BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer, Wine, and Liquor Class B, Hotel/Restaurant On Sale Only ‘Tae Hyung Kim Susie Sun ‘The Applicants RESOLUTION 09-159 Proceedings ‘On November 5, 2009, and December 3, 2009, the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Tae Hyung Kim and Susie Sun, for a Beer, Wine & Liquor License, Class B, Hotel/Restaurant, On Sale Only, for the premises known as Red Rock Cafe, which premises are located at 385 Muddy Branch Road, Gaithersburg, Maryland. During the hearing, the Board received testimony and documentary evidence from the applicants and/or witnesses regarding the application, lovember 5, 2009 1. Applicant Tae Hyung Kim stated that applicant Susie Sun, who was not present at this hearing, withdrew from this application two weeks ago and that a letter was sent to the Board's office stating so; however, the office did not receive the letter. Tae Hyung kim, who resides in Burtonsville, Maryland, stated that he has been a Montgomery County resident for two years. 2. The Board's Chair indicated that the Board could not proceed with the hearing without written notice from applicant Susie Sun that she has withdrawn from this application. 3, The hearing was continued to December 3, 2009, at 10:30 a.m., to allow time for a resignation to be obtained from Susie Sun. The Board stated that they will try to have a Korean interpreter present at the next hearing on December 3, 2009 ‘Testimony — December 3, 2009 At the outset of the proceedings, Brian Kim was sworn in as interpreter for the applicant who spoke Korean, ‘A summary of the November 5, 2009, hearing was read into the record. 2. Aresignation from Susie Sun has been obtained and is in the file.6. ‘Tae Kim stated that he has resided in Burtonsville, Maryland for two years and prior to that he lived in Virginia. Previous to this business, he ran a karaoke restaurant in ‘Annandale, Virginia from 1995 to 2006. He also ran a Chinese restaurant in Laurel, Maryland, after 2006, without the sale and service of alcohol. The applicant stated that he had no violations at his karaoke place in Annandale and he was unaware of the previous violations and problems that occurred at this facility in the past. He was then informed by the Board that, in the past two years, this facility had a sale to minor violation, a sale to intoxicated person violation, and an after-hours violation, and paid fines totaling $7,000.00. “The hours of operation of the restaurant will be 1:00 p.m. to 1:00 a.m. Sunday through Saturday. Any changes made to the hours of operation must be submitted in writing to the Board office prior to change. Lunch and dinner menus will be available featuring American cuisine. A menu was submitted at the hearing, The applicant expects to have a 50-50 food-to-alcohol ratio at this facility. Ratio reporting requirements were explained to the applicant by the Board. ‘The Board observed that the facility menu that was submitted has as many Pages of alcohol as it does of food; therefore, the Board stressed to the applicant that he needs to emphasize food at the facility. The applicant stated that if someone from a karaoke room orders alcohol, he will have screened the patron at the entrance of the facility and then the server will check the ID also. He also stated that he plans to add more food items to the menu, The applicant submitted a floor plan of the facility at the hearing. There are a total of 65 seats for patrons. There is no outdoor café. The applicant stated that this facility will hhave six pool tables, four karaoke rooms, and a bar with 18 seats for patrons. There will be nine tables with four chairs at each table. Every karaoke room has a window in the door that is approximately 3 feet x 3 feet and is located above the doorknob. Each karaoke room has two couches which will seat 3-4 patrons on each couch for a total of 8 ‘seats or less in each room. Photos of the karaoke rooms’ interiors and windows. ‘were shown to the Board and received for the file. The Board indicated that they would like to see larger windows in the karaoke room doors to ‘encompass half of the door in glass. The Board also expressed concerns about unlawful activity, such as prostitution, drugs and nudity, that could occur in the karaoke rooms and the Board stressed that the applicant needs to be very aware of what is going on in the karaoke rooms. Video games are also available for play in the restaurant and located to the left of the entrance. The applicant stated that he plans to open the restaurant next week. ‘The applicant will have eight employees; 3-4 will serve alcohol. Currently, the applicant and four employees are alcohol-awareness certified. The applicant stated that he received his alcohol-awareness training from the GOOD program. The applicant also attended the Montgomery County Department of Liquor Control Alcohol Law Education and Regulatory Training (ALERT) class. The applicant has hired a security guard who did not previously work at this facility. Compliance checks were explained to the applicant by the Board. Applicant Tae Kim took the Board's ID 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: 41, 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 on-sale service of alcoholic beverages compliments the food to be offered to patrons, ‘Conclusion of Law UPON a motion to grant the application, by Mr. Um, and seconded by Mrs. Metz, and unanimously carried by Mrs. Metz, Mr. Um, Mrs. Pefia-Faustino, Mr. Gilchrist, and Mr. Thirol, RESOLVED that the license applied for at the designated premises be and it is hereby ‘APPROVED. ATTEST: Thereby attest that on December 3, 2009, 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 December 11, 2009, a copy of the foregoing was sent by first class mail to the applicant. Hovis Qwow Kathje Durbin Division Chief, Licensure, Regulation & Education Department of Liquor Control Montgomery County, Maryland