BOARD OF LICENSE COMMISSIONERS. FOR MONTGOMERY COUNTY Beer, Wine & Liquor Class B, Hotel/Restaurant On Sale Only Wan Kai Ching indy Ching ‘The Applicants RESOLUTION 10-35 Proceedings (On March 18, 2010, the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Wan Kai Ching and Cindy Ching, on behalf of Asian Cafe, LLC, for a Beer, Wine, and Liquor License, Class B, Hotel/Restaurant, On Sale Only, for the premises known as Asian Delight, located at 11305 Lockwood Drive, Silver Spring, Maryland, During the hearings, the Board received testimony and documentary evidence from the applicants and/or witnesses regarding the application. At the outset of the proceedings, Sophia Teng was sworn in as interpreter for the applicants who spoke Chinese. Testimony 1. Applicants Cindy Ching and Wan Kai Ching have no experience in the sale and service of alcohol; they are investors in this business. The applicants asked Sam Louie to manage the restaurant. 2, Manager Sam Louie, who resides in Columbia, Maryland, will be in charge of the day to day operations of the business. His prior experience includes 25 years in the sale and service of alcohol working in Howard County, Montgomery County and Baltimore County, Maryland, as an owner and manager. His former restaurants included Asian Bistro, located in Silver Spring and in Gaithersburg; he was the general manager at both facilities, Mr. Louie stated that he had no violations at any of the facilities he ran in Montgomery County. Both those restaurants are now under new management and Mr. Louie stated that he is not currently on any alcohol license in the state of Maryland. 3, Martin Johnson, who was formerly a Howard County police officer and participated in ‘alcohol enforcement in that county, stated that he has known Sam Louie for 25 years. Mr. Johnson was present at the hearing to speak on behalf of the applicants ‘and Sam Loule. Mr. Johnson stated that Sam Louie ran Jade Palace restaurant in Howard County and that Mr. Louis never had a violation on that license or on any other licenses he held in Howard County. He stated that this facility was formeriy a restaurant trading as Best City Buffet. He entered into the record maps and photos, Of the facility, an employee manual for the business, and copies of the alcohol awareness certificates for the applicants, manager, and two others.‘4, The applicants submitted a floor plan of the facility at the hearing. There will be a total of 125 seats for patrons, including 70 on the first (main) floor and 55 on the lower level. There are two private rooms on the lower level that have seating for 10- 15 patrons each. These rooms are separate from the dining room; however, they can be monitored through a glass window in the door. There are approximately 8-9 steps that divide the first and second floor. The upstairs area will include a service bar. The applicants stated that they will have no karaoke in the facility. ‘There will be no outdoor café. The first floor is handicapped-accessible. The applicants plan to ‘open for business April 18, 2010. 5. The applicants will have 18 employees. Manager Sam Louie is alcohol-awareness certified; he also attended the Montgomery County Department of Liquor Control Alcohol Law Education and Regulatory Training (ALERT) class along with the two applicants. The applicants stated that they will require all the front-of-the-house employees to be alcohol-awareness certified and will soon hold an alcoho-awareness certification class at the restaurant forall the employees. 6. Amenu was submitted at the hearing. The manager stated that the expected food- to-alcohol ratio will be 85-15. 7. The hours of operation of the restaurant will be 11:00 a.m. to 10:00 p.m. Sunday through Saturday. 8 Manager Sam Louie 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 ts 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 I.D. 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, by Mrs. Pefia-Faustino, and seconded by Mr. Gilchrist, and unanimously carried by Mrs. Metz, Mr. Thirolf, Mrs. Pefia-Faustino, and Mr. Gilchrist, RESOLVED that the license applied for at the designated premises be and it is hereby ‘APPROVED.ATTEST: Thereby attest that on March 18, 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, Talso certify that on March 23, 2010, a copy of the foregoing was sent by first class mail to all applicants, 4 : Quo’ Kathie Durbin Division Chief, Licensure, Regulation & Education Department of Liquor Control ‘Montgomery County, Maryland