BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer, Wine & Liquor Class B, Hotel/Restaurant (On Sale Only Lilian Clary ‘The Applicant RESOLUTION 09-172 Proceedings (On December 3, 2009, the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Lilian Clary, on behalf of Lili Corporation, for the transfer of location for a Beer, Wine, and Liquor License, Class B, Hotel/Restaurant, On Sale Only, for the premises known as Carbon Peruvian Chicken & Grille, which premises are currently located at 117 North Frederick Avenue, Gaithersburg, Maryland and are relocating to 100-F Gibbs Street, Rockville, Maryland. During the hearing, the Board received testimony and documentary evidence from the applicants and/or witnesses regarding the application. ‘Testimony 1, The Board decided to conduct this hearing as an abbreviated hearing due to the fact that applicant Lilian Clary is a current licensee with no prior violations. The applicant stated that she has lost the lease at the Gaithersburg location and that is the reason for this transfer of location, 2. This application appears to have met the multi-license provisions of Article 28, Section 9- 102. Should this transfer of location be granted, this license will remain as the “original” lass B (BWL), H/R, On Sale Only, license issued to the applicant, Lilian Clary. The license information is as follows: + La Flor de la Canela, 117 North Frederick Avenue, Gaithersburg: license issued ‘August 1998: relocating to 100-F Gibbs Street, Rockville, Maryland, with new trade name of “Carbon Peruvian Chicken & Grille * La Canela, 141-D Gibbs Street, Rockville, Lian Clary, "Rockville License” issued October 2007. 3. Applicant Lilian Clary, who resides in Silver Spring, Maryland, stated that she has been a resident of Montgomery County, Maryland for 19 years. She stated that she has had no alcohol violations at the Gaithersburg location which has been in operation for 13 years. 4, The applicant will have six employees. Applicant Lilian Clary and all her employees are alcohol-awareness certified. The applicant obtained her certification from John Murray ‘and submitted a copy of her certificate at the hearing.5. This new location was formerly a restaurant known as Mo’s Southwest Gril. This facility will have a total of 40 seats for patrons. ‘There is no bar area or outdoor café. The patrons will order at the counter; however, the alcohol will be ordered at the tables. The facility is currently under construction and the applicant plans to open in early February 2010. A floor plan was submitted at the hearing. 6. Lunch and dinner are available, featuring Peruvian cuisine and specializing in rotisserie chicken. A menu was submitted at the hearing, Findings of Fact Based on this evidence and the law, the Board concludes that the granting of this license {s 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 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 Mrs. Pefia- Faustino, and seconded by Mr. Um, and unanimously carried by Mrs. Metz, Mr. Um, Mr. Thirolf, Mr. Gilchrist, and Mrs. Pefia- Faustino, RESOLVED that the license applied for at the designated premises be and it is hereby APPROVED. 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. also certify that on December 16, 2009, a copy of the foregoing was sent by first class ‘mail to all applicants. Pe Division Chief, Licensure, Regulation & Education Department of Liquor Control ‘Montgomery County, Maryland