What happened at the Liquor Board on February 25, 2016

Commissioner Hafey asked whether the applicant had spoken with any community association. Kodenski responded that this area used to have an active community association, run by Joyce Adamski, but he hadn’t seen her in a while.

Mr. Yoo said that he used Baltimore City’s website to find a community association, but he couldn’t find any for this address.

Dr. Marvin “Doc” Cheatham testified, as the President of the Matthew Hensen Neighborhood Association, that his group was initially opposed to the transfer of ownership to the current licensee. They met with the applicant to share their concerns and came to a written agreement in which they would not oppose the transfer under certain conditions. Over objections from Mr. Kodenski, Cheatham said that the agreement has been ignored by the licensees; they have not followed through with their promises to the community association.

In mitigation, Mr. Kodenski said that his client allowed his cousin to run the store temporarily and there was a momentary lapse. His client is sorry for the mistake, and it will not happen again.

The commissioners then looked at the Memorandum of Understanding between the Robert W. Coleman association and the licensee, which was in the file. Commissioner Hafey stated that she believed that the MOU could be brought up during a protest of renewal.

Responding to a question from Commissioner Trotter, Cheatham elaborated that drug sales take place daily in front of the store and inside it. The police sometimes come and clear people out, but they return. Kodenski objected and said that there are drug sales “in this building [City Hall], probably.”

Violation of Rule 3.03(c): Records – December 10, 2015 – At approximately 9:34 PM Baltimore Police Department, the Baltimore Sheriff’s Office, and the BLLC conducted random, joint investigations of establishments to determine if licensees would sell alcoholic beverages to minors. After the BLLC responded to the location, Agent Fosler asked for a copy of the employee records. No employee records could be provided to the BLLC at the time of the request.

Violation of Rule 4.18: Illegal Conduct – December 10, 2015 – At approximately 9:34 PM Baltimore Police Department, the Baltimore Sheriff’s Office, and the BLLC conducted random, joint investigations of establishments to determine if licensees would sell alcoholic beverages to minors. After the BLLC responded to the location, Agent Fosler asked to review a copy of the Trader’s License. The establishment could not provide Agent Fosler with a copy of an active Trader’s License.

Liquor Board inspector Mark Fosler testified that the store sold a 24-ounce can of beer to a female cadet. The young woman was photographed with the item she purchased and the alcohol was returned to the store. The inspectors and police, who were waiting outside, then found that the licensee did not have employee records or a valid trader’s license. Maslan asked Fosler whether he saw how the young woman was dressed. Fosler replied that he had seen her. Maslan asked whether she had a hood on over her head. Fosler replied that she did not, to his recollection.

Baltimore Sheriff’s Deputy McCorkle testified that she went in behind the cadet, who purchased the alcoholic beverage. McCorkle witnessed the entire incident, as her supervisor. She also testified that there was no hood over the woman’s head.

Baltimore Police Detective Abraham Gatto said that there was another member of the investigative team who may have been wearing a hoodie outside of the store, who never went inside. It was a cold night in December, so they were dressed warmly. Gatto said that the store clerk did lock the door immediately after the cadet and her supervisor left with the alcohol. When Gatto asked the clerk to unlock the door, he said to Gatto that he had been afraid that he was about to be robbed. Gatto said that usually when someone robs a store, they don’t buy a Straw-Ber-Rita first.

The clerk on duty at the time testified that he had been working in the industry for 40 years and had never been cited for a sale to a minor. On that date, the other employee did not show up, so his friend Jim came to the store to keep him company. He was on edge, because he had been robbed at the store the week before. He did not even remember the sale to the cadet, because he was so concerned about the person with the hoodie who was standing outside of the store. Contrary to Gatto’s statement, the clerk said that he was robbed as the person was pretending to make a purchase; the gun came out when the cash register opened.

With respect to the other charges, he did not have access to any employee records. The clerk said that the trader’s license was just out of date by a week or so.

Inspector Fosler testified that the trader’s license had expired in April 2015, and it is still expired.

Maslan concluded that this was a “most unusual case” in which a man had been in business for forty years and was legitimately in fear for his life.

In response, Chairman Neil said that he was “not unappreciative” of the man’s fear, but there was a technical violation of the law. Commissioner Trotter added that the Board has been very vocal about underage drinking. Commissioner Hafey agreed, saying that the trader’s license had been expired for more than eight months, which is not something that they should overlook.

Violation of Rule 3.03(c): Records – December 10, 2015 – At approximately 8:45 PM Baltimore Police Department, the Baltimore Sheriff’s Office, and the BLLC conducted random, joint investigations of establishments to determine if licensees would sell alcoholic beverages to minors. After the BLLC responded to the location, Agent Fosler asked for a copy of the employee records to identify the bartender/store clerk who sold the volunteers alcoholic beverages. No employee records could be provided to the BLLC at the time of the request.

Chairman Neil then asked whether the license should be seized or whether the Board should just postpone the case to another day. Inspector Fosler testified that the allegations were fairly worrisome: there were no employee records in the establishment, and the bartender ran out the exit door as soon as she saw the inspectors and police. The remaining employees refused to give the inspectors and police her name or any identifying information. Fosler said that someone who used to be affiliated with Playbook in Southeast Baltimore (which has a long violation history) came over to this location, and neighbors have been complaining ever since.

After a long discussion, the Board decided to postpone to the following week and not seize the license.