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August 28, 2013 Northwest Office Building, Conference Room 117, Harrisburg, Pa PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, AUGUST 28, 2013 NORTHWEST OFFICE BUILDING, CONFERENCE ROOM 117, HARRISBURG, PA Joseph E. “Skip” Brion, Chairman Office of Chief Counsel Bureau of Real Estate Robert S. Marcus, Board Member Bureau of Licensing Bureau of Product Selection/Marketing Office of CEO Bureau of Human Resources Financial Report John Stark, Board Secretary Bureau of Purchasing and Contracting Other Issues PUBLIC MEETING – 11:00 A.M Board Secretary John K. Stark indicated that a quorum of the Board was present and Chairman Brion called the meeting to order. CALL TO ORDER ......................................................................................................................... Chairman Brion Pledge of Allegiance to the Flag OLD BUSINESS ................................................................................................................................ Secretary Stark A. Motion to approve the Previous Board Meeting Minutes of the August 7, 2013 meeting. Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously approved (2-0 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) Escoffier, Inc. Proposed Appeal to Commonwealth R-5353 (LID 54195) Court 336 Mill Street Danville, PA 17821-1984 Docket No. CV-190-2013 (Montour County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Do Not Appeal. Note: Board Minutes are not officially approved until all required signatures are affixed. (2) 3904 Infinite Corp. ALJ Citation Appeal R-3858 (LID 55422) 3904 Frankford Avenue Philadelphia, PA 19124 Citation No. 12-0257 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Dismiss Appeal; License Remains Revoked. (3) Brook Derek, Inc. ALJ Citation Appeal t/a Riley’s H-1074 (LID 46791) 4505 Main Street Whitehall, PA 18052 Citation No. 12-0308C Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Dismiss Appeal; Affirm ALJ. (4) Brook Derek, Inc. ALJ Citation Appeal t/a Riley’s H-1074 (LID 46791) 4505 Main Street Whitehall, PA 18052 Citation No. 12-0823 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Dismiss Appeal; Affirm ALJ. (5) Caravan II Albergo, LLC ALJ Citation Appeal H-6153 (LID 60815) 1465 Sampson Street New Castle, PA 16101 Citation No. 10-1204C Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Dismiss Appeal; Affirm ALJ. 2 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) Caravan II Albergo, LLC ALJ Citation Appeal H-6153 (LID 60815) 1465 Sampson Street New Castle, PA 16101 Citation No. 10-1647 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Dismiss Appeal; Affirm ALJ. (7) Finacaro-Maglio, Inc. ALJ Citation Appeal t/a Noah’s Ark R-13575 (LID 16212) 1548-50 McKean Street Philadelphia, PA 19145 Citation No. 12-1610 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Remand to ALJ for Evidentiary Hearing. (8) JHC of York, Inc. ALJ Citation Appeal t/a Jamie’s Courtside R-18786 (LID 53065) 18 South Belmont Street York, PA 17403-1915 Citation No. 12-1253 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Reverse ALJ and Remand to ALJ to Impose Penalty. (9) JHC of York, Inc. ALJ Citation Appeal t/a Jamie’s Courtside R-18786 (LID 53065) 18 South Belmont Street York, PA 17403-1915 Citation No. 12-1308 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Reverse ALJ and Remand to ALJ to Impose Penalty. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (10) La Tambora Café Restaurant, Inc. ALJ Citation Appeal R-6312 (LID 61439) 738-740 Adams Avenue Philadelphia, PA 19124 Citation No. 12-0208 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Affirm ALJ. (11) La Tambora Café Restaurant, Inc. ALJ Citation Appeal R-6312 (LID 61439) 738-740 Adams Avenue Philadelphia, PA 19124 Citation No. 12-0825 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Affirm ALJ. (12) Profer, Inc. ALJ Citation Appeal t/a Helen’s Tavern R-3249 (LID 48024) 131 W. Main Street Leola, PA 17540 Citation No. 13-0274 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Reverse ALJ and Remand to ALJ to Impose Penalty (13) Roman’s Lounge & Catering, Inc. ALJ Citation Appeal R-16295 (LID 32066) 101-103 South Broad Mountain Avenue Frackville, PA 17931 Citation No. 11-1942 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Affirm ALJ. 4 Note: Board Minutes are not officially approved until all required signatures are affixed. (14) Roman’s Lounge & Catering, Inc. ALJ Citation Appeal R-16295 (LID 32066) 101-103 South Broad Mountain Avenue Frackville, PA 17931 Citation No. 12-0759 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) – Affirm ALJ. (15) C&J Entertainment, LLC Proposed Renewal with Conditional R-7997 (LID 61715) Licensing Agreement 312 Mill Street Hershey, PA 17033-1655 Docket No. 1250 CD 2013 (Commonwealth Court) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. (16) Linfield National Golf Club, Inc. Proposal to Renew License - PGR-311 (LID 63018) Tax Clearance Obtained 66 Church Road Royersford, PA 19468-1010 Docket No. 2013-02519 (Montgomery County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Renew License (17) Westy Beer Distributor, Inc. Request to Modify Conditional ID-1235 (LID 8765) Licensing Agreement 420 St. John’s Church Road Camp Hill, PA 17011-5735 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Modification to Conditional Licensing Agreement. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. (18) Zippers, Inc. Request to Terminate Conditional R-15970 (LID 63491) Licensing Agreement 55 East Hanover Street Gettysburg, PA 17325-7755 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Terminate Conditional Licensing Agreement. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) 849 Philly 21, Inc. Request for Hearing – Nunc R-479 (LID No. 63501) Case No. 13-9083 Pro Tunc - Renewals & 849 East Luzerne Street Validation – Restaurant Philadelphia, Philadelphia County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Deny Nunc Pro Tunc Relief. (2) 1535-37 Carlisle Street Enterprises, LLC Double Transfer - Restaurant R-15595 (LID No. 67648) Case No. 13-9117 1535-37 North Carlisle Street Philadelphia, Philadelphia County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer Subject to a Full- Time Manager being Appointed (3) Asiago’s, Inc. “Intermunicipal” Double Transfer - t/a Asiago’s Tuscan Italian Restaurant Restaurant R-17007 (LID No. 68545) 709 Edgehill Drive Westmont Johnstown, Cambria County 6 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer. (4) HGL, LLC Request for Hearing – Nunc t/a Haydn’s on Pine Pro Tunc – Renewal, R-17586 (LID No. 55151) Case No. 13-9092 Validation & Extension of 215 Pine Street Safekeeping - Restaurant Harrisburg, Dauphin County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Deny Nunc Pro Tunc Relief (5) Hanover Beer Express, LLC “Intermunicipal” Double Transfer R-14997 (LID No. 68325) & Request for an Interior 1204 Sans Souci Parkway Connection with Another Hanover Township Business - Restaurant Hanover Township, Luzerne County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer and Request for an Interior Connection with Another Business. (6) Brian K. Leitzell “Intermunicipal” Double R-11522 (LID No. 66997) Case No. 13-9085 Transfer – Restaurant 4913 Renovo Road Grugan Township Mill Hall, Clinton County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer. 7 Note: Board Minutes are not officially approved until all required signatures are affixed. (7) Lords Valley Beer & Beverage, Inc. Request for Hearing After t/a Lords Valley Beer & Beverage Administrative Cancellation – D-3543 (LID No. 51596) Case No. 12-9187 Notice of Change in Business Route
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