February 10, 2016 Northwest Office Building, Conference Room 117, Harrisburg, Pa
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PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, FEBRUARY 10, 2016 NORTHWEST OFFICE BUILDING, CONFERENCE ROOM 117, HARRISBURG, PA Tim Holden, Chairman Office of Chief Counsel Bureau of Retail Operations Michael Negra, Board Member Bureau of Licensing Bureau of Product Selection/Marketing John Metzger, Executive Director 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 Holden called the meeting to order. CALL TO ORDER ...................................................................................................................... Chairman Holden Pledge of Allegiance to the Flag and Employee Recognition Valerie Biden, Executive Assistant to the PLCB’s Director of Regulatory Affairs, was present to lead the Pledge of Allegiance. Following the Pledge of Allegiance, the Board recognized Ms. Biden for her 35 years of service as a Commonwealth and PLCB employee. OLD BUSINESS ................................................................................................................................ Secretary Stark A. Motion to approve the previous Board Meeting Minutes of the January 27, 2016 meeting. Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously approved (2-0 vote) previous Board Minutes. PUBLIC COMMENT ON AGENDA ITEMS There was no comment on the printed agenda items. Note: Board Minutes are not officially approved until all required signatures are affixed. NEW BUSINESS From the Office of Chief Counsel ............................................................................... Rodrigo Diaz, Chief Counsel (1) I.B.P.O.E. of West Lawrence Lodge No. 18 Appeal to Commonwealth Court in 15 West Home Street Application Appeal New Castle, Pennsylvania 16101 Club Liquor License No. C-2782 LID 1392 Docket No. 10146 of 2015 (Lawrence County) Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) – Do Not Appeal to Commonwealth Court. (2) Transferor: Gina’s Place of Italian Cuisine, Inc. Application for Conversion of 16 East Hanover Street Suspension to Fine Gettysburg, Pennsylvania 17325-7752 Restaurant Liquor License No. R-17048 LID 55829 Transferee: Appalachian Brewing Company of Gettysburg, Inc. 259 Steinwehr Avenue Gettysburg, Pennsylvania 17325-2815 Restaurant Liquor License No. R-17048 LID 71902 Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Conversion of Suspension to a Fine of $3,000.00. (3) Butler Township Municipal Petition for Exemption Case No. 15-NE-19 from Liquor Code Statute Regarding Amplified Sound Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Noise Exemption Until February 10, 2017. 2 Note: Board Minutes are not officially approved until all required signatures are affixed. (4) Mark A. Emmett v. State Civil Service Commission (PLCB) Petition to Intervene Commonwealth Court Docket No. 63 C.D. 2016 Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to File Petition to Intervene. (5) Proposed PLCB Regulation #54-89 Distributors Accepting Credit Cards from Licensees Rodrigo Diaz, Chief Counsel, presented the proposed regulation. Mr. Diaz explained that, under the Liquor Code, licensees are only permitted to accept certain types of payment for alcoholic beverages. However, there is a catchall provision that allows the Board to expand the permissible types of payment through the promulgation of regulations. Mr. Diaz indicated that the proposed regulation would allow distributor and importing distributor licensees to accept credit card payments from other licensees. Mr. Diaz noted that, currently, distributor and importing distributor licensees may only accept credit card payments from non-licensees. Mr. Diaz further indicated that the proposed regulatory change would make the acceptance of credit cards discretionary, and not mandatory. Mr. Diaz also noted that distributor and importing distributor licensees may increase the prices on their products to offset the fees involved with using credit cards. Finally, Mr. Diaz briefly explained how this regulation will need to proceed through the regulatory review process prior to becoming a final promulgated regulation. Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to start the regulatory review process with regard to Proposed PLCB Regulation #54-89. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) BKBB, Inc. Request for Hearing – Nunc Pro t/a Spurs Tunc – Renewals, Validations & R-1638 (LID No. 59345) Case No. 14-9132 Extension of Safekeeping – 900 Oak Street Restaurant Pittston Township Pittston Township, Luzerne County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Chairman Holden asked if there was anyone present for BKBB, Inc., but there was no response. Unanimously agreed (2-0 vote) to Deny Nunc Pro Tunc Relief and Revoke License. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (2) Marlene Jones Request for Hearing After t/a Water Lilly’s Revocation – Restaurant R-9622 (LID No. 51714) Case No. 15-9179 435 Merchant Street Ambridge, Beaver County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Chairman Holden asked if there was anyone present on behalf of Marlene Jones, but there was no response. Unanimously agreed (2-0 vote) to Affirm Administrative Revocation of License. (3) Bonnie Louise Musilek Renewal – Hotel t/a Hotel Puhala H-1192 (LID No. 6231) Case No. 15-9178 1115-17 Braddock Avenue Braddock, Allegheny County Motion Made: Board Member Negra Seconded: Board Decision: Hold by Board Member Negra. Jerry Waters, Sr., Director of Regulatory Affairs, asked Board Member Negra to clarify what action he would like the Bureau of Licensing to take with regard to this matter. Board Member Negra expressed concerns that there may have been a breakdown in communication between the Department of Revenue and the Licensee in this matter and that he did not want to risk making a decision based on incorrect information. As such, Board Member Negra requested that the Bureau of Licensing contact the Department of Revenue to confirm that a breakdown in communication has not occurred. (4) Remington Lodging & Hospitality, LLC Request to Sell Other Items on the t/a Hampton Inn & Suites Pittsburgh–Meadowlands Licensed Premises – Hotel H-6491 (LID No. 71889) 475 Johnson Road North Strabane Township Washington, Washington County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Request to Sell Other Items on the Licensed Premises. 4 Note: Board Minutes are not officially approved until all required signatures are affixed. (5) Seven Springs Mountain Resort, Inc. “Intermunicipal” Double t/a Highlands Market Transfer & Requests for Interior R-8222 (LID No. 72750) Connections with Another 231 County Line Road Business & to Conduct Another Middlecreek Township Business on the Licensed Champion, Somerset County Premises – Restaurant Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer and Requests for Interior Connections with Another Business and to Conduct Another Business on the Licensed Premises. (6) The Store Room, Inc. Extension of License – Restaurant t/a Ivy Inn R-17901 (LID No. 57641) Case No. 15-9183 37 Brookline Boulevard Haverford Township Havertown, Delaware County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Application for Extension of License. (7) Weis Markets, Inc. “Intermunicipal” Double R-18159 (LID No. 72615) Transfer & Requests for Interior 5140 Simpson Ferry Road Connections with Another Lower Allen Township Business & to Conduct Another Mechanicsburg, Cumberland County Business on the Licensed Premises – Restaurant Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer and Requests for Interior Connections with Another Business and to Conduct Another Business on the Licensed Premises. (8) 1234 UDS, Inc. Renewal – District 5 t/a Ugly Dog Saloon R-2050 (LID No. 56125) Case No. 15-9109 HOLD – 11/18/15 SESSION 2351 Noblestown Road Green Tree Pittsburgh, Allegheny County 5 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Negra made a motion to Approve Renewal with Existing Conditional Licensing Agreement. Seconded: New Motion Made: Hold by Chairman Holden to allow for continued negotiations of a New Conditional Licensing Agreement. Board Decision: Hold by Chairman Holden (9) Jam Club, Inc. Renewal & Amusement Permit – t/a Tomaino’s Restaurant District 9 R-14961 (LID No. 17050) Case No. 15-9173 273 South Main Street Archbald, Lackawanna County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Existing Conditional Licensing Agreement. (10) Leverage WF, LLC Renewal – District 10 R-4202 (LID No. 68714) Case No.