BOARD OF LICENSE COMMISSIONERS FOR MONTGOMERY COUNTY Beer, Wine and Liquor Class B (On Sale Only Bruce Gross ‘The Applicant RESOLUTION 10-43 Proceedings (On April 8, 2010, the Board of License Commissioners for Montgomery County (Board) held a renewal hearing on the application by Bruce Gross, on behalf of Kentlands Diner, LLC, for the renewal of a Beer, Wine & Liquor License, Class B, Hotel/Restaurant, On Sale Only, for the premises known as Star Diner, located at 705 Center Point Way, Gaithersburg, Maryland. On March 2, 2010, a protest against renewal of the license for this facility, signed by 38 residents of the immediate vicinity of the facility was filed with the Board. The petition stated that the undersigned residents were asking the Board to not automatically renew the liquor license for Star Diner and requested a renewal hearing as a result of late night outdoor drinking noise at the Tiki Bar. In accordance with Section 10-301, Article 2B, Maryland Annotated Code, the Board sent a letter, dated March 4, 2010, to the Licensee advising him that the Board would hold a hearing ‘on the renewal of his license on April 8, 2010. sign was posted at the facility and appropriate publication in newspapers was done. At the hearing on April 8, 2010, the Board reviewed the applicable facts to determine whether the license should be renewed. During the course of that 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: Bruce Gross, licensee: In response to questions from the Board, applicant Bruce Gross stated that he has excellent relationships with the police department. He stated that they have changed the hour ‘that the music will stop from 10 pm to 9 pm. He stated that the relationship with neighbors in the vicinity of Star Diner is very good, with the exception of one or two people. The applicant stated that, on a scale from one to ten, his relationship with the community is a ten, other than those one or two people. Mr. Gross stated that he met with Mr. Richard Foley this past week and listened to his ideas, and he stated that he tries to accommodate him the best he can. Mr. Gross stated that his business can always be better. ‘The commissioners stated that Mr. Gross came before the Board last year as a result of the same complaints. ‘The commissioners wanted to know if anything had been done since thathearing in 2009. Mr. Gross responded by stating that he continually monitors the noise level and will walk over to the residential area to make sure the noise is not too loud in the neighborhood. {If they think the sound is too loud, they have the bass turned down, Mr. Gross stated that the hours of operation of the restaurant are: 8:00 a.m. to 10:00 p.m. ‘Sunday through Thursday; 8:00 a.m. to 11:00 p.m. Friday and Saturday. Mr. Richard Foley, who resides at 254-A Market Street East, Gaithersburg, Maryland, was not present at this hearing. No other person was present who raised an objection to the renewal of this license. Findings of Fact (On the basis of all the evidence of record, the Board makes the following findings of fact: 1, The licensee is willing to work with government officials to address the issues of noise in relation to the outside premises of his restaurant. 2. The renewal of this license is necessary for the accommodation of the public. 3. The operation of this business, if the license is renewed, will not unduly disturb the peace Of the residents of the neighborhood in which itis located. 4, The renewal of this license will not adversely impact the general health, safety, and welfare of the community, '5. There is no significant opposition to the granting of this license as expressed by testimony and letters received from residents of the neighborhood in which this establishment is located. Conclusion of Law UPON a motion to grant the renewal application, with the outdoor café, by Mr. Um, and seconded by Mrs. Metz, and unanimously carried by Mrs. Metz, Mr. Gilchrist, Mrs. Pena- Faustino, and Mr. Um, RESOLVED that the license applied for at the designated premises be and itis hereby ‘APPROVED. ATTEST: Thereby attest that on April 8, 2010, a unanimous vote in favor of the renewal of this license was held, and the Board of License Commissioners instructed the Director to issue this resolution,[also certify that on May 12, 2010, a copy of the foregoing was sent by first class mail to the applicant, Dos ~ athie Durbin Division Chief, Licensure, Regulation & Education Department of Liquor Control Montgomery County, Maryland