PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, NOVEMBER 6, 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 October 15, 2013 meeting. Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously approved (2-0 vote) previous Board Minutes. Chairman Brion welcomed three new Licensing Analysts to the Board: James Criswell, Mark Donahue, and Mark Gillman. 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) Arena Beverage Corp. Proposed Appeal to Commonwealth R-18325 (LID 42442) Court 330 Hookstown Grade Road Moon Township, Pennsylvania 15108-0000 Docket No. SA-13-0594 (Allegheny County) 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 Appeal to Commonwealth Court. (2) S & B Restaurant, Inc. Proposed Appeal to Commonwealth R-3050 (LID 10788) Court 1073 Route 315 Wilkes-Barre, Pennsylvania 18702-6926 Docket No. 5477 of 2013 (Luzerne County) Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Appeal to Commonwealth Court. (3) Star Social Club ALJ Citation Appeal C-601 (LID 642) 212 East Market Street West Chester, Pennsylvania 19382-2740 Citation No. 12-1558 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Affirm ALJ. Michelle Fox of the Office of Chief Counsel presented the case for Board consideration. (4) Castillos and Castillos, Inc., Transferor Proposed Conversion of Suspension to E-3061 (LID 55073) Fine 186 West Lehigh Avenue Philadelphia, Pennsylvania 19133-3839 Food Court, Inc., Transferee E-3061 (LID 68789) 1614 Chestnut Street Philadelphia, Pennsylvania 19103-5119 2 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 Approve Conversion of Suspension to a fine of $1,000.00. (5) Borough of Mount Joy Municipal Petition for Noise Exemption Case No. 13-NE-11 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Noise Exemption until November 6, 2016. (6) City of Altoona Municipal Petition for Noise Exemption Case No. 13-NE-10 Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Noise Exemption until November 6, 2015. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) Beliza, LLC Request for Hearing After R-20740 (LID No. 63097) Case No. 13-9162 Revocation - Restaurant P. O. Box 432 Riverside, Northumberland County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Affirm Administrative Revocation. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (2) Budee’s, Inc. Validations & Renewals – R-1856 (LID No. 34737) Case No. 13-9126 Restaurant 30 East Broad Street West Hazleton, Luzerne County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Validations and Renewals. (3) FEC Enterprises, LLC “Intermunicipal” Double t/a Say Cheese Restaurant & Cheese Transfer & Request for Interior R-551 (LID No. 68154) Connections with Another 600 Penn Avenue Business - Restaurant West Reading, Berks County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer & Request for Interior Connections with Another Business Subject to a Favorable Report of Reinvestigation. (4) Hawthorne House, Inc. Request for Reconsideration t/a Hawthorne House Request for Hearing – R-9223 (LID No. 59403) Case No. 13-9137 Nunc Pro Tunc – Renewal & 702 Hawthorne Road Validation - Restaurant Bethlehem, Northampton County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Grant Request to Reconsider and Accept Application. (5) Mibru, Inc. Request for Hearing After t/a The Strike Zone Sports Bar and Grille Administrative Cancellation – R-14039 (LID No. 45228) Case No. 13-9050 Notice of Change in Business 181 Bowling Lane Structure – Restaurant Logan Township Altoona, Blair County 4 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 Reinstate & Approve Notice of Change in Business Structure. (6) 5201, Inc. Conditional Licensing Agreement R-2222 (LID No. 40625) Case No. 13-9124 Renewal – District 10 5201 Wakefield Street Philadelphia, Philadelphia County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. (7) 7101 Frankstown, Inc. Renewal – District 5 R-1279 (LID No. 50426) Case No. 13-9116 7101 Frankstown Avenue Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (8) Character’s Lounge, Inc. Renewal – District 5 t/a Character’s Lounge R-5984 (LID No. 37263) Case No. 13-9095 HOLD – 8/28/13 SESSION 2622 Brownsville Road Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Renewal. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. (9) JP2 Ventures, LLC Renewal – District 5 R-16508 (LID No. 61131) Case No. 13-9107 1400-1402 Brinton Avenue North Braddock Braddock, Allegheny County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal. (10) Norwood Inn, Inc. Conditional Licensing Agreement t/a Norwood Inn Renewal – District 5 R-3214 (LID No. 10872) Case No. 13-9105 184 McCoy Road HOLD – 10/2/13 SESSION Stowe Township McKees Rocks, Allegheny County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Approve Renewal with Conditional Licensing Agreement. (11) Frank A. Rovida, Jr. Renewal – District 1 David R. Rovida t/a Rovida’s Bar HOLD – 5/22/13 SESSION R-10444 (LID No. 26584) Case No. 13-9021 834 Railroad Street Johnstown, Cambria County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Renewal. 6 Note: Board Minutes are not officially approved until all required signatures are affixed. (12) Saint Charles Café, Inc. Renewal – District 1 R-14230 (LID No. 16601) Case No. 13-9022 226 North Third Street HOLD – 7/24/13 SESSION Clearfield, Clearfield County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Renewal. (13) Vern N. Schalles Renewal – District 5 t/a Circus Bar R-9633 (LID No. 13910) Case No. 13-9111 7526 Center Street Swissvale Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Chairman Brion Board Decision: Unanimously agreed (2-0 vote) to Refuse Renewal. (14) Uncle Toad’s Tavern, Inc. Renewal – District 5 t/a Drinks R-16835 (LID No. 29724) Case No. 13-9118 346-348 Center Avenue West View, Allegheny 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 signatures are affixed. From the Bureau of Human Resources .................................. Dana Barry, Acting Director of Human Resources (1) Jacob Bowden – Removal Action (2) Melissa Burnett – Removal Action (3) Naeshan Cooley – Affirm Removal Action (4) Lacie Custalow – Removal Action (5) Thomas Doyle – Affirm Removal Action (6) Cynthia Freilich – Affirm Removal Action (7) Andrew Hutter – Affirm Removal Action (8) Timothy Lang – Removal Action (9) Jennifer Levan – Removal Action (10) Nina Moultrie – Affirm Removal Action (11) Jamayia Redman – Removal Action (12) Alaisha Robinson – Affirm Removal Action (13) Marlene Seamon – Affirm Removal Action (14) April Taylor – Removal Action (15) Ernest Vincent – Affirm Removal Action (16) Chanel West – Affirm Removal Action (17) Giovanni White – Affirm Removal Action