looking at.

H

Everybody and making sure they're doing what they do, but if we have a special event planned.

H

Or something we, we do special security and we we all take it upon ourselves. Okay,.

G

Also, mr cole, you might be recalling when mr curly came before the board.

G

Asking for permission to use that sidewalk, because he was right. That's correct that.

D

That's correct, miss hildebrand. I remember. I think that was the the situation right request, yeah yeah.

D

And you've had no violations of of anything right, mr curley correct, and how long has this been.

D

Going on about seven or eight years, we've been there for seven years, then seven years, yeah, okay,.

A

Any other questions.

A

Are there anything let's go ahead and I said no, sir, I'm sorry my apologies.

A

um Tammy, are there any conditions you met? Yeah, the health department is still waiting on plan review.

G

um So they haven't given their final approval um and the fire marshal was just awaiting if the.

G

Board was going to require something other in that barricade which it you know that, then he would be.

G

Called in and need to chime in on, but right now it's the way the barricade is set up, that the.

G

Fire marshal said the the planters. He does not need to send an inspector out because people.

G

Can escape in or out you know they can leave that without any anything impeding them from leaving.

G

The area should an emergency rise all right, but if there were permanent fencing where you would have.

G

To go out of the gate, then the fire marshal would step in and need to inspect that area for safety.

D

So the only the only contingent would be the health department is that correct? Mr.

D

Brown health department, but depending on your. If, if the board were to impose.

G

Something other you know a more permanent fencing or something continuous where people, if the board.

G

Ever imposed that then the fire marshal would need to come out, then that would be a condition.

D

No, but I'm saying the health department, health department does still need to look.

G

At plan review, yes need what I'm sorry their plan review. The health department decides.

G

Has not gone out and given their final inspiration, okay, so we would have to be, would have to be.

D

Contingent upon the health department, the health department approval. Okay, thank you.

C

um I think, in order to be at least consistent with the way we've we've handled these things for.

C

Other locations I mean, I think at least having the you know: no, no alcohol beyond.

C

This point signage, I mean I'm looking at the I'm looking at the the picture now and there's not.

C

Again, there's not a lot of fencing man. This thing keeps turning. I don't think.

C

You'd want fencing, I don't think the town would prove that it's not going to look good. I mean the planners. Are the right thing right for them to to do what they want to do.

C

um But but by by doing that it does you know it creates an open atmosphere which.

C

You know you want the open atmosphere right, but we've also got to make sure that we.

C

You know that people understand that you know hey this. This is in fact your confined barrier. Doesn't.

C

Sound like you've had an issue in the past. You know I I I know you guys are on a great business.

C

And you keep an eye on things, but I think just to probably.

C

You know make sure that everybody's legally covered.

C

It seems like just even some simple signage of you know no alcohol. Beyond this point.

C

On those perimeters somewhere was probably just prudence right.

C

Does that make sense what I'm saying mr beaver, I'm certainly not.

C

The attorney, but no it I think it makes sense if that's what the board feels is.

F

For the best safety and welfare of the patrons and- and you know the communities and it helps.

C

Keep the business out of trouble too right I mean we want them to succeed right so.

C

And I think, without that would probably be you know, would not be a.

C

Huge undue burden- I don't think for them to do something like that.

A

A

One one question, or maybe two um did your business fill this application out. We did and.

A

For me, we did, you guys did, and this is your signatures. Licensee, the salt, the.

H

You signed this document. Oh tammy. There should be an updated one with.

H

All three of us isn't there: I do have it, I'm sorry yeah. I have the.

G

uh Signage from um the other two licensees have not signed, but yes, I do have that. Okay,.

I

Sorry any other questions. Well, that's in reference to the fact that all three applications were.

D

The the the verbiage and all three applications were was the same. Is that correct? Yes, so I guess.

A

Okay, they must we'll get to the next one and ask them who who filled it out: okay, yeah! I think they.

C

Clearly coordinated for the because they're all after the same end, which is right, understandable,.

A

A

We have them so we have a condition of the health department. Yes, and um it's been submitted.

H

And we just haven't heard back from them so sure so do we have a do? We have a motion to approve or.

A

Disapprove yeah I'll make a motion to uh approve uh the request for.

C

Extension of premises to uh the wrecks of 22695 washington, street leonard tom maryland.

C

um Conditional upon approval of from the health department and uh the addition of some signage.

C

Around the area just indicating no alcohol beyond this point.

D

So we have a second that motion, so we have a first and we have a second to um motion to grant the.

A

The request from joseph curley, charles breck and daniel morris norris, requesting.

A

Additional permanent outdoor seating, expanding to five parking spaces conditional on on health.

A

And also conditional on some additional signage out in the parking lot area.

A

So that the patrons know that they aren't supposed to go beyond.

A

The the premise excuse me: how many days was that 30 60 90.

A

Let's go with 90, don't we normally go to the max? I think it's, mr watts, his motion.

C

uh As I say, the health department sounds like he's been submitted. That should go, go quick.

C

Certain 90. yeah, let's go 90.. That should give you plenty of time. Yes, sir okay, thank you.

H

A

So we have a first, we have a second for mr cole. The first was from mr watts.

A

All in favor aye aye aye opposed none passes. Thank you. Thank you. All.

C

Thank you guys. Thank you, mr dorse you're, a little bit good good, great, all right, okay,.

A

Okay, second will be antoinette garden, jonathan boss, requesting.

A

Permanent outdoor seating, a sidewalk and three parking spaces, please come forward.

A

Please wear them in yeah.

D

Do you hereby declare and affirm, under the penalties of perjury, that the testimony you're.

D

About to give will be the truth of nothing but the truth. Okay, please have have a seat state. Your.

D

Name and home address, for the record first name is jonathan, last name is boss and my address is.

S

22790 goddard court apartment, 31, lonnie town, maryland two zero, six, five zero! Thank you. Yes, sir.

A

Please present your application, sir. um So same as the rex, we just submitted application for.

S

Permanent seating for the three parking spots out front of antoinette's garden.

S

Oh sorry about that, did you hear me no, not very well.

S

So we just applied for the permanent seating as well for the three outdoor.

S

Parking spaces right in front of antoinette's garden to continue doing as we're doing now.

C

um Mr boss, your application's a little bit different in that your.

C

Outdoor seating, it looks like it extends in front of your neighbor. If you have, you know.

C

Any sort of agreement from your neighbor that they're they're? Okay with that that they yeah.

S

We have a verbal, uh we speak to him. Often he comes by. He has had no complaints about anything.

D

Right, mr watts, what I find confusing here was the fact that.

I

uh Wait a minute at the wrong side of the street.

S

We'll take that too. That's fine! Please also realize he is asking for sidewalk.

G

Seating, he doesn't currently have that so he's asking for the sidewalk seating.

G

And the three parking spaces, so it I mean, but it's it's you guys are directly next to.

D

uh Suite bay, correct, okay, great! That's where that's where! But I was on the wrong side of the.

D

Street well so they're not next to sweep bay, but there's the town dentist in between them and and.

C

So that's what hurts my head, and so so I see the sidewalk seating so based on your diagram.

C

So you're not only looking for the five parking spaces out front, but you're also looking for.

C

I guess seating directly in front of you on the sidewalk, but then what? What is this in the.

C

Diagram here that's in front of town thinnest, so it should just be the tables the tables in front.

S

And then the parking spaces that okay, I'm sorry, where are we has the six tables in front of their.

G

Building, okay, the other four tables and directly in front of town dentist, I believe, belonged to.

G

Sweep bay, that's what they're coming in for! Oh all, right so antoinette's do not haven't, seized.

C

Weren't we told that these boundaries were clear, just saying: um okay, all right so you're, okay, well.

C

I guess so here's the problem, then, is that's. What's not on his application.

C

So, at the very least I would say he needs to resubmit his application in regards to.

C

The sidewalk you mean well in regards to what he's got on his diagram as far as what he's.

C

Requesting it so what I'm saying is, apparently, what he's requesting for extension of premises.

C

Is not what this diagram shows? Okay, right, it looks like everybody shared the same diagram, everybody.

C

Used the same diet, you don't use the same diagram, correct everybody has on the diagram. I have.

G

Submitted you pass this down to. I see three three tables adjacent to the okay. What here correct? Yes,.

C

Okay, okay, but see on my diet here I guess well so on my diagram that we got sent out. So this is.

C

All highlighted right, so that kind of tells me that in in his application right well for that.

C

Matter now, it kind of looks like I'm submitted, okay for everybody, so all right shoot and I.

C

Didn't catch that when we were approving the rex, because I guess the wrecks did use the same thing.

C

But but do you see my concern right is he's asking for he's like? Oh, I just want this little section.

C

Okay, well cool, but the diagram he gave me gives me for everybody and we're not approving him for.

C

All of those spaces we're polluting him for his specific diagram, his spec, so so I mean I.

C

I wouldn't have an issue approving it, but that would be. That would be a condition if I could make.

C

It or unless that needs to be done ahead of time, mr beaver, it could be done if there's understood.

A

If, if everybody here understood what the request was, we could ask for an updated uh another.

A

Diagram- and I I think even the verbiage would have to include those additional chairs on the.

G

Other seats on the sidewalk, the three tables on the sidewalk, because it's not that's if that's.

C

Because that's not in here! No, it's just the three parking spaces which brings us back to the whole.

A

Thing about we didn't this board didn't license the tables at the wrecks on the sidewalk. Yes,.

G

They did years ago years ago. Yes, before our time, that's all I'm saying I'm talking about these.

A

I know, but the discussion was is that we had earlier was the premise.

Q

All right now now this is now this is now. The discussion has is moving from.

A

Extension of premise over here and we're going to sit there and carry stuff across out of off.

A

The license premise across a public parking lot to another location and serve a customer right.

A

No, no sweet bay, that's not correct! No, no! No! No! No you're, not you're, not crossing the parking. Wait.

G

Across the sidewalk but sidewalks right, but the sidewalks based upon based upon their.

F

Application, the sidewalk is also going to be licensed this. I know this one. This one is.

A

The last one I'm just trying to go back and say the last one was the rex.

A

Right right and we did not- we did not have anything to do with the sidewalk.

A

But earlier we had a discussion about the legality of being able to license something. That's not.

A

Necessarily the premise so now we're talking about, but the premise the license premise is whatever.

F

You agree it to be so if the end you have the indoor building and whatever extension thereof,.

F

Is licensed premise so the previous board? With regard to the wrecks, I.

F

Agreed to license the sidewalk for them to serve alcohol at the sidewalk tables right we've now.

F

We've now extended that into the to the parking spaces correct. Yes, the distinction between the.

F

Racks and now antoinette's garden here is they currently do not have inside the sidewalk. The.

F

Sidewalk as well as quote, unquote, license premise right, correct! That's correct he's asking for that.

F

Understand and in addition to the to the parking spaces, so there wouldn't be so the issue of.

F

The issue of transporting alcohol from a licensed premise, to a separate licensed premise: wouldn't.

F

Necessarily come up because they're licensing the whole section understand that: okay, I'm just.

F

Making sure we're clear, I'm asking you I'm still not clear, and we had a discussion earlier today.

A

Did the board have the authority to license the premise that was not under ownership.

A

Of maybe not the town, we don't right this discussion right now. We do not leave the town. I.

F

Believe the town testified, they said they own some of the sidewalks, they don't own others and they.

F

Know they've provided they've provided agreements and easements to locate.

F

Mr boss owns the property, but he's leasing, the property, probably from someone, and he.

F

Gets permission to be able to get a license for the license premise, so the sidewalk becomes the.

F

Only I think, the only distinguishment between those between the actual indoor premise and an.

F

Isolated premise is the fact that you still have a public sidewalk and I think maybe that's what your.

F

Concern is yes, but we have that with the wrecks already. The rex already has that area. That's.

F

Designated for sidewalk usage so and they and they control it, which, which I just discovered today. I.

A

Wasn't aware right so so this would be a similar this. This application would be a similar situation.

F

If their application were granted, I know their issues with the with the site plan, but their.

F

Application were granted, it would be basically exactly the same situation as the rex. You'd have.

F

Sidewalk tables that are served by servers and then you'd have tables in the in the now.

F

Parking spaces that would be served by servers. So what was tammy? Can you tell us what the original.

A

Arrangement was with the wrecks now now those tables are up against the building. The tables.

G

That are up against the building were part of the rex's premise prior to covet right and have been.

G

That is part of their current premise. Okay, what they're asking for what the rex was asking for.

G

um Was to extend that into those five parts understand I'm just trying to understand.

A

What restrictions or what the original agreement was with the wrecks? Unfortunately, I don't recall.

G

If the board made any restrictions, I mean it it. The corporate town of leonardtown is a.

G

Little bit different than when you go outside the corporate town limits where there is no.

G

um Sidewalk seating allowed, especially you know, in anywhere in saint mary's county other than within.

G

The town limits the town makes their own rules and ordinances and they do not restrict that.

D

As I said earlier, I believe the restriction on the wrecks was that they had security at both.

D

Ends on the sidewalk there, when they had an event only when they had the event, the special event.

G

Correct the special event yeah right, so internet gardens ask them for three chairs. I mean three.

A

Tables three flats, I guess um in front of their front of their establishment and the.

A

Six in the parking lot, which is going to be three parking spots,.

D

Now pre-covered, you had no tables on the sidewalk correct, we were, we opened in the.

S

Middle of coving yeah, so everything that we have now we just strictly adhere to the covet rules.

S

And regulations so in regards to the traveling of drinks from inside to outside our clientele, always.

S

Sits and we've again adopted the covet rule where you can order at the bar. You have to be seated to.

S

Be served and we've continued that process we haven't had any issues with the sidewalk.

S

Because again, it's still open and clear, even with the small tables that we have out there and we.

S

Even had signs up at one point for um no alcohol beyond this point as well as smoking too, to you.

S

Know make sure that all patrons were comfortable, whether they be at sweet bay or um at antoinette's.

S

Garden, so it's honestly been a lifesaver so not having. It would hurt us more than having it.

S

Completely so, mr boss, I I I believe the chairman was trying to clarify the number of tables where.

F

He was looking at the diagram. Can you confirm that? Can you confirm that that's correct yeah.

B

That's correct, okay, thank you thanks, so I think the diagram mr mr beaver would have to include.

A

The sidewalk then, when he when, when he gives us a diagram, if, if, if we're going to license.

A

The sidewalk as part of the premise, then each and every one of these diagrams needs to define.

A

That parking and that that that sidewalk is being part of the license premise correct.

F

Again, it's for the boards to just to decide whether the description that's been presented.

F

Is sufficient or not, but I would agree that the description that's been provided in the.

F

Application does not specify um doesn't specify that they're seeking sidewalk.

F

um Approval is there any way to combine this with the one that we have currently, that shows the.

S

Tables out front that we submitted when we got the temporary well, I think we just I mean I think.

C

We just need to simplify the diagram. You know to make it just either by verbiage, because right now.

C

Everybody used the same same verbiage right, and I I probably should have picked up on this when.

C

I was looking at the rex's, but the verbage doesn't necessarily, I guess, I'm okay with generic verbiage.

C

As long as the diagram then becomes very clear and specific, but now when I have a generic diagram.

C

And a generic verbiage if I were to hand this to our attorney and say, can you tell me what he wants.

C

Or any you know, you know any logical person I couldn't handle this and say: do you know what.

C

Exactly antoinette's is asking for you: couldn't you couldn't determine that right? We're able.

C

To determine that, because we're having this conversation but, unfortunately, that that's not.

C

Going to hold legal ground right, so you know I so what I'm struggling with is. Is I don't necessarily.

C

Want to make them go and have to redo their whole application and come back again. Although that's an.

C

Option, I suppose, but can matt, can we question very quickly about the verbiage chris on this.

G

It says that the town has adopted new guidelines that will address safety, ada accessibility now.

G

Ada accessibility normally means that there is enough room on that. Sidewalk.

G

To accommodate somebody in a wheelchair would that be enough verbiage or no, I don't think that's what.

F

The [ __ ] attorney, I'm not sure, that's, not the board member's concern. I think what he's concerned.

F

About is the the generic nature of the verbiage, does not specify the three the space that he the.

F

Space that they're looking to extend into I mean, if you read the verbiage, it's the same.

F

As the prior applicant and just talks about placement of concrete planters so to me- and I.

F

Would agree with with board member watts here that when I read that it doesn't, it doesn't say.

F

To me that they're seeking sidewalk for the three chairs for the for that space, it which that just.

F

Connotates to me and then looking at the looking at the the site plan um again, which is a generic.

F

Site plan: it's not specific enough to be able to identify what they're looking to license.

C

Right right, yeah, so either by either by verbage or by picture something's, got to say.

C

This is what I want and, unfortunately, right now neither of them do and unfortunately I didn't.

C

Necessarily pick up on that with the wrecks just my fault, um but even when I again I look at I.

C

Guess, at least with the wrecks there, their picture was kind of just of their place, so it helped.

C

This picture contains again the town dennis suite bay and his place, so so the picture doesn't even.

C

Narrow it down right it just it's too generic to specifically say this is what I want so whether we.

C

You know, you know whether we can make you know, make it a because the reality is.

C

I think we know what he wants, but his application doesn't say that, and so you know can we can.

C

We approve that and say hey. It's approved, it's approved, assuming we make that motion and to prove.

C

It you know conditional upon clarification being added to the application I mean. Can we do that.

C

Or do we need to say yeah, you really got to go fix this application and come back. I don't necessarily.

C

Want to make them have to do that, but I want to keep us in. I don't know the question becomes what.

F

Are you approving at that point well right, yeah, um if you can word it in such a way that it's.

F

Very clear that to know exactly the area in which you're approving I guess that would be sufficient.

F

But I think that becomes challenging it does so. I have two people in the audience that would like to.

A

P

So I worked with the businesses to do the applications and I guess I thought.

P

That it would be better for you to have the whole picture, since there were multiple ones.

P

I mean this one is highlighted just for antoinette's. That clearly shows the three.

P

Tables um next to the building and six tables in the parking spaces, the application I have doesn't.

C

Have it just it has all of them highlighted right, correct. The rex is highlighted too, so I would be.

P

Happy to shoot I mean I would be happy to go back and see what she's talking about. I mean I would.

P

Be happy to go back and read you the exhibits, saying what you're saying um I would just ask.

P

That they don't have to come back again. I think that we can. He wants yep yep working with tammy.

P

I think I can get you exhibits for each individual one that only shows theirs. I just thought it would.

P

Be easier for you to see the whole picture, so that's the correct one there well. This just shows.

D

Tammy is this going to be contingent upon? The health department also he's got approvals from.

G

Everybody but my question to you: okay, but I see where she's coming from where they highlighted.

B

Each business can we can I'm going to try? Can we make it conditional upon an updated drawing like.

G

We've done with some other businesses yeah. I'm kind of writing out my motion right now and I'm.

C

Going to try to be very specific and clear in that motion of what exactly it is you want right so.

C

I apologize for the delay. Give me you know 30 seconds here to maybe kind of maybe get get my.

C

Verbage right and then and then yeah it'll also be conditional upon just kind of correcting this. But.

C

That way, that way, we can get this moving forward and and right to prevent you from having to redo.

C

This and come back because, if you and if you do decide you want to do, you want to include that.

F

If you wanted signage as well, you probably want to include that too argent myers liked florida.

C

Oh yeah yeah! Yes! Yes! Yes, sorry, if you said, if I wanted to sign it.

F

You can sign it too if you'd like board member.

J

In respect to the whole situation, um I understand you're you're obligated to make sure that all the.

J

T's are crossed and eyes are dotted and things of that nature, but also you have to take the totality.

J

Of the circumstances, which not only the diagram or what is printed but direct testimony such as miss.

J

Mckay and myself giving you that has to put forth some effort in reference to how she described what.

J

Each of the four businesses are wanting to do so if she's described it. It's already kind of like.

J

A ask and answered kind of setting because it's recorded and it's part of the hearing.

J

Wouldn't that apply, I would agree that her testimony is definitely considered, but ultimately.

F

It's the application of the individual licensee that has to be looked at and even with miss.

F

In my humble opinion, on the simple thing described it each each application right and I listen to our.

F

Testimony and and I'm looking at the application and it's still not clear between the two.

F

um Exactly what the applicant is seeking as far as license premise, all right.

A

Thank you, mr beaver.

A

We're working on emotion, that's cool! He's! Writing a book. I appreciate you.

G

And save those notes, because suzie will need him.

A

Yeah, I'm gonna need it too. All right, yeah me too.

C

I'm sure I could probably give him more time. I could probably make this a lot more eloquent, but.

C

I think this will get the point. uh Oh wait hang on sorry. um I just need to write the conditions.

C

And we're not conditional upon health or anybody. No, it's conditionally helped.

A

Okay, only whatever conditions you impose health is checked off good yeah.

C

All right, I'm going to make a motion.

C

C

That we approve uh jonathan boss and antoinette's garden for an extension of priv.

C

Of premise: to include the three tables on sidewalk directly in front of store.

C

And three parking spaces directly in front conditional upon.

C

Signage included no alcohol. Beyond this point,.

C

And an amendment to the drawing to add clarity.

C

Of the of the requested extension.

A

I'm not sure I can all right so I'm going to make a motion.

C

For jonathan boss of antoinette's garden to approve the extension of premise to include three.

C

Tables on the sidewalk directly in front of store and the three parking spaces directly in front.

C

Conditional of signage, no alcohol beyond this point.

C

And an amendment to the drawing to add clarity of the requested extension.

F

Okay and to be presented within a certain period of time to be presented within.

C

90 days to be more than adequate, I would think yeah might be able to do it in about.

C

30 minutes straight 30 seconds: if you want okay, okay, so we have a motion to approve.

A

The extension of premise.

A

A

Of antoinette garden, jonathan boss, requesting permanent outdoor seating on sidewalks.

A

And three parking spaces: this would be um three tables against the building.

A

On the sidewalk, three parking lots with the with a diagram showing six flats, um an updated drawing.

A

Would um have to provide signage to to denote where the um the premise was when people were.

A

Outside the area and um needs to be provided within 90 days, is that everything I think so.

A

Do you understand it, sir understood you're the most important one understanding.

A

You're happy with that: okay discuss whatever you give us thanks. I have none. Second.

A

Second yeah: I know okay, I'm sorry, second I'll, second, that second, okay, discussion.

A

All in favor aye aye. Thank you all right welcome. Thank you. Congratulations. Thank you. Thank you.

S

So yes, yes, sir.

A

Okay, next in the box, sweet bay, restaurant and bar peter lupo, susan dreyer, charles johnson, requesting.

A

Additional permanent outdoor seating, expanding two parking spaces. Please come forward and be.

A

Sworn in afternoon afternoon, do you hereby declare an affirm under the penalties of perjury, that the.

D

Testimony you're about to give will be the truth and nothing but the truth. I do please have a seat.

D

State your names and home address for the record peter lupo, 3049, aberdeen road, annapolis, maryland.

G

Susan dyer 41567 knight road, leonardtown, maryland and chairman. I have a letter from mr johnston.

G

Giving mr lupo authority to speak on his behalf. Okay, thank you. Please present your request. Yes,.

T

Sir, what we're asking for is an extension of our premises with the two parking spaces. If you're.

T

Facing the building to the left of the building directly uh adjacent to our current patio space.

T

um And uh it has four tables: we've made it very nice. We've put a green space there.

T

Trying to make the not feel like you're in a parking lot and we're right beside antoinette's.

T

Garden and we have a delineated space used with our planters that we purchased ourselves.

T

Cleaner boxes separating the two spaces- and I heard the members concern we.

T

Our larvar seating is hostess seating, so you have to come into the restaurant. Ask the hostess to be.

T

Seated you're then presented and taken to the table servers transport. All the alcohol.

T

And we don't have people moving around our space, we have expensive glassware. We don't want that.

T

And we certainly don't want anybody leaving with it.

D

Now your your outdoor seating is.

D

D

Separate from antoinette gardens, there's there's a barrier there. You said yes, sir, that's it huh yeah.

D

um Mr watts, I I find once again that the uh the drawing that is included in this.

D

Package is confusing yeah, you know yeah. We can certainly you know when we make the motion to.

C

Try to clarify that, so this one is a little bit a little bit more challenging, though in just that.

C

Because it's not directly in front of the storefront, I mean I see why it's not directly in.

C

Store that from the storefront because of the the traffic right, but um you know, do we have we have.

C

An agreement from the town owners of town dennis that they're they're cool with that I mean yes, sir.

C

We do do we have that in writing. I don't we have a letter, I don't have a copy of it. I cannot I'm sure.

G

They can present a copy, okay yeah, so I would make anything contingent upon on a letter from them.

C

This one is so this kind of comes full circle to mr chairman's point earlier right, where you know.

C

When we extend the premise that would include a sidewalk right and now you know, your servers are.

C

Transiting from the storefront, you know over the sidewalk, which is an extension of that existing.

C

Premise into the the the parking lot area, you know: you've never left the premise right, and so we can.

C

This because of the the the you know, the zigzag nature that you have to that your weight, stats.

C

Have to take, they are going to be off premise for a period of time going down the sidewalk into to.

C

Your requested seating area right because we're not extending that premise of that.

C

Sidewalk anymore right, unlike antoinette's, where they're just crossing straight in front of it.

C

I would so I don't know what kind of legalities that poses for us. If any, I think the question I.

F

Think the question I have is, I'm I'm just not sure based upon again the application and the.

F

And the drawing what what's being sought is it is the I see I'm looking at the diagram once again.

F

Yeah, I see um the sweet bay 26 feet permanent seating, that's currently there I'm presuming.

F

They're seeking the four tables that are directly on out here in front of town dennis. Are they also.

F

Seeking for the sidewalk as well? Well, I see there's two two squares drawn here: rectangles.

F

Drawn here and something written below it, I don't know what I think the problem arises: the sweep bay.

G

Does have permanent outdoor seating? What's not showing here is the bump out from um park avenue.

G

Almost parallel to the end of a parking space park avenue bump out, took.

G

Two parking spaces or one parking space- it's not shown here um so.

G

Imagine a bump out from the corner of sweep bay the park avenue corner coming all the way out.

G

Into the road and then squaring off to the two parking spaces they're currently.

G

Asking that's all on a the sidewalk goes out that way, it's not being shown so technically.

G

The weight staff I mean I mean I was assumed, walking down a sidewalk would be a lot easier than.

G

Walking in between tables from out straight out sweep bay. So you know the sidewalk issue.

G

Could still be an issue in front of the dentist office? Well, the question I have.

F

Tammy is, is the sidewalk directly in front of sweep bay? Is that currently.

F

A part of their license premise: yeah, the sidewalk that you see here.

F

Right, including the bump out, yes from the from the from the very front of the other restaurant.

F

Yes out, okay, yes, the sidewalk includes their current. Well, no I'm sorry! The sidewalk is not.

G

Included they have to have ada access, so they have a bump out when they, when they first came.

G

Before the board, with their application, they requested an extension of premise out there.

G

To create take two parking spots and make this bump out, so the sidewalk actually is a lot wider.

G

If you're familiar with the opposite corner, where dos amigos was how that bumps out, that's what.

G

Sweep bay has over there and it's not reflected in this diagram. Okay, now they they, according to.

G

The language that I'm seeing in here and I assume the town has made ada accessible all the way down.

G

That sidewalk all the way to park avenue because somebody would have to if they wanted to get to.

G

The other side of park avenue would have to cross through right and then one of these, the.

C

The drawing that I'm looking at these two squares directly in front of town town dentist, the four oh.

C

So this one this they keep getting harder.

P

Once again, we can update the drawing, we can add the seating that they already have on there, but.

P

They on weekends, when the dentist office is closed, they have two tables on the sidewalk.

P

Against the building, okay and so I've actually drawn in the, I can show you the drawing room.

P

Yeah, so how do we prove that on a contiguous, it's all permanent seating now sure.

A

Except for the two two additional tables it becomes. That's on the side. It becomes the.

F

Same situation ultimately right currently they currently they have the sidewalk.

F

That's bumped out directly all that all that is.

F

Servable sure, okay, basically, that will now extend in front of the town. Dentist.

F

And out into the parking area and the town dennis is giving permission for.

B

Town dentist has consented, I have a letter saying they do okay walk down there. I have the challenge.

F

I haven't walked the challenge here is the chat and I'm I'm doing my picasso routine here.

F

um The the the challenge is just knowing where their current premise is versus what they're.

F

Requesting, unfortunately, the diagram again falls a little short right, but my understanding is this:.

F

Is their current right, which is the bump out? Okay, and this is the parking area that.

F

They're requesting and then also this area in front of the town dentist where they have the.

F

Two weekend tables would also have to be included just as the the sidewalk that's in front of there.

F

Currently in front of their establishment, but also is included that the currently under their own.

B

So you're, actually adding like six tables- is that a total of six tables? Yes, mr watts, uh miss mckay.

D

Told me also that the the dentist that is next to sweet bay has granted approval or granted.

D

Permission for sweet bay to occupy that that sidewalk in front in front of his office, okay,.

D

She has a letter and said that she'll forward that to the office that might be another contingent.

C

All right, so let me see if I can word this one.

C

Good luck. Good luck. Great welcome to welcome to my world.

A

Well, while you're worried, um while you're awarding that.

A

And I appreciate you explaining how you're going to serve people.

A

But if next time you come here, you might want to have your own form.

A

um I would I would like to see from each. I would have preferred to see from each applicant.

B

What what they're doing there's there's lessons learned after 18 months or whatever it's been a.

A

Coveted there's things that work. There's things that don't work, you know and it'd be nice to be.

A

Able to see that information and be able to share one another, because there might be some good ideas.

A

That one one business is doing that others aren't um but everybody's not doing the same thing to do.

A

The control- that's true, so just a recommendation yeah, I think that'd be easier for us. For example,.

D

In your application, mr lupo is the fact that the dentist is in between you and antoinette garden, so.

D

That's another complete business entity, you know and while leonardtown.

D

Leonardtown has granted the use of the sidewalk, then it also requires the dentist to approve.

D

That or grant you permission, which makes it completely different than antoinette or the rex.

D

You know you're absolutely correct yeah. Absolutely I don't know if that that really.

A

Ultimately, matters to us, I mean we're, you know the town's actually sitting there saying you can do.

A

This you can do this, you can do this. Our concern is: is it being done legally with the regulations.

A

Alcohol, not anything else, you know if, if it wasn't this town of leonardtown, we would probably.

A

Dig deeper into it was a bar somewhere and they were a standalone and they were near. The piers.

A

And all that stuff, then there's public health and safety regards that we would be involved.

A

In but the town's the one, that's looking at all these safety issues, for you guys so um we're just.

A

Concerned really about where the alcohol is, is this stand in? The premise is it being? Are people.

A

You know being served, you know inside the premise to keep it from the party going somewhere else. So.

B

I think the biggest thing is that they have a post that nothing goes beyond this point, so they know.

B

Where their perimeter is, and your waiters say, okay, you can't go there. You got to stay in here and I.

B

Think they've all done that they've all been I've been to a couple of the places and it seems like.

B

To me, they're they're, totally in control, they you know, but there's always one. There can always be.

B

One, but they have to be aware of that: well, sweet bay and antoinette garden. There's there there's a.

A

Little there there's there's really no separation. I mean it's like one extension of premise.

A

The other extension of premise, you know, that's it's a little more difficult then, but I believe.

B

So that it separates the two businesses right, but it won't necessarily separate people, no you're.

T

Absolutely correct we use just as a as a simple visual measure. We use different glassware, so.

T

Antoinette has a very specific stemware that they use for their wine and they serve a very specific.

T

Type, we use a very distinctive, different type of glassware if one of those people cross over you.

T

Can see in two seconds if they're using that and we we're very clear nicely but very clear, hey that.

T

Has to stay on that side and then truthfully. We also ask people, ask us all the time hi.

T

Because they don't serve the same type of food that we do so they hey. Could I bring my drinks.

T

From antoinette's come sit over here and we say sorry, no, please we're very good friends, but.

T

You have to finish your stuff, there close out your check and then we'll do our best to get.

T

You seated here, but it is something that we have to do and monitor. But I think, as long as.

T

You're vigilant, it's not difficult, and most of the guests are really really considerate.

T

Friends are going to see each other they're going to want to mingle absolutely.

A

Do we have a motion? It has another book. I believe we do all right. So I'm gonna make a motion for.

C

uh Peter lupo, susan dyer and charles johnston of sweet bay, restaurant and bar for the approval.

C

Of extension, of premise to include two tables on the sidewalk and two parking spaces directly.

C

In front of town, the town dentist conditional upon signage of no alcohol beyond this point.

C

On the borders and an amendment to the drawing to add clarity to the request.

C

Also conditional upon the letter from town dentist granting permission for the use of.

C

Space in front of their establishment to be submitted with the application.

C

Within 90 days,.

C

Okay, that's a mouthful now. The hard part me repeating it.

B

Second, that, and you don't have to repeat it- we have a motion to approve the extension of.

A

Premise for sweet bay, restaurant and bar peter lupo, susan dreyer, charles.

A

Johnson requesting additional permanent outdoor seating expanding two parking spaces. In addition,.

A

um It's two tables on the sidewalk in front of the um town, dentist and um conditional on into spaces.

A

And in two parking spaces, which would have four flats in it um conditional on an amended drawing.

A

um Signage to um to show when people are off premise to prevent that from happening.

A

Hopefully, help from not happening, um and it's a um I see a letter from the doctor and lastly,.

A

90 days to um to get this accomplished I'll, second, that we have a second discussion, anybody.

A

Okay, all in favor, aye, aye mays eyes have it's unanimous. Thank.

A

You thank you. Good luck! All right! Thank you guys. Good luck! All right.

C

I think it was work today.

A

Okay, next social coffee house and speak easy sean coogan, jr, requesting temporary additional outdoor.

A

Seating through october 31st 2021 expanding into two parking spaces. Please come forward, be sworn in.

D

Do you hereby declare an affirm under the penalties of perjury, that the testimony you're.

D

About to give will be the truth and nothing but the truth. Please have a seat and state your name.

D

And home address for the record sean coogan, 24, 420, hillcrest, drive hollywood maryland 20636.

A

Thank you. Please present your your application, sir, so um asking for the continuance of our.

L

Temporary outdoor seating uh that occupies two parking spaces uh on fenwick street directly in.

L

Front of our business or my business, we currently have have had um an extension of premise for the.

L

Sidewalk that um two tables- um which I don't know if that's actually on here right at the moment, but.

L

We currently have the sidewalk extension of premise granted by the board and we're just.

L

Asking for the parking spaces that connect to that sidewalk to extend our already extended premise.

C

So you're asking for two: I'm sorry, I'm just confused you're asking for two more spaces than.

C

What you already have, no, we don't have any. uh Our current extension of premise is the sidewalk that.

L

Includes two tables: we're asking for the parking spaces that connect to that sidewalk on fenwick.

L

Street they currently, they currently have them, but they're under covered. They were, they were under.

F

Code now he's asking yeah: we've had this permanent the whole time, the permanent toilet. I'm sorry.

L

If I was unclear, I was the sidewalk has always ever since we've been doing this for four years.

L

Has been our extension of premise right under covid, um we had uh those parking spaces through.

L

The entirety of it and we're just asking to make that extend it further until october 31st at a.

L

Minimum october 31st yep, okay: why why the uh the deadline on octo october 31st, uh the town, we're.

L

Working with um they just passed guidelines just this past monday and we're working with them on.

L

Because if you see on the diagram, where social coffee house and the little kind.

L

Of rectangle around it, the parking space next to us is in front of the neighboring business.

L

Okay, so we're trying to work on how to handle that how to deal with the town has given us.

L

For until october 31st to come up with a better plan on that part for the town.

L

To decide on how you you will have to come back before us again. Yes, sir: okay.

C

Yep yeah, that was that was just my confusion because I was like I thought that was what.

C

You're doing now, but and yes because we've we've been doing this this whole time asking.

C

To go till october 31st, yes, okay, sure of all the ones we've done today. That should be.

C

Easy and you're only asking for like two parking spaces right yeah. It's the.

L

Equivalent of two parking spaces: yes, uh on fenwick street's, a little different.

L

Than the other ones you already looked at, because these are parallel parking spots.

L

um Which I feel like I should ask for more because nobody wants to parallel parker. You know, but.

L

You know, but anyway, yeah just these two parking spots, which you already occupy. Yes, sir.

M

Okay questions. Sorry, I was just gonna add a little caveat.

L

The like, I said for four years, we've been handling on the sidewalk side of things.

L

And it's gone incredibly well, uh never had an issue, we don't actually have any signage.

L

For alcohol, because we are on a sidewalk that in the way that we have a bump out down there, that.

L

It's ada compliant, um but it is just it. We are still utilizing a sidewalk and so having signage.

L

Like right in the middle of a sidewalk to like so um I definitely understand the concerns on.

L

That, but also at the same time, just being in the town like it's uh it's difficult to just.

L

Have signage in your face at any time, so we just try to be, as as uh aware of you know,.

L

Whenever somebody's seating there- and we also have seating out there from the moment, you know we're a.

L

Little bit different than the other restaurants that we open at six something in the morning.

L

So we have seating out there all day long and it could be no different than somebody.

L

Drinking a coffee out there or they they may have something else alcohol-wise so.

L

um We've never had an issue with anyone. Really it's always gone really well and being able to.

L

Just communicate with the guests, everyone is pretty pretty cognizant of that. That fact, and.

C

Yeah and that's and it's awesome and it speaks a lot to our. You know the to the people in the.

C

In the town right that that, unfortunately, it only takes that one goofball with everything.

C

I saw no diving sign in two inches of water.

L

And you know I did uh you know I. I sat down with michelle um uh to go over this application, so even.

L

Though all of the applications are kind of the same all of our restaurants. We are very fortunate.

L

To have such a proactive town administrator to help us do this, um I think that speaks a.

L

Little, unfortunately, it's a little generic in the application, but I think that also speaks to just.

L

How much the town and everyone wants us to do this so um sorry about the the you know, uniformity of.

L

Each application, but we thought that, um because it went so easily on the temp, when we asked for.

L

Temporary during covid we just kind of thought we could do that again. You know with our application.

I

A

C

This diagram at least matches what he is. Yes, that's what I say it'll be easier: okay,.

A

Or if we move into the motion part of this asset, if there's any anything contingent, the health.

G

Department is still going through their review, so he still needs health department, approval.

G

And that's about it: okay,.

C

Discussion well so what'll make this interesting right. So I mean if we make contingent on pond.

C

Health, when, if we do 90 days, that's going to put him past it, where he's his application, is what.

C

um Until october 31st yeah, I mean he's only asking for october 31st. What is health department.

G

I have no clue dude, I mean honestly, if you guys want to do it 30 days. I think.

L

That's fine, of course the health department's probably got the hands full at the moment, but.

L

The uh the health department's already given um their approval on this for the first round.

L

Of the temporary stuff, so I don't see any reason why they would have any issues with.

L

Anything it's just a matter of getting them out. You know getting the process through so.

L

I mean if you want to do a 30 days, I'm not going to 60 days 60 days.

B

I don't foresee any issues with the health department, but not august 31st, yet.

B

Right september october, so give them 60. yeah we'll do 60. all right. That's good!.

C

Okay, um there's no other questions. I got questions yes, sir. No.

D

You don't have no, no so.

A

I'm just curious about the accident. I was waiting for it to come up. I mean I haven't.

A

Seen no reports on it there's a video that I've been able to watch in youtube. It was.

A

You know was it reported? Yes, it's a very frustrating situation and.

L

Unfortunately, um the gentleman that did that.

L

Claimed it was a medical situation that caused him to have a seizure.

L

And he has no recollection of the event, um and so they never went through with prosecuting it.

L

Even though the person drove further down the street stopped ripped the traffic cone that he.

L

Because we also had traffic cones in front of the area to be try to draw even more attention.

L

To the area he wrote the traffic cone out from underneath the vehicle discarded it kept driving.

L

A witness was following chasing after him, our department or the state police. They investigated.

L

It yeah the sheriff's department did and it just at the end of the day, the state's attorneys.

L

Decided that because they had a doctor that said yes, three years ago, he had a medical emergency or.

L

A medical situation where he fell asleep at work and they said it may have been a seizure. They said.

L

They didn't feel like trying to go forward with it, so I it was out of my hands at.

L

That point, and it just kind of, is what it is yeah. Unfortunately, that's where it's left.

L

We never got any compensation or anything out of it, that just kind of.

L

It just it's what it is yeah yeah, but I believe that the town representative said they've put new.

C

Different barriers: did I hear you correctly? They they've they've, put up new barriers. He has been.

C

He still has barrels yeah, so I have barrels and on top of the not on top of it, but in front of it. I.

L

Have uh the concrete planter that the town uh each barrel weighs um they're 53 gallon barrels, they're.

L

uh Filled with water they're between six to seven hundred pounds uh and then on top of it.

L

A concrete planter, that's about 500 pounds yeah anyway, all that stuff in front of them, so yeah.

L

So I guess point being steps have been taken since that incident to try to further reduce.

L

We uh we've also done the town has worked on trying to slow down the traffic as well.

L

On that street, so they put a stop sign in on fenwick street. Now we're working on doing.

L

A bump out kind of like what sweet bay has to actually bring a permanent, concrete sidewalk that.

L

Extends through that area, putting a crosswalk in to connect to an alley there. So there's a lot of.

L

Stuff, that's still in the in the works to happen there. But yes, we have. We have been doing stuff.

A

One last question:.

A

um If it became permanent, has anybody talked about snow removal and all that how's that.

A

Going to happen with the parking lots um occupied and the plow going through it.

A

We've had that uh when we had snow this past, um you know michelle's willing to speak, but actually.

L

And uh I guess, being friends with the company that does the snow removal it helps, but uh they.

L

Actually are great, uh they came through and they they even took the uh the snow off the top of.

L

Our barrels so anyway yeah! No, I don't there's it's no. Bearing on this I'm just curious. Now we.

L

Now we well, I will say, one of the snow days uh we actually ourselves. We sat out there and and.

L

Hung out at the tables, while it was snowing, uh just because, like with cove and everything like.

L

What else are you gonna do to sit out here in the snow, and uh so we kept it kept? It.

L

Wiped off, but no the road crews are great and then we just clear the snow ourselves.

D

Just reverse: reverse the blade and throw it up on the other side wall. Yeah: hey. Do you pin the motion.

A

Would you like me to make a motion? Yes go right ahead, I figured you were over there pinning it.

C

And I was well, I didn't even have to pin this one, this one's pretty straightforward. I think so.

C

I'm gonna make a motion uh for sean coogan, junior of social house, social coffee house and speakeasy.

C

For an approval of uh their extension of premise until october 31st, as requested.

C

Pending approval of health department or within the next 60 days,.

A

Okay, so we have a motion to approve the extension of a premise for the social coffee house and.

A

Speak easy sean, coogan, jr, requesting temporary additional outdoor seating through october 31st.

A

2021 by expanding into two parking spaces, which they are already occupying under kovit.

A

And they're just asking to make it permanent until october, 31st contingent on health department and.

A

60 days to to get that in to us for the health department, is that correct.

B

I'll, second, that we have a second from barbara discussion.

A

None all in favor, aye aye, some unanimous.

A

Thank you. Good luck. Thank you guys, all right thanks sean! Thank you.

A

Okay, excuse me: okay, abc liquors and lounge. Thank you to make it brilliant. You know they've always.

G

Been withdrawn for me, jamaican grill, I I I told you but jamaican grill has been.

G

Withdrawn they'll be back here next month. Okay, jamaica grill is withdrawn. Yes, is that correct.

D

Okay, abc liquors and lounge gary and marie um rogo, requesting permanent outdoor.

A

Seating in grassy area and rear of building- please wear them in sir. Yes, do you hereby.

D

Declare and affirm, under the penalties of perjury, that the testimony you're about to give will be.

D

The truth and nothing but the truth. Yes, yes, please have a seat state. Your name and home address.

D

For the record, my name is matthew: rogo address, 23560, fdr boulevard, california, maryland 20619.

Q

Gary rogo, four four, eight one: five shady hello lane, california maryland 20619, and I I have a.

G

Letter from uh mrs rogo, giving both gary and matt permission to speak on her behalf. Okay,.

R

um I have some uh a handout I'd like to give teacher you guys just with.

R

Some pictures and stuff that show kind of what we're trying to do to make it a little easier.

R

Is that fine is that okay? Is this what what we've got yeah, but I have some more pictures.

G

You have something just in case you guys had any questions or what we were trying to do.

D

D

Thank you kind of like the tavern. I can't tell you.

Q

That's so cute, okay, thank you.

R

So basically, um when uh kovid really hit hard and they offered the.

R

Temporary extension of premise we got, we were able to get that for temporary seating.

R

Which, um if you look on the first page of that handout, you'll see the black the building with.

R

The black roof is where nicoletti's pizza is located. This building with the white roof.

R

Is abc and we take up four storey units. The other four store units contain three other businesses.

R

Behind our building there's a service road that is it the all. The dumpsters are back there.

R

And the business owners tend to park their cars right up against the wall there. um So on page, four.

R

If you're, looking you're looking towards 235.

R

We have barriers that block the road off to vehicle traffic while we're open um these.

R

Cars that are parked in that middle pitcher are outside the barriers. That's business owners, cars.

R

Page five you're looking south towards the new water tower and you can see where the.

R

Roads blocked off. We currently have three picnic tables in the blocked off section.

R

um On page six you'll see what you would be if you're sitting in a tent looking.

R

At the back of the building, that's the picture on the left, the middle pitcher.

R

The door on the right is our main entrance. The door on the left is a fire exit only and.

R

The view to the west is, if you're, coming out our back door or entrance. Those are.

R

The two picnic tables- and there is a row of trees that separate us from the nissan dealer.

R

The barriers we were using right now are located in the top.

R

Left corner on page seven: um we would, if we're, if approved, we would go with something more sturdy.

R

Like the picture at the bottom, um those are four feet high by eight feet, wide.

R

And uh the road is approximately if I have this 28 feet, so we were thinking.

R

Four, for each side would put us right up to a privacy fence that we would like to put up.

R

Best place to see besides the site plan where that fence would go, is on page six that last.

R

Picture on the right, the fence would come in right to the right of this tr. This large tree.

R

And it would run 35 feet behind right on our property line and then come down to the road.

R

So what we're asking for permission for and um the we have approval from the owner of the shopping.

R

Center um in writing um to allow us to block that service road off um during hours that were open.

R

um So at the end of that service, road there's an extremely sharp right hand, turn which prevents.

R

Any large trucks from getting back there, so none of the businesses take deliveries back there.

R

Trash trucks come, but they come and are gone by the time we open every morning.

R

So we're asking permission to be able to keep that road closed while we're open and allow people to.

R

Cross over it to enter the area where the picnic tables are, which would allow 24 people to sit.

R

We've been doing this over a year, we have not had any violations, we've had no incidents.

R

We have not had any complaints from the nissan dealer or anybody else in the shopping center.

R

That road was never used for vehicle traffic just because smokers used to congregate out that.

R

Back door at night time, so we never permitted cars to come through that way to use that as.

R

An actual way to get you know around the parking lot or anything, um so we, the the.

R

The fence that we want to put