BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Kiwon Chong Gi Young Chong Hyoun Sook Lee Licensees RESOLUTION 09-178 Proceedings On December 17, 2009, the Board of License Commissioners for Montgomery County (the Board) held a hearing to show cause why the Beer, Wine and Liquor license, Class B, On Sale Only, issued to Kiwon Chong, Gi Young Chong and Hyoun Sook Lee, for the premises known as Sushi Damo, located at 36 Maryland Avenue, #6, Rockville, Maryland, should not be suspended or revoked, or why other sanctions permitted by law, including but not limited to fines and penalties, should not be imposed for alleged violations of the Rules and Regulations of the Board of License Commissioners, as stated in a letter dated November 24, 2009. In the letter dated November 24, 2009, it was alleged that on October 26, 2009, there were no invoices available for inspection when requested, in violation of the Rules and Regulations of the Board of License Commissioners, Chapter 5, Standards of Operations, Section 5.5, Records. At the outset of the proceeding, the licensees admitted, with an explanation, that on October 26, 2009, there were no employee records or invoices available for inspection. The Board then held a disposition hearing to review the applicable facts and determine the appropriate sanctions. During the course of the hearing, the Board received testimony and documentary evidence from witnesses including the licensure file and inspection reports. Evidence Presented The Board received the following evidence: James Brady, Alcohol Tobacco Enforcement Specialist:ATES Brady testified that on October 26, 2009, at approximately 2:20 p.m., he went into Sushi Damo to conduct a routine inspection. He stated that Christine Choi identified herself to him as the manager on duty. Inspector Brady asked Ms. Choi for invoices for the purchase of alcoholic beverages and she told Inspector Brady that she could not get to the invoices because they were locked in the office. In response to questions from the Board, Inspector Brady explained that Ms. Choi called the owner of Sushi Damo but still was not able to produce the invoices for Inspector Brady. Inspector Brady stated that he had stressed when the facility first opened that the invoices need to be available for inspection. He stated he has not been back to Sushi Damo since October 26, 2009. Gi Chong, licensee: Ms, Gi Chong stated that she and her husband, Kiwon Chong, who is also a licensee, have moved and their new address is 17218 Doctor Bird Road, Sandy Spring, Maryland 20860. Ms. Chong testified that her husband hurt his back in October 2009 and that he was the person who usually dealt with the wholesaler. On October 26, 2009, Ms. Chong had left Sushi Damo at about 1:45 p.m. to go to Costco for food. While she was away from the restaurant she received a phone call from Christine Chol, who reported to her that Inspector Brady had arrived and needed to see the invoices. Ms. Chong stated that she asked to speak with inspector Brady and she asked him if he could wait 30 or 40 minutes until she returned to the restaurant, but the inspector told her the records needed to be available when the inspector arrived. Ms. Chong stated that her understanding of Section 5.5 of the Board's Rules and Regulations was that they needed to keep the invoices secure; she did not believe that the emphasis of Section 5.5 was on having the invoices available for the inspector. Prior to this violation, she stated they kept the invoices under lock and key. After talking with Inspector Brady and his supervisor, Ms. Chong stated that she now realizes that the invoices need to be available at all times. She has now found another location in the restaurant to keep the invoices where the employees won't necessarily see them. She stated that she felt she misinterpreted the importance of the rule, but that now she has made adjustments, and the files are in a safe place, Ms. Chong felt that the emphasis was on having the invoices secure for two years and she did not understand that they had to be readily available. She explained that she now understands that inspectors are busy and can’t wait around to see invoices if they are not immediately available. In response to questions from the Board, Ms. Chong stated that they have had the license for two and a half years. She was reminded by the Board thatthis requirement to have invoices available for inspection was covered at the hearing when the license was first approved, Ms. Chong stated that she did not attend the Montgomery County Department of Liquor Control alcohol law (ALERT) class, She was encouraged by the Board to attend the class and to send her employees to it also. She stated that she is alcohol-awareness certified. Ms. Chong stated that Sushi Damo’s only prior violation was an alcohol-awareness violation and that they had all the employees become alcoho!- awareness certified after that violation. Findi fact On the basis of evidence presented, including the licensure file and the investigative reports, and having had an opportunity to view the witnesses, observe their demeanor, and judge their credibility, the Board finds as a matter of fact, that: 1. On October 26, 2009, the licensees’ employee, Christine Choi, was unable to produce invoices when requested by duly authorized representatives of the Board. 2. The licensure file for Sushi Damo shows that the license was issued on June 29, 2007. » . The licensure file for Sushi Damo shows that there have been the following prior violations: DATE VIOLATION PENALTY 6/25/09 No one with alcohol-awareness certification on premises $100 fine paid Applicable Law The Rules and Regulations of the Board of License Commissioners provide in Section 5.5, Records: (@) Alcoholic Beverage Purchases. Licensees must keep accurate records of all purchases of alcoholic beverages for a period of two (2) years from the date of each purchase. These records must include the date of each purchase, the quantity purchased, and the name and address of the seller. These records must be maintained on the licensed premises and must be available for inspection at all times by all duly authorized representatives of the Board. (6) #RRRElusi The licensees admitted violating the Rules and Regulations of the Board of License Commissioners, specifically Section 5.5 Records, on October 26, 2009. Upon a motion by Mrs. Pefia-Faustino, and seconded by Mrs. Metz, and unanimously carried by Mrs. Metz, Mrs. Pena-Faustino, Mr. Um, and Mr. Thirolf, the Board: 1. Determined that the public welfare and morals would not be impaired by allowing the licensee to operate and that payment of a fine will achieve the desired disciplinary purposes. 2. Assessed a Five Hundred dollar fine for the October 26, 2009, invoices violation; such fine to be due and payable no later than February 15, 2010. 3. Required that all licensees and an employee in a supervisory position must take the Montgomery County Department of Liquor Control's ALERT training within 90 days of the date that this resolution is mailed to the licensee, such training to be completed by April 12, 2010. This decision of the Board may be appealed to the Circuit Court for Montgomery County, Maryland pursuant to the provisions of Article 2B, Section 16-101 of the Annotated Code of Maryland, and Title 7, Chapter 200 of the Maryland Rules of Procedure. ATTEST: 1, the undersigned, hereby certify that the Board adopted the foregoing Resolution on January 7, 2010. T also certify that on January 12, 2010, a copy of the foregoing Resolution was sent by certified mail, return receipt requested, to the licensees, and by regular first class mall, postage prepaid, to the licensed premises. te DWbe Kathie Durbin Division Chief Division of Licensure, Regulation, and Education Department of Liquor Control For the Board of License Commissioners For Montgomery County, Maryland