Booze News: Distilled in Room 215

A blog about the Baltimore City Liquor Board

What happened at the Liquor Board on March 27, 2014

Written by Becky Witt

Chairman Fogleman & Commissioners Smith and Jones in attendance.

1:00pm cases

Disclaimer Becky Lundberg Witt, staff attorney at Community Law Center, represented the community group in this case, the Canton Community Association.
Licensee Ginger Cornejo
Business Name Ginger, Inc.
Trading As Mustang Inn
Address 3202 Eastern Avenue
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for Hearing Decision Phase Only – the Board had heard testimony in this case on March 13, 2014.
Result of hearing 5 day suspension; the Board chose to waive 3 of the 5 days. Mustang Inn must close on two consecutive weekend days before the end of the license year (April 30, 2014).
Vote tally Smith and Jones in favor; Fogleman recused himself.
Portions of state law cited in decision None.
Other reasons given for decision Commissioner Smith announced the decision, on behalf of herself and Commissioner Jones. She said that they had attempted to watch the videos showing violence and other nuisances, but that the videos were in the wrong format and wouldn’t play. She also said that Mustang Inn had disturbed the peace at least four times since May 1, 2013. Since it was a second offense of disturbing the peace, the Board decided that a fine wasn’t a serious enough punishment.
Issues raised in audit present in this case None.
Applicant Corey Polyoka
Business Name Parts & Labor, LLC
Trading As Parts & Labor
Address 2600 Howard Street
Type of License Class “B” Beer, Wine & Liquor License
Reason for Hearing Application for a second new Class “B” Beer, Wine, & Liquor License under the provisions of Article 2B §9-102(b-3A), requiring $500,000 in capital investment and seating capacity for a minimum of 125 persons.
Hearing notes

Ms. Caroline Hecker, of Rosenberg Martin Greenberg, LLP, represented the applicant. Mr. Corey Polyoka already runs the Shoo-Fly Diner in Belvedere Square, part of Spike Gjerde’s group of Baltimore restaurants. Ms. Hecker took pains to inform the Board that Mr. Polyoka will be the sole licensee at Parts and Labor, not Mr. Gjerde. The concept for the establishment is that it will be both a butcher shop and a restaurant. There will be a selection of locally raised meats for sale; the restaurant will serve shareable plates. There will not be any outdoor tables or live entertainment. Parts and Labor will be open from 5pm to midnight every day.

The licensee and his LLC have invested $1.3 million into the renovations of the property and the business. Over half of the revenue of the establishment will be from food sales.

Members of the Greater Remington Improvement Association (GRIA) testified in favor of the project. Ms. Hecker informed the Board the Mr. Polyoka has been working closely with community members and community associations and that there is “overwhelming community support” for the restaurant.

Zoning B-2-2
Neighborhood Remington
Area Demographics 44% White, 35% Black, 3% 2 or more races, 13% Asian, 5% Hispanic ethnicity; 11% households have children under age 18; median household income: $30,130.79; 14% households live below the poverty line
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 2002 Clipper Park Rd, Ste 401, Baltimore, MD
Attorney for licensee Ms. Caroline Hecker, Rosenberg Martin Greenberg, LLP
# in support ~5
Attorney for community None
# of protestants 0
# of inspectors 1 – John Howard
Result of hearing Approved
Vote tally Unanimous
Portions of state law cited in decision Article 2B section 10-202(a)
Other reasons given for decision None
Issues raised in audit present in this case None
Licensee Elaine Pappas
Business Name Janna, Inc.
Trading As Friendly Harford House
Address 7509 Harford Road
Type of License Class “B” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: December 13, 2013, alcoholic beverage sold to an underage police cadet).
Hearing notes

Ms. Pappas did not appear for the hearing, but Mr. Melvin Kodenski, on her behalf, admitted the Rule 4.01(a) violation. Baltimore Police Detective Akinwande read from his report of the December 13, 2013 incident. Baltimore Police Cadet Phillip Jones, who was under the age of 21, purchased a shot of Jack Daniels for $3.50. Cadet Jones under age of 21.

In mitigation of the punishment, Mr. Kodenski explained that it was a first offense for Ms. Pappas in the 29 years that she has worked at the establishment (her parents owned the business before she was on the license). The party in question was disciplined and had to take the alcohol management course.

Zoning B-2-2
Neighborhood North Harford Road
Area Demographics 40% White, 53% Black, 2% 2 or more races, 1% Asian, 3% Hispanic ethnicity; 32% households have children under age 18; median household income: $51,208.29; 9% households live below the poverty line
Does corp entity exist, in good standing? Yes; No. Janna, Inc. is currently not in good standing for failure to file its personal property return for 2013. This corporation has been forfeited and revived twice before — in 1999 and in 2006.
Location of entity’s principal office 7509 Harford Rd, Baltimore, MD
Attorney for licensee Mr. Melvin Kodenski
# in support 0
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one 4.01(a) violation. $500 fine.
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
Licensee Jae In Lee
Business Name New Chesley Liquors, LLC
Trading As Chesley Liquors
Address 6902-02A Harford Road
Type of License Class “A” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: January 25, 2014, alcoholic beverage sold to an underage police cadet). Violation of Rule 4.05(b), “No alcoholic beverages shall be served, dispensed, furnished, or given away in any part of the premises during the hours when such sales are prohibited by law.” (Re: January 25, 2014, alcoholic beverage sold to an underage police cadet during prohibited hours).
Hearing notes Postponed at the licensee’s request.
Licensees Anastasia Stamathis & Mary Rogers
Business Name Stephnmel, Inc.
Trading As Shamrock Inn
Address 6044 Harford Road
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: December 13, 2013, alcoholic beverage sold to an underage police cadet).
Hearing notes

The licensees admitted the violation of Rule 4.01(a). Detective Olufemi Akinwande read from his report that Police Cadet Phillip Jones, under the age of 21, purchased a shot of Jack Daniels for $3.35.

Zoning B-3-1
Neighborhood Westfield
Area Demographics 37% White, 56% Black, 1% Asian; 2% Hispanic ethnicity; 33% households have children under age 18; median household income: $52,678.30
Does corp entity exist, in good standing? Yes; No
Location of entity’s principal office 8413 Rocky Mount Rd, Baltimore, MD 21237
Attorney for licensee None
# in support 3
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one violation of Rule 4.01(a). The Board decided to waive $425 of the normal $500 fine, assessing a $75 fine (plus the $125 hearing fee).
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
Applicant Elizabeth Onyejiaka
Business Name Ibis Tavern, LLC
Trading As Ibis Tavern
Address 6016 Harford Road
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: December 12, 2013, alcoholic beverage sold to an underage police cadet).
Hearing notes

The licensees admitted the violation of Rule 4.01(a). Baltimore Police Detective Abraham Gatto read from his report that underage Police Cadet Phillip Jones purchased a shot of Jack Daniels for $6.50 on the night in question. Mr. Kodenski pointed out that Cadet Jones had paid double what he paid before at the above hearings for the same order. The licensee told the Board that she had suspended the employee at fault and made her take an alcohol awareness course.

Zoning B-3-1
Neighborhood Westfield
Area Demographics 37% White, 56% Black, 1% Asian; 2% Hispanic ethnicity; 33% households have children under age 18; median household income: $52,678.30
Does corp entity exist, in good standing? Yes; No
Location of entity’s principal office 6016 Harford Road
Attorney for licensee Mr. Melvin Kodenski
# in support 2 – licensee and her husband
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one Rule 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
Applicant Luis Cabrera
Business Name Cabrera, Inc.
Trading As Lauraville House
Address 4528-30 Harford Road
Type of License Class “B” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: December 12, 2013, alcoholic beverage sold to an underage police cadet).
Hearing notes The licensee admitted the violation. Police Detective Abraham Gatto read from his report that Police Cadet Jones purchased a shot of Jack Daniels for $5.50.
Zoning B-3-2
Neighborhood Lauraville
Area Demographics 36% White, 58% Black, 1% Asian; 2% Hispanic ethnicity; 32% households have children under age 18; 5% households below poverty line; median household income: $58,085.61
Does corp entity exist, in good standing? Yes; No
Location of entity’s principal office 4615 Sipple Avenue
Attorney for licensee None/unrepresented
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one violation of Rule 4.01(a). $500 fine.
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
Applicant Heamawatee Dharam & Damoree Dharam
Business Name Dream Reality, LLC
Trading As Harford Road Liquors
Address 4627 Harford Road
Type of License Class “A” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: December 13, 2013, alcoholic beverage sold to an underage police cadet).
Hearing notes

Mr. Shawn Harby, on behalf of his client, denied the Rule 4.01(a) charge.

Police Detective Akinwande read from his report that Police Cadet Phillip Jones purchased a pint of Smirnoff Ice Green Apple from the clerk, Mr. Difrim, for $3.15. Police Cadet Jones testified that his date of birth is March 15, 1994.

Mr. Harby pointed out a discrepancy in the report between the date that the event occurred and the date that the report was filed. In addition, part of the police report referred to another address at which there was a 4.01(a) violation.

Notwithstanding these minor discrepancies, the Board found the licensee guilty of the 4.01(a) violation, by a preponderance of the evidence presented.

Mr. Harby, in mitigation of the punishment, told the Board that the licensee has nine years of experience and is usually very good at telling someone’s age. The cadet had a hoodie on, so the cashier didn’t recognize him as being youthful. The Board fined the licensee the normal $500 violation fee.

Zoning B-3-2
Neighborhood Beverly Hills
Area Demographics 36% White, 58% Black, 1% Asian; 2% Hispanic ethnicity; 32% households have children under age 18; 5% households below poverty line; median household income: $58,085.61
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 4627 Harford Road, Baltimore, MD
Attorney for licensee Mr. Shawn Harby
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one violation of Rule 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
Applicant Pushpa Sharma
Business Name PN Singh, Inc.
Trading As One Stop Liquor Shop
Address 4905 Harford Road
Type of License Class “A” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: January 24, 2014, alcoholic beverage sold to an underage police cadet).
Hearing notes

Pushpa Sharma was unable to be present at the hearing, due to illness. Her nephew, Manpreet Singh, appeared on her behalf and admitted the violation.

Baltimore Police Detective Greenhill read from his report that Police Cadet Gregory McCoy, who was under the age of 21, purchased a $3 Colt 45 beer.

Zoning O-R-1
Neighborhood Waltherson
Area Demographics 37% White, 55% Black, 1% Asian; 2% Hispanic ethnicity; 33% households have children under age 18; 5% households below poverty line; median household income: $57,951.01
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 4905 Frankford Avenue
Attorney for licensee None
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one violation of Rule 4.01(a) – $500 fine.
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
Applicant Ki Ho Choe & Darnell Dorsey
Business Name Choe, Inc.
Trading As Bay City Liquors
Address 4901 Frankford Avenue
Type of License Class “A” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: January 24, 2014, alcoholic beverage sold to an underage police cadet).
Hearing notes

Baltimore Police Detective LC Greenhill read from his report, that Cadet Gregory McCoy, under the age of 21, had purchased a Bud Light for $3.50.

Mr. Choe was present, but Mr. Dorsey was ill. They were represented by Mr. Steve Park, who admitted the violation but then pointed out that the police were unable to recover the marked $20 bill that Mr. McCoy allegedly used to purchase the alcohol. The Board still found the licensees guilty of the violation, by a preponderance of the evidence. $500 fine.

Zoning B-1-1
Neighborhood Frankford
Area Demographics 15% White, 79% Black, 2% Asian; 2% Hispanic ethnicity; 35% households have children under age 18; 15% households below poverty line; median household income: $39,144.11
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 4901 Frankford Avenue
Attorney for licensee Mr. Steve Park
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one violation of Rule 4.01(a) – $500 fine.
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
Applicant Gerver Contreras & Lourdes Cancel
Business Name Union Centro Americana, LLC
Trading As La Isla Taverna
Address 3230 E. Fairmount Avenue
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for Hearing

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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: December 12, 2013, alcoholic beverage sold to an underage police cadet).

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 person s employd 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 agecies.” (Re: December 12, 2013, no employee records for female working behind the bar).

Hearing notes

The two licensees were present at the hearing without an attorney. They admitted both violations – of Rule 4.01(a) and Rule 3.03(c).

Police Detective LC Greenhill read from his report that Cadet Phillip Jones, under the age of 21, ordered and was served a double shot of Jack Daniels whiskey. The detective added that a Ms. Aguilera was working behind the bar and that the establishment did not have any identification or employee records on the premises for her. The licensees explained that she was working there for one night only.

The Board found the licensees guilty of both violations.

Zoning R-8
Neighborhood Patterson Park
Area Demographics BNIA did not have demographics available for Patterson Park.
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 3230 Fairmount Avenue
Attorney for licensee None
# in support 2
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of both violations – $500 fine for the Rule 4.01(a) violation; $25 fine for the Rule 3.03(c) 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
Licensee Luis George
Business Name Two Louey’s Cantina II, LLC
Trading As Punto G Restaurant Bar and Lounge
Address 123 N. Clinton
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for Hearing Violation of Rule 3.12: “Licensees shall operate their establishments in such a manner as to avoid disturbing the peace, safety, health, quiet and general welfare of the community.” (Re: November 23, 2013, large intoxicated crowd exited establishment and disturbed the peace and quiet of the neighborhood). Violation of Rule 4.02: “No licensee shall sell or furnish alcoholic beverages to any person under the influence of alcohol or narcotic drugs or who is disorderly in manner or to any person know to be habitual drunkard or user of narcotic drugs.” (Re: November 23, 2013, over serving patrons, police observed patrons exiting establishment were highly intoxicated). Violation of Rule 3.06: “Licensees shall operate their establishments at all times in accordance with the requirements of the Health Department of Baltimore City, the Building Code of Baltimore City, and the rules and regulations of the Fire Department of Baltimore City.” (Re: December 7, 2013, establishment over capacity). 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: December 7, 2013, use of portion of building (roof) not approved by the board). Violation of Rule 4.18: “No licensee shall commit of 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: December 7, 2013, Licensee stated to police officer that he allowed the promoter to bring his own alcoholic beverages). Violation of Rule 4.16: “No licensee shall allow his premises to be used for the purpose of possession, transfer or use of any narcotic drug,” (Re: December 7, 2013, patron was disoriented and screaming to police and her boyfriend that she had consumed drug that was purchased inside Punta G). 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 beverages.” (Re: December 12, 2013, alcohol sold to an underage police cadet).
Hearing notes

The case was postponed and therefore not called, though the postponement was not announced at the beginning of the docket.

Licensee Marlene King
Business Name BLK 1, Inc.
Trading As Lason’s Bar & Grill
Address 3209 Belair Road
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: January 24, 2014, alocholic beverage sold to an underage police cadet).
Hearing notes

The licensee admitted the violation and was unrepresented by counsel.

Detective LC Greenhill read from his report that Cadet Gregory McCoy, under the age of 21, purchased a Bud Ice beer for $2.

Zoning B-2-2
Neighborhood Belair-Edison
Area Demographics 10% White, 87% Black, 1% Asian; 1% Hispanic ethnicity; 41% households have children under age 18; median household income: $42,920.80; 10% households live below the poverty line
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 1350 Deanwood Rd, Baltimore, MD
Attorney for licensee None/unrepresented
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors None
Result of hearing Guilty of one violation of Rule 4.01(a) – $500 fine.
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
Applicant Narinder Pal Singh Suri & Gurbinder Singh
Business Name PMS, Inc.
Trading As Liquor Store
Address 6130 Belair Road
Type of License Class “A” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: January 25, 2014, alcoholic beverage sold to an underage police cadet). Violation of Rule 4.05(b): “No alcoholic beverages shall be served, dispensed, furnished or given away in any part of the premises during the hours when such sales are prohibited by law.” (Re: January 25, 2014, underage cadet purchase alcoholic beverage during prohibited hours).
Hearing notes

Mr. Kodenski represented the licensees in this case. On their behalf, he admitted the Rule 4.01(a) violation and denied the Rule 4.05(b) violation.

Commissioner Jones recused himself, due to a conflict of interest; in his capacity as a Housing inspector, he had issued a citation to the licensees.

Detective Akinwande read from his report that underage Cadet Gregory McCoy had purchased a pint of Bud Ice for $1.68. There was no evidence presented of the premises being open during prohibited hours. Mr. Kodenski made a motion to dismiss the Rule 4.05(b) charge, and the Board granted the motion.

Mr. Gundeep Pal Singh, the seller of the Bud Ice, testified that he was closing the store at the time. He normally always checks IDs, because he runs a very reputable business.

Zoning B-3-1
Neighborhood Glenham-Belhar
Area Demographics 37% White, 56% Black, 1% Asian; 2% Hispanic ethnicity; 33% households have children under age 18; median household income: $57,951.01; 5% households live below the poverty line
Does corp entity exist, in good standing? Yes; No
Location of entity’s principal office 6709 Heaven Oak Rd, A3, Baltimore, MD 21237
Attorney for licensee Mr. Melvin Kodenski
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one violation of Rule 4.01(a). $500 fine.
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
Licensee Aaron Reinhardt
Business Name Unclear, not on the docket.
Trading As Swallow at the Hollow
Address 5921-23 York Road
Type of License Class BD7 Beer, Wine & Liquor License
Reason for hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: alcoholic beverage sold to an underage police cadet).
Hearing notes

The Board decided to hear this case, though it wasn’t on the docket for the day, because the licensee had been given notice to appear and had shown up with counsel.

Mr. Boozer, on behalf of the licensee, admitted the Rule 4.01(a) violation.

Baltimore Police Officer Gatto read from his report that Cadet Phillip Jones, under the age of 21, ordered and was served an alcoholic mixed drink for $10.50.

Mr. Boozer reminded the Board that the Swallow at the Hollow used to be an “iconic” bar for underage drinking, for college students from Towson, Loyola, and Johns Hopkins. However, according to the new owner, the students know not to go there anymore. The bartender on duty on the night in question had served alcohol for 35 years without any underage drinking issue. Mr. Boozer concluded that the average age of patrons at the bar is in their early 60s and that this is an isolated incident that won’t be repeated.

Zoning B-2-2
Neighborhood Chinquapin Park
Area demographics 69% Black, 23% White; 4% Hispanic ethnicity; 29% households have children under age 18; median household income: $44,853; 6% households live below the poverty line
Does corp entity exist, in good standing? No docket; could not check business entity.
Location of entity’s principal office No docket; could not check business entity.
Attorney for licensee Mr. Frank Boozer
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of one Rule 4.01(a) violation – $500 fine.
Vote tally Unanimous
Portions of state law cited in decision None
Other reasons given for decision The Chairman complimented the licensee’s efforts to change the underage drinking reputation of Swallow at the Hollow.
Issues raised in audit present in this case or other issues observed None.
Applicant Yvonne Dornic
Business Name Dornic & Dornic, Inc.
Trading As Ze Mean Bean Cafe
Address 1739-41 Fleet Street
Type of License Class “B” Beer, Wine & Liquor License
Reason for hearing Violation of Rule 3.02: “Licensees shall cooperate with representatives of the Board, members of the Police Department, health Department, building Engineer’s Office, Grand Jury and representative of other governmental agencies whenever any such persons are on official business.” (Re: May 14, 2013, licensee uncooperative with Liquor Board Inspector Brooks). 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: May 14, 2013, Liquor Board Inspector observed customers with alcoholic beverages when 2013 liquor license had not been picked up).
Hearing notes

Mr. Brooks informed the Board that he had spoken with the licensee, who is currently in California, and had obtained her permission in writing to represent her to the Board that day. The manager for the establishment was also present. The licensee admitted the violations.

Liquor Board Inspector Karen Brooks testified about her experience at Ze Mean Bean Cafe. She had made a regular inspection visit to the Cafe and noticed that they did not have the current license displayed inside the premises. They were serving alcohol to customers, though their license was at the Liquor Board offices. When Ms. Brooks brought this to the attention of the manager, he became very irate and cursed her out as well as the Liquor Board. He was angry because he had paid for the renewed license; he had just not picked it up from the Board.

Mr. Brooks informed the Board that he has reviewed the cooperation requirements with the manager in question as well as the licensee, and he agrees that the behavior was totally and completely unacceptable. Since the Board had taken the license after the previous week’s failure to appear, Mr. Brooks asked the Board if they would consider the 7 days that they had already spent without their license as their punishment.

Mr. James Rhodes, the manager in question, apologized to Inspector Brooks for being angry.

Zoning B-2-2
Neighborhood Fells Point
Area demographics 70% White, 8% Black, 5% Asian; 15% Hispanic ethnicity; 11% households have children under age 18; median household income: $69,105; 11% households live below the poverty line
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 1739 Fleet St, Baltimore, MD 21202
Attorney for licensee Mr. Charles E. Brooks
# in support 1
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty – suspend for 7 days, credit for time served.
$125 hearing fee.
License reinstated this afternoon.
Vote tally Unanimous
Portions of state law cited in decision None
Other reasons given for decision Chairman Fogleman noted that not having the current license on the wall is not a terribly serious charge, but that the argumentativeness and lack of cooperation was the real problem. He informed the manager that, in the future, even if he’s sure that he is in the right, to cooperate with Board staff and call the Board offices the next day to figure out the situation.
Issues raised in audit present in this case or other issues observed None

2:00pm cases

Applicant Nimesh Shah & Darlene McNeil
Business Name OMKAR, Inc.
Trading As Hillen Liquors
Address 5818 Hillen Road
Type of License Class “A” Beer, Wine & Liquor License
Reason for Hearing 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 beverages for consumption by any person under twenty-one (21) years of age.” (Re: alcoholic beverage sold to an underage police cadet). Violation of Rule 3.03(c): “Licensees shall keep on their premises records containing the legal names, aliases, address, ages, and Social Security numbers of all persons employed by them. Such records shall be open for inspection at all time by duly authorized representatives of the Board, the Police Department of Baltimore City, and other governmental agencies.” (Re: December 12, 2013, no employee records presented when requested by the VICE unit). Violation of Rule 3.02: “Licensees shall cooperate with representative of the Board, members of the Police Department, Health Department, Building Engineer’s Office, Grand Jury and representatives of other governmental agencies whenever any such persons are on official business.” (Re: December 12, 2013, employee refused to present identification when requested by VICE unit).
Hearing notes

Mr. Melvin Kodenski, on behalf of the licensees, admitted the Rule 4.01(a) and the Rule 3.02 violations. However, he denied the Rule 3.03(c) violation.

Baltimore Police Officer Gatto read from his police report that Cadet Phillip Jones, under the age of 21, purchased a Steel Reserve malt liquor beverage for $2.99.

Officer Gatto testified that he asked for the clerk’s identification, but that there was a language barrier, and the clerk could not provide him with any photo ID. Eventually, the clerk provided him with some identification from another country, but Officer Gatto couldn’t remember from where.

Mr. Kodenski asked, “what led you to believe there was a language problem?” Officer Gatto replied that he had to repeat himself five, six, seven times.

Mr. Kodenski moved to dismiss the Rule 3.02 charge, arguing that the clerk didn’t understand what the officers wanted him to provide. The Board agreed to drop the charge and granted the motion to dismiss.

The Board found the licensee guilty of the Rule 4.01(a) and Rule 3.03(c) violations.

Zoning B-2-1
Neighborhood Loch Raven
Area Demographics 7% White, 87% Black, 1% Asian; 2% Hispanic ethnicity; 31% households have children under age 18; median household income: $49,748.45; 11% households live below the poverty line
Does corp entity exist, in good standing? Yes; Yes
Location of entity’s principal office 5818 Hillen Road
Attorney for licensee Mr. Melvin Kodenski
# in support ~3
Attorney for community N/A
# of protestants N/A
# of inspectors N/A
Result of hearing Guilty of Rule 4.01 and Rule 3.03 violations. $500 fine for Rule 4.01, $25 fine for Rule 3.03.
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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