PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, OCTOBER 2, 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 September 11, 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) I.B.P.O.E. OF W. Brighton Pioneer Lodge ALJ Citation Appeal No. 219 C-2807 (LID 3349) 610 7th Street P.O. Box 478 Beaver Falls, PA 15010-4531 Citation No. 12-1458 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 Reverse ALJ decision and Remand to ALJ to Impose Penalty. (2) Yanscan Enterprises, LLC ALJ Citation Appeal t/a Cocktales R-10413 (LID 64921) 501-503 Dunmore Street Throop, PA 18512-1148 Citation No. 13-0013 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Affirm the ALJ. (3) Proposed Regulatory Change - Amend 40 PA Code, Chapter 5 RAMP Online Training Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Proposed Regulation. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) C & D Brewing Ventures, Inc. Conditional Licensing Agreement - t/a Otto’s Pub Brewery & Keewaydin Cider Mill Limited Winery, Limited Distillery LK-271 (LID No. 68618) & Brewery t/a Otto’s Pub & Brewery AL-15 (LID No. 68433) & G-363 (LID No. 49762) 2235 North Atherton Street Patton Township State College, Centre County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Conditional Licensing Agreement. 2 Note: Board Minutes are not officially approved until all required signatures are affixed. (2) Don Patron Mexican Grill, LLC Renewal - Restaurant R-17760 (LID No. 65223) Case No. 13-9133 42 South Brady Street Dubois, Clearfield County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Renewal. (3) Estia Taverna, Inc. “Intermunicipal” Double R-6293 (LID No. 67838) Case No. 13-9120 Transfer & Conditional Licensing 200 North Radnor Chester Road Agreement - Restaurant Radnor Township Radnor, Delaware County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer with Conditional Licensing Agreement. (4) Molly Maguire’s Restaurant and Pub III, Inc. New – Economic Development EDR-31 (LID No. 67947) Case No. 13-9138 Restaurant 202 East Lancaster Avenue Downingtown, Chester County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve New License. Louis B. Kupperman, Esquire spoke on behalf of the Licensee. (5) Pietro’s Italian Restaurant, Inc. “Intermunicipal” Double R-6294 (LID No. 67895) Case No. 13-9121 Transfer - Restaurant 200 North Radnor Chester Road Radnor Township Radnor, Delaware County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Subject to Executed Conditional Licensing Agreement. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) Pub It Always, Inc. Place-to-Place Transfer – t/a The Pub Restaurant R-13395 (LID No. 49974) Case No. 13-9125 509 Cemetery Street Williamsport, Lycoming County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Transfer. (7) Shake Shack University City Philadelphia LLC Double Transfer - Restaurant R-1061 (LID No. 67950) 3200 Chestnut Street, E. Building Retail C Philadelphia, Philadelphia County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer. (8) She-Visc, LLC Request to Rescind Approval & R-17946 (LID No. 66337) Case No. 13-9005 Cancel “Intermunicipal” Double 750 Country Club Lane Transfer & Conditional Licensing Warrington Township Agreement - Restaurant Warrington, Bucks County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Rescind Approval & Cancel Transfer and Conditional Licensing Agreement. (9) The Works at Wyomissing, LLC Request to Conduct Another t/a The Works at Wyomissing Business on the Licensed R-16367 (LID No. 50416) Premises - Restaurant 1109 Bern Road Wyomissing, Berks County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Request to Conduct Another Business on the Licensed Premises. 4 Note: Board Minutes are not officially approved until all required signatures are affixed. (10) The 2nd String, LLC Renewal – District 5 R-12915 (LID No. 64071) Case No. 13-9109 1825 East Carson Street Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Renewal. (11) 37 West High Enterprises, Inc. Conditional Licensing Agreement R-16343 (LID No. 52204) Case No. 13-9123 Renewal – District 1 37-41 West High Street Carlisle, Cumberland County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. (12) Beaner’s Restaurant, Inc. Renewal & Amusement Permit – R-927 (LID No. 58996) Case No. 13-9055 District 3 208-212 Bridge Street Phoenixville, Chester County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (13) C Cook Enterprises, LLC Conditional Licensing Agreement R-2933 (LID No. 62188) Case No. 13-9104 Renewal – District 5 45-47 Bates Street Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. (14) Café Bellisimo, Inc. Renewal – District 3 t/a Daddy McFatty’s R-16493 (LID No. 48495) Case No. 13-9122 95 Queen Street Northumberland, Northumberland County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (15) D S Grace Enterprises, LLC Conditional Licensing Agreement R-16196 (LID No. 60139) Case No. 13-9020 Renewal – District 1 411 South Kettle Street Altoona, Blair County HOLD – 7/24/13 SESSION Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. (16) Denise & Earl’s, Inc. Renewal – District 5 R-12473 (LID No. 51007) Case No. 13-9102 7709 Frankstown Avenue Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (17) GSO, Inc. Conditional Licensing Agreement R-17923 (LID No. 48678) Case No. 13-9018 Renewal – District 2 400 North 2nd Street Harrisburg, Dauphin County HOLD – 5/22/13 SESSION Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. 6 Note: Board Minutes are not officially approved until all required signatures are affixed. (18) Marvis Leaf Renewal – District 3 t/a Frank’s Place R-11873 (LID No. 15208) Case No. 13-9062 400 South 7th Street Reading, Berks County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Existing Conditional Licensing Agreement. (19) Liveevil Incorporated Renewal – District 3 t/a McGuigan’s Public House R-16319 (LID No. 58324) Case No. 13-9094 262 & 266 Market Street Sunbury, Northumberland County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (20) MJAKES, Inc. Renewal – District 3 t/a 809 Bar and Grill R-13447 (LID No. 57895) Case No. 13-9065 701 North 9th Street Reading, Berks County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. 7 Note: Board Minutes are not officially approved until all required