BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer, Wine & Liquor Class B, Hotel/Restaurant On Sale Only Tony Alexis Jose Guevara Leon Andris The Applicants RESOLUTION 10-16 Proceedinas On February 4, 2010 , the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Tony Alexis, Jose Guevara, and Leon Andris on. behalf of 4806 Rugby Avenue, LLC, for a Beer, Wine, and Liquor License, Class B, Hotel/Restaurant, On Sale Only, for the premises known as Café del Sol, located at 4806 Rugby ‘Avenue, Bethesda, Maryland. During the hearing, the Board received testimony and documentary evidence from the applicants and/or witnesses regarding the application. Testimony 1. Applicant Leon Andris, who resides in Potomac, Maryland, is the manager of the 4806 Rugby Avenue, LLC. He owns the building where this facility is located. He is the resident agent for the business. 2. Applicant Jose Guevara was not present at the start of the hearing due to the fact that he was en route from Virginia. He arrived at 10:23 a.m. He stated that he is also known as Jose M. Guevara Argueta, but he usually goes by Jose Guevara. He stated that he will be one of the managers of this business but stated that he does ‘not have much experience in the sale and service of alcohol. Applicant Tony Alexis, who resides in Arlington, Virginia, will be in charge of the day- to-day operations of the business. He is currently in the software business with his brother. He has had four restaurants in Virginia and has been involved in partnerships with family members in restaurants that sold alcohol for approximately 30 years experience with no violations at any of the restaurants. 4, The applicants will have up to 15 employees. Currently, Tony Alexis and Jose Guevara are scheduled to take the alcohol-awareness certified class on February 6, 2010. Both of these applicants attended the Montgomery County Department of Liquor Control Alcohol Law Education and Regulatory Training (ALERT) class. The applicants stated that all employees handling alcohol will be alcohol-awareness certified; there will be one or two servers at a time who will handle the alcohol. The applicants also stated that the server will check patrons’ identification at the table, unless the alcohol is ordered at the bar, in which case, the bartender will check the patron's identification directly at the bar. 5, The applicant submitted a floor plan of the faciity at the hearing. There are a total of 28 seats for patrons, plus 7 seats at the bar. During lunch, the patrons will orderfood and alcohol at the counter and in the evening there will be walt staff at the tables. There is an outdoor café with 6 seats. The applicants stated that the alcohol ordered at the counter will be delivered to the table by a server. Currently, the applicants are renovating the former restaurant, and they plan to open in March 2010. 6. Amenu was submitted at the hearing. The applicants predict that the food-to- alcohol ratio will be approximately 75-25. 7. The hours of operation of the restaurant will be 11:00 a.m, to 10:00 p.m. Sunday through Thursday; and 11:00 a.m. to 1:00 a.m. Friday and Saturday. ‘8. Applicant Tony Alexis took the Board's ID test and missed two; 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 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 ILD. 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 on-sale service of alcoholic beverages compliments the food to be offered to patrons. ‘Conclusion of Law UPON a motion to grant the application, with an outdoor café, by Mrs. Metz, and seconded by Mr. Gilchrist, and unanimously carried by Mrs. Metz, Mr. Gilchrist, Mr. Thirolf, and Mr. Um, RESOLVED that the license applied for at the designated premises be and itis hereby APPROVED. ATTEST: Thereby attest that on February 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.also certify that on February 18, 2010, a copy of the foregoing was sent by first class ‘mall to all applicants, Division Chief, Licensure, Regulation & Education Department of Liquor Control ‘Montgomery County, Maryland