Applicants for Dennis Point Marina asked the Alcohol Beverage Board on Feb. 8 to withdraw their application to transfer a Class D beer, wine and liquor license after board members determined that one named applicant already holds a Maryland liquor license and therefore could not be approved under state rules.
James Underhill and co-applicants told the board they purchased the Dennis Point Marina and Campground in April 2006 and planned renovations. They sought conditional approval to transfer the license from Tracy Gardner Jr. while renovations proceed; the applicants expected to reopen by late March. During questioning board members and staff identified a legal conflict: Underhill was listed on an existing liquor license for another business (Solomon’s Yachting Center), and board counsel pointed to Maryland Article 2B §9‑102 (referenced in the hearing) which prevents issuance when the applicant already holds another state license.
Board members advised options — withdraw and reapply without the disqualifying name, or resolve the other license with the issuing county — and explained denial would require waiting six months to reapply. After discussing timing and the need for agency approvals (health department, etc.), Underhill opted to withdraw the submission rather than face a likely denial and the subsequent six‑month bar.
The board accepted the withdrawal. No approval, vote or transfer occurred; staff advised the applicants they may resubmit corrected paperwork for the March agenda if they meet filing deadlines and agency approvals.
The board also discussed practical issues raised during the hearing, including renewal timing, conditional-license renewal procedures, and how to designate who may submit the renewal application when the prior licensee is unavailable.