october 2014 appeals - michigan€¦ · hard body corporation, d/b/a starvin’ marvin’s, 7443...

HEARINGS CONDUCTED BY THE

MICHIGAN LIQUOR CONTROL COMMISSION Held: Thursday, October 2, 2014 Southfield District Office 25680 W 8 Mile Road Southfield MI 48033 Present: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner Absent: None ______________________________________ Chairman Deloney called the hearings to order at 10:05 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Commissioner Quimby, that the

minutes of the Southfield Appeal Hearings of September 25, 2014, be approved as written and presented, motion carried by unanimous vote.

2. Curtis Graham, Southfield, Oakland County Request ID#764012

The licensing hearing was conducted for Curtis Graham, Request ID# 764012. Rosendo Asevedo appeared on behalf of the Attorney General’s Office, Attorney John Carlin and Curtis Graham appeared on behalf of the applicant. Mr. Asevedo, Mr. Carlin and Mr. Graham offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of denial dated July 23, 2014 and to approve the request for a new Salesperson License, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

3. Hard Body Corporation, d/b/a Starvin’ Marvin’s, 7443 Michigan, Detroit, Wayne County Request ID# 763447 The show cause hearing was conducted for Hard Body Corporation, Request ID#

763447, which was tabled from the hearings held on July 31, 2014. Rosendo Asevedo appeared on behalf of the Attorney Generals Office, Attorney Jeff Fanto and stockholder, Nagy Mickhail, appeared on behalf of the licensee. Mr. Asevedo, Mr. Fanto and Mr. Mickhail offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to revoke the 2014 Class C license and permits, as set forth in the Show Cause Hearing Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

Hearings Conducted on Thursday, October 2, 2014

4. HC Southfield LLC, 28100 Franklin, Southfield, Oakland County Request ID# 717406

The licensing hearing was conducted for HC Southfield LLC, Request ID# 717406. Rosendo Asevedo appeared on behalf of the Attorney General’s Office and Attorney John Carlin appeared on behalf of the applicant. Mr. Asevedo and Mr. Carlin offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of denial dated August 20, 2014 and to remand the application back to the Licensing Division for further review, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

5. NZ Inc., 2506 Corunna, Flint, Genesee County Request ID# 756782

The church hearing was conducted for NZ Inc., Request ID# 756782. Rosendo Asevedo appeared on behalf of the Attorney Generals Office, Attorney Michael Jablonski and Shouky Zerka, stockholder, appeared on behalf of the applicant, and Senior Pastor David Johnson appeared on behalf of the objecting church, New Generation Holiness Center Church. Mr. Asevedo, Mr. Jablonski, and Pastor Johnson offered comments regarding this case. After discussion on the record, Chairman Deloney advised that the findings of the Commission are as follows: that New Generation Holiness Center Church filed a proper objection to the granting of the transfer ownership of Specially Designated Distributor license and that the applicant had the burden of proceeding, and that the applicant had to show by competent, material and substantial evidence that issuance of the license would not adversely affect the normal operation of the church. Chairman Deloney made a motion that the applicant has demonstrated that a waiver of MCL 436.1503 would NOT adversely impact the normal operation of the church, and that the application should proceed with no impediment. Supported by Commissioner Olshove, the motion was carried by unanimous vote.

6. Elias Entertainment Company, L.L.C., 6609 Michigan, Detroit, Wayne County Request ID# 769013

The show cause hearing was conducted for Elias Entertainment Company, L.L.C., Request ID# 769013. Rosendo Asevedo appeared on behalf of the Attorney General’s Office, Attorney David Draper, Attorney Alex Lyzohub and Shamil Gappy, sole member, appeared on behalf of the licensee. No one was present for the Detroit Police Department. Mr. Asevedo, Mr. Draper, Mr. Lyzohub and Mr. Gappy offered comments regarding this case. After discussion on the record, Chairman

Hearings Conducted on Thursday, October 2, 2014

Deloney made a motion that as the emergency situation remains in existence, the licenses shall remain suspended until the Show Cause hearing continues on Thursday, October 9, 2014, at 10:00 a.m., as set forth in the Emergency Suspension Hearing Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

With no further business, moved by Commissioner Olshove and supported by Commissioner Quimby, that the Appeal Hearings be adjourned at 1:04 p.m., motion carried by unanimous vote. Andrew J. Deloney Chairman


MICHIGAN LIQUOR CONTROL COMMISSION Held: Tuesday, October 7, 2014 Lansing District Office 525 W Allegan Lansing MI 48933 Present: Andrew J. Deloney, Chairman Dennis Olshove, Commissioner Absent: Teri L. Quimby, Commissioner ___________________________________________ Chairman Deloney called the hearings to order at 10:01 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Chairman Deloney, that the

minutes of the Lansing Appeal Hearings of September 30, 2014, be approved as written and presented, motion carried by unanimous vote.

2. Moved by Chairman Deloney, supported by Commissioner Olshove, that the request

to amend the minutes of the Appeal Hearings held on October 22, 2013, by deleting the home address of Jonathan Millsap from the record, be approved. Motion carried by unanimous vote.

3. GRBC Holdings, LLC, 1-7 Ionia SW, Grand Rapids, Kent County

Request ID# 655115

The show cause hearing was conducted for GRBC Holdings, LLC, Request ID# 655115, which was tabled from the appeal hearings held on March 4, 2014. Jason Geissler appeared on behalf of the Attorney Generals Office, Attorney Michael Brown and Attorney Scott Edwards appeared on behalf of licensee. Mr. Geissler, Mr. Hall and Mr. Edwards offered comments regarding this case. After discussion on the record, Chairman Deloney advised the matter would be tabled to a hearing on a future date.

4. Alaska Airlines, Inc., North Terminal, Detroit Metro Airport, Romulus, Wayne County

Request ID# 761335 The licensing hearing was conducted for Alaska Airlines, Inc., Request ID# 761335,

where the licensee has requested to change their original request from one that asks the Commission to strike the server training requirement, to a request for a waiver of the server training requirement as authorized in MCL 436.1501. Jason

Hearings Conducted on Tuesday, October 7, 2014 Page 2

Geissler appeared on behalf of the Attorney Generals Office, Attorney Michael

Brown and Attorney Scott Edwards appeared on behalf of licensee. Mr. Geissler, Mr. Brown and Mr. Edwards offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to approve licensee’s request for a waiver of MLC 436.1501(1) inasmuch as the Commission finds that the licensee has FAA approved training in place to satisfy the mandatory server training requirements, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

With no further business, moved by Commissioner Olshove, supported by Chairman Deloney, that the Appeal Hearings be adjourned at 10:53 a.m., motion carried by unanimous vote. ______________________________ Andrew J. Deloney Chairman


MICHIGAN LIQUOR CONTROL COMMISSION Held: Thursday, October 9, 2014 Southfield District Office 25680 W 8 Mile Road Southfield MI 48033 Present: Andrew J. Deloney, Chairman Dennis Olshove, Commissioner Absent: Teri L. Quimby, Commissioner ______________________________________ Chairman Deloney called the hearings to order at 10:08 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Chairman Deloney, that the

minutes of the Southfield Appeal Hearings of September 25, 2014, be approved as written and presented, motion carried by unanimous vote. 2. Believe in the Light Inc, 7468 E Davison, Detroit, Wayne County Request ID# 754960

The licensing hearing was conducted for Believe in the Light Inc, Request ID# 754960. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office, Attorney Joseph Shallal and Rhonda Pratt, sole stockholder, appeared on behalf of the applicant. Ms. Pytel-McDowell and Mr. Shallal offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial dated August 29, 2014 and to approve the request to transfer ownership of 2014 Class C License from Phyllis M. Miller, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

3. Owosso Hotel Business, Inc., 300 E Main, Owosso, Shiawassee County Request ID# 755594

The licensing hearing was conducted for Owosso Hotel Business, Inc., Request ID# 755594. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office, Attorney Michael Kiryakoza, and stockholders Joe Kouza and Haytham Beshi, appeared on behalf of the applicant. Ms. Pytel-McDowell and Mr. Kiryakoza offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial dated September 19, 2014 and to approve the request to transfer ownership of 2014

Hearings Conducted on Thursday, October 9, 2014 Page 2

Resort B-Hotel and permits from Tanglewood Development Co., as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

4. Elias Entertainment Company, L.L.C., 6609 Michigan, Detroit, Wayne County Request ID# 769013

The show cause hearing was conducted for Elias Entertainment Company, L.L.C., Request ID# 769013, which was tabled from the hearings held on October 2, 2014. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office, Attorney David Draper, Attorney Alex Lyzohub and Shamil Gappy, sole member, appeared on behalf of the licensee. Appearing for the Detroit Police Department was Counsel Eric Gaabo and Legal Advisor to the Chief of Police, Celia Washington. Ms. Pytel-McDowell, Mr. Draper, Mr. Lyzohub, Mr. Gaabo and Ms. Washington offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to lift the emergency suspension effective October 16, 2014, as set forth in the Emergency Suspension Hearing Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

With no further business, moved by Commissioner Olshove and supported by Chairman Deloney, that the Appeal Hearings be adjourned at 11:13 a.m., motion carried by unanimous vote. Andrew J. Deloney Chairman


MICHIGAN LIQUOR CONTROL COMMISSION Held: Tuesday, October 14, 2014 Lansing District Office 525 W Allegan Lansing MI 48933 Present: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner Absent: None ___________________________________________ Chairman Deloney called the hearings to order at 10:09 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Commissioner Quimby, that the

minutes of the Lansing Appeal Hearings of October 7, 2014, be approved as written and presented, motion carried by unanimous vote.

2. Andrew Paterson, Grand Blanc, Michigan Request ID#764959

The licensing hearing was conducted for Andrew Paterson, Request ID# 764959. Dawn Hetzel appeared on behalf of the Attorney Generals Office and Andrew Paterson appeared on behalf of himself. Ms. Hetzel and Mr. Paterson offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial dated August 6, 2014, and to approve the request for a new Salesperson License, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

3. Restall, Inc., 4949 Garfield, Auburn, Bay County Request ID# 482445 The licensing hearing was conducted for Restall, Inc., Request ID# 482445, which

was tabled from the hearings held on July 8, 2014 and September 30, 2014. Dawn Hetzel appeared on behalf of the Attorney Generals Office and no one was present for the licensee. Ms. Hetzel offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial dated May 23, 2014, and to approve an extension of escrow beyond the five years for the 2013 Resort Class C license until April 30, 2015, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

Hearings Conducted on Tuesday, October 14, 2014 Page 2

4. Slocum’s Gifts, Décor and More, LLC, 111 Main, Buchanan, Berrien County

Request ID# 578605 The show cause hearing was held for Slocum’s Gifts, Décor and More, LLC,

Request ID# 578605, which was tabled from the hearings held on January 14, 2014. Dawn Hetzel appeared on behalf of the Attorney Generals Office and no one appeared on behalf of the licensee. Ms. Hetzel offered comments regarding the email that was received from Attorney R. McKinley Elliott and that a phone conversation was held with the Attorneys Generals Office that morning. After discussion on the record, Chairman Deloney advised this matter would be tabled to a hearing on a future date.

With no further business, moved by Commissioner Quimby, supported by Commissioner Olshove, that the Appeal Hearings be adjourned at 10:40 a.m., motion carried by unanimous vote. ______________________________ Andrew J. Deloney Chairman Anita Fawcett Commission Office


MICHIGAN LIQUOR CONTROL COMMISSION Held: Thursday, October 16, 2014 Southfield District Office 25680 W 8 Mile Road Southfield MI 48033 Present: Teri L. Quimby, Commissioner Dennis Olshove, Commissioner Absent: Andrew J. Deloney, Chairman ______________________________________ Commissioner Quimby called the hearings to order at 10:16 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Commissioner Quimby, that the

minutes of the Southfield Appeal Hearings of October 9, 2014, be approved as written and presented, motion carried by unanimous vote. 2. Alazan, LLC, 105 E Washington, Suite D, Marquette, Marquette County Request ID# 753615

The licensing hearing was conducted for Alzan, LLC, Request ID# 753615. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office, Attorney Kelly Allen and member Jose Alvarez, appeared on behalf of the applicant. Ms. Pytel-McDowell and Ms. Allen offered comments regarding this case. After discussion on the record, Commissioner Quimby made a motion to reverse the previous Commission Order of Denial dated August 6, 2014 and to approve the request to transfer ownership of 2014 Class C and Specially Designated Merchant licenses from BV Kelly, Inc., and to transfer location, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

3. Carleton Fuel Stop, Inc., d/b/a Carleton Fuel Stop, 12710 Grafton, Carleton, Monroe County Request ID# 756081

The show cause hearing was conducted for Carleton Fuel Stop, Inc., Request ID# 756081. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office and Attorney Kelly Allen, appeared on behalf of the licensee. Ms. Pytel-McDowell and Ms. Allen offered comments regarding this case. After discussion on the record, Commissioner Quimby advised the matter would be tabled to hearing on a future date.


With no further business, moved by Commissioner Olshove and supported by Commissioner Quimby, that the Appeal Hearings be adjourned at 10:56 a.m., motion carried by unanimous vote. Teri L. Quimby Commissioner


MICHIGAN LIQUOR CONTROL COMMISSION Held: Tuesday, October 21, 2014 Lansing District Office 525 W Allegan Lansing MI 48933 Present: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner Absent: None ___________________________________________ Chairman Deloney called the hearings to order at 10:09 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Commissioner Quimby, that the


2. Norton-Darb’s Tavern, LLC, 20985 Twenty Seven ½ Mile Road, Albion, Clarence

Township, Calhoun County Request ID# 768749 The licensing hearing was conducted for Norton-Darb’s Tavern, LLC, Request ID#

768749. Jason Geissler appeared on behalf of the Attorney Generals Office, Attorney Michael Brown and members Shawn Norton and Natalie Norton appeared on behalf of applicant. Mr. Geissler, Mr. Brown and Mr. Norton offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial dated October 7, 2014, and to approve the request for a Conditional License, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

With no further business, moved by Commissioner Olshove, supported by Commissioner Quimby, that the Appeal Hearings be adjourned at 10:37 a.m., motion carried by unanimous vote. ______________________________ Andrew J. Deloney Chairman


MICHIGAN LIQUOR CONTROL COMMISSION Held: Thursday, October 23, 2014 Southfield District Office 25680 W 8 Mile Road Southfield MI 48033 Present: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner Absent: None ______________________________________ Chairman Deloney called the hearings to order at 10:08 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Commissioner Quimby, that the

minutes of the Southfield Appeal Hearings of October 16, 2014, be approved as written and presented, motion carried by unanimous vote.

2. The hearing for Asaysia LLC, Request ID# 754666, which was scheduled for today,

has been postponed. 3. Regina Izzard, Redford, Michigan Request ID# 766572

The licensing hearing was conducted for Regina Izzard, Request ID# 766572. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office and Regina Izzard, appeared on behalf of herself. Ms. Pytel-McDowell and Ms. Izzard offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial dated August 22, 2014 and to approve the request for a new Salesperson license, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

4. Lansing Fuel Ventures, Inc., 601 W Saginaw, Lansing, Ingham County Request ID# 764821

The licensing hearing was conducted for Lansing Fuel Ventures, Inc., Request ID# 764821. Linda Pytel-McDowell appeared on behalf of the Attorney General’s Office


and Attorney Joseph Shallal, appeared on behalf of the applicant. Ms. Pytel-McDowell and Mr. Shallal offered comments regarding this case. After discussion on the record, Chairman Deloney advised the matter would be tabled to hearing on a future date.

With no further business, moved by Commissioner Olshove and supported by Commissioner Quimby, that the Appeal Hearings be adjourned at 11:19 a.m., motion carried by unanimous vote. Andrew J. Deloney Chairman


MICHIGAN LIQUOR CONTROL COMMISSION Held: Tuesday, October 28, 2014 Lansing District Office 525 W Allegan Lansing MI 48933 Present: Andrew J. Deloney, Chairman Dennis Olshove, Commissioner Absent: Teri L. Quimby, Commissioner ___________________________________________ Chairman Deloney called the hearings to order at 10:14 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Chairman Deloney, that the


2. Swami Investment, LLC, 5015 Gull, Kalamazoo, Comstock Township, Kalamazoo County Request ID# 755745

The licensing hearing was conducted for Swami Investment, LLC, Request ID# 755745. Jason Geissler appeared on behalf of the Attorney Generals Office, Attorney Gary Tibble and sole member, Umeshbhai Patel, appeared on behalf of the applicant. Mr. Geissler and Mr. Tibble offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to affirm the previous Commission Order of Denial dated September 10, 2014, and to deny the request for a new Specially Designated Merchant license, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

With no further business, moved by Commissioner Olshove, supported by Chairman Deloney, that the Appeal Hearings be adjourned at 10:29 a.m., motion carried by unanimous vote. ______________________________ Andrew J. Deloney Chairman Anita Fawcett Commission Office


MICHIGAN LIQUOR CONTROL COMMISSION

Held: Thursday, October 30, 2014 Southfield District Office 25680 W 8 Mile Road Southfield MI 48033 Present: Andrew J. Deloney, Chairman Teri L. Quimby, Commissioner Dennis Olshove, Commissioner Absent: None ______________________________________ Chairman Deloney called the hearings to order at 10:16 a.m., noting a quorum was present. 1. Moved by Commissioner Olshove, supported by Commissioner Quimby, that the

minutes of the Southfield Appeal Hearings of October 23, 2014, be approved as written and presented, motion carried by unanimous vote.

2. DL Enterprises, LLC, 12443-12449 Conant, Detroit, Wayne County Request ID# 711808

The licensing matter hearing was conducted for DL Enterprises, LLC, Request ID# 711808, which was tabled from the hearing held on August 28, 2014. Rosendo Asevedo appeared on behalf of the Attorney General’s Office, Attorney Patrick Howe, Leonard Manna and Dustin Williams, members, appeared on behalf of the applicant. Present for International Full Gospel Church of the Sons of God was Pastor Rhene Lee, Outreach Minister and Barbara Jones, Administrative Assistant., Present for Frontier International Academy was Attorney George Butler. Mr. Asevedo, Mr. Howe, Mr. Butler, Mr. Williams, Ms. Jones, and Pastor Lee offered comments regarding this case. After discussion on the record, Chairman Deloney advised the matter would be tabled to a hearing on a future date.

3. Oliver Pizza and Liquor, LLC, 9797 Dixie, Anchorville, Ira Township, St. Clair County

Request ID# 718626

The licensing matter hearing was conducted for Oliver Pizza and Liquor, LLC, Request ID# 718626, which was tabled from the appeal hearing held on August 7, 2014. Rosendo Asevedo appeared on behalf of the Attorney General’s Office, Attorney Peter Abbo and Nick Yaldo, member, were present for the applicant. Mr.


Asevedo, Mr. Abbo and Mr. Yaldo offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion to reverse the previous Commission Order of Denial, dated April 9, 2014, and to approve the request to transfer ownership of escrowed 2014 Specially Designated Distributor and Specially Designated Merchant license from D Brothers Party Store Inc. #1, with David M. Findling as Court Appointed Receiver, as set forth in the Licensing Appeal Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

4. Lentini LLC, 32456 Gratiot, Roseville, Macomb County Request ID# 764044 5. Almonte LLC, 17808-10-17816 Thirteen Mile, Roseville, Macmb County

Request ID# 764047

The show cause hearings were conducted for Lentini LLC, Request ID# 764044 and Almonte LLC, Request ID# 764047. Rosendo Asevedo appeared on behalf of the Attorney General’s Office, Attorney Joseph Shallal and member Alfredo Lentini, appeared on behalf of the licensees. Chairman Deloney asked whether there was any problems with handling the cases together as the facts of both cases led to the show cause hearings being scheduled, no objections from parties present. Mr. Asevedo, Mr. Shallal and Mr. Lentini offered comments regarding this case. After discussion on the record, Chairman Deloney made a motion that the Commission finds that the licensee has addressed the concerns that precipitated the hearings for both licensed businesses and that no further action will be taken against their licenses at this time, as set forth in the Show Cause Hearing Order. Commissioner Olshove supported and the motion was carried by unanimous vote.

With no further business, moved by Commissioner Olshove and supported by Commissioner Quimby, that the Appeal Hearings be adjourned at 12:30 p.m., motion carried by unanimous vote. Andrew J. Deloney Chairman

october 2014 appeals - michigan€¦ · hard body corporation, d/b/a starvin’ marvin’s, 7443...

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