Booze News: Distilled in Room 215

A blog about the Baltimore City Liquor Board

What happened at the Liquor Board on July 24, 2014.

Written by Becky Witt

The commissioners came out from their conference rooms to begin hearings at 10:59am. The Board did not call any changes to the docket or postponements first; rather, they went down the cases listed in the docket in order.

11:00 a.m. cases

Amendments to licenses

Applicants Joseph Soltas & David Hitchiner
Business Name New Ritz, Inc
Trading As New Ritz
Address 500-04 S. Broadway
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for hearing Request to include 500 S. Broadway for business to current license
Hearing notes

The case was postponed, following the request of the applicants and with no community opposition.

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 504 S. Broadway, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None
Applicants Adam Benesch, Jonathan Zerivitz & Robert Kemmery, III
Business Name Union Craft Brewing Company, LLC
Trading As Union Craft Brewing
Address 1700 Union Avenue
Type of License Class “D” Beer License
Reason for hearing Request to add outdoor table service
Hearing notes

Former Board Chairman Fogleman represented the licensees. Seeing his predecessor representing licensees, Judge Ward said, “well for goodness sake, look who it is.”

Ward asked if there was any opposition to the outdoor tables; Fogleman replied, “none that I know of.” Ward continued, “hearing none, my vote would be approval.”

Commissioner Moore asked, “my question is, on the applicant’s interview form, in a couple places, it says ‘see attached list’ or ‘see attached’ and I don’t have [the attachments].” Fogleman asked, “would you allow them to amend [the form] at this time? … My clients are happy to make that application complete today.” He submitted a site plan to the commissioners, and the Board allowed the applicants to complete their documents in the file.

Zoning M-2-1
Neighborhood Woodberry
Area demographics 77% White, 12% Black, 5% Asian; 4% Hispanic ethnicity; 18% households have children under age 18; median household income: $54,278
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 901 Dulaney Valley Rd, Ste 400, Towson, MD
Attorney for licensee Mr. Stephan Fogleman (former Chairman of the Liquor Board)
# in support 4
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Approved.
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 or other issues observed

The newly adopted section of the code, Article 2B section 9-204.3(a)(4), states:

“(III) The Board or the Board’s designee shall examine each application for the issuance or transfer of a license within 45 days of receipt of the application to determine whether the application is complete. (IV) An application for the issuance, transfer, or renwal is not complete unless the applicant has: 1. obtained zoning approval or verification of zoning if the application is for renewal; 2. submitted all documents required in the application; and 3. paid all fines and fees that are due. (V) A license hearing may not be scheduled until the Board determines that the application is complete.”

This section of the code does not specifically include applications for add-on issues like outdoor table service, but it makes sense that the Board should require ALL applications to be complete before scheduling a hearing.

Off the record, later, Liquor Board administrative staff discovered that the file did, in fact, contain all of the required information; the Commissioners had not received a complete copy of the file to review, which is why it looked incomplete. However, the Commissioners still approved an application that they believed was incomplete, which is still troubling.

Applicants Richard Zhao, Raymond Zhao & Cheok Zhao
Business Name Zhao Brothers, LLC
Trading As Brothers Sushi
Address 1035-37 S. Charles Street
Type of License Class “D” Beer, Wine & Liquor License
Reason for hearing Request to add live entertainment
Hearing notes

Upon request of the applicants, the hearing was postponed.

Zoning B-2-3
Neighborhood Federal Hill
Area demographics 80% White, 12% Black, 4% Asian; 3% Hispanic ethnicity; 11% households have children under age 18; median household income: $78,578.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1035 S. Charles St, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None

Transfers

Applicants James Trujillo & William Hotaling,
Business Name Second Chance Operating Ventures, LLC
Trading As Baltimore Sports Bar
Address 1400 Warner Street
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for hearing Transfer of ownership & location of a Class “BD7” BWL presently located at 837-39 W. Cross Street to 1400 Warner Street, request for live entertainment
Hearing notes

Mr. Peter Prevas appeared on behalf of the applicants. He told the Board that his clients have decided to withdraw their application for transfer of ownership and location due to financial considerations; they have not been able to come to a financial agreement with the secured creditor of the seller.

Zoning M-2-3
Neighborhood Washington Village/Pigtown
Area demographics The Baltimore Neighborhood Indicators Alliance (BNIA) did not have demographics available for Washington Village/Pigtown.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2500 Boston St, Ste 104(b), Baltimore, MD
Attorney for licensee Mr. Peter Prevas
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Application withdrawn.
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 or other issues observed None
Applicants Danael Testaye & Wubet Hailu
Business Name Danny’s Convenience Store & Beer and Wine, LLC
Trading As Trade name pending
Address 2327 Pennslyvania Avenue
Type of License Class “D” Beer, Wine & Liquor License
Reason for hearing Application to transfer ownership
Hearing notes

The first time the case was called, the applicant was not present, so it was set aside until later in the docket.

The case was re-called, and Ms. Hailu was present, with Mr. David Weiner, the property manager for the owner of the property. The other applicant, Mr. Danael Testaye, was not present. The application is for a transfer of ownership only, with no change in the operations of the establishment. There was no opposition from the community to the transfer. Mr. Weiner testified that the previous owner of the store was an older man who has had serious health problems.

Commissioner Jones asked the applicant, “what is the name of the community that you’re operating in?” Ms. Hailu replied, “North Avenue?” Mr. Weiner said, “either Sandtown or Druid Heights?” The Baltimore CityView website places the store right on the boundary between Druid Heights and Sandtown-Winchester.

Commissioner Moore asked, “what evidence do we have that the license is still valid?” Executive Secretary Michelle Bailey-Hedgepeth stated that the license had been renewed normally in 2013 and 2014, and the store was only closed because of the previous owner’s ill health for a few months.

Zoning B-2-2
Neighborhood Druid Heights
Area demographics 92% Black, 4% White; 32% households have children under age 18; median household income: $13,835; 51% households live below the poverty line
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2327 Pennsylvania Ave, Baltimore, MD
Attorney for licensee None
# in support 2
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Approved
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 or other issues observed

When discussing whether or not a license is valid, the Board oftens looks to see whether a license has been renewed for the year. This is a good first step towards deciding the validity of a license, but a renewal of a license is not the only relevant factor. Under Article 2B section 10-504(d), a license expires by operation of law after 180 consecutive days of disuse. The question of the license’s renewal has nothing to do with section 10-504; renewal does not toll or restart the counting of the 180 days.

Applicants Gayle Mugavero-Grimm & Gregory Mugavero
Business Name Mugs Italian American Bistro, LLC
Trading As Mugs Italian American Bistro
Address 300 S. Exeter Street
Type of License Class “D” Beer, Wine & Liquor License
Reason for hearing Application to transfer ownership & location of a Class “D” BWL license presently located at 4900 Curtis Avenue
Hearing notes

Mr. John Pica was the attorney for the applicants. He explained to the Board that Article 2B was amended this year to allow a license to be transferred to a new property within 300 feet of a church, within two very small areas of Baltimore City, if each community association and business association in the area and “the pastor and church board of directors or pastoral council for each church within 300 feet of the proposed location” all agree to the transfer of location. Mr. Pica submitted letters of support from all of the organizations required by the statute.

Jokingly, when Mr. Pica finished his presentation, Judge Ward asked, “do you mind teaching a class for lawyers in applying for transfers?”

Mr. Pica went on to describe the history of the establishment. Mr. Marion Mugavero opened a confectionery store there in 1947, after World War II, which operated until the end of 2010. Generations of kids had grown up playing in and around the store in Little Italy. He then described the proposed establishment: it will be a casual Italian sandwich restaurant, with great meatballs and a family atmosphere. There will not be any disruption to any licensees in the area. As to “uniqueness of services,” which is one of the factors that the Board must consider under Article 2B section 10-202(a), Mr. Pica said, “it’s one of the only places you can get a sandwich.”

Zoning B-3-2
Neighborhood Little Italy
Area demographics 58% Black, 29% White, 5% Asian; 7% Hispanic ethnicity; 29% of households have children under age 18; Average household income: $30,550.74; 35% households below the poverty line
Does corp entity exist, in good standing? Yes; yes
Location of entity’s principal office 300 S. Exeter St, Baltimore, MD
Attorney for licensee Mr. John Pica
# in support 2
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Granted
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 or other issues observed

The Board properly approved this license under the new statute, but the particular provision used here from the new law may be unconstitutional, in violation of the First Amendment to the Constitution.

Article 2B section 9-204.3 prohibits new or transferred liquor licenses within 300 feet of a church or school in Baltimore City. The new law allows a waiver of this provision for two very small areas of the City, provided that the license is approved by the “pastor and church board of directors or pastoral council for each church within 300 feet of the proposed location” as well as any community association whose boundaries include the proposed establishment.

In a 1982 Supreme Court case called Larkin v. Grendel’s Den, the Court said that allowing religious institutions to give veto power over the issuance of a liquor license is an unconstitutional delegation of regulatory authority to a religious organization. The Court stated that “the mere appearance of a joint exercise of legislative authority by Church and State provides a significant symbolic benefit to religion in the minds of some by reason of the power conferred.” The Court said that the provision leads to an excessive entanglement between a religious organization and the processes of government, which violates the First Amendment’s Establishment Clause.

You can read more about the constitutionality of the provision in the Attorney General’s letter on the subject — click here for more.

The Board did not consider any of the above during its deliberations.

Applicants Vladimir Semerey & Emre Bektas
Business Name 900 Pizza, LLC
Trading As Trade name pending
Address 900 S. Kenwood Avenue
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for hearing Application to transfer ownership, request for outdoor table service & live entertainment
Hearing notes

The hearing was postponed, after requests received from both the applicant and community members.

Zoning R-8
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.
Location of entity’s principal office 900 S Kenwood Ave, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None
Applicants Richard Flynn, Veronica Flynn & Cora Flynn-Williams
Business Name In Like Flynn, LLC
Trading As In Like Flynn
Address 1367-71 Andre Street
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for hearing Application to transfer ownership, requests for live entertainment, off-premises & outdoor table service
Hearing notes

Mr. Peter Prevas represented the three applicants, who were all present at the hearing. The application is for a transfer of ownership only (not location). Prevas explained that Mr. Melvin Kodenski, who represents the current owner, told him that the live entertainment at this establishment goes back to before the current zoning code, so it has been “grandfathered” in. Mr. Kodenski has discussed this with Geoffrey Veale from Zoning Enforcement. Previously, it was an Irish bar called J Patrick’s Pub. Mr. Flynn testified that “in honor of Mr. Patrick,” the previous owner, they plan to have traditional Irish music as well as some bluegrass and jazz. He explained to the commissioners that it will be “nothing crazy, nothing that’s going to rock the neighborhood or make too much noise.”

Regarding the request for outdoor table service, Judge Ward asked whether there is room for tables, noting that the establishment is on a rather narrow corner. Prevas explained that Zoning has already approved the outdoor tables. Prevas said, “the only new thing we’re asking for is the off-premises catering.”

Commissioner Moore asked about the validity of the license, since J. Patrick’s closed in January 2013. She asked, “the license that we’re transferring today has been in use consistently since June 2013, is that correct?” Mr. Prevas replied, “there was extensive renovations, so I don’t think that [the current owner, Mr. O’Donnell] picked up his license until April 2014.”

Zoning R-8
Neighborhood Locust Point
Area demographics 90% White, 3% Black, 3% Asian; 3% Hispanic ethnicity; 15% households have children under age 18; median household income: $73,342; 8% households live below the poverty line.
Does corp entity exist, in good standing? The corporate entity is “In Like Flynn Tavern, LLC,” not “In Like Flynn, LLC.” In Like Flynn Tavern, LLC, exists but is not in good standing.
Location of entity’s principal office 2837 Huntingdon Ave, Baltimore, MD
Attorney for licensee Mr. Peter Prevas
# in support 3
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Approved
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 or other issues observed

The license at this establishment may be expired, under Article 2B section 10-504(d). According to news reports, the bar closed in January 2013; the license and building were sold at auction the same month and the transfer of ownership was approved in June 2013. (See the Booze News post about the hearing here.) The commissioners did not mention when the present application to transfer ownership was submitted to the Board or when the previous transfer was completed or whether a hardship extension was requested or granted. The bar was closed from early January 2013 to June 2014: roughly 513 days. Though it is possible, depending on the factors listed above, that the license could be valid, the commissioners (other than Moore’s quick question) did not seem to consider any of these issues when they made their decision.

Applicant Dennis Hall
Business Name Serenity Lounge, LLC
Trading As Serenity Lounge
Address 1173-75 Sargeant Street
Type of License Class “B” Beer, Wine & Liquor License
Reason for hearing Application to transfer ownership
Hearing notes The commissioners postponed the case until July 31, because the licensee’s attorney is out of town.
Zoning R-8
Neighborhood Washington Village/Pigtown
Area demographics The Baltimore Neighborhood Indicators Alliance (BNIA) did not have demographics available for Washington Village/Pigtown.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1173-75 Sargeant St, Baltimore, MD 21223
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None
Applicants Dana Valery & Aleksandr Suurna
Business Name Milk & Honey Spirits, LLC
Trading As Trade name pending
Address 1705 N. Charles Street
Type of License Class “A” Beer, Wine & Liquor License
Reason for hearing Application to transfer ownership & location of a Class “A” BWL presently located at 900 N. Charles Street to 1705 N. Charles Street
Hearing notes The case was postponed at the request of the applicants.
Zoning B-5-2
Neighborhood Charles North
Area demographics 53% White, 32% Black, 8% Asian, 3% 2 or more races; 4% Hispanic ethnicity; 6% households have children under age 18; median household income: $38,331; 5.5% households live below poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1705 N Charles St, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None

1:00pm cases

The cases scheduled for the 12:00pm docket were moved back one hour to 1:00pm.

Violations

Licensee Luis George
Business Name Two Loueys Cantina, LLC
Trading As Two Loueys Cantina Bar & Grill
Address 200 S. Haven Street
Type of License Class “B” Beer, Wine & Liquor License
Reason for hearing 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, quiet or morals” (Re: April 26, 2014, police officer observed 40 -50 individuals dancing in the establishment, liquor license states “No live entertainment or dancing”)
Hearing notes

Upon the request of the licensee, the hearing was rescheduled for August 7.

Zoning M-2-2
Neighborhood Highlandtown
Area demographics 52% White, 12% Black, 3% Asian, 2% 2 or more races, 30% Hispanic ethnicity, 30% households have children under age 18; Median Household Income: $39,874.02; 18% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 205 W. North Avenue, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None
Licensees Christopher Nwaeze & Musibau Shittu
Business Name Taste International, Inc.
Trading As Taste International
Address 4314-16 Curtis Avenue
Type of License Class “B” Beer, Wine & Liquor License
Reason for hearing 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, quiet or morals” (Re: May 4, 2014, police officer observed establishment operating with an expired liquor license”)
Hearing notes Upon the request of the licensee, the hearing on this violation was moved to August 7.
Zoning B-2-2
Neighborhood Curtis Bay
Area demographics 48% White, 36% Black, 4% 2 or more races; 10% Hispanic ethnicity; 40% households have children under age 18; median household income: $33,644; 22% households live below the poverty line
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 4314 Curtis Ave, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None
Licensees David Estep & Alice Oppel
Business Name 418 S. Clinton St., Inc.
Trading As Irish Pub
Address 418 S. Clinton Street
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for hearing

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, quiet or morals” (Re: October 4, 2013, no valid traders license)

Violation of Rule 4.10(a): “No licensee shall purchase alcoholic beverages except from a duly licensed manufacturer or wholesaler, not shall any licensee sell to any other licensee any alcoholic beverages; and no licensee shall, at any time, keep or permit to be kept upon the licensed premises, any alcoholic beverages unless purchased in accordance with the Rule.” (October 4, 2013, Agent from Comptroller’s office confiscated two (2) bottles of liquor with retail stickers affixed)

Hearing notes

Mr. Abe Hurdle represented the licensees. When the case was first called, Inspector David Hollingsworth from the Comptroller’s office was not present to substantiate his allegations. The Board set the case aside to give Hollingsworth time to arrive.

After a few more cases, the case was re-called, and Mr. Hollingsworth was still not there. Ward double-checked that Mr. Hollingsworth had been notified of the hearing scheduled for that day (he had, according to the Executive Secretary). Hurdle made a motion to dismiss, which Ward granted.

Zoning R-8
Neighborhood Highlandtown
Area demographics 52% White, 12% Black, 3% Asian, 2% 2 or more races, 30% Hispanic ethnicity, 30% households have children under age 18; Median Household Income: $39,874.02; 18% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 418 S Clinton St, Baltimore, MD
Attorney for licensee Mr. Abe Hurdle
# in support 2
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Dismissed.
Vote tally Ward dismissed the case without consulting Moore and Jones.
Portions of state law cited in decision None
Other reasons given for decision None
Issues raised in audit present in this case or other issues observed None
Licensee George Zaganas
Business Name Sherrie’s Show Bar, Inc.
Trading As Sherrie’s Show Bar
Address 3821-23 Pulaski Highway
Type of License Class “BD7” Beer, Wine & Liquor License, Adult Entertainment
Reason for hearing Violation of Rule 4.17(a) “No licensee shall permit or suffer his premises to be used for the purpose of any sexual activity, nor shall any licensee permit or suffer any employee, patron or frequenter to solicit any person for prostitution or other immoral purposes” (Re: December 11, 2013, dancer solicited police offer for sexual intercourse)
Hearing notes

The licensees had submitted and were granted a request for postonement. The Board will hear the case on August 7, 2014.

Zoning M-3
Neighborhood Baltimore Highlands
Area demographics 52% White, 12% Black, 3% Asian, 2% 2 or more races, 30% Hispanic ethnicity, 30% households have children under age 18; Median Household Income: $39,874.02; 18% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes, but the entity name is “Sherrie’s Show Bar and Lounge, Inc.
Location of entity’s principal office 3821 Pulaski Highway, Baltimore, MD
Attorney for licensee None
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Postponed
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 or other issues observed None
Licensees Frank Shaulis, Lorraine Cummings & Marc Rosenberg
Business Name Kimmico, Inc.
Trading As Fantasies
Address 5520 Pennington Avenue
Type of License Class “BD7” Beer, Wine & Liquor License
Reason for hearing Violation of Rule 3.03(c): “Licensee shall keep on their premises records containing the legal names, aliases, addresses, 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: November 5, 2013, no employee records for 14 dancers working at the establishments)
Hearing notes

Mr. Frank Shaulis is the licensee at this establishment and also represents licensees often before the Board.

When the case was first called, Police Detective Greenhill was not there; the case was set aside for a few minutes to give the officer time to get to City Hall.

When the case was re-called, Detective L.C. Greenhill testified that he, with Detective Shelton Jones and other officers, had done a routine check of the establishment on November 5, at 10:15pm, and had asked to see employee records. The manager on duty did not have access to the employee records and told the police that he wasn’t sure if there were employee records on the premises at the time. Some of the employees at the establishment did not have identification on them, but the police made a list of all the employees present and verified their identies. Three of the dancers had already left, who were only identified by their stage names. The manager told the police that he would try to find the records and provide them within one business day.

Frank Shaulis then testified, as the licensee. Lorraine Cummings was also present at the hearing, but Marc Rosenberg was not. Shaulis testified that he has been a member of the Maryland bar for over forty years. He provided the Board with employment records for all of his employees: servers, security, and dancers. He said that the records he was submitting were the records that are always on the premises. He explained that when the police had done their check on November 5, they had been renovating part of their building, and that “some parts of the building were in disarray,” which was why the manager could not find the records. Since then, he pointed out, the Liquor Board inspectors have been there several times and the records have always been there. Most recently, an inspector had been to the establishment on July 8, 2014 and had found the records in good order.

Commissioner Jones asked if the licensees could provide a copy of any work permits to prove that they had done renovations on their building. Shaulis did not have any permits with him, but assured the Board that all permits were in place. Commissioner Moore followed up, asking “what evidence do you have today that work was being done?” Shaulis replied, “I’m a member of the bar” (implying that his testimony can be believed because he is an attorney). Moore was not satisfied this response, asking for any documents, photographs, or any paper, anything to support his claim. Shaulis replied, “it’s hard to prove a negative.” Moore disagreed, saying “if you have [evidence of renovations], show it.” Shaulis said, “I didn’t think I had to come down here and prove that work is being done.” Moore said, “the only reason I’m asking for it is that you’re saying today that the reason you couldn’t find the documents is that work was being done.” Shaulis’s attorney pointed out that the Board could take judicial notice of the permits. Moore disagreed, saying “we can’t take judicial notice if [the documents are] not presented.” She also said that the inspector’s report for July 2014 is not useful, since the violation occurred in November 2013.

Zoning M-3
Neighborhood Curtis Bay
Area demographics 48% White, 36% Black, 4% 2 or more races; 10% Hispanic ethnicity; 40% households have children under age 18; median household income: $33,644; 22% households live below the poverty line
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 5520 Pennington Ave, Baltimore, MD
Attorney for licensee The attorney did not introduce himself, but the licensees were represented by an attorney.
# in support 2
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None

Violations—Sales to a Minor

Licensees Juanita Sowell & Young Ok Uoon
Business Name UJ Liquors, Inc.
Trading As Shuster’s Liquors
Address 1231-33 W. Baltimore Street
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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Mr. David Woo, attorney for the licensees, appeared on their behalf. The licensees are both out of town and they admitted the violation. Mr. Woo explained that the clerk who sold the alcohol was a temporary employee and was not acquainted with the business practices of Shuster’s Liquors. The licensees are currently in the process of selling their license to new licensees. There is one previous violation for selling to a minor within the past three years.

Baltimore City Police Detective Akinwande testified that at 8:50pm on January 31, police cadet Gregory McCoy III, age 20, entered the store and purchased one pint of Black Watch vodka from the store clerk for $4. The clerk did not ask for proof of age.

Executive Secretary Michelle Bailey-Hedgepeth pointed out that the corporate entity is not in good standing with the state of Maryland. Mr. Woo said that he was not aware of that but that he would take care of it.

Zoning B-2-3
Neighborhood Hollins Market
Area demographics 83% Black, 13% White; 31% households have children under age 18; median household income: $19.183; 38% households live below the poverty line
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 1231 W. Baltimore St, Baltimore, MD
Attorney for licensee Mr. David Woo
# in support 0
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $1000 fine (second violation within three years).
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 or other issues observed None
Licensees Min Yong Jung, Jung Ku Kim & Jong Myun Park
Business Name B & G Liquor, Inc.
Trading As B &G Cutrate
Address 1538 W. Baltimore Street
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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Licensee Jong Myun Park was present at the hearing. He said that his wife did not ask for the cadet’s identification, but she asked him his age. Park said that Cadet McCoy told Park’s wife, the clerk, that he was 21. He said that, in the future, they will be very careful to ask for ID.

Baltimore Police Detective Akinwande testified that at 8:59pm, police cadet Gregory McCoy, age 20, purchased one pint of New Amsterdam peach vodka from Ms. Min Yong Jung.

Zoning B-2-3
Neighborhood Franklin Square
Area demographics 83% Black, 13% White; 31% households have children under age 18; median household income: $19,183; 38% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1538 W. Baltimore St, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensee Pyong Hon Song
Business Name Fulton Liquor Store, Inc.
Trading As Fulton Liquor Store
Address 1801 W. Lexington Street
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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective LC Greenhill testified that on January 31, at 9:10pm, police cadet Gregory McCoy, age 20, purchased a Coors Lite beer. He paid $3.70 and left the store with the purchased alcohol in his hand. The clerk did not ask for proof of age.

Licensee Pyong Song was present, with her daughter to translate for her. She told the Board that it was her mistake.

Zoning R-8
Neighborhood Franklin Square
Area demographics 83% Black, 13% White; 31% households have children under age 18; median household income: $19,183; 38% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1801 W Lexington St, Baltimore, MD
Attorney for licensee None
# in support 2
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensees Hyun Yang, Young Hee Yang & Yon Hwa Lee
Business Name Twin’s Liquors, Inc.
Trading As Doc’s L & P Liquors
Address 2101 W. Lexington Street
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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Police Detective L.C. Greenhill testified that on January 31, at 9:25pm, police cadet Gregory McCoy, age 20, puchased alcohol from the establishment; the clerk did not ask for proof of age. Greenhill also said that when the police detectives entered the store after McCoy had returned with the alcohol, the clerk was belligerent and kept trying to question Cadet McCoy about his age. The detectives told Mr. Yang to step away from Cadet McCoy. Yang was very upset about being written up for the violation.

Mr. Yange was present but did not offer any testimony. He received translation help through his fellow licensee, Mr. Park.

Zoning R-8
Neighborhood Penrose/Fayette Street Outreach
Area demographics 17% White, 76% Black, 1% Asian; 4% Hispanic ethnicity; 37% households have children under age 18; median household income: $27,751.89
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2101 Lexington St, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 1
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licenseees Jum Rae Cho & Chang Un Kim
Business Name Fulton Discount Liquors, Inc.
Trading As Fulton Discount Liquors
Address 551 N. Fulton 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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Licensee Mr. Jum Cho was present at the hearing and admitted the violation.

Baltimore Police Detective Akinwande testified that 20-year-old police cadet Gregory McCoy purchased one pint of Bacardi Gold for $8.21 and was not asked for identification.

Zoning R-8
Neighborhood Harlem Park
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 551 N. Fulton Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensee Jun Ran Kim
Business Name MGC Market, Inc.
Trading As Fox Liquors
Address 1301-03 N. Fulton Avenue
Type of License Not provided in docket
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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Licensee Jun Ran Kim was present but did not submit any testimony.

Detective Akinwande testified that at 9:58pm on January 31, police cadet Gregory McCoy purchased one pint of New Amsterdam peach vodka for $6.27 and was not asked for ID.

Zoning R-8
Neighborhood Sandtown-Winchester
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1301 N Fulton Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensees Chang H. Cho & Hung S. Cho
Business Name Gold Medal, Inc.
Trading As Carlton Liquors
Address 1900 W. North Avenue
Type of License Class ”A-2” 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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Police Detective L.C. Greenhill testified that Gregory McCoy, age 20, purchased alcohol at the establishment at around 10:05pm and was not asked for proof of age.

Licensee Chang Cho was present at the hearing, unrepresented, and chose not to testify.

Zoning B-2-3
Neighborhood Mondawmin
Area demographics 1% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 30% households have children under age 18; median household income: $38,912.3; 12.8% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1900 W North Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensee Steve Oh
Business Name 2700 North Liquors, Inc.
Trading As Sun M Liquors
Address 2700 W. North 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 31, 2014, alcoholic beverage sold to an underage police cadet)

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: January 31, 2014, entry to establishment refused to police officers after they identified themselves several times)

Hearing notes

Baltimore Police Detective L.C. Greenhill testified that at 10:20pm, police cadet Gregory McCoy, 20 years old, purchased a 200ml bottle of Southern Comfort for $6. The clerk asked him how old he was, and he told her that he was 24, but she did not ask for identification. When the police announced themselves, the clerk on duty and the licensee’s brother, Mr. Chin Ho, refused to open the door to the establishment. The police closed the store temporarily to complete their investigation. Both the clerk and Chin Ho were “argumentative and enraged,” “extremely hostile and uncooperative.” They were reluctant to answer questions asked by the detectives. At one point, the clerk forcibly snatched a bottle of alcohol from the police officer’s hand and threw it across the store.

Commissioner Jones asked whether Greenhill and the other officers had identified themselves as police, and Greenhill replied that he had his police vest on and showed the employees his badge and ID.

Licensee Steve Oh was present at the hearing but was not in the country at the time of the incident because his mother passed away in his home country.

Zoning B-3-2
Neighborhood Walbrook
Area demographics 1% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 30% households have children under age 18; median household income: $38,912.3; 12.8% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2700 W. North Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible for both charges. $500 for sale to minor. $1000 for noncooperation.
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 or other issues observed None.
Licensees Jennifer Youn & Barry Moore
Business Name JJYC, Inc.
Trading As Uptown Liquors
Address 2115 W. North 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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Licensee Jennifer Youn was present and admitted the violation. Police Detective L.C. Greenhill then testified that on January 31, at 11:05pm, police cadet Gregory McCoy, age 20, purchased 375ml of brandy for $7.15.

Zoning B-2-3
Neighborhood Easterwood
Area demographics 1% White, 97% Black, 0% Asian; 1% Hispanic ethnicity; 35% households have children under age 18; median household income: $26,892.80; 26.2% households live below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2115 W. North Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None

Between hearings, Judge Ward asked Detective Greenhill, “when you’re going around to these West Baltimore bars, you don’t have people calling around saying the police are coming?” Greenhill responded, “No, sir.”

Licensees Kyung Lee, Chang Bom Park & Jin Yong Yang Park
Business Name Green Bottle Liquors, Inc.
Trading As Oxford Tavern
Address 1741 W. North 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 31, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective Akinwande testified that, at 11:35pm on January 31, police cadet Gregory McCoy, age 20, purchased a bottle of Jack Daniels from the store for $13.04. The clerk at the store did not request proof of age. Jin Yong Yang Park was present and did not testify.

Zoning B-2-3
Neighborhood Sandtown-Winchester
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 10236 Wetherburn Rd, Ellicott City, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensees Kwan Young Lee & Jeong Sug Lee
Business Name Robinson’s Food & Variety Market, Inc.
Trading As Robinson’s Food & Variety
Address 3601 Park Heights 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Baltimore City Police Detective Akinwande testified that police cadet Gregory McCoy, age 20, purchased a 375ml bottle of Jack Daniels from licensee Kwan Young Lee for $14.70. Mr. Lee did not ask the cadet for proof of age. Mr. Lee admitted the violation.

City Councilmember Sharon Green Middleton, representing the 6th councilmanic district, testified, with Julius Colon, President and CEO of Park Heights Renaissance. Middleton stated that she has represented the area for eight years and that Park Heights has the largest concentration of liquor stores in a community in the entire state of Maryland. She stated that the community got state legislation passed so that stores in the neighborhood cannot open until 9am (they can open at 6am throughout the rest of the City). Park Heights is going through a revitalization, and new housing was just opened for the first time in close to forty years. According to Middleton, “true revitalization will not take place until we get rid of some of these liquor stores. We mean business.” She had noticed that four of the liquor stores on the docket for July 24th are “right down the line on Park Heights Avenue in [her] district.” None of the store owners do anything to benefit the community.

Commissioner Moore pointed out that the Board can only rule on the charge before it: selling alcohol to minors. Ward pointed out that it is also a first offense for this particular store. The Chairman encouraged the councilmember to call the liquor board and promised that the Board would send out inspectors to confirm the report. He said, “we’re not going to sit back and wait for an offense to occur,” adding, “I know what you’re going through, I used to be a city councilman myself.”

Mr. Julius Colon, president & CEO of Park Heights Renaissance, echoed his councilmember’s concenrs. He said that his community members will be calling the Board more regularly. Colon said, “the last board that was here, we used to come and testify as well. You will be seeing more and more of us.”

Zoning B-1-2
Neighborhood Park Heights
Area demographics 2% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; 33% households living below the poverty line; median household income: $27,238.61
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 100 E Pratt St, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 2
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensees Bu Sup Yun, Jeong Hui Yun & Sun Ja Gim
Business Name Yun, Inc.
Trading As Park Lane Cut Rate Liquors
Address 4416 Park Heights 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Baltimore City Police Detective Akinwande testified that, at 9:26pm on February 7, underage police cadet Gregory McCoy purchased a 24-fluid ounce Budweiser for $2.50. No one asked McCoy for proof of age. Mr. Bu Sup Yun, the licensee, admitted the violation and said that his son made a mistake and sold the alcohol.

Julius Colon and Sharon Green Middleton reiterated their testimony from the previous hearing. Colon suggested, “maybe we should think about increasing the penalty” for selling to minors. Middleton added that there have been three shootings recently in the shopping center where the license is located.

Commissioner Moore agreed with Mr. Colon that the Board may need to revisit the fines imposed for violations. She noted that the standard $500 fine does not seem to be a deterrent to licensees. Judge Ward agreed, saying that the Board members are warning the licensees that in the future, the policy may be reexamined.

Zoning B-2-2
Neighborhood Park Heights
Area demographics 2% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; 33% households living below the poverty line; median household income: $27,238.61
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 4416 Park Heights Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 2
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensees Sae Yong Oh, Sue Mee Oh & Myung Ja Nam
Business Name SSM OH, Inc.
Trading As Knight’s Liquors
Address 5139-41 Park Heights 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Police Detective L.C. Greenhill testified that on February 7, at the establishment, at 9:55pm, police cadet Gregory McCoy purchased alcohol and was not asked for proof of age. Mr. Sae Yong Oh, the licensee, admitted the violation.

Councilwoman Middleton and Julius Colon of Park Heights Renaissance testified as well. They reiterated their previous testimony from the previous cases. Colon added that, just two weeks ago, there was a fatal stabbing on this block. There are three liquor stores within a 50-foot radius of each other, and, according to Colon, it is a problem area. Ward advised Mr. Colon that he should tell his community leaders to use the avenues of complaint that are available to them. Middleton added that the “famous 5100 block” of Park Heights Avenue is one of the biggest problems in the neighborhood. Police spend a lot of time on the block, and there is “crazy activity.” Some people are getting hit by cars who are intoxicated or on drugs.

Judge Ward noted that “it’s amazing that this area is next to a world class race track.” He told a story of a criminal case that he heard when he was a Circuit Court judge; there used to be two phone booths on Park Heights Avenue at this intersection. A man walked up to the intersection and asked both of the people on the phone, “how long are you going to be on your phone call?” Both people responded that they would be on the phone for thirty minutes. The man sat down on the curb to wait, and at the end of thirty minutes, he stood up and shot and killed both of them.

The licensee, Mr. Oh, then testified about his store. He told the Board that he is “trying to be honest.” He works from open to close, with no day off, all year long. He is miserable, but he is working hard to clear what he owes. Four or five years ago, he started trying to sell the business, but in Park Heights, there are a lot of restrictions, and he was not able to sell. His family does not have any assets except the store.

Zoning B-2-2
Neighborhood Park Heights
Area demographics 2% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; 33% households living below the poverty line; median household income: $27,238.61
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 3523 Upper Mill Ct, Ellicott City, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 2
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensee Hwan Yong
Business Name Yong’s Place, Inc.
Trading As M & M Discount Liquors
Address 5142 Park Heights 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Mr. Peter Prevas represented the licensee, Kwan Yong.

Baltimore City Police Detective Akinwande testified that police cadet Gregory McCoy purchased a 375ml bottle of Bacardi Gold for $7.67 and was not asked for proof of age. Prevas objected to the admission of Akinwande’s police report as well as to any facts that Akinwande stated that he did not personally witness. Cadet McCoy was not present at the hearing, which makes Akinwande’s testimony about McCoy’s actions hearsay. Rather than let Mr. Prevas continually interrupt the police officers, Judge Ward noted that Mr. Prevas had a continuing objection to the detective’s testimony and allowed him to proceed uninterrupted.

Mr. Prevas cross-examined Detective Akinwande. He asked, “you sent the cadet in and you remained outside?” “Yes.” “You didn’t observe the cadet purchasing anything within the store?” Akinwande: “I didn’t observe him making the purchase. He entered the store with the money, and I lost sight of him.” Prevas then asked, “so the cadet went into the store, made the purchase, and came out?” Akinwande replied yes, that he was parked outside in the same block and saw the cadet when he came out of the store with the alcohol in his hand.

Prevas then asked, “where is the cadet today?” Akinwande said that McCoy was recently admitted into the Baltimore City police academy and was going through orientation that day. Prevas then asked whether McCoy had been summonsed to appear before the Board, and Executive Secretary Michelle Bailey-Hedgepeth said that he had.

Prevas then said to the Board, “Your Honor, in light of that, I move to strike all testimony of the cadet, including his age. Hearsay is not admissible if there is a subpoena for the witness.” Not pausing for a moment, Ward replied, “that’s very interesting law that you just quoted. I’ve never heard it before. Overruled.”

Prevas then objected to the testimony of Colon and Middleton, because they were not involved in the incident that led to the violation of the rule. Ward replied, “I am listening as a courtesy to community representatives coming in to tell us about problems. We’re not applying it to the case at this time.” Prevas argued that in another forum, it’s extremely appropriate for community members to voice concerns, but a violation hearing is a two-party matter, not a three-party matter. He said that the community members’ testimony “could prejudice the decision of the Board.” He said, “I object because it’s not appropriate and it takes away from the propriety of the Board’s function.” Ward responded that he and his fellow commissioners will not apply any of the community members’ evidence to the facts of this violation case, adding “I think you’ve won your motion, but I’m still going to hear from them.”

Julius Colon then testified about constant crime, drug trafficking, hanging out, and loitering in front of the Park Heights liquor stores. Councilmember Middleton spoke about the particular store, that it has been closed several times for different violations and has had a lot of negative history.

In mitigation for the offense, Prevas then told the Board that the licensee had not been present at the time of the violation; “he was at the gym.” The clerk responsible was fired the same day. The licensee has a card reader and he uses it. If anyone looks under 35, they check ID. He submitted a letter from the Board that the licensee had received congratulating him for not selling to a minor during a different police investigation. Ward said that it is not considered “mitigation” to follow the law later, after breaking it.

Zoning B-2-2
Neighborhood Park Heights
Area demographics 2% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; 33% households living below the poverty line; median household income: $27,238.61
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 5142 Park Heights Avenue, Baltimore, MD
Attorney for licensee Mr. Peter Prevas
# in support 1
Attorney for community None
# of protestants 2
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None.
Licensees Destiny Martin, Carol Weekes & Kimberly Martin
Business Name Royal Blue Caribbean, Inc.
Trading As Blue Caribbean Bar and Lounge
Address 5402A&B Park Heights 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective L.C. Greenhil testified that Gregory McCOy, under the age of 21, purchased and was served a Jack Daniels whiskey and Coke, for $8. The bartender did not ask for proof of age. The manager, Mr. Thompson, explained that it was a mistake; the cadet came in the door just before the security staff arrived, so the bartender assumed that McCoy’s ID had been checked at the door already. Thompson said that the violation has never happened before and won’t happen again.

Julis Colon, from Park Heights Renaissance, testified that he was disappointed in this restaurant because the licensees are normally responsible. He was surprised to hear that they had a violation.

Zoning B-3-2
Neighborhood Park Heights
Area demographics 2% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; 33% households living below the poverty line; median household income: $27,238.61
Does corp entity exist, in good standing? Yes; no.
Location of entity’s principal office 5021 Queensbury Ave, Baltimore, MD
Attorney for licensee None
# in support 3
Attorney for community None
# of protestants 2
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensee Clarence White
Business Name None provided in docket
Trading As CC Lounge
Address 4923 Reisterstown 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective L.C. Greenhill testified that on February 7, Gregory McCoy purchased a 12-ounce Bud Ice beer for $2.50 and was not asked for proof of age. The licensee was present but did not testify.

Mr. Julius Colon, of Park Heights Renaissance, testified that the location is directly across the street from Langston Hughes Elementary School. This particular licensee has been supportive of community activities, and Mr. Colon has asked him to move his store away from the vulnerable elementary school students. Councilwoman Middleton added that she was disappointed in this licensee. The store is not just next to school but it is also next to a church on the other side. She noted that the licensee does participate in community activities, but she hopes this violation serves as a lesson.

Zoning R-6
Neighborhood Langston Hughes
Area demographics 2% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; 33% households living below the poverty line; median household income: $27,238.61
Does corp entity exist, in good standing? None provided in docket
Location of entity’s principal office None provided in docket
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 2
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensee Lois Smith Finifter
Business Name M. M. & T., Inc.
Trading As Joe’s Place
Address 6200 Reisterstown 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: February 7, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective Akinwande testified that 20 year old Cadet McCoy purchased alcohol at the establishment and was not asked for proof of age.

Mr. Fred Lauer, attorney for the licensee, on behalf of his clients, admitted the violation. The licensee and her manager have put up signs about not selling to people under age 21, both for the customers and also to remind the employees. She is taking the violation very seriously. Ms. Finifter testified that she was extremely sorry and that she does understand that a liquor license is a privilege.

Zoning B-3-1
Neighborhood Reisterstown Station
Area demographics 28% White, 63% Black, 1% Asian; 5% Hispanic ethnicity; 27% households have children under age 18; median household income: $37,372.32; 18% of households living below the poverty line.
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 6200 Reisterstown Rd, Baltimore, MD
Attorney for licensee Mr. Fred Lauer
# in support 2
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None.
Licensee Keum Nan Kim
Business Name 1609 Laurens Street, LLC
Trading As Club Bar
Address 1609 Laurens Street
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: April 11, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Baltimore City Police Detective L.C. Greenhill testified that on April 11, at 11:33pm, police cadet Gregory McCoy, age 20, purchased a 375-ml bottle of New Amsterdam peach vodka for $6.70.

The bartender, Ms. Durant, testified that she was very busy at the time, and did not get a good look at Cadet McCoy. She admitted that it was her fault and that she needs to check IDs more consistently. The licensee was also present but did not testify.

Zoning R-8
Neighborhood Sandtown-Winchester
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 4732 Dorsey Hall Dr, Ellicott City, MD
Attorney for licensee None
# in support 3
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensee Pedro Gomez
Business Name New Smiling Liquors, Inc.
Trading As New Smiling Liquors
Address 2701 Hugo 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: April 11, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Baltimore City Police Detective Akinwande testified that cadet Philip Jones, under the age of 21, had purchased a 40-ounce Steel Reserve from the establishment for $1.85. The clerk, Mr. Jaquez, did not request proof of age.

Judge Ward noted that there was a letter from Councilmember Mary Pat Clarke in the file. He showed it to the licensee and asked him, “do you speak English?” Mr. Gomez responded, “a little bit.” Ward told him to read the document, saying, “it’s a critical letter.”

Mr. Mark Washington, Executive Director of the Coldstream Homestead Montebello Community Corporation, testified that he was there before the Board as a favor to Mary Pat Clarke. Washington said, “I will be honest, I did not want to attend this hearing. The business does operate in a vacuum in the least populated block in our community.” He said that there is significant violence, “countless shootings, a number of murders, two of which have occurred inside the premises. We found absolutely no support or cooperation from the previous board. I felt that this would be another fruitless endeavor.” There are broken bottles around the building. The northeast police district has tired of community members calling about the issue, and they have thrown their hands up in frustration. He said that this particular business has had a history of negligence; they have violated the public trust and their privilege to operate a liquor license. He said that the community had had the licensee’s other store shut down, and since the other store closed, the drug activity on corner, trash, and debris have subsided. He asked, “how is an establishment allowed to operate in a vacuum, with no regard for the community?” He said that the licensee has capitalized and profited and has shown “not only neglect but disrespect.”

Judge Ward looked through previous inspection reports. One, from 2010, said that the trash behind the corner by the side door must be cleaned up. Another, from February 2011, instructed the licensee to clean trash behind the counter. Ward asked the licensee, “so what about all this trash?” The licensee responded, “everything’s clean.”

Commissioner Moore followed up with Mr. Washington about his testimony, asking “was it your testimony that loose cigarettes are being sold from this location?” Washington replied that individuals purchase packs of cigarettes inside and then stand outside and sell them individually. He reiterated, “we have not had much success with the Liquor Board.”

After the Board gave its decision, Ward addressed the licensee, saying: “let me say this to you, sir. I haven’t penalized you for all of the various things [that Mr. Washington alleged]. But I’m telling you, I’ve instructed my Executive Secretary to go out and check everything. The law is that you’re responsible for the conduct of your customers. So you know what’s coming.”

Zoning R-6
Neighborhood Coldstream Homestead Montebello
Area demographics 1% White, 96% Black, 0% Asian; 1% Hispanic ethnicity; 38% households have children under age 18; median household income: $30,821.90
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 2701 Hugo Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 1
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensees Young Min Chang & Shirley Payne
Business Name CB Paradise, Inc.
Trading As Club Paradise
Address 1300-02 Laurens Street
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: April 11, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Baltimore City Police Detective Akinwande testified that on April 11, at 11:05pm, Cadet Gregory McCoy, under the age of 21, purchased a Steel Reserve beer for $1.15. He was not asked for proof of age. The licensee, Young Min Chang, admitted the violation and said, “I will try not to let it happen again.” Ward replied, “that’s a wise statement.”

Zoning B-3-2
Neighborhood Sandtown-Winchester
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 1300 Laurens St, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $500.
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 or other issues observed None
Licensee Donte Summers
Business Name Summers & Associates Management, Inc.
Trading As Red Door Lounge
Address 1000 N. Payson Street
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: April 12, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Baltimore Police Detective L.C. Greenhill testified that on April 12, at 12:27am, cadet Gregory McCoy, under the age of 21, purchased alcohol from the establishment and wasn’t asked for proof of age. There was an additional April 11 underage sale charge listed in the docket, which was a BLLC staff mistake. The licesee was present but did not testify.

Zoning R-7
Neighborhood Bridgeview/Greenlawn
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? No; no. Summers & Associates Management, Inc. does not exist; the corporate charter was forfeited in 2000. Summers & Associates Management, LLC does exist and is in good standing.
Location of entity’s principal office 1000 N Payson St, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensees Chang Soo Kim & Sun Ok Lee
Business Name KM Grace, Inc.
Trading As New Club 909
Address 909 N. Calhoun Street
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: April 11, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective L.C. Greenhill submitted his report into evidence. Mr. David Woo, attorney for the licensee, was present with his client. Chang Soo Kim admitted the violation.

Zoning R-8
Neighborhood Sandtown-Winchester
Area demographics 1% White, 96% Black, 0% Asian; 0% Hispanic ethnicity; 34% households have children under age 18; median household income: $23,974
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 909 N. Calhoun St, Baltimore, MD
Attorney for licensee Mr. David Woo
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed None
Licensee Myra Sturgis & Timothy Seung Oh
Business Name 3113 Corp.
Trading As Rudies Liquors
Address 3107-11 W. North Ave.
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: April 11, 2014, alcoholic beverage sold to an underage police cadet)
Hearing notes

Detective Akinwande testified that on April 11, at 10:38pm, underage cadet Gregory McCoy purchased a 40-ounce Steel Reserve for $2.28. The clerk did not request proof of age. Ms. Sturgis, the licensee, testified that the employee in question no longer works for her and admitted the violation.

Zoning B-2-2
Neighborhood Northwest Community Action
Area demographics 1% White, 97% Black, 0% Asian; 1% Hispanic ethnicity; 35% households have children under age 18; median household income: $26,892.80
Does corp entity exist, in good standing? Yes; yes.
Location of entity’s principal office 3107 W. North Ave, Baltimore, MD
Attorney for licensee None
# in support 1
Attorney for community None
# of protestants 0
# of inspectors 0
Result of hearing Responsible. $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 or other issues observed

This case was not listed on the docket that was posted or sent out on the Liquor Board’s email list, but the licensee was there, because she had been summonsed.

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