PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, JANUARY 15, 2014 NORTHWEST OFFICE BUILDING, CONFERENCE ROOM 117, HARRISBURG, PA Joseph E. “Skip” Brion, Chairman Office of Chief Counsel Bureau of Retail Operations Robert S. Marcus, Board Member Bureau of Licensing Bureau of Product Selection/Marketing Tim Holden, Board Member Bureau of Human Resources Financial Report Office of CEO Bureau of Purchasing and Contracting Other Issues John Stark, Board Secretary 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 December 18, 2013 meeting. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously approved (3-0 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) JMQ 1, Inc. Petition for Allowance of Appeal to R-3721 (LID 57117) Supreme Court of Pennsylvania 1021 East Carson Street, 1st Floor Pittsburgh, Pennsylvania 15203-1109 Docket No. 695 C.D. 2013 (Commonwealth Court) Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to File Petition for Allowance of Appeal to Supreme Court of Pennsylvania. (2) SDS Ventures, LLC Appeal to Commonwealth Court R-1154 (LID 64602) 1808 Main Street Aliquippa, Pennsylvania 15001-2926 Docket No. MD 692-2013 (Beaver County) Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) – Do Not Appeal to Commonwealth Court. (3) BIR, INC. ALJ Citation Appeal R-11032 (LID 53913) 721 White Street Pittsburgh, Pennsylvania 15132-2245 Citation No. 13-0399 Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Affirm ALJ. (4) Character’s Lounge, Inc. Proposed Renewal with Conditional R-5984 (LID 37263) Licensing Agreement 2622 Brownsville Road Pittsburgh, Pennsylvania 15227-2006 Docket No. SA-13-1135 (Allegheny County) 2 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (5) Stanley Stein, Inc. Proposed Renewal with Conditional R-571 (LID 49518) Licensing Agreement 2332 Orthodox Street Philadelphia, Pennsylvania 19137-1127 Docket No. 03551 (July Term 2013) Philadelphia County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (6) Bullheads Bar and Grill, LLC – Transferor Proposed Conversion of Suspension to R-19241 (LID 57955) Fine 988 Brodhead Road Moon Township, Pennsylvania 15108-2347 Citation Nos. 10-1133, 10-1450, 11-0791 Tommel, LLC – Transferee R-19241 (LID 65899) 988 Brodhead Road Moon Township, Pennsylvania 15108-2347 Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Conversion of Suspension to a Fine of $7,500.00 (7) Final Regulatory Changes Amend Board’s Regulations Fiscal Note 54-73 3 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Proposed Regulatory Changes. (8) Halifax Township Municipal Petition for Noise Exemption Case No. 13-NE-13 Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Noise Exemption until January 15, 2015. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) 295 Buck Tavern, Inc. Double Transfer - Restaurant t/a Big Heads R-19184 (LID No. 68651) 295 Buck Road, Unit 17-18 Northampton Township Holland, Bucks County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer. (2) High Tides Investors, LLC Conditional Licensing Agreement R-10275 (LID No. 67829) Case No. 13-9155 Double Transfer – Restaurant 1057 Totem Road Bensalem, Bucks County HOLD – 11/20/13 SESSION Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer with Conditional Licensing Agreement. 4 Note: Board Minutes are not officially approved until all required signatures are affixed. (3) Justa Pizza Plus, Inc. New - Restaurant R-21516 (LID No. 67588) Case No. 13-9165 757 Spring Mount Road Main Lodge Upper Salford Township Spring Mount, Montgomery County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse New Application. (4) The Keg Stand, Inc. Double Transfer & Request to t/a The Keg Stand be Engaged in Another Business/ D-2207 (LID No. 67698) Case No. 13-9150 Dual Employment – 23 East Centre Street, 1st Floor Distributor Mahanoy City, Schuylkill County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer and Request to be Engaged in Another Business/Dual Employment. (5) Odette, Inc. Request for Hearing After t/a Odette’s Revocation - Restaurant R-15478 (LID No. 17357) Case No. 13-9169 274 Towpath, P. O. Box 127 New Hope, Bucks County 5 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Reinstate License Subject to Receipt of Applications bringing it into a Current Status and Extending the Safekeeping Period. (6) SKAC, Inc. Renewal - Hotel t/a Spunktown Tavern H-2416 (LID No. 49680) Case No. 13-9161 699 Englesville Road Colebrookdale Township Boyertown, Berks County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal Subject to the Divestiture of Steve Oswald. (7) Spring Mountain Adventures, Inc. New & Request for Interior R-21517 (LID No. 67636) Case No. 13-9166 Connections with Other 757 Spring Mount Road Businesses - Restaurant Upper Salford Township Spring Mount, Montgomery County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve New Application & Request for Interior Connections with Other Businesses. (8) 361 North Water Street, Inc. Renewal – District 7 t/a The Zoo R-1051 (LID No. 57636) Case No. 13-9149 361 North Water Street Sharon, Mercer County 6 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse Renewal. (9) C. Michael Taylor, Inc. Renewal – District 5 t/a Mickey T’s H-4746 (LID No. 58409) Case No. 13-9100 1110 Lincoln Highway North Versailles Township North Versailles, Allegheny County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (10) Café Bellisimo, Inc. Conditional Licensing Agreement t/a Daddy McFatty’s Renewal – District 3 R-16493 (LID No. 48495) Case No. 13-9122 95 Queen Street HOLD – 10/2/13 SESSION Northumberland, Northumberland County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (11) MDW Enterprises, L.L.C. Conditional Licensing Agreement t/a Kutztown Tavern-Avalanche Brewing Co. Renewal – District 3 R-10458 (LID No. 40339) Case No. 13-9060 270-278 West Main Street HOLD – 8/28/13 SESSION Kutztown, Berks County 7 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Amended Conditional Licensing Agreement. (12) Scooter’s Lounge, Inc. Renewal – District 7 t/a Scooter’s Lounge R-7943 (LID No. 54111) Case No. 13-9143 602 East 24th Street Erie, Erie County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal. (13) Sofrito, LLC Renewal & Amusement Permit – R-5346 (LID No. 64482) Case No. 13-9061 District 3 220 Douglas Street Reading, Berks County HOLD – 10/2/13 SESSION Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse Renewal & Amusement Permit. (14) Spamps, Inc. Renewal – District 4 t/a Spamps R-19289 (LID No. 56109) Case No. 13-9170 16 East First Avenue Conshohocken, Montgomery County Motion Made: Board Member Marcus Seconded: