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August 10, 2016 Northwest Office Building, Conference Room 117, Harrisburg, Pa PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, AUGUST 10, 2016 NORTHWEST OFFICE BUILDING, CONFERENCE ROOM 117, HARRISBURG, PA Tim Holden, Chairman Office of Chief Counsel Office of Retail Operations Michael Negra, Board Member Bureau of Licensing Bureau of Product Selection Michael Newsome, Board Member Bureau of Human Resources Financial Report John Metzger, Executive Director Bureau of Accounting & Purchasing Other Issues Charlie Mooney, Chief Operating Officer John Stark, Board Secretary PUBLIC MEETING – 11:00 A.M Board Secretary John K. Stark indicated that a quorum of the Board was present and Chairman Holden called the meeting to order. CALL TO ORDER ...................................................................................................................... Chairman Holden Pledge of Allegiance to the Flag OLD BUSINESS ................................................................................................................................ Secretary Stark A. Motion to approve the previous Board Meeting Minutes of the July 20, 2016 meeting. Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously approved (3-0 vote) previous Board Minutes. PUBLIC COMMENT ON AGENDA ITEMS There was no comment on the printed agenda items. NEW BUSINESS From the Office of Chief Counsel ............................................................................... Rodrigo Diaz, Chief Counsel (1) CH & JI, INC. Appeal of Adjudication and 6525 Rising Sun Avenue Order of Administrative Philadelphia, Pennsylvania 19111-5246 Law Judge Restaurant Liquor License No. R-873 LID 53541 Citation No. 15-1872 Note: Board Minutes are not officially approved until all required signatures are affixed. Michelle Fox, Executive Deputy Chief Counsel, was asked to explain the facts and circumstances surrounding this matter. Ms. Fox explained the matter as follows. The Pennsylvania State Police, Bureau of Liquor Control Enforcement (“BLCE”) issued a citation charging Licensee with six different counts: operating without a valid heath permit; failing to require patrons to vacate the premises at 2:30 a.m.; permitting patrons to possess alcohol after 2:30 a.m.; selling alcohol after 2:00 a.m.; selling alcohol on Sunday after 2:00 a.m.; and permitting smoking. An evidentiary hearing was held during which the administrative law judge (“ALJ”) sustained all six counts of the citation. The ALJ imposed a $150.00 fine with regard to the first count and a 14-day suspension with regard to the other counts. Licensee filed a timely appeal from the ALJ’s decision. On appeal, License did not contest the ALJ’s decision to sustain the charges, but instead sought to have the suspension reduced from 14 days down to 5 days. Ms. Fox explained that since the penalties imposed by the ALJ fall within the permissible penalties as set forth in the Liquor Code, the Board’s appellate scope of review does not allow it to alter the penalties. Thus, the Office of Chief Counsel recommended that the ALJ’s decision be affirmed on all counts with the suspension dates being reset. Board Member Negra noted that in a transfer case there would be an opportunity to have a suspension converted to a fine, and he questioned whether that possibility would exist for this type of matter. Ms. Fox and Jerry Waters, Sr., Director of Regulatory Affairs, responded by indicating that such option would not be available in a citation proceeding and also noted that, even in the context of a transfer, only the new applicant would have the ability to seek a conversion. Board Member Negra then commented that it seems like Licensee may have been double-charged for some of the infractions. Ms. Fox responded by explaining that the BLCE had the discretion to determine what charges to include in the citation when it was issued. Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Affirm the ALJ. (2) 1028 EGR, LLC Appeal to Commonwealth 1028 East Governor Road Court Hershey, Pennsylvania 17033-9589 Restaurant Liquor License No. R-7997 LID 69792 Docket No. 2015 CV 5988 MP (Dauphin County) Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) – Do Not Appeal to Commonwealth Court. 2 Note: Board Minutes are not officially approved until all required signatures are affixed. (3) RWV, INC. Appeal to Commonwealth t/a VALENTINE’S RESTAURANT AND LOUNGE Court 1101 Pittsburgh Street Springdale, Pennsylvania 15144-1724 Restaurant Liquor License No. R-8734 LID 51752 Docket No. SA-15-00960 (Allegheny County) Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) – Appeal to Commonwealth Court. (4) AMBER4 GREEN Petition for Review in 2350. North Smedley Street Unemployment Philadelphia, Pennsylvania 19132 Compensation Decision No. B-16-09-D-2959 Claim Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) – Do Not Petition for Review. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) 201 Main Street, LLC New with Secondary Service Area EDR-43 (LID No. 73025) Case No. 16-9066 & Request to Conduct Another King of Prussia Town Center Business on the Licensed 200 Main Street Premises - Economic Development Upper Merion Township Restaurant King of Prussia, Montgomery County Motion Made: Board Member Negra Seconded: Board Member Newsome Chairman Holden noted his understanding that even though Licensee made attempts to contact a significant number of other licensees, there are 37 licenses currently in safekeeping in Montgomery County that could potentially be transferred. (Jerry Waters, Sr., Director of Regulatory Affairs, confirmed that there are currently 37 licenses in safekeeping.) Chairman Holden also indicated that it has always been his understanding that economic development licenses are intended to promote economic growth in underdeveloped or underutilized areas, and he expressed his belief that this application does not meet that criteria. Board Decision: Unanimously agreed (3-0 vote) to Refuse New Economic Development License. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (2) A & A Beverage Warehouse, Inc. Extension of License – Distributor t/a A & A Beverage Warehouse D-3660 (LID No. 36294) Case No. 16-9037 949 Adams Avenue Scranton, Lackawanna County Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Approve Extension of License. (3) Angkor Food Co., Inc. Double Transfer – Eating Place E-953 (LID No. 71111) Case No. 16-9014 Malt Beverage 1234-1236 West Girard Avenue Philadelphia, Philadelphia County Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer. (4) Cigar Bar Pittsburgh, LLC Extension of License & Requests R-947 (LID No. 70993) to Conduct Another Business on 6302 Robinson Center Drive the Licensed Premises & Dual Robinson Township Employment – Restaurant Pittsburgh, Allegheny County Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Approve Extension of License and Requests to Conduct Another Business on the Licensed Premises and Dual Employment. (5) LCS341921, LLC “Intermunicipal” Double R-17365 (LID No. 80507) Transfer & Request for Interior 370 West Main Street Connections with Another Upper Leacock Township Business – Restaurant Leola, Lancaster County Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer and Requests for Interior Connections with Another Business. 4 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) M & P Food, Inc. Double Transfer & Requests for E-229 (LID No. 73301) Interior Connections with Another 800 Bainbridge Street Business & to Conduct Another Philadelphia, Philadelphia County Business on the Licensed Premises – Eating Place Malt Beverage Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer and Requests for Interior Connections with Another Business and to Conduct Another Business on the Licensed Premises. (7) Northern York County Historical & New & Requests to Conduct Other Preservation Society Businesses on the Licensed LID No. 81208 Premises & Dual Employment – 227 North Baltimore Street Distillery of Historical Significance Dillsburg, York County Motion Made: Board Member Negra Seconded: Board Member Newsome Board Decision: Unanimously agreed (3-0 vote) to Approve New Distillery of Historical Significance and Requests to Conduct Other Businesses on the Licensed Premises and Dual Employment. Following the vote on this matter, Board Member Negra asked Jerry Waters, Sr., Director of Regulatory Affairs, whether there are currently any other Distilleries of Historical Significance licensed in Pennsylvania, and Mr. Waters confirmed that there are not. Chairman Holden offered his congratulations and best wishes to the Northern York County Historical & Preservation Society. He also noted that the legislative staffs of Senator Pat Vance and Representaive Mike Regan were influencial in providing support to the Society, and he thanked them for their participation
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