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June 10, 2015 Northwest Office Building, Conference Room 117, Harrisburg, Pa PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, JUNE 10, 2015 NORTHWEST OFFICE BUILDING, CONFERENCE ROOM 117, HARRISBURG, PA Tim Holden, Chairman Office of Chief Counsel Bureau of Retail Operations Joseph E. “Skip” Brion, Board Member Bureau of Licensing Bureau of Product Selection/Marketing Michael Negra, Board Member Bureau of Human Resources Financial Report John E. Metzger, Executive Director Bureau of Purchasing and Contracting Other Issues 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 May 13, 2015 meeting. Motion Made: Board Member Negra Seconded: Board Member Brion 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 ....................................................................... Faith Smith Diehl, Chief Counsel (1) BCLT, INC. Petition for Allowance of Appeal to 1400 Fifth Avenue Supreme Court Pittsburgh, Pennsylvania 15219-6216 Restaurant Liquor License No. R-10019 LID 49876 Docket No. 1380 C.D. 2014 (Commonwealth Court) Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) – Do Not Pursue Petition. (2) BBRM 141 SECOND STREET, LLC Appeal to Commonwealth Court t/a McMonagle’s & Pizza Joe 6 Packs 153 Union Street California, PA 15419 Restaurant Liquor License No. R-6960 LID 52206 Docket No: MD-1035-12 (Washington County) Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) – File Appeal Nunc Pro Tunc to the Commonwealth Court. (3) DCDP, INC Proposed Conditional Licensing 136-139 Pittsburgh Road Agreement to Allow for the Butler, Pennsylvania 16001-0000 Renewal of the Liquor License Hotel Liquor License No. H-5857 LID 47164 Docket No. 2014-40275 (Butler County) Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (4) Todd’s By The Bridge, Inc. Proposed Conditional Licensing 5200 Walnut Street Agreement to Allow for the McKeesport, Pennsylvania 15132-6324 Renewal of the Liquor License Restaurant Liquor License No. R-1757 LID 59495 Docket No. 14-000575 (Allegheny County) Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. 2 Note: Board Minutes are not officially approved until all required signatures are affixed. (5) Kennys Inc. Request to Modify Conditional 1235-37 East Passyunk Avenue Licensing Agreement Philadelphia, Pennsylvania 19147-5060 Restaurant Liquor License No. R-9570 LID 59297 Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Modified Conditional Licensing Agreement. (6) Plaza Garibaldi Inc. Request to Modify Conditional 935 Washington Avenue Licensing Agreement Philadelphia, Pennsylvania 19147-3824 Restaurant Liquor License No. R-4887 LID 63645 Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Modified Conditional Licensing Agreement. (7) Vetri Chancellor LLC Request to Modify Conditional 1615 Chancellor Street Licensing Agreement Philadelphia, Pennsylvania 19103-5313 Restaurant Liquor License No. R-7522 LID 70564 Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Modified Conditional Licensing Agreement. (8) EDMUND A. SKWIRUT Administrative Law Judge Appeal t/a Alfie McDuff’s 711 Hawthorne Street Vandergrift, PA 15690-1525 Restaurant Liquor License No. R-16728 LID 18171 Citation No. 14-2423 Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Affirm the Administrative Law Judge. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (9) LAVDAS, INC. Administrative Law Judge Appeal t/a Prive 246 Market Street Philadelphia, PA 19106-2817 Restaurant Liquor License No. R-11351 LID 60016 Citation No. 13-0657 Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Affirm the Administrative Law Judge. License remains revoked. (10) LAVDAS, INC. Administrative Law Judge Appeal t/a Prive 246 Market Street Philadelphia, PA 19106-2817 Restaurant Liquor License No. R-11351 LID 60016 Citation No. 13-1634 Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Affirm the Administrative Law Judge. License remains revoked. (11) Limited Wineries Proposed Regulatory Changes Rodrigo Diaz, Executive Deputy Chief Counsel Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Proposed Regulatory Changes. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) Courtyard Management Corporation Request to Sell Other Items on the t/a Courtyard by Marriott Licensed Premises – Hotel H-5486 (LID No. 7771) 762 Lancaster Avenue Tredyffrin Township Wayne, Chester County 4 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Request to Sell Other Items on the Licensed Premises - Hotel. (2) Giant Food Stores, LLC “Intermunicipal” Double R-21047 (LID No. 71327) Transfer & Requests for Interior 224 Hardwood Drive Connections with Other East Buffalo Township Businesses & to Conduct Other Lewisburg, Union County Businesses on the Licensed Premises – Restaurant Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer & Requests for Interior Connections with Other Businesses & to Conduct Other Businesses on the Licensed Premises. Chairman Holden noted there are no fuel pumps located at this location. (3) Infield Productions, LLC Request for Hearing Nunc Pro R-14870 (LID No. 63231) Case No. 15-9032 Tunc After Revocation – 728 McAlpine Street Restaurant Avoca, Luzerne County Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Deny Nunc Pro Tunc Request. (4) Nick CFM, LLC “Intermunicipal” Double R-3571 (LID No. 70480) Case No. 15-9027 Transfer – Restaurant 366 Wyoming Avenue Kingston, Luzerne County Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Agreed (2-1 vote) to Approve Transfer. Chairman Holden voted against the transfer. Chairman Holden noted that the fuel pumps are located 44 & 63 feet from the licensed premises. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. (5) PQ Wayne, Inc. “Intermunicipal” Double t/a Le Pain Quotidien Transfer – Restaurant R-10272 (LID No. 70722) Case No. 15-9046 223 East Lancaster Avenue Radnor Township Wayne, Delaware County Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer with Conditional Licensing Agreement. (6) Tolani Cabinets, Inc. “Intermunicipal” Double Transfer t/a Aryan Express Mart & Request for an Interior R-15102 (LID No. 69846) Connection with Another 904 South Main Street Business (Request to Modify Old Forge, Lackawanna County Plans) – Restaurant Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Agreed (2-1 vote) to Approve Transfer & Request for an Interior Connection with Another Business with the Modified Plans. Chairman Holden voted against the transfer. Chairman Holden noted that the fuel pumps were originally 33 feet away but are now 15 feet from the establishment. (7) Weis Markets, Inc. Extension of License & E-381 (LID No. 57492) Requests for Interior Connections 5040 Route 873 with Another Business & to North Whitehall Township Conduct Another Business on Schnecksville, Lehigh County the Licensed Premises - Eating Place Malt Beverage Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed (3-0 vote) to Approve Extension of License & Requests for Interior Connections with Another Business & to Conduct Another Business on the Licensed Premises. 6 Note: Board Minutes are not officially approved until all required signatures are affixed. (8) Weis Markets, Inc. “Intermunicipal” Double R-1238 (LID No. 70603) Case No. 15-9043 Transfer & Requests for Interior 15260-2 Kutztown Road Connections with Another Maxatawny Township Business & to Conduct Another Kutztown, Berks County Business on the Licensed Premises – Restaurant Motion Made: Board Member Negra Seconded: Board Member Brion Board Decision: Unanimously agreed
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