BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer, Wine & Liquor ‘Class B, Hotel/Restaurant On Sale Only Wesley Sutler Rachel Steiman ‘The Applicants RESOLUTION 10-37 Proceedings (On March 18, 2010, the Board of License Commissioners for Montgomery County (Board) held a hearing on the application by Wesley Sutier and Rachel Steiman, on behalf of Relish Food Concepts, Inc, for a Beer, Wine, and Liquor License, Class B, Hotel/Restaurant, On Sale Only, for the premises known as Coalls, located at 5001 Wilson Lane, Bethesda, Maryland. During the hearings, the Board received testimony and documentary evidence from the applicants and/or witnesses regarding the application. 3. 5. Testimony ‘Commissioner Maria Pefia-Faustino disclosed that the owner of the building is a friend of her husband's and that she received two phone calls in regards to this application. One question was in regards to the hearing procedure and the other question was whether a lawyer was involved in this case. Commissioner Pefia- Faustino stated that she feels she can be objective and impartial in this case. ‘Applicant Wesley Sutier who resides in Kensington, Maryland, has 10 years of experience in the restaurant industry. His experience includes working at BD's Mongolian BBQ, at Savannah's located in Kensington, Maryland, for three years, and at Maggiano's Little Italy in Chevy Chase, Washington, DC, for at least two years. He Is the resident agent for this business, Rachel Steiman, who resides in District of Columbia, will be in charge of the day-to- day operations of this business. She is an owner/operator of this restaurant. Her prior experience includes working 10 years at BD's Mongolian BBQ located in Bethesda, Maryland, in many positions, including manager. She stated that there were no violations during her time employed at that restaurant. Oded Weizmann, who resides in Washington, DC, is an owner/operator of this business and will be working with Rachel Steiman. His prior experience includes ‘managing at BD Mongolian BBQ in Bethesda, Maryland for four years. He also was manager at the Silver Diner for three years, which just served beer and wine;. ‘The applicants submitted a floor plan of the facility at the hearing; the facility is three stories. The first floor is the restaurant, the second floor Is the art gallery and the third floor is the rooftop. There will be a total of 120-140 seats for patrons. The first floor consists of an area which is 1400 square feet and includes 40 seats, as well as ‘an outdoor sidewalk café that will have an additional 20 seats. If the patron wants6 10. AL 12. to go outside, alcoho! will be transported to the outdoor seating area by a server. ‘The entrance to the restaurant is on this level off of Wilson Lane. The second floor ‘mezzanine is 400 square feet and includes 20 seats; alcohol cannot be taken into the second floor art gallery. The third floor, which is a roof top garden, has 36 seats; there is a bar on the upstairs level. The building was previously a one-story vacuum, store and the owner of the building built it up to three levels. There is a circular staircase between floors that will not be in use, instead, an elevator will be used. ‘The restaurant is currently under construction. The applicants plan to open for business in June or July 2010. ‘The applicants stated that they will have a link on their website to the Bethesda Urban Partnership's map for public parking. ‘The applicants will have 20-30 employees. Both applicants Rachel Steiman and ‘Wesley Sutler are alcohol-awareness certified; Rachel Stelman and Oded Weisman also attended the Montgomery County Department of Liquor Control Alcohol Law Education and Regulatory Training (ALERT) class. The applicants stated that they will require all the front house employees to be alcohol-awareness certified and also attend the ALERT class. The applicants stated that, since there are multiple levels in their facility, ID's will be checked on each level. ‘A menu was submitted at the hearing. The concept for this facility will be an urban ‘backyard cookout including a grill inside the middle of the restaurant on the ground level and fresh locally-grown ingredients. The applicants stated that their expected food-to-alcohol ratio will be 60-40 or 70-30. ‘The hours of operation of the restaurant will be 11:30 a.m. to 1:00 a.m. Sunday through Thursday and 11:30 a.m. to 2:00 a.m. Friday and Saturday. Applicant Rachel Stelman took the Board's ID test and scored 100%; she, therefore, passed the test. ‘The Chair stated that the Board has received 86 letters and emails in ‘support of this application and two letters in opposition. ‘An objection to the granting of this license was raised by Richard Ring of Bethesda, Maryland on behalf of the residents of the Clarendon Road and Del Ray Avenue neighborhood. He read a letter that was signed by the residents in protest of this license; however, Mr. Ring stated that they would withdraw the objections if the applicants agree to the terms they have proposed. Richard Ring stated that he would send the office a copy of this letter after the hearing. The objections were in regards to the potential impacts on the residents of this neighborhood which is two blocks from the restaurant location. ‘The residents are concerned that the neighborhood will be affected by noise from the roof deck and that Del Ray Avenue and Clarendon Road will be used for restaurant parking. The residents request that the applicants seat patrons on the roof deck no later than 11:00 p.m. on weeknights ‘and 1:00 a.m. on weekends, They also request that the applicants use valet parking and direct their patrons to use the garages in the Bethesda business areas for parking and not have customers drive or park on Del Ray Avenue or Clarendon Road. ‘The Board Chair explained that the Board is limited by State law in what they can and cannot impose on a licensee. He stated that these terms cannot be incorporated on the license. Leanne Techmyer, one of the residents who signed the opposition letter, stated her ‘concern about the proximity to the Bethesda Elementary School, with regards to a ‘number of small children and strollers used in this area and that the sidewalk is not very wide where the applicant's patio Is proposed. Mrs. Techmyer stated that the letter from the Bethesda Montessori Schoo! was not from the parents of the school, just the director. Applicant Rachel Steiman’s response to the objections were thatshe knows that the community Is important to their success and they have met with the Bethesda Elementary PTA president and also with the Del Ray Avenue residents, (Ms. Steiman stated that they are willing to commit to the parking restrictions; however, they have concerns regarding the hour restrictions on the roof top and want to continue that discussion with the residents. 13. Michael Belisle, who resides in Bethesda, Maryland, submitted five more letters in ‘support of the application. He stated that both he and his wife own the building in which the applicants have applied and that he designed the bullding. He stated that they were very selective in whom they chose as tenants of thelr building and that they turned down a number of people. He stated that he attended the ALERT class. 14, Elise Harrison, who is a co-owner of the building and a tenant, stated that she is very ‘excited about COALS coming in. She operates the Gallery Neptune and Studio Neptune; an art gallery and studio. She stated that she brings in children, as well as adults, for educational sessions at her business. She is a mother and stated that the safety of the children who are present in the bullding is very important. 15, Marco DeCaro, who resides in Bethesda, Maryland, is a retired Montgomery County Police sergeant. He has been a long-time acquaintance of the landlords of this property and he has also worked in the Bethesda district as a police officer. He stated that he thinks the community will be happy with the addition of this business. 16, Robin Harris, who resides in Bethesda, Maryland, has been a resident of Bethesda for approximately 30 years. She lives very close to this location and supports the application and the building and thinks that the new business will be beneficial to the area. 1. Stephany Rothschild, who resides in Cabin John, Maryland, testified as to the character of Oded Welsman. She stated that she has known him for over 15 years ‘and thinks he will work with the community to make this business a success. 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 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 2 Beverage Laws. The applicants were familiar with I.D. requirements, purchasing procedures, and the legal age to purchase alcoholic beverages. ‘The applicants have not been convicted of a felony. 3. There was opposition to the granting of this license, but it appears that the applicants are 4 working with the community to address the concerns of area residents. The objections raised at the hearing did not provide sufficient reason for the Board to deny the application. ‘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 Mrs. Peffe-Faustino, 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. ATTES 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. also certify that on April 27, 2010, a copy of the foregoing was sent by first class mail to al) applicants. Ovvov Kathie Durbin Division Chief, Licensure, Regulation & Education Department of Liquor Control ‘Montgomery County, Maryland