What happened at the Liquor Board on September 19, 2013.

The Canton Community Association submitted a letter in support of the application. According to the licensees, 20% of its employees are from Canton and 90% are Baltimore City residents. In response to questioning by Commissioner Smith, the applicant stated that preference would be given to City residents.

Chairman Fogleman then double-checked the three character witnesses against the report from the Board of Elections and the Board staff’s SDAT real property search.

The licensees admitted the violation and told the Board that the bartender who sold the beer to the cadet had been fired and that they take underage drinking seriously.

Robbin Haas appeared on behalf of the licensee, David Kolper. He explained that Birroteca is a “brand new restaurant,” that the bartender who served the cadet is no longer employed there, and that Birroteca has introduced a new policy of carding every patron who looks under the age of 35.

Chairman Fogleman pointed out that same licensee, David Kolper, had been found guilty in 2010 for multiple counts of violation of Rule 4.18, which states in relevant part that “[n]o licensee shall commit or allow the commission on his premises of any act which shall be contrary to any federal, state, or local statute…” The statute which the licensee allowed to be violated in this case was Maryland State Code Article 2B §12-108(d), which prohibits the licensee from permitting consumption or possession by underage people.

Mr. Haas testified that Birroteca is “a brand new business” and that the former owners have since left the business. Chairman Fogleman responded that David Kolper is still the named licensee and that Birroteca is still operating under the same license as they were in 2010.

Mr. Kodenski pointed out that the 2010 violation was of Rule 4.18, while the violation before the Board that day was of Rule 4.01. Both violations, however, had to do with the same activity, which was serving alcohol to minors.

Mr. Kodenski made a number of hearsay objections to the detective’s report, since Mr. Owens was not present at the hearing to testify. Mr. Kodenski also objected that the police did not get a copy of the tab and that no one tested the glass (it was unclear what Mr. Kodenski wanted the glass to be tested for).

The Board received a photograph of Mr. Owens with the shot of tequila into evidence, over Mr. Kodenski’s objection.

Baltimore City Police Detective Greenhill read from his report that underage informant Dejuan Lamar Owens purchased six-pack of Steel Reserve beer and was not asked for identification by the person who sold it to him.

Baltimore City Police Detective Jones read from the police report, written by Detective Greenhill: underage police cadet Emily Nicer paid for and was served a Coors Lite beer with a marked $20 bill.

Mr. Prevas, the licensee’s attorney stated that the person who served Ms. Nicer was a new bartender, who is no longer employed at All Stars.

The Board noted that the licensee had been found guilty of one prior violation in June 2012, of being open at 2:45am, which is after hours. This is Ms. Kafouros’s first violation regarding serving alcohol to minors.

The Baltimore City Police Detective read from his report that underage police informant Dejuan Lamar Owens purchased a shot of Patron tequila and started a tab with a marked $20 bill.

Baltimore City Police Detective Greenhill read his police report: underage police informant Dejuan Owens purchased a 16oz bottle of Corona beer and was not asked for identification.

The Board granted Mr. Durocher a postponement, over Mr. Kodenski’s protest that it was a violation of the licensee’s due process rights and “an outrage.”

Baltimore City Police Detective Jones read from the police report that underage cadet Emily Nicer purchased a 12oz Coors Lite beer with a marked $20 bill.

Mr. Kodenski stated that the security person who was working at the bar that night and was supposed to be checking identification was fired and that it was an isolated incident.

Rule 4.01(a) Baltimore City Police Detective Jones read from the report. Underage police cadet Emily Nicer purchased an alcoholic beverage and was not asked for identification. 

Rule 4.18. Patrons dancing: Baltimore City Police Lieutenant Colburn testified that, in early May 2013, Lieutenant Colburn had arrived at the establishment and had seen a DJ performing and couples dancing on a dance floor. When he informed the licensee that his license did not include live entertainment, the licensee had responded that he knew that the tavern was in violation of the license but that “he was going to do what he was going to do to make money.” On May 25, 2013, at 11:35pm, Lieutenant Colburn returned to the establishment, where he heard loud music coming from the rear of the establishment, without a DJ this time, and saw couples dancing on a dance floor.

4.18 Health code violations: Baltimore City Police Detective Greenhill read from a report, dated June 14, 2013, that a health inspector found twenty-five health code violations at the establishment, including: a lack of soap and paper towels behind the bar and in restrooms, a heavy fly infestation, a live dog in a storage area, trash stored improperly, dirty and foul-smelling restrooms, staff drinking behind bar, a rear area being used as living quarters, and patrons smoking hookah pipes. The bar was shut down for excessive liquor and health code violations. When the police came back to the bar, however, it was illegally reopened.

Rule 5.03 (BD7 regulations): The licensee’s trading license had expired. Also, the package goods area of the establishment was closed, but the tavern portion was open. The bar was not set up structurally in the way that Rule 5.03 requires.

Rule 3.03 (employment records): According to Detective Greenhill’s report, there were around nine Hispanic female workers behind the bar, for whom the licensee had no employment records. The licensee claimed that these women were “club promoters,” not employees.

The licensee’s attorney, Mr. Boozer, explained that Mr. Singh is 23 years old and the single youngest licensee of a liquor establishment in Baltimore City. The licensee’s father owns well-respected liquor establishment in Baltimore County. Mr. Singh didn’t have a lot of mentoring. He didn’t read the BLLC rules and regulations, but most people don’t. He didn’t understand that a DJ and a jukebox are considered “live entertainment.” Since the events set out above, Mr. Singh has had some mentoring and has improved the place. He’s taken away the DJ and the jukebox. Mr. Boozer reminded the Board that Mr. Singh’s license transfer application hearing was very controversial and pointed out that there were no community members present at the hearing that day, which shows that he has a good relationship with the community and spoke volumes about how they felt about this establishment. [The Board did not point out to Mr. Boozer that community members and associations are not allowed to testify at rule violation hearings.] Mr. Boozer stated that his client is a first time offender, who tried to do his best, and that his best wasn’t enough, which translated into health code problems. He concluded that his client’s transgressions were “not outrageous.”

Mr. Boozer continued, that “as to health code violations, [he] can think of a few places that have twenty five health code violations. He’s fixed all these things and wants to move on. He needs guidance.” He added, “[i]f you put me in a bar tomorrow, I’m probably not going to do so well.” Mr. Boozer pointed out that Mr. Singh has created a new system in which the store’s system prompts the employees to check patrons’ identification at the cash register.

Chairman Fogleman spoke about the picture that the officers have painted of the establishment, with nine female servers for whom there were no employment records and fewer than ten customers. Mr. Boozer translated for his client that the Chairman was suggesting that the women “were there for immoral purposes.” Mr. Singh vehemently denied the suggestion, stating that these women had families and some of them were married.

Baltimore City Police Detective Greenhill read from his report that underage police cadet Ms. Nicer purchased a Miller Lite and paid with a marked $20.

Mr. Maslan, the licensee’s attorney, told the Board that the 19-year-old cadet “was dressed up very attractively that evening,” which caused the bartender to believe her to be thirty years old. In response to the incident, the manager has changed the establishment’s policy to ask for identification from anyone under thirty-five as a result of this incident. Mr. Maslan added, “thirty-five doesn’t look the way it used to.”

Baltimore City Police Detective Shelton Jones read from the police report that underage cadet Emily Nicer purchased 12oz bottle of Coors Lite beer with a marked $20 bill.

Baltimore City Police Detective Jones read from the police report that underage cadet Emily Nicer purchased a Coors Lite with a marked $20 bill.

Baltimore City Police Detective Jones read from the police report that underage police cadet Emily Nicer ordered a Coors Lite beer from Joseph Hollander, the Greene Turtle bartender on staff.

Mr. Prevas, the licensee’s attorney, first moved to dismiss because the events happened on July 16, not July 17 as charged (The police detective wrote his report of the event in the early morning hours of July 17.). The Board denied the motion.

Mr. Prevas then asked the cadet a series of questions about where she sat and whether she put down a credit card or started a tab. Ms. Nicer testified that she had started a tab but hadn’t given any money to Mr. Hollander.

Mr. Hollander testified that the bar was very busy, because of an event called “Theology on Tap” as well as the All Star game and a USA soccer game. He said that he did not finish the transaction with Ms. Nicer, because she did not pay for the beer. He testified that Ms. Nicer’s head was down and that she was texting. He also said that he placed the beer to the side of Ms. Nicer, not right in front of her.

Commissioner Smith: (1) There was no sale, since no money exchanged hands. (2) The beer wasn’t placed directly in front of Ms. Nicer.

Baltimore City Police Detective Greenhill read from the report that Ms. Emily Nicer purchased a Coors Lite with a marked $20.