Booze News: Distilled in Room 215

A blog about the Baltimore City Liquor Board

What happened at the Liquor Board on September 19, 2013.

Written by Becky Witt

Commissioners Smith, Fogleman and Jones in attendance.

1:00 p.m. cases

Applicant Douglas Christman (Deputy General Counsel for Red Robin) & Kimberly Asner.
Business Name Red Robin of Canton, Inc. (Real Name = Red Robin of Canton, LLC)
Trading As Red Robin
Address 3821 Boston Street
Type of License Class “B” Beer, Wine & Liquor License
Reason for hearing Application for a new Class “B” BWL. Under provisions of Article 2B §6-201(d)(vii), requiring $700,000 in capital investment in restaurant fixtures and facilities and a seating capacity exceeding 150 people; request for outdoor table service
Hearing notes

The establishment will go in the new Canton Crossing shopping center. The applicants submitted evidence of a $1.7 million dollar capital investment as well as a menu, a site plan and a floor plan showing a seating capacity of 174 people. Parking is not an issue for this application, since the Canton Crossing center is putting in lots of parking. Red Robin plans for 90% of its income to be from food and 10% to be from alcohol.

The Canton Community Association submitted a letter in support of the application. According to the licensees, 20% of its employees are from Canton and 90% are Baltimore City residents. In response to questioning by Commissioner Smith, the applicant stated that preference would be given to City residents.

Chairman Fogleman then double-checked the three character witnesses against the report from the Board of Elections and the Board staff’s SDAT real property search.

Zoning B-2-2.
Neighborhood Canton.
Area demographics 86% White, 4% Black, 3% Asian; 5% Hispanic ethnicity; 9% households have children under age 18; median household income: $82,130
Does corp entity exist, in good standing? Yes; yes. But its name is Red Robin of Canton, LLC, not Inc.
Location of entity’s principal office 3821 Boston Street, Baltimore, MD, 21224.
One applicant reside in Balt for 2 yrs? Yes, Ms. Asner. Ms. Asner’s relationship to Red Robin of Canton is unclear; she is not the manager of the facility (or, at least, she is not listed as the manager on the application for the license). The Board did not ask Ms. Asner how she is related to the establishment.
Pecuniary interest of Baltimore City resident 0%
Attorney for licensee Ms. Leanne Schrecengost.
# in support 2
Attorney for community N/A
# of protestants 0
# of inspectors Agent Fosner reported that the sign remained posted for ten days.
Result of hearing Approved.
Vote tally Unanimous.
Portions of state law cited in decision MD Code Art. 2B § 10-202(a): “Before approving an application and issuing a license, the board shall consider: 1) The public need and desire for the license; 2) The number and location of existing licensees and the potential effect on existing licensees of the license applied for; 3) The potential commonality or uniqueness of the services and products to be offered by the applicant’s business; 4) The impact on the general health, safety, and welfare of the community, including issues relating to crime, traffic conditions, parking, or convenience; and 5) Any other necessary factors as determined by the board.”
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Robert Makarovich & Jamie Makarovich
Business Name Robjam, Inc.
Trading As Clipper Mill
Address 1619 Union Avenue
License Type Class “B” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on February 7, 2013)
Hearing notes

Baltimore City Police Detective Greenhill read his report of the incident. On February 7, 2013, at 9:15pm, underage police cadet Brandon Hurst ordered 12 oz bottle of Bud Light, using a marked $20 bill. The bartender at Clipper Mill did not ask Mr. Hurst for proof of age.

The licensees admitted the violation and told the Board that the bartender who sold the beer to the cadet had been fired and that they take underage drinking seriously.

Zoning M-2-1
Neighborhood Hampden
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 1619 Union Ave., Baltimore, MD 21211.
Attorney for licensee Mr. Kevin O’Keefe.
Result of hearing Guilty.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees David Kolper
Business Name Kolper Properties, Inc.
Trading As Birroteca
Address 1520 Clipper Road
License Type Class “B” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on February 7, 2013)
Hearing notes

Baltimore City Police Detective Greenhill read his report. On February 7, 2013, underage police cadet Brandon Hirsh ordered a pint of Allagash beer with a marked $20 bill. The bartender served Mr. Hirsh the beer and took the $20 bill without asking for identification.  The police agents were, however, unable to recover the marked $20 bill.

Robbin Haas appeared on behalf of the licensee, David Kolper. He explained that Birroteca is a “brand new restaurant,” that the bartender who served the cadet is no longer employed there, and that Birroteca has introduced a new policy of carding every patron who looks under the age of 35.

Chairman Fogleman pointed out that same licensee, David Kolper, had been found guilty in 2010 for multiple counts of violation of Rule 4.18, which states in relevant part that “[n]o licensee shall commit or allow the commission on his premises of any act which shall be contrary to any federal, state, or local statute…” The statute which the licensee allowed to be violated in this case was Maryland State Code Article 2B §12-108(d), which prohibits the licensee from permitting consumption or possession by underage people.

Mr. Haas testified that Birroteca is “a brand new business” and that the former owners have since left the business. Chairman Fogleman responded that David Kolper is still the named licensee and that Birroteca is still operating under the same license as they were in 2010.

Mr. Kodenski pointed out that the 2010 violation was of Rule 4.18, while the violation before the Board that day was of Rule 4.01. Both violations, however, had to do with the same activity, which was serving alcohol to minors.

Zoning M-2-1
Neighborhood Hampden/Jones Falls Area
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 1518-1520 Clipper Rd, Baltimore, MD 21211.
Attorney for licensee Mr. Melvin Kodenski
# in support 2
Result of hearing Guilty of 401(a) violation. Board will look at it as a first offense.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision Since the management of the establishment had changed, the Board will treat the offense as a first offense, even though there were two previous offenses within the three years, in November 2010.
Issues raised in audit present in this case None.
Licensees Soon Ae Seo
Business Name Seo Corporation
Trading As Hoffman Liquors
Address 4401-03 Park Heights Avenue
License Type Class “A” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on February 7, 2013)
Hearing notes The licensee admitted guilt and said that he should have paid more attention.
Zoning B-2-2
Neighborhood Park Heights
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 4401 Park Heights Ave, Baltimore, MD 21215.
Attorney for licensee None/unrepresented.
Result of hearing Guilty of a first offense.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Leno Grant
Business Name Two Spot, Inc.
Trading As Grant’s 2 Spot
Address 2 N. Wheeler Avenue
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on April 23, 2013)
Hearing notes

Baltimore City Police Detective Greenhill read from his report: an underage informant named Dejuan Lamar Owens entered the establishment and ordered a shot of Patron tequila. He started a tab with a marked $20 bill. The bartender did not ask for his identification.

Mr. Kodenski made a number of hearsay objections to the detective’s report, since Mr. Owens was not present at the hearing to testify. Mr. Kodenski also objected that the police did not get a copy of the tab and that no one tested the glass (it was unclear what Mr. Kodenski wanted the glass to be tested for).

The Board received a photograph of Mr. Owens with the shot of tequila into evidence, over Mr. Kodenski’s objection.

Zoning R-8
Neighborhood Penrose/Fayette Street Outreach
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2 N. Wheeler Ave., Baltimore, MD 21223.
Attorney for licensee Mr. Melvin Kodenski
Result of hearing Guilty of one count of a violation of Rule 4.01(a).
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision The Board found the licensee guilty based on a preponderance of the evidence, even without the presence of the underage informant. The testimony of the liquor license inspector and the police detective were consistent.
Issues raised in audit present in this case  None.
Licensees Veronica Jackson
Business Name Jackson Lounge, Inc.
Trading As Roots Unltd
Address 2148-52 Vine Street
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on April 23, 2013)
Hearing notes

The licensee admitted the violation. She testified that it was a “freak accident” in which she had to leave the store and the two employees left in the store both were not paying attention.

Baltimore City Police Detective Greenhill read from his report that underage informant Dejuan Lamar Owens purchased six-pack of Steel Reserve beer and was not asked for identification by the person who sold it to him.

Zoning R-8
Neighborhood Penrose/Fayette Street Outreach
Does corp entity exist, in good standing? Yes; no, for failure to file personal property return. This entity’s charter has been forfeited three times by the state Comptroller (in 1997, 1998, and 2003).
Location of entity’s principal office 2148-52 Vine St, Baltimore, MD 21208.
Attorney for licensee None/unrepresented.
Result of hearing Guilty of 4.01(a) violation.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Diana Kafouros
Business Name All Stars Bar & Grill, Inc.
Trading As All Stars Bar & Grill
Address 34 S. Eutaw Street
License Type Class “B” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on May 30, 2013)
Hearing notes

The licensee admitted the violation.

Baltimore City Police Detective Jones read from the police report, written by Detective Greenhill: underage police cadet Emily Nicer paid for and was served a Coors Lite beer with a marked $20 bill.

Mr. Prevas, the licensee’s attorney stated that the person who served Ms. Nicer was a new bartender, who is no longer employed at All Stars.

The Board noted that the licensee had been found guilty of one prior violation in June 2012, of being open at 2:45am, which is after hours. This is Ms. Kafouros’s first violation regarding serving alcohol to minors.

Zoning B-4-1
Neighborhood Downtown
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 34 S. Eutaw St, Baltimore, MD 21201
Attorney for licensee Mr. Peter Prevas
Result of hearing Guilty of first offense of 4.01(a).
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision  None.
Issues raised in audit present in this case  None.
Licensees Christine Ferrell
Business Name Jim Dandy’s Tavern, Inc.
Trading As Jim Dandy’s
Address 4810 Curtis Avenue
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on April 23, 2013)
Hearing notes

Licensee admitted the violation.

The Baltimore City Police Detective read from his report that underage police informant Dejuan Lamar Owens purchased a shot of Patron tequila and started a tab with a marked $20 bill.

Zoning B-2-2.
Neighborhood Curtis Bay
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 4810 Curtis Ave., Baltimore, MD, 21226.
Attorney for licensee Mr. Kevin O’Keefe.
# in support 1
Result of hearing Guilty. The Board decided to suspend $250 of the $500 fine. Guilty of 4.01(a).
Vote tally Unanimous in favor of guilty verdict. 2-1 Smith & Fogleman in favor of suspending half of the fine; Jones against.
Portions of state law cited in decision None.
Other reasons given for decision The good record of licensee over 26 years.
Issues raised in audit present in this case None.
Licensees Mary Sanford & Theodore Sanford
Business Name 4600 Curtis Avenue, LLC
Trading As Thumpers
Address 4600 Curtis Avenue
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on April 23, 2013)
Hearing notes The Sanfords failed to appear. Agent Fosler testified that he served notice to Ted Sanford for the hearing.
Zoning B-2-2
Neighborhood Curtis Bay
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 4507 Pennington Ave, Baltimore, MD 21226.
Result of hearing BD: order that inspectors remove license from establishment & report back to the board.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision Proper notice was made; failure to appear.
Issues raised in audit present in this case None.
Licensees Tania Ramos
Business Name La Rumba, LLC
Trading As La Rumba
Address 1650-54 E. Pratt Street
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on April 23, 2013)
Hearing notes

The licensee admitted the violation and said that it was a bad judgment call by her staff.

Baltimore City Police Detective Greenhill read his police report: underage police informant Dejuan Owens purchased a 16oz bottle of Corona beer and was not asked for identification.

Zoning R-8
Neighborhood Washington Hill
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 1650-54 E. Pratt St., Baltimore, MD 21231
Attorney for licensee None/unrepresented.
Result of hearing Guilty of first 4.01(a) offense.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Sheila Williams
Business Name G & S Williams, LLC
Trading As G & S Bar and Lounge
Address 322 N. Franklintown Road
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on April 13, 2013.  Violation of Rule 4.16 “No licensee shall allow his premises to be used for the purpose of possession, transfer of use of any narcotic drug” (Re:  search conducted by BCPD Vice unit on May 13, 2013 resulted in narcotic paraphernalia consisting of packaging material and a scale being found on premises).  Violation of Rule 4.18 “No licensee shall commit or allow the commission on his premises of any act which shall be contrary to any federal, state or local statute, law or ordinance or against the public peace, safety, health, welfare, quiet or morals.” (Re:  Narcotics transaction was conducted inside the premises on May 13, 2013)
Hearing notes

Mr. Durocher, representing the police department of Baltimore City, asked for a postponement of the hearing, since the Board did not have a complete set of documents for all of the violations charged against the licensee, which should have, in addition to the violations above, included more than one violation of Rule 4.18 for stabbings that have taken place in the bar.

The Board granted Mr. Durocher a postponement, over Mr. Kodenski’s protest that it was a violation of the licensee’s due process rights and “an outrage.”

Zoning  B-1-2
Neighborhood  Penrose/Fayette Street Outreach
Does corp entity exist, in good standing?  Yes; yes.
Location of entity’s principal office  322 N. Franklintown Road
Attorney for licensee  Mr. Melvin Kodenski
# in support  1
Result of hearing  Postponement granted.
Vote tally  Unanimous.
Portions of state law cited in decision  N/A
Other reasons given for decision  N/A
Issues raised in audit present in this case None.

2:00 p.m. cases

Licensees Burnetha Locklear
Business Name ?
Trading As Paradise Inn
Address 3527-29 E. Baltimore Street
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor police cadet on July 17, 2013.)
Hearing notes The licensee admitted the violation.

Baltimore City Police Detective Jones read from the police report that underage cadet Emily Nicer purchased a 12oz Coors Lite beer with a marked $20 bill.

Mr. Kodenski stated that the security person who was working at the bar that night and was supposed to be checking identification was fired and that it was an isolated incident.

Zoning B-1-2
Neighborhood Baltimore Highlands
Does corp entity exist, in good standing? Unclear, since the Board did not include the business name in the docket.
Location of entity’s principal office Unclear, since the Board did not include the business name in the docket.
Attorney for licensee Mr. Melvin Kodenski
# in support 1
Result of hearing Guilty of first 4.01(a) offense.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Gurpreet Singh
Business Name G & S 3724, LLC
Trading As Main Street Bar & Liquors
Address 3724 Eastern Avenue
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 3.03(c) “Licensees shall keep on their premises records containing the legal name, aliases, addresses, ages, and social security numbers of all persons employed by them.  Such records shall be open for inspection at all times by duly authorized representatives of the Board, the Police Department of Baltimore City, and other governmental agencies.” June 14, 2013 (Re:  no employee records for females working behind bar) Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor police cadet on July 17, 2013). Violation of Rule 4.18 “No licensee shall commit or allow the commission on his premises of any act which shall be contrary to any federal, state or local statue, law or ordinance or against the public peace, safety, health, welfare, quiet or morals” June 14, 2013 (Re: health department observed 25 health code violations)  and on May 25, 2013 (Re: patrons dancing; providing live entertainment without permission from the board) Violation of Rule 5.03(a) “The holder of a Class BD7 Beer, Wine and Liquor license must operate an on-premise consumption establishment with on-premise service at the bar, tables or other suitable furniture.  Package good, if sold, must be sold over a bar and not in a separate package goods store department, and/or section unless otherwise previously approved pursuant to subsection (2) of this rule.  A separate package goods store, department and/or section is defined as an area within the licensed premises which has as its primary activity the sale of package good and in which no on-premise consumption regularly takes place.” June 14, 2013 (Re:  Bar of the package goods had no continuation)
Hearing notes

The licensee pled guilty as to the Rule 4.01(a) and 5.03(a) violations.

Rule 4.01(a) Baltimore City Police Detective Jones read from the report. Underage police cadet Emily Nicer purchased an alcoholic beverage and was not asked for identification. 

Rule 4.18. Patrons dancing: Baltimore City Police Lieutenant Colburn testified that, in early May 2013, Lieutenant Colburn had arrived at the establishment and had seen a DJ performing and couples dancing on a dance floor. When he informed the licensee that his license did not include live entertainment, the licensee had responded that he knew that the tavern was in violation of the license but that “he was going to do what he was going to do to make money.” On May 25, 2013, at 11:35pm, Lieutenant Colburn returned to the establishment, where he heard loud music coming from the rear of the establishment, without a DJ this time, and saw couples dancing on a dance floor.

4.18 Health code violations: Baltimore City Police Detective Greenhill read from a report, dated June 14, 2013, that a health inspector found twenty-five health code violations at the establishment, including: a lack of soap and paper towels behind the bar and in restrooms, a heavy fly infestation, a live dog in a storage area, trash stored improperly, dirty and foul-smelling restrooms, staff drinking behind bar, a rear area being used as living quarters, and patrons smoking hookah pipes. The bar was shut down for excessive liquor and health code violations. When the police came back to the bar, however, it was illegally reopened.

Rule 5.03 (BD7 regulations): The licensee’s trading license had expired. Also, the package goods area of the establishment was closed, but the tavern portion was open. The bar was not set up structurally in the way that Rule 5.03 requires.

Rule 3.03 (employment records): According to Detective Greenhill’s report, there were around nine Hispanic female workers behind the bar, for whom the licensee had no employment records. The licensee claimed that these women were “club promoters,” not employees.

The licensee’s attorney, Mr. Boozer, explained that Mr. Singh is 23 years old and the single youngest licensee of a liquor establishment in Baltimore City. The licensee’s father owns well-respected liquor establishment in Baltimore County. Mr. Singh didn’t have a lot of mentoring. He didn’t read the BLLC rules and regulations, but most people don’t. He didn’t understand that a DJ and a jukebox are considered “live entertainment.” Since the events set out above, Mr. Singh has had some mentoring and has improved the place. He’s taken away the DJ and the jukebox. Mr. Boozer reminded the Board that Mr. Singh’s license transfer application hearing was very controversial and pointed out that there were no community members present at the hearing that day, which shows that he has a good relationship with the community and spoke volumes about how they felt about this establishment. [The Board did not point out to Mr. Boozer that community members and associations are not allowed to testify at rule violation hearings.] Mr. Boozer stated that his client is a first time offender, who tried to do his best, and that his best wasn’t enough, which translated into health code problems. He concluded that his client’s transgressions were “not outrageous.”

Mr. Boozer continued, that “as to health code violations, [he] can think of a few places that have twenty five health code violations. He’s fixed all these things and wants to move on. He needs guidance.” He added, “[i]f you put me in a bar tomorrow, I’m probably not going to do so well.” Mr. Boozer pointed out that Mr. Singh has created a new system in which the store’s system prompts the employees to check patrons’ identification at the cash register.

Chairman Fogleman spoke about the picture that the officers have painted of the establishment, with nine female servers for whom there were no employment records and fewer than ten customers. Mr. Boozer translated for his client that the Chairman was suggesting that the women “were there for immoral purposes.” Mr. Singh vehemently denied the suggestion, stating that these women had families and some of them were married.

Zoning B-2-3
Neighborhood Highlandtown
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 3724 Eastern Avenue, Baltimore, MD 21224
Attorney for licensee Mr. Boozer.
# in support 1
Result of hearing Board found guilty of all charges, assessed a total fine of $1,100.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees David Berg & Christakis Solomonides
Business Name Admirals Cup, LLC
Trading As Admirals Cup
Address 1645 Thames Street
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor on May 30, 2013)
Hearing notes

The licensee admitted the violation of Rule 4.01(a).

Baltimore City Police Detective Greenhill read from his report that underage police cadet Ms. Nicer purchased a Miller Lite and paid with a marked $20.

Mr. Maslan, the licensee’s attorney, told the Board that the 19-year-old cadet “was dressed up very attractively that evening,” which caused the bartender to believe her to be thirty years old. In response to the incident, the manager has changed the establishment’s policy to ask for identification from anyone under thirty-five as a result of this incident. Mr. Maslan added, “thirty-five doesn’t look the way it used to.”

Zoning B-3-2
Neighborhood Fells Point
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1645 Thames Street, Baltimore, MD 21231.
Attorney for licensee Mr. Gary Maslan
Result of hearing Guilty of 4.01(a) violation.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Michael Gentry, Anthony Demartin & Kevin Rhodes
Business Name BGBD, LLC
Trading As Freddies
Address 7209 Harford Rd
License Type Class “B” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a)  “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor  police cadet on May 30, 2013)
Hearing notes

The licensee admitted the violation.

Baltimore City Police Detective Shelton Jones read from the police report that underage cadet Emily Nicer purchased 12oz bottle of Coors Lite beer with a marked $20 bill.

Zoning B-2-2
Neighborhood North Harford Road
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 7209 Harford Rd
Attorney for licensee None/unrepresented.
Result of hearing Guilty.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees Lance O’Hara
Business Name Kelo, Inc.
Trading As O’Hara’s Irish Pub
Address 6505-10 Belair Road
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor  police cadet on July 17, 2013)
Hearing notes

The licensee admitted the violation, that the bartender wasn’t paying attention and hadn’t been trained. He was suspended for three weeks and is very remorseful.

Baltimore City Police Detective Jones read from the police report that underage cadet Emily Nicer purchased a Coors Lite with a marked $20 bill.

Zoning B-3-1
Neighborhood Cedmont
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 6506-6510 Belair Rd, Baltimore, MD 21206
Attorney for licensee None/unrepresented.
Result of hearing Guilty of 4.01(a) violation.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.
Licensees William Packo, Jr. & Louis Burch
Business Name Po Do Pac, Inc.
Trading As Greene Turtle
Address 718-22 S. Broadway
License Type Class “B” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor  police cadet on July 17, 2013)
Hearing notes

The licensee denied the charge.

Baltimore City Police Detective Jones read from the police report that underage police cadet Emily Nicer ordered a Coors Lite beer from Joseph Hollander, the Greene Turtle bartender on staff.

Mr. Prevas, the licensee’s attorney, first moved to dismiss because the events happened on July 16, not July 17 as charged (The police detective wrote his report of the event in the early morning hours of July 17.). The Board denied the motion.

Mr. Prevas then asked the cadet a series of questions about where she sat and whether she put down a credit card or started a tab. Ms. Nicer testified that she had started a tab but hadn’t given any money to Mr. Hollander.

Mr. Hollander testified that the bar was very busy, because of an event called “Theology on Tap” as well as the All Star game and a USA soccer game. He said that he did not finish the transaction with Ms. Nicer, because she did not pay for the beer. He testified that Ms. Nicer’s head was down and that she was texting. He also said that he placed the beer to the side of Ms. Nicer, not right in front of her.

Zoning B-3-2
Neighborhood Fells Point
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 720 S. Broadway, Baltimore, MD 21231.
Attorney for licensee Mr. Peter Prevas
Result of hearing Guilty of 4.01(a) violation.
Vote tally 2-1 (Jones & Fogleman in favor; Smith opposed).
Portions of state law cited in decision

None.

Other reasons given for decision

Chairman Fogleman: The facts suggest that the beer was intended for her, though it may not have been placed directly in front of her.

Commissioner Smith: (1) There was no sale, since no money exchanged hands. (2) The beer wasn’t placed directly in front of Ms. Nicer.

Issues raised in audit present in this case None.
Licensees Harry Pope & Frances Pope
Business Name Iron Works, Inc.
Trading As Iron Works
Address 1036 E. Fort Avenue
License Type Class “BD7” Beer, Wine & Liquor License
Violation Violation of Rule 4.01(a) “No licensee shall sell or furnish alcoholic beverages to any person under twenty-one (21) years of age or to any person with the knowledge that such person is purchasing or acquiring such beverage for consumption by any person under twenty-one (21) years of age” (Re: alcoholic beverage sold to minor  police cadet on May 30, 2013)
Hearing notes

The licensee admitted to a 4.01(a) violation and stated that the bartender is no longer employed by the establishment. The licensee posted signs by the cash register to remind staff to check identification of customers.

Baltimore City Police Detective Greenhill read from the report that Ms. Emily Nicer purchased a Coors Lite with a marked $20.

Zoning R-8
Neighborhood Riverside
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 1036 E. Fort Ave., Baltimore, MD 21230.
Attorney for licensee None/unrepresented.
Result of hearing Guilty.
Vote tally Unanimous.
Portions of state law cited in decision None.
Other reasons given for decision None.
Issues raised in audit present in this case None.

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