BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer and Light Wine Class B On/Off Sale Oscar Fuentes ‘The Applicant RESOLUTION 10-26 Proceedings (On March 4, 2010, the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Oscar Fuentes, on behalf of Tex Mex Carryout, Inc., for the transfer of a Beer and Light Wine License, Class B, On/Off Sale, for the premises known as Tex Mex Carryout, located at 9103 Gaither Road, Galthersburg, Maryland. During the hearing, the Board received testimony and documentary evidence from the. applicant and/or witnesses regarding the application. Carlos Grajeda was sworn in as interpreter for the applicant who spoke Spanish. ‘Testimony 1. A tax letter from the Comptroller of the State of Maryland's office was read into the record and was translated, and a copy was given to the applicant. 2. Applicant Oscar Fuentes, who resides in Gaithersburg, Maryland, has lived in Montgomery County for 16 years. The applicant clarified that his phone number is 301~ 379-2782. His prior experience in the sale and service of alcohol includes work at a hotel that serves alcohol; although he does not serve the alcohol himself, he has seen his, manager serve it. 3, The applicant stated that off-sale service of alcohol starts as early as 6:30 a.m. or 7:00 a.m. The Board asked that the applicant work closely with ATES Grajeda regarding early morning sales of alcohol. ‘The on-sale service does not begin until 9:00 a.m. ‘The Board also cautioned the applicant regarding sales to intoxicated patrons. ‘The Board then advised Oscar Fuentes to be mindful of the community around his. facility. Mr. Fuentes stated that he has explained to his patrons that they cannot drink in the parking lot of his facility and must take the alcohol elsewhere to consume it, ‘A floor plan was submitted at the hearing. The facility has a total of six tables and 16 seats for patrons. There is no outdoor café, The applicant stated that the patron who ‘orders the alcohol is served It by the employee. 5. This facility is currently open and operating; applicant Oscar Fuentes stated that he took ‘over the business November 2, 2009.6. Amenu was submitted at the hearing. The Board inquired what kind of food is available at 9:00 a.m. when the alcohol sales begin and the applicant replied that itis very rare that customers order alcohol that early, but breakfast is available at that time. 7. The hours of operation of the facility are: Closed Sunday; 6:30 a.m. to 5:00 p.m. Monday through Friday and; 7:00 a.m. to 12:00 noon Saturday. 8. The applicant has one employee (the applicant's cousin). The applicant and his one ‘employee are alcohol-awareness certified by Maryland’ BEST; the applicant took the class at his restaurant. Applicant Oscar Fuentes also took the Montgomery County Department of Liquor Control Alcohol Law Education and Regulatory Training (ALERT) lass in Spanish. 9. At this hearing, Oscar Fuentes took the Board's I.D. test and scored 100%; he, therefore, passed the test. Findings of Fact Based on this evidence and the law, the Board concludes that the granting of this license is necessary for the accommodation of the public as required by Article 2B, Section 10-202 of the ‘Annotated Code of Maryland; that the applicant is a fit person to receive the license applied for; that the operation of the business will not unduly disturb the peace of the residents of the neighborhood in which the place of business is located; that there are no other reasons why such license should not be granted. The specific grounds for this conclusion are: 1. The applicant was able to properly answer questions with regard to the Alcoholic Beverage Laws. The applicant was familiar with I.D. requirements, purchasing procedures, and the legal age to purchase alcoholic beverages. 2. The applicant has not been convicted of a felony. 3. There was no opposition to the granting of this license. 4, The transfer of this license will have no additional impact on the density of off-sale licensed facilities in the immediate area. Conclusion of Law UPON a mation to grant the application by Mrs. Pefia-Faustino, and seconded by Mr. Gilchrist, and unanimously carried by Mrs. Metz, Mr. Thirolf, Mr. Um, Mr. Gilchrist, and Mrs. Pefia- Faustino, RESOLVED that the license applied for at the designated premises be and it is hereby APPROVED.ATTEST: Thereby attest that on March 4, 2010, a unanimous vote in favor of the granting of this license was held, and the Board of License Commissioners instructed the Director to issue this resolution. I also certify that on March 10, 2010, a copy of the foregoing was hand-dellvered to the applicant by Carlos Grajeda for translation purposes. Ofsing Qubue Kathie Durbin Division Chief, Licensure, Regulation & Education Department of Liquor Control Montgomery County, Maryland