The Potomac Highlands Dispatch - the online newspaper

Commissioner's proposed change in
liquor license law aimed at helping DelFest
* Public discussion of legislation to start Thursday
* Letter requesting bill sent to delegation without vote of support by commissioners

By The Potomac Highlands Dispatch
MOUNT SAVAGE, Jan. 26 -- Allegany County Commissioner Mike McKay has asked the District 1 legislative delegation to change state law in order to allow music promoters to apply for a temporary liquor license.

The move comes after a hotly debated 2010 issue in which DelFest organizers - specifically, the nonprofit group that applied for the liquor license for DelFest - were alleged to have violated state code. The allegations were made by the county liquor board's then-chairman Gerald Delaney, who has since resigned.

McKay sent a letter of request to the delegation on Tuesday, the last day which bills could be filed without overcoming additional obstacles toward passage. He said Wednesday he sent the letter with the knowledge of fellow commissioners Creade Brodie Jr. and Bill Valentine, as well as the liquor board, but not necessarily with the support of any of those individuals.

The change, as requested, would allow music promoters such as High Sierra Music which promotes DelFest, to apply for county liquor licenses so long as the event was being staged on county-owned property. The company would be eligible for a license for up to five days per year. Any fees the county collected from the license application would go to a charity as directed by the commissioners.

"Yes, this is going to take care of DelFest," McKay said, but "I'm also looking at future festivals."

McKay said the request stemmed from a conversation between County Administrator David Eberly and Delegate Wendell Beitzel Tuesday afternoon.

"I may be totally off base" with the request, McKay said, but "what I am trying to do (is) get ahead of issues. It was my intention to get ahead of this issue and solve this DelFest black eye ... that we had last year. I wanted to ... define the ability for the liquor board to paint an even brush across all parties" and treat applicants for liquor licenses from nonprofit groups and for-profits alike.

"The residents of Allegany County would not benefit by having a disagreement between the liquor board and applicants and ultimately having these discussions in the media with allegations being thrown," McKay said. "Our county can't afford to do that anymore."

McKay said he was not approached by anyone associated with DelFest managment or marketing about the proposal. He did let Barb Buehl, the county's tourism director and a member of the nonprofit group which applied for last year's DelFest liquor license, know of the letter of request.

There was no acknowledged wrongdoing by DelFest organizers or the nonprofit that applied for the liquor license. McKay noted as much but said there was a negative perception by some of the process. This would help prevent such issues from arising in the future.

"I'm not exactly sure DelFest did anything wrong," he said, "but I'm also not sure the way the temporary license is right now (is) designed for the same type of activity. The perception was that this was a black eye for our county and we didn't know what we were doing. We had a liquor board chairman resign over this thing. What I'm trying to do is alleviate that exact same problem again."

McKay said there was no time have public discussion before he sent the letter. That's because Tuesday was the deadline for which bills can be drafted and guaranteed by the Department of Legislative Services to be filed ahead of February deadlines for the General Assembly's two chambers (Feb. 4 for the Senate, Feb. 11 for the House). Bills filed after those dates will be sent to the Senate or House Rules Committees before being assigned to the statutory committee of jurisdiction.

The request will, however, be a part of the discussion at the commissioners' next public meeting scheduled for Feb. 3.