An appeal has been filed in St. Mary’s County Circuit Court in an attempt to overturn a decision by the St. Mary’s Alcohol Beverage Board granting a Restaurant license to the McKay’s Hollywood location. According to Board Administrator Tamara Hildebrand, the appeal was filed on behalf of the St. Mary’s County Retail Beverage Association and WJ Dent & Sons, a Tall Timbers bar and restaurant.
The appeal was filed on September 7, the last day of the 30-day appeal window. At its August 8 meeting the board, also known as the liquor board, unanimously approved the transfer of the store’s existing Class A – Beer, Wine and Liquor license to a Class B Restaurant license. That will allow them to covert the store into a combination restaurant, wine bar, take-out prepared food store, small convenience store and expanded liquor store.
The transfer came after an unsuccessful attempt by the owners of McKay’s, a local grocery store chain, to divide the flagship Hollywood location, into two separate entities, a liquor store, and a café. The store’s existing liquor license was grandfathered under a state law that prohibits grocery chains from holding liquor licenses.
At the liquor board’s September 13 meeting, David Dent, representing the association of license holders and also his family business, attempted to get the board to stay their decision. He argued that his appeal will prevail because the state law does not allow the grandfathering to transfer to another class of license. “If not grandfathered the new license was improperly issued,” he said.
The McKay’s attorney Michael Davis argued strenuously against the stay. He said his clients had already made $300,000 in improvements to the building getting ready to reopen, noting that the appeal was made at the 11th hour. He said it would take at least six months for the appeal to be heard, costing his clients considerable financial hardship.
Davis called Dent a competitor to the McKay’s and said he was confident that his client would prevail.
The board unanimously turned down Dent’s
