Liquor board permits 10-day closure, extends Boston's license for transfer but bars interim use

The Charles County Liquor Board on May 14 approved a 10-day closure for renovations at Boston's Gourmet Pizza, extended the restaurant's liquor license to preserve its validity for an ownership transfer, and denied the new establishment's request to operate under that license before transfer.

Sue Greer, attorney representing the prospective transferees and Creek Sports Bar interests, told the board her April 7 letter sought permission "to operate under the existing license for a period not to exceed 30 days" while a planned April closing and renovations proceeded. Greer said the businesses submitted required permit materials and that the planned renovation would physically separate a new, nonalcohol restaurant called Flavor Hive from the Creek Sports Bar so patrons could not move between the two without going outside. "There is no alcohol to be sold within the Flavor Hive," she said, adding that "as soon as we saw" an after-hours email indicating the board had not approved continued operation, they stopped service.

The request exposed a procedural gap the board debated. Commissioner Jones urged caution and warned against setting a precedent that lets applicants "ask for forgiveness later," saying the board had not seen or approved the April request. Board staff and a county attorney's office representative explained that submissions go through the county attorney for review and that the agenda cutoffs and missing documents — including a change-of-occupancy and certain filings — complicated placement on the May agenda.

An alcohol-enforcement official told the panel that if alcohol were sold without proper licensing "the sale of any alcohol will be a criminal matter that I would really try to avoid discussing at this juncture." The board went into closed legal session for counsel and returned to vote on three motions: approve the business closing for more than 10 consecutive days (for renovations), extend the validity of Boston's license for the transfer process, and deny permission for the new establishment to use the current license for any purpose other than applying for a transfer. The board chair summarized: the closure was approved, the license's validity was extended to allow transfer, and interim operation by the prospective new operator was denied.

The board recorded the application packet and noted scheduling constraints: because publication deadlines were missed for the June hearing, the transfer application will appear at the July docket unless earlier procedural steps are completed. Greer said corrected application materials would be hand-carried and that her clients were disappointed but would return on the next scheduled transfer hearing date.

The board cited Rule 4.1094 (board rules governing prospective transferees working under an existing license) during discussion and invoked legal counsel under General Provisions Article 3-305(b) before resuming public session and voting. The board will revisit the transfer when the outstanding permits and the comptroller clearance are resolved.