What happened at the Liquor Board on January 7, 2016.

Also, under the section requiring the financial information for the business, the applicants wrote “please refer to original application.” It’s not clear what this means, and it was not addressed in the hearing.

Commissioner Hafey pointed out that, on page 3 of the application, both licensees attest that they own 1% of the business. Mr. Yoo responded that this was a mistake: Mrs. Kang is the 99% owner, and Mr. Gross is a 1% owner. Yoo said that he would amend the application to reflect this.

Commissioner Hafey then asked about whether the applicants had contacted the community organizations in the area. Mr. Yoo replied that Mrs. Kang had contacted the one community organization that she was familiar with, called the Brothers and Sisters of All Faiths. This organization submitted a letter on behalf of the applicants, but they had thought the hearing was for a protest of renewal of the license. Yoo explained that this had been a miscommunication, but the community had been supportive of the transfer.

Chairman Neil noted that Ms. Kang’s previous business experience is in the sale of mobile phones; he asked, “what leads us to believe she will be able to operate a liquor establishment?” Mr. Yoo responded that it will be a new business opportunity for her, but he believes she will be successful.

Also, under the section requiring the financial information for the business, the applicants wrote “please refer to original application.” It’s not clear what this means, and it was not addressed in the hearing.

Commissioner Hafey asked whether Mr. Lasinski has reached out to the community; the applicant responded that he did speak to a community leader named Ms. Adamski who referred him to another gentleman whose name he could not remember, and he left messages for that person. Lasinski then testified that he spoke with Patricia Weaver, the head of the Canton Area Business Association and spoke individually to every single neighbor on the block to introduce himself. To Lasinski’s knowledge, the neighbors are supportive of the transfer.

Commissioner Trotter asked for more details about the financial transactions involved in the sale. Lasinski testified that he is leasing, not buying, the property. M & T Bank, from whom he had received his business loan, has a first lien on the liquor license, and the landlord has a second lien.

Lawyers as Witnesses: The attorney for the applicants, Frank Shaulis, signed as a character witness on their behalf. Though this is not a violation of state law or of Liquor Board regulations, to testify in favor of one’s client is a potential conflict of interest for the attorney.

Ms. Joan Floyd, President of the Remington Neighborhood Alliance, expressed concern about the proposed new license with respect to the children of the neighborhood. Her neighborhood organization has been working for years to get a neighborhood school built on a property very close to the proposed R House. The community was able to get the property in question rezoned for public use, in order to preserve it for future development as a school, though it is currently being used by the Baltimore City Police Department. Floyd asked that alcohol not be served on the sidewalk area outside, which is where the neighbors imagine will be the entrance of the future school. She stated that her organization would prefer that the licensee be more family friendly and not allow drinking alcohol outside.

Ms. Hecker responded that her client could not agree not to offer alcohol outdoors. She said that the seating areas would be screened from the public. She also said that Seawall supports the future development of a school, but there is no school now and no plan to construct a school in the foreseeable future.

The commissioners asked about the financial details of the proposed transfer of ownership. Mr. Prevas pointed out that the new BLLC application does not contain a space to include this information. Prevas proffered that the cost of the business is $170,000, and the previous licensees have a security interest in the license, which is subordinate to the loan on the note for the purchase of the business.

Violation of Rule 4.18: Illegal Conduct- August 9, 2015- At approximately 1:30 am, Baltimore City Police responded to the establishment to answer a sexual assault call. Upon arriving at the establishment, Police Officer Alex Haziminas made contact with both the alleged victim and suspect of the assault. Investigation revealed that both the alleged victim and suspect were under 21 years of age. Further investigation revealed that a barback, who was working at Luckies Tavern, allowed the two minors to gain entry into the establishment through and emergency exit. Both minors admitted to police that they purchased and had been served alcoholic beverages at the establishment. Witnesses claimed that they observed the suspect assault the victim after the victim passed out, due to over-intoxication, in a bathroom stall.

Violation of Rule 3.12: Public Welfare- August 9, 2015 -At approximately 1:30 am, Baltimore City Police responded to the establishment to answer a sexual assault call. Upon arriving at the establishment, Police Officer Alex Haziminas made contact with both the alleged victim and suspect of the assault. Investigation revealed that both the alleged victim and suspect were under 21years of age. Further investigation revealed that a barback, who was working at Luckies Tavern, allowed the two minors to gain entry into the establishment through and emergency exit. Both minors admitted to police that they purchased and had been served alcoholic beverages at the establishment. Witnesses claimed that they observed the suspect assault the victim after the victim passed out, due to over-intoxication, in a bathroom stall.

Violation of Rule 4.02: Inebriates and Drug Addicts-August 9, 2015 -At approximately 1:30 am, Baltimore City Police responded to the establishment to answer a sexual assault call. Upon arriving at the establishment, Police observed the alleged victim of the assault passed out in a bathroom stall due to being over­ intoxicated. The victim awoke from her inebriated and unconscious state after the Baltimore City Police had arrived at the establishment.

A Baltimore City Police officer, in his “secondary employment” at Power Plant Live testified that he was on duty on August 9, 2015, at 1:30am when security staff notified officers that there was an incident taking place in Luckies Tavern. He identified two individuals who were in the women’s bathroom and involved in sexual activity. The two individuals, one male and one female, were both highly intoxicated and were both under the age of 21. The officer identified them using their Maryland state IDs. At first, the individuals could not identify each other, and the officers and security personnel treated the situation as a potential rape. The young woman was taken to the hospital, and the young man was taken to the sex offense department of the police department and debriefed. The two individuals had gained access to Luckies Tavern through a side door, which was held open for them by their friends, who were employees of Luckies Tavern.

Mr. Boston asked the officer whether it was later determined that there was no sexual assault. The officer replied that there were no charges filed. Boston asked whether the sexual activity turned out to be between a boyfriend and girlfriend. The officer said that this may have been the case, but when he got to the scene, the two individuals did not know who each other were.

The licensee for Power Plant Live as well as the general manager and general counsel for the business testified briefly about their oversight over the 12 restaurants and bars that operate under the Power Plant Live’s arena license. The only power in the lease agreements between Power Plant Live and its subtenants is termination of the lease. Each individual establishments purchases and manages its own alcoholic beverages. Chairman Neil pointed out that arena licenses can be problematic for the Liquor Board to manage, because the offense takes place at a particular subtenant, but the Board only has the power to fine, suspend or revoke the entire license. Neil and Trotter agreed that they would prefer to have access to management agreements that would allow the Board to fine, suspend or revoke the licenses for just the individual subtenants. The Power Plant Live representatives testified that they do not inspect the individual records of each subtenant. They stressed that a rogue employee had let the two individuals inside, and this person had been terminated, along with the bartender who served the individuals and the manager who was on duty at the time. They have also installed alarms at all doors leading outside and motion-detection security cameras.

In mitigation, Mr. Boston also submitted a letter of support from a member of the Baltimore County underage drinking coalition, who commended Power Plant Live for voluntarily stopping advertising to 18-year-olds. Boston pointed out that Power Plant Live has charitable partners, including Cupid’s Undie Run. He said that his clients would like to be the model citizen in alcohol service in Baltimore City. He called three Liquor Board inspectors to testify in support of Power Plant Live. Assistant Chief Inspector Mark Fosler testified extensively about his interactions with Power Plant Live as part of the Baltimore County underage drinking task force. In 2005, Power Plant Live voluntarily stopped doing college nights, which decreased the issues with underage drinking. Inspectors Howard and Chrissomallis also said that they had not personally seen any issues or violations at Power Plant Live.

At the end of the hearing, Chairman Neil granted Mr. Boston’s motion, merging the Rule 4.18 (Illegal Conduct) and Rule 4.02 (Inebriates) charges with the Rule 4.01(a) charge. He found the licensees responsible for the remaining two violations and suggested a $500 fine for each charge, for a total of $1,000. Commissioner Trotter thought that there should be a $1,000 fine per minor, since there were two of them. Commissioner Hafey voted in favor of a $1,500 fine ($1,000 for the first offense and $500 for the second). Trotter agreed with Hafey.

The police report for this incident provides a good deal more detail about the incidents than was provided by the officer during the hearing. The police report stated that “during the course of the evening, [the young woman] went to the female bathroom and passed out inside of a stall in the female bathroom. Somehow, [the young man] ended up inside the stall with her.” Two female witnesses were in the bathroom and saw that a young woman and young man were in the same stall. They were worried that the young man would try to assault the young woman, so they notified security. The witnesses told the police and security that the young man was “on top of” the young woman but they were unable to see anything else that took place inside the stall. The alleged victim refused a pelvic exam at the hospital.

Under the facts as stated by the police report, the question of whether the young man and young woman were boyfriend and girlfriend, as raised by Mr. Boston, was made irrelevant by the fact that the young woman was, by all accounts, unconscious during the alleged sexual activity.

Ms. Becky Witt (see disclaimer above) represented the Fells Prospect Community Association in this protest of renewal. First, Witt went through previous testimony taken at a November 20, 2014 violation hearing and the April 23, 2015 protest hearing of the renewal of the liquor license. Previous testimony by Mr. Brian Grace about his residence on the Eastern Shore, his full time job in Washington, DC, and his hiring of his full time manager, Richard Mariano, was introduced into the record. Then, Witt went through federal court documents from the case against Mr. Mariano for one count of possession of cocaine with the intent to distribute. The documents showed that Mr. Mariano had used the Big Easy as a place to discuss future drug transactions with federal confidential sources and, in one instance, as a location where he sold cocaine. Mr. Mariano’s cell phones had been wiretapped, and he also said on that call that a large fight on September 21, 2014 had actually taken place inside the Big Easy, though he testified in person on November 20, 2014 that there was no fight.

Four community members testified against the Big Easy: Ms. Marianne Furgison, Mr. Robert Burch, Ms. Chrissy Anderson, and Ms. Deborah Tempura. All of them testified that the establishment had been a danger and a nuisance to them individually and to the community collectively.

Mr. Prevas called Mr. Grace to testify that hiring Mr. Mariano, a convicted drug trafficker, had been a mistake, but he had learned his lesson and would run a better business in the future, if given the opportunity by the board. Ms. Haley Taggart, a proposed new licensee, also testified briefly about her qualifications.