BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer and Light Wine Class D, (On/Off Sale Milton Ossorio Alberto Giorgio Macchione ‘The Applicants RESOLUTION 09-173 Proceedings ‘On December 3, 2009, the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Milton Ossorio and Alberto Giorgio Macchione, on behalf of Milton Investments Corporation, for the transfer of a Beer and Light Wine License, Class D, On/Off Sale, for the premises known as 3 Chicks, located at 10118 Colesville Road, Silver Spring, Maryland, During the hearing, the Board received testimony and documentary evidence from the applicants and/or witnesses regarding the application. Testimony 1. Atax letter from the Comptroller of the State of Maryland's office was read into the record and a copy was given to the applicants. 2. Applicant Milton Ossorio stated that he will have the same kind of business as the prior ‘owner: a carry-out charcoal chicken restaurant. This is his first experience with the sale and service of alcohol; however, he did previously work as a caterer. He is aware of the previous problems that occurred with the prior owner of the business and stated that one Of the issues was that the owner was not physically present at the facility. Applicant Giorgio Alberto Macchione clarified that his first name is Alberto and his middle name is Giorgio. He will not be active in this business; he is retired. 3. The applicants have one employee. Applicant Milton Ossorio, his wife, and the one employee are all alcohol-awareness certified. The applicant obtained his certification from Norman Neverson. The applicants did not attend the Montgomery County Department of Liquor Control Alcohol Law Education and Regulatory Training (ALERT) class, but Milton Ossorio plans to attend with his wife on December 7, 2009. 4. A floor plan was submitted at the hearing. There are 24 seats in the facility; nine tables with two to six seats at each, No changes were made to the previous layout of the restaurant, except for the removal of some seats near the bathroom which enabled the cashier to be more accessible to the patrons. The facility is handicapped-accessible. ‘There is no outdoor seating area. The applicants took over the business on September 6, 2009 and are currently open for business.5. Marvin Memorial Methodist Church is approximately 318’ and Montgomery Blair High School is approximately 641’ from this facility; thus requiring a unanimous decision by the Board for approval of this license transfer. 6. Lunch and dinner menus are available featuring South American cuisine. A menu was submitted at the hearing. The menu submitted is the same menu from the prior restaurant, Kenny's Chicken. The applicant stated that the alcohol will be dispensed by the employees at the cash register after the ID is checked. 7. Hours of operation of the facility are 11:00 a.m, to 9:30 p.m. Sunday through Saturday. 8. Applicant Milton Ossorio missed two of the five acceptable forms of ID's; he knew the drivers license, military ID, and passport. The Board reviewed with the applicants what the five acceptable forms of ID are. The Board also explained routine inspections and compliance checks to the applicants. 9. Applicant Milton Ossorio took the Board's ID test and missed two; he, therefore, passed the test. 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 28, Section 10-202 of the ‘Annotated Code of Maryland; that the applicants are fit persons 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 applicants were able to properly answer questions with regard to the Alcoholic Beverage Laws. The applicants were familiar with ID. requirements, purchasing procedures, and the legal age to purchase alcoholic beverages. 2. The applicants have 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 motion to grant the application by Mr. Um, and seconded by Mr. Gilchrist, and unanimously carried by Mrs. Metz, Mr. Thirolf, Mr. Gilchrist, Mrs, Pefia-Faustino, and Mr. Um, RESOLVED that the license applied for at the designated premises be and it is hereby APPROVED. For any transfer of an alcoholic beverage license, all State of Maryland and Montgomery County taxes and/or financial obligations must be paid and the alcoholic beverage license transferred to the applicants within 30 days of receipt of this resolution,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 16, 2009, a copy of the foregoing was sent by first class ‘mail to all applicants. Oysow Divisibn Chief, Licensure, Regulation & Education Department of Liquor Control Montgomery County, Maryland