July 24, 2013 Northwest Office Building, Conference Room 117, Harrisburg, Pa
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PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, JULY 24, 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 Joe Conti, Chief Executive Officer 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 July 2, 2013 meeting. Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously approved (2-0) 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) 26 Yu, Inc. Appeal to Supreme Court R-20359 (LID 58571) 26 Garrett Road Upper Darby, Delaware County Docket No. 1907 C.D. 2012 (Commonwealth Court) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) – Do Not Appeal Note: Board Minutes are not officially approved until all required signatures are affixed. (2) Todd’s By the Bridge, Inc. Appeal to Supreme Court R-1757 (LID 59495) 5200 Walnut Street Versailles, McKeesport, Allegheny County Docket No. 502 C.D. 2012 (Commonwealth Court) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) – Do Not Appeal (3) The Chrystal2, Inc. Appeal to Commonwealth Court R-7143 (LID 52729) 300 Water Street East Brady, Clarion County Docket No. 1359 C.D. 2012 (Clarion County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) – Do Not Appeal (4) Nemacolin Woodlands, Inc. Appeal to Commonwealth Court R-21343 (LID 49581) 321 Pike School Road Markleysburg, Fayette County Docket No. 234 MD 2013 (Fayette County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) – Do Not Appeal (5) Derry Street Pub, Inc. ALJ Citation Appeal R-12671 (LID 59887) 2312 Derry Street Harrisburg, Dauphin County Citation No. 12-1348 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Sustain the Appeal as to the date of July 25, 2012 and Remand to ALJ to impose an additional penalty if such is warranted. 2 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) Dipal Corporation d/b/a Gabby’s ALJ Citation Appeal R-20101 (LID 57455) 2440 West Pike Street, Suite 2 Houston, Washington County Citation No. 12-0888 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Affirm the ALJ. (7) Dipal Corporation d/b/a Gabby’s ALJ Citation Appeal R-20101 (LID 57455) 2440 West Pike Street, Suite 2 Houston, Washington County Citation No. 12-0613 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Affirm the ALJ with Respect to Counts 1 and 2; Reverse Count 3; a Fine Of $600.00 and 1 Day Suspension are Assessed. (8) 7178 CFJ, Ltd. ALJ Citation Appeal R-13624 (LID 57615) 7178 North 19th Street Philadelphia, Philadelphia County Citation No. 12-1101 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Dismiss the Appeal. (9) Transferor: OFV Mesa I LP Request for Conversion of Suspension R-1380 (LID 51747) to Fine 222 Sugartown Road Wayne, Montgomery County Transferee: Lucky Dog Enterprises, Ltd. R-1380 (LID 61419) Town Center at Wayne Wayne, Montgomery County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Conversion of Suspension to a Fine of $200.00. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (10) Sierra Madre II, Inc. Request for Extension of Operating R-20227 (LID 51631) Authority Pending Sale and Transfer 4035 Market Street Camp Hill, Cumberland County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Modified Conditional Licensing Agreement with 60 Days Additional Operating Authority. (11) 1601 S. 10th Street, LLC Request to Modify Conditional R-1241 (LID 65994) Licensing Agreement 1601 S. 10th Street Philadelphia, Philadelphia County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Modified Conditional Licensing Agreement. (12) Beltramo Brothers, Inc. Request to Modify Conditional R-17109 (LID 57418) Licensing Agreement 560 Harrison City Road Trafford, Westmoreland County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Modified Conditional Licensing Agreement (13) Dandee Marc, Inc. Proposed Conditional R-12756 (LID 38445) Licensing Agreement Renewal 64 South Broad Street Nazareth, Northampton County Docket No. 2013-756 (Northampton County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Renewal with a Conditional Licensing Agreement 4 Note: Board Minutes are not officially approved until all required signatures are affixed. (14) Old Rockhill Tavern, Inc. Proposed Conditional R-15383 (LID 35230) Licensing Agreement Renewal 1115 Old Route 309 Sellersville, Bucks County Docket No.CP-09-MD-222-2011(Bucks County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Renewal with a Conditional Licensing Agreement (15) Phyllis Reese, Inc. Proposed Conditional R-2224 (LID 29101) Licensing Agreement Renewal 208 South 5th Street Duquesne, Allegheny County 325 CD 2012 (Allegheny County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Renewal with a Conditional Licensing Agreement (16) Peace Valley Winery, Inc. Request to Extend Hours of Operation LK107 (LID33015) 300 Old Limekiln Road Chalfont, Bucks Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve the Request for Extended Hours of Operation. (17) Londonderry Township Municipal Petition for Noise Exemption Case No. 13-NE-08 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Noise Exemption until July 24, 2015. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) Hacienda Michoacana, Inc. Person-to-Person Transfer – t/a Hacienda Michoacana Restaurant R-11592 (LID No. 66749) Case No. 13-9003 101 Bridge Street HOLD – 5/1/13 & 6/5/13 Phoenixville, Chester County SESSIONS Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Refuse Transfer. (2) Jomartt-Roxborough, LLC Double Transfer - Restaurant R-6747 (LID No. 67853) 6024 Ridge Avenue Philadelphia, Philadelphia County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve the Transfer. (3) Just Rumors Bar and Grill, Inc. “Intermunicipal” Double R-20301 (LID No. 68143) Transfer - Restaurant 412 Route 390 Palmyra Township Tafton, Pike County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve the Transfer. (4) Legends Hospitality, LLC Request for Hearing After MF-171 (LID No. 63419) Case No. 13-9052 Administrative Cancellation – 400 Broadacres Drive, Suite 260 Notice of Change in Business Bloomfield, NJ Structure – Master File Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Reinstate and Approve Notice of Change In Business Structure 6 Note: Board Minutes are not officially approved until all required signatures are affixed. (5) Mike’s Pizzeria and Italian Restaurant, LLC “Intermunicipal” Double Transfer R-20537 (LID No. 67864) Conditional Licensing Agreement 1421 Route 209, Suite 118 Restaurant Chestnuthill Township Brodheadsville, Monroe County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Transfer with a Conditional Licensing Agreement. (6) Northeast Concessions, LP Extension of License & Requests R-15046 (LID No. 54136) for Interior Connections with 1280 State Highway, Route 315 Other Businesses & to Conduct Plains Township Other Businesses on the Licensed Wilkes Barre, Luzerne County Premises – Restaurant Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0) to Approve Extension and Requests for Interior Connections with Other Businesses and to Conduct Other Businesses on the Licensed Premises (7) Roman Restaurants, LLC Extension