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In the Matter of the * Before the Alcoholic Application

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In the Matter of the * Before the Alcoholic Application IN THE MATTER OF THE * BEFORE THE ALCOHOLIC APPLICATION OF SOO KYUNG YOON * ON BEHALF OF KY FOOD, INC., t/a * BEVERAGE HEARING BOARD MYEONG DONG, FOR A NEW CLASS B * BEER, WINE, AND LIQUOR 7-DAY * FOR ON-SALE LICENSE * * HOWARD COUNTY, MARYLAND * * Case No.: 17-20 * DECISION AND ORDER The Board of License Commissioners for Howard County, Maryland (the "Liquor Board"), pursuant to Rule 1.02(A) of the Liquor Board Rules and Regulations, has delegated the authority to hear and decide cases to the Alcoholic Beverage Hearing Board for Howard County, Maryland (the "Hearing Board"). On April 4, 2017, the Hearing Board heard the application of Soo Kyung Yoon (the "Applicant"), on behalf of KY Food, Inc., t/a Myeong Dong ("KY Food, Inc.") , for a new Class B Beer, Wine, and Liquor, 7-day on-sale license for a 3,710 square foot restaurant located at 9380 Baltimore National Pike, Suites 105 & 106, Ellicott City, Maryland 21042. The hearing was properly advertised pursuant to the Alcoholic Beverages Article of the Annotated Code of Maryland. The Applicant was represented by Dennis A. Hodge, Esquire. There were no protestants who appeared in opposition to the application. All the documents on file were incorporated into the record by reference. These include the following: a letter dated February 16, 2017, from the attorney for the Applicant enclosing the application; a floor plan; a confirmation letter dated January 3, 2017, from the State of Maryland Department of Assessments and Taxation; a copy of the articles of incorporation for Ky Food, Inc.; the background questionnaire for the Applicant; an alcohol awareness certificate for Soo K. Yoon; a criminal history record check dated February 7, 2017, for the Applicant from the State of Maryland Department of Public Safety and Correctional Services; the driving record dated February 6, 2017, for the Applicant from the Maryland Motor Vehicle Administration; a receipt dated February 7, 2017, from the Department of Public Safety and Correctional Services, Criminal Justice Information System - Central Repository for the Applicant; a copy of the Certificate of Naturalization for the Applicant; a memorandum dated March 9, 2017, from the Liquor Board Administrator to the Alcohol Beverage Inspector, the Department of Inspections, Licenses, and Permits, the Bureau of Environmental Health, the Department of Planning and Zoning, and the Office of the Fire Marshal; the background investigation of the Applicant by the Alcohol Beverage Inspector dated March 30, 2017; a memorandum dated March 21, 2017, from the Department of Planning and Zoning; an email dated March 13, 2017, from the Department of Inspections, Licenses, and Permits; an email dated March 30, 2016, from the Office of the Fire Marshal; a letter dated March 9, 2017, to the Department of Finance; letter from the Department of Finance; a letter dated March 9, 2017, to the Comptroller of Maryland; a letter dated March 29, 2017, from the Comptroller of Maryland; a fax transmission dated March 9, 2017, from the Liquor Board Administrator to the attorney for the Applicant, enclosing a letter dated March 9, 2017, advising notification of the hearing date, and enclosing the required advertisement; an e-mail dated March 20, 2017, from the Alcoholic Beverage Inspector stating the premises had been posted; and a letter dated March 30, 2017, from the attorney for the Applicant attaching the certification of advertisement from the Howard County Times and the Baltimore Sun Media Group. SUMMARY OF TESTIMONY Soo Kyung Yoon, President/Treasurer and 100% shareholder of Ky Food, Inc., t/a Myeong Dong, was sworn and testified that the restaurant has been open since March 17th, and that the hours of operation are Monday through Thursday, 10:30 A.M. to 10:30 P.M., Friday and Saturday, 10:30 A.M. to 12:00 midnight, and Sunday, 10:30 A.M. to 10:30 P.M. Ms. Yoon testified that they do not have a bar in the restaurant, and that the alcoholic beverages will be stored in a refrigerator located in the kitchen. Ms. Yoon testified that she has a total often employees, six kitchen staff, and four wait staff. Ms. Yoon testified that all employees who will handle alcoholic beverages are alcohol awareness certified. Ms. Yoon testified that the restaurant serves Korean food, and that their customers are approximately 70% Korean and 30% American. Ms. Yoon testified that the customers have been requesting alcoholic beverages to accompany their meals. Ms. Yoon testified that she feels there is a need for an alcoholic beverage license to be competitive, and successful. Ms. Yoon testified that there is plenty of parking, and that they will not disturb the peace of the businesses in the area. Ms. Yoon testified that the closest residences are ',4 of a mile away. Ms. Yoon testified that she has experience in the restaurant business with Johnny's Food Market & Liquor from 1990 to 1995, Kimmy's Restaurant from 1995 to 1996, and JC's Chick'n & Trout from 1998 until present. Ms. Yoon testified that she and her husband still own JC's Chick'n & Trout, but they may sell it in the future to focus on their Ellicott City business. Ms. Yoon testified that she is alcohol awareness certified, and that she understands the responsibility of holding a liquor license. Ms. Yoon testified that she will be at the restaurant for more than 50 hours per week. Daniel Pak was sworn and testified that he lives near the restaurant and manages a| doctor's office close to the restaurant. He stated that he eats at the restaurant regularly and that, culturally, it is critical for the restaurant to serve alcohol to have a competitive edge. He stated that there is plenty of parking, that there is pubic desire and need, and that Ms. Yoon is a responsible person. The following Exhibits were entered into the record: Exhibit #\ - Alcohol Awareness Certification for In Soon Choo, Gyeong Soon Jang, James Yoon, Soo K Yoon, and II Ho Jeong Exhibit #2 - (3) photographs of the exterior and interior ofMyeong Dong Exhibit #3 - menu Pursuant to Rule 6.13 of the Liquor Board Rules and Regulations, the Applicant waived her right to request the Liquor Board to hear the case. Based on the evidence presented at the hearing, the Alcoholic Beverage Hearing Board makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The Hearing Board finds that Soo Kyung Yoon on behalf of KY Food, Inc., t/a Myeong Dong, has applied for a new Class B Beer, Wine, and Liquor 7-day on-sale license for a 3,710 square foot restaurant located at 9380 Baltimore National Pike, Suites 105 & 106, Ellicott City, Maryland 21042. 2. The Hearing Board finds that the Applicant is a fit and proper person to hold an alcoholic beverage license. 3. The Hearing Board finds that Soo Kyung Yoon has been a Howard County resident for more than two years, is a registered voter, and a member and 1 00% shareholder of Ky Food, Inc., t/a Myeong Dong. 4. The Hearing Board finds that the granting of the application is necessary for the accommodation of the public. 5. The Hearing Board finds that the granting of this application will not unduly disturb the peace and safety of the residents of the neighborhood. CONCLUSIONS OF LAW 1. The Hearing Board concludes that Soo Kyung Yoon on behalf of KY Food, Inc., t/a Myeong Dong, has applied for a new Class B Beer, Wine, and Liquor 7-day on-sale license for a 3,710 square foot restaurant located at 10045 Baltimore National Pike, Suite A-9, Ellicott City, Maryland 21042. 2. The Hearing Board concludes that the Applicant is a fit and proper person to hold an alcoholic beverage license. 3. The Hearing Board concludes that Soo Kyung Yoon meets the requirements of Rules 1.09(T), 1.09(U), 2.06, and 2.10 of the Liquor Board Rules and Regulations concerning resident agent qualifications. 4. The Hearing Board concludes that the granting of the application is necessary for the accommodation of the public. 5. The Hearing Board concludes that the granting of this application would not unduly disturb the peace and safety of the neighborhood. ORDER For the foregoing reasons, it is this^^day of f^^\ , 2017, by the Alcoholic \J Beverage Hearing Board of Howard County ORDERED that the application of Soo Kyung Yoon on behalf of Ky Food, Inc., t/a Myeong Dong, for a new Class B Beer, Wine, and Liquor, 7-day on-sale license for a 3,710 square foot restaurant located at 9380 Baltimore National Pike, Suite 105 & 106, Ellicott City, Maryland 21042, be and the same is hereby GRANTED, subject to the following conditions: (a) That the Applicant complies with all State and County Rules and Regulations; and (b) Failure to comply with these conditions and obtain the license by June 30, 2017, shall render this Proposed Decision and Order null and void. ATTEST: ALCOHOLIC BEVERAGE HEARING BOARD OF HOWARD COUNTY, MARYLAND 'v^- ^ [<^^ Denise E. King Gaetano. ChaiIWrson Administrator Mary Bird, yyce-Chairperson REVIEWED BY HOWARD COUNTY OFFICE OF LAW --2——<. GARY W. KUC Charles C. Feaga, Member COUNTY SOLICITOR ABSENT Gene Ryan, Member Lewis Ta^for, Esquire Assistant County Solicitor RECUSED Charley C. Sung, Member.
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