PENNSYLVANIA LIQUOR CONTROL BOARD MEETING MINUTES WEDNESDAY, SEPTEMBER 3, 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 John E. Metzger, Executive Director 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 August 13, 2014 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) Circolo Mario Bianco ALJ Citation Appeal 3500-04 Wharton Street Philadelphia, Pennsylvania 19146 C-2753 / LID 1380 Citation No. 13-1991 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 Reverse ALJ Dismissing the First Count of the Citation as to July 27, 2013; Sustain ALJ Dismissing the First Count of the Citation as to July 14 and 24, 2013; Remand Matter Back to ALJ to Impose an Appropriate Penalty. (2) Spamps, Inc. Proposed Renewal with Conditional 16 East 1st Avenue Licensing Agreement Conshohocken, Pennsylvania 19428-2002 R-19289 / LID 56109 Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. From the Bureau of Licensing .......................................................... Jerry Waters, Director of Regulatory Affairs Tisha Albert, Director, Bureau of Licensing (1) Acme Markets, Inc. Double Transfer & Requests R-18117 (LID No. 69768) for Interior Connections with 700 West Lancaster Avenue Another Business & to Conduct Tredyffrin Township Another Business on the Wayne, Chester County Licensed Premises – Restaurant Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer & Requests for Interior Connections with Another Business and to Conduct Another Business on the Licensed Premises. (2) B.A.R. Midtown, Inc. Double Transfer – Restaurant R-13495 (LID No. 69297) Case No. 14-9085 1301 Locust Street 212 South 13th Street Philadelphia, Philadelphia 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 Transfer. (3) Campus Bookstore, Inc. Double Transfer & Request R-2973 (LID No. 69257) Case No. 14-9079 for Interior Connections with 3610 5th Avenue Other Businesses – Restaurant Pittsburgh, Allegheny County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer & Request for Interior Connections with Other Businesses. (4) City Center Hospitality Three, LLC “Intermunicipal” Double R-13940 (LID No. 68742) Case No. 14-9075 Transfer – Restaurant 732 West Hamilton Street Allentown, Lehigh County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer. (5) Seven Mountains Wine Cellars, LLC Request to Sell Other Items on LK-273 (LID No. 60953) Licensed Premises – Limited 107 Mountain Spring Lane Winery Potter Township Spring Mills, Centre County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Request to Sell Items on the Licensed Premises. 3 Note: Board Minutes are not officially approved until all required signatures are affixed. (6) ShopRite of Hunterdon County, Inc. Double Transfer & Requests R-14145 (LID No. 69114) for Interior Connections with 4717 Freemansburg Avenue Another Business & to Bethlehem Township Conduct Another Business on Easton, Northampton County the Licensed Premises – Restaurant Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Transfer & Requests for Interior Connections with Another Business and to Conduct Another Business on the Licensed Premises. (7) Weis Markets, Inc. Extension of License & R-16271 (LID No. 61731) Request for Interior 3011 William Penn Highway Connections with Another Palmer Township Business – Restaurant Easton, Northampton County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Extension of License and Request for Interior Connections with Another Business. (8) BIR, Inc. Renewal – District 5 R-11032 (LID No. 53913) Case No. 14-9003 721 White Street HOLD – 4/30/14 SESSION McKeesport, Allegheny County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse Renewal. (9) Bartlett, Traynor & London, LLC Renewal & Amusement Permit – t/a Harrisburg Midtown Arts Center District 2 R-4643 (LID No. 61720) Case No. 14-9040 1110 North 3rd Street Harrisburg, Dauphin County 4 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (10) Beagles Pub & Eatery, Inc. Conditional Licensing Agreement R-10715 (LID No. 35647) Case No. 13-9192 Renewal – District 9 21 East Tioga Street Tunkhannock, Wyoming County HOLD – 3/5/14 SESSION Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (11) Brian’s Café, Inc. Conditional Licensing Agreement R-1746 (LID No. 28371) Case No. 14-9068 Renewal – District 4 354 North Charlotte Street Pottstown, Montgomery County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (12) The Brick House Tavern, Inc. Renewal – District 4 t/a The Brick House Tavern R-12845 (LID No. 53539) Case No. 14-9062 1428 Butler Street Easton, Northampton County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse Renewal. (13) Castlerea Tavern, Inc. Renewal – District 11 R-11278 (LID No. 55277) Case No. 14-9065 2337 Marshall Road Upper Darby Township Lansdowne, Delaware County 5 Note: Board Minutes are not officially approved until all required signatures are affixed. Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (14) Eight Wonders of the Poconos, Inc. Renewal – District 9 t/a Mullers Family Restaurant R-20859 (LID No. 48891) Case No. 14-9063 5138 Milford Road Middle Smithfield Township East Stroudsburg, Monroe County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (15) Eli & Danny Management, Inc. Renewal – District 4 t/a La Poblanita Mexican Cuisine and Bar R-9303 (LID No. 61929) Case No. 14-9069 417-419 West Marshall Street Norristown, Montgomery County Motion Made: Board Member Marcus Seconded: Board Decision: Hold by Board Member Marcus for a Conditional Licensing Agreement. (16) Gerald G. Lowmaster Renewal – District 1 Marguerite G. Lowmaster t/a Jerry’s Tavern R-14749 (LID No. 16921) Case No. 14-9082 383 North Main Street Carrolltown, Cambria County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse Renewal 6 Note: Board Minutes are not officially approved until all required signatures are affixed. (17) Market Street Sports Bar, Inc. Renewal – District 4 R-11633 (LID No. 54911) Case No. 14-9060 50 & 42 Market Street Bangor, Northampton County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve with Existing Conditional Licensing Agreement. (18) Nexfaze, LLC Renewal – District 4 t/a Junction House Pub R-19087 (LID No. 48704) Case No. 14-9067 115 Walnut Street Lansdale, Montgomery County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Refuse Renewal. (19) Peggy J. Stover Conditional Licensing Agreement t/a Peggy’s Place Renewal – District 6 R-10807 (LID No. 14580) Case No. 14-9106 1057 West Pike Drive California Coal Center, Washington County Motion Made: Board Member Marcus Seconded: Board Member Holden Board Decision: Unanimously agreed (3-0 vote) to Approve Renewal with Conditional Licensing Agreement. (20) William Penn Restaurant and Bar, Inc. Renewal