PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, JANUARY 13, 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 OLD BUSINESS ................................................................................................................................ Secretary Stark A. Motion to approve the previous Board Meeting Minutes of the December 16, 2015 meeting. Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously approved (2-0 vote) previous Board Minutes. B. Announcement by the Chairman for ratification of a Board Action: The following Board Action approved on December 31, 2015 was decided by Notational Voting by Chairman Holden and Member Negra since the Board’s last public meeting. The Board agreed (2-0 vote) not to authorize the Chief Counsel’s Office to appeal to the Commonwealth Court, the December 11, 2015 decision of the Court of Common Pleas of Carbon County (“Trial Court”). The Trial Court reversed the Board’s decision and ordered the renewal of: Gemstar Enterprises, Inc. Lehighton, PA 18265-2119 License No. H-1182 / LID 56804 Chairman Holden asked Rod Diaz, Executive Deputy Chief Counsel, to explain why a notational vote was necessary for this matter. Mr. Diaz explained that a notational vote was required because of the timing of the statutorily-imposed appeal deadline and the potential impact that any delay would have on the licensee’s ability to operate. Note: Board Minutes are not officially approved until all required signatures are affixed. PUBLIC COMMENT ON AGENDA ITEMS There was no comment on the printed agenda items. NEW BUSINESS From the Office of Chief Counsel ................................................. Rodrigo Diaz, Executive Deputy Chief Counsel (1) Transferor: Domlysella’s Sports Bar, LLC Application for Conversion of 825 5th Avenue Suspension to Fine East McKeesport, Pennsylvania 15035-1235 Restaurant Liquor License No. R-12470 LID 63324 Transferee: Tri Boro Bar and Grille, LLC 825 5th Avenue East McKeesport, Pennsylvania 15035-1235 Restaurant Liquor License No. R-12470 LID 71986 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. (2) DRC SPRUCE STREET, LLC Request to Modify Conditional 2201 Spruce Street Licensing Agreement Philadelphia, Pennsylvania 19103-5517 Restaurant Liquor License No. R-4397 LID 67269 Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Modified Conditional Licensing Agreement. (3) FRAN’S INN, LLC Request to Terminate Conditional 107 North Franklin Street Licensing Agreement Chambersburg, Pennsylvania 17201-1533 Restaurant Liquor License No. R-18406 LID 69527 2 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Request to Terminate Conditional Licensing Agreement. (4) STATE COLLEGE ASSOCIATES, LTD. Request to Terminate Conditional 1450 South Atherton Street Licensing Agreement State College, Pennsylvania 16801-6205 Hotel Liquor License No. H-4725 LID 7322 Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Request to Terminate Conditional Licensing Agreement. (5) JOHNSTOWN PHOENIX BAR & RESTAURANT, INC. Admnistrative Law Judge Appeal t/a PHOENIX 200-202 Broad Street Johnstown, PA 15906-2714 R-13846 LID 24166 Citation No. 15-1044C Attorney Michelle Fox from the Office of Chief Counsel explained the case. The Pennsylvania State Police, Bureau of Liquor Control Enforcement (“BLCE”) issued a citation to the Licensee for sales or service to minors. The incident occurred in May of 2015 and involved an underage individual who was working on an undercover basis for BLCE to conduct a compliance check. The Licensee initially signed and submitted a waiver admitting to the violation. However, the Administrative Law Judge (“ALJ”) sua sponte raised the defense of entrapment on behalf of the Licensee and refused to accept the waiver. Following an administrative hearing on the matter, the ALJ dismissed the citation. Thereafter, the BLCE filed the instant appeal, arguing primarily that the ALJ had exceeded his authority by sua sponte raising the defense of entrapment on behalf of the Licensee. The Office of Chief Counsel agreed with the BLCE’s position and recommended that the ALJ’s decision be reversed and remanded for the imposition of a penalty. Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Reverse the ALJ and Remand the Matter for Imposition of a Penalty. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) MELANIE A. PAUL Petition for Review in 2385 Christina Court Unemployment Compensation Pottstown, PA 17121 Claim Decision No. B-15-09-F-5645 Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Pursue Precautionary Petition for Review. (7) RALPHO TOWNSHIP Municipal Petition for Exemption Case No. 15-NE-18 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 January 13, 2021. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) Aimbridge Hospitality, LLC Request to Sell Other Items on the H-6469 (LID No. 71077) Licensed Premises – Hotel 501 East Germantown Pike East Norriton Township Norristown, Montgomery 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. (2) Chew Foods, LLC Double Transfer & Requests for R-7606 (LID No. 71182) Interior Connections with 5301 Chew Avenue Another Business & to Conduct Philadelphia, Philadelphia County Another Business on the Licensed Premises – Restaurant HOLD – 10/14/15 SESSION 4 Note: Board Minutes are not officially approved until all required signatures are affixed. 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. (3) Fast Lane Six Packs To Go, LLC Double Transfer & Request for E-4478 (LID No. 71594) Case No. 15-9174 Interior Connections with Another 2345 Sans Souci Parkway Business – Eating Place Malt Hanover Township Beverage Wilkes Barre, Luzerne County Motion Made: Board Member Negra made a motion to Approve Transfer and Request for Interior Connections with Another Business. Seconded: New Motion Made: Hold by Chairman Holden Board Decision: Hold by Chairman Holden (4) Jai Jagat Mata, Inc. Conditional Licensing Agreement t/a Holiday Beverage Center Person-to-Person Transfer – D-1595 (LID No. 71143) Case No. 15-9103 Distributor 8601 Torresdale Avenue Philadelphia, Philadelphia County HOLD – 10/28/15 SESSION Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer with Conditional Licensing Agreement. (5) Jupiter Tavern, Inc. Request for Hearing – Nunc Pro H-1212 (LID No. 60775) Case No. 15-9175 Tunc – Renewals, Validations & R. R. 3 Kunkletown Road, P. O. Box 615 Extension of Safekeeping – Hotel Eldred Township Kunkletown, Monroe County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Chairman Holden asked if there was anyone present for the Licensee, but there was no response. Unanimously agreed (2-0 vote) to Deny Nunc Pro Tunc Request. 5 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) Painters Beerhaus, Inc. Request to Rescind Approval & t/a Painters Beerhaus Cancel “Intermunicipal” Double D-481 (LID No. 71908) Transfer and Exchange of 2000 Painters Run Road License from Importing Distributor Scott Township to Distributor – Distributor Scott Township, Allegheny County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Rescind Approvals and Cancel Transfer and Exchange of License. (7) Sai Shyam Corp. Double Transfer & Request to R-21114 (LID No. 72323) Conduct Another Business on the 639 Seven Bridge Road Licensed Premises – Restaurant Smithfield Township East Stroudsburg, Monroe County Motion Made: Board Member Negra Seconded: Chairman Holden Board Decision: Unanimously agreed (2-0 vote) to Approve Transfer and Request to Conduct Another Business on the Licensed Premises. (8) Stone Neapolitan Pizzeria, Inc. Renewal – Restaurant t/a Stone