What happened at the Liquor Board on March 30, 2017

The proposed site for the brewery and restaurant is across the street from the Baltimore Montessori Public Charter School. Hurdle said that the building has been “underutilized” but that his clients hope to open in September or October. Custom equipment has to be ordered and installed.

The applicants testified briefly about their hopes for the project and to be involved in the community.

The current plan is to be open for lunch and dinner and to not be open much in the morning. Once the business gets going, they may extend their evening hours later, until midnight.

Commissioner Moore expressed concern about the proximity to the Baltimore Design School and the Montessori School. Deputy Executive Secretary Thomas Akras explained that new and transferred Class B licenses are allowed within 300 feet of a school or church outside of the 46th legislative district. Commissioner Moore noted that she lives not far from this block and the school drop off and pick up traffic issues are significant in the morning and afternoons.

Commissioner Moore also noted that Mr. Popescu lives in Florida and asked about how he plans to operate the business from so far away. Mr. Hurdle responded that Mr. Popescu will be moving to Baltimore full time by the time that the business opens, six to nine months from its approval.

Moore asked the applicants what the public need and desire is for another brewery in this neighborhood, noting that the Peabody Heights Brewery is also not far away. Hurdle responded that the brewery license is through the state, not the local liquor board. He pointed Moore back to the community’s letter of support, the jobs created, and a business open in the evening. One of the applicants responded that breweries in general are a boon to the community. Breweries work together to do community outreach and fundraisers. It’s one of the industries that gives the most back to the community, in his opinion.

Commissioner Greenfield echoed Moore’s concern about Mr. Popescu’s absence from the state.

Commissioner Moore noted that the license had recently transferred, in August 2016, and she asked why the license was being transferred again so soon. Mr. Shaulis responded, “truthfully?” Moore laughed, “yes!” Shaulis responded that the current licensee found out that it’s harder to run a bar than he thought it would be.

Violation of Rule 4.16: Illegal Conduct – October 16, 2016 – At approximately 12:04 pm, BLLC staff conducted a review of the corporate status of the entity known as “SNS Liquor Corporation.” and found that the entity was deemed “forfeited” by the State Department of Assessments and Taxation. Also at that time, staff conducted a review and determined that a 2016-2017 trader’s license had not yet been issued to the establishment.

Violation of Rule 4.20(c)(ii): Class BD7 Licensees: Open and Operating Tavern at all Times – October 18, 2016 – At approximately 3:00 pm, Inspector John Howard of the BLLC visited the location for the purposes of issuing notice to the establishment for an upcoming hearing. Upon entering the establishment, Howard observed trash, stock, and other materials on the bar. He also noticed that the bar stools were turned upside down and on top of the bar. Further investigation revealed that the hallway leading to the restrooms were filled with stock and there was cleaning equipment and buckets in the women’s restroom that made it inaccessible to the any female patron that wanted to the use the restroom area. Based on the Inspector’s observations the tavern portion of the establishment was incapable of allowing for patrons to consume beverages on-site. As the package goods area was open and operating, Inspector Howard violated the establishment for not having a non-functioning tavern.

Commissioner Moore expressed concern about the pattern and history of violations and the lack of oversight. Oh responded, “I will take a more active role as soon as the fall.” Commissioner Greenfield replied, “that’s not good enough.” He told Ms. Oh that she is not understanding the seriousness of the violations, and she has come to the commissioners without any specific plan, other than to be present in the fall. The photos from the inspector are troubling to Greenfield. The other two commissioners agreed that the violations were troubling, and Ms. Oh’s plans to fix the situation were insufficient.

Violation of Rule 4.05(b): Prohibited Hours – February 11, 2017 – At approximately 2:05 am, members of the Baltimore City Police Department – Det. Abraham Gatto and Det. L.C. Greenhill – conducted a special investigation based on anonymous information that the establishment was operating and serving alcoholic beverages during prohibited hours. While on location at the aforementioned date and time, detectives observed enter and exit the establishment. Upon making these observations Detectives entered the establishment and observed 10 to 12 patrons seated at the bar portion of the establishment and standing around the entrance. Detectives also observed seven (7) plastic cups containing mixed alcoholic beverages on the bar, which were being consumed by patrons. Detectives noted that there were also two (2) bartenders working at the time. At this time, detectives cleared the establishment of all patrons and informed the bartender on duty, Ms. Sarah English-Williams, of the violation.

Commissioner Matricciani asked Mr. Akras the difference between Rules 4.05(a) and 4.05(b). Akras responded that subsection (a) refers to a licensee permitting consumption of alcohol after hours, and subsection (b) refers to serving and/or dispensing alcohol after hours.

Violation of Alc. Bev. Art. 6-311(B)(3) Storage of Alcoholic Beverages – January 19, 2017 – At approximately 1:15 pm, members of the Field Enforcement Division of the Comptroller of Maryland, which included Agent Pyle, were conducting a routine inspections in the area of Dock Street and Randall Street in Annapolis, Maryland. While conducting inspections, Agent Pyle noticed individuals exiting the location of 132 Dock Street, t/a Armadillos Restaurant, in Annapolis, Maryland carrying cases of Bud Light beer and loading them into the back of a waiting pick-up truck. Agent Pyle observed this activity for approximately 15 minutes. After the pick-up truck was loaded, a male entered the vehicle and drove it away from the location. Agent Pyle followed the vehicle to Baltimore City from Annapolis where it parked in the alley directly behind the establishment. At that time, Agent Pyle observed individuals begin to off-load the cases of alcohol from the vehicle and into the establishment. Upon making this observation, Agent Pyle, along with other members of the Field Enforcement Division identified themselves to the individuals and conducted an inspection. As per the inspection, Agents discovered numerous cases of alcoholic beverages located within the establishment, all of which were purchased from a wholesaler by “Aramadillos Restaurant” and not the establishment. These items were seized. Further investigation by Agent Pyle revealed that the owner of “Armadillos Restaurant” purchased a number of alcoholic beverages from a wholesaler and made a verbal agreement with the licensee of the establishment to shae the products.

Agent Pyle testified that he decided to follow the truck loaded full of alcoholic beverages, because it’s very unusual to see a licensee load up his truck in that way.

The licensee testified that he used to work at the bar in Annapolis; this product was close to its expiration date, so he bought it to use at his business in order to do the Annapolis bar owner a favor. He was not aware that selling alcohol from one licensee to another within the state was illegal, but once he was caught, he applied for and received a bulk transfer permit.

Chief Inspector Fosler testified that he had received a call from a community member that this bar did not allow African Americans into the tavern portion of the building. Fosler asked Inspector John Howard, who is African American, to go to the establishment and attempt to gain entrance to the building; as the licensees admitted, Howard was turned away. Agent Howard then testified that when he entered the establishment, Mr. Boarman was waiting on some other customers in the package goods portion of the store. Howard asked Boarman if he could get into the tavern, and Boarman told Howard that they were closed, so Howard left the business and came back in a few minutes later with Inspector Fosler. At that point, Boarman let them in to the tavern, because he realized who they were. Inspector Howard did a routine inspection and found that the men’s bathroom’s water faucet was broken; he gave the business five days to get it repaired.

Mr. Rocky Brown from the Bocek Madison Eastend Community Association testified in favor of the licensees. He said that the bar has been a great asset in the community.

Commissioner Greenfield pointed out that the community allegation was confirmed by the licensee refusing service to Inspector Howard; he suggested that Mr. Boarman rethink his staffing.