What happened at the Liquor Board on November 21, 2013

Mary Sanford informed the board that the summons form was confusing; the licensees thought that the hearing would take place on another day. She added, “We pay all our taxes and our fees, for the Liquor Board. Don’t you think there should be justification for this? The form should be changed. I think that being fined again for this is foolish and uncalled for.”

The licensee testified that he has not had a problem with the Liquor Board for ten years. This year, he paid for a renewed adult entertainment license on June 15, 2013, and the license was issued on June 27, 2013. The licensee failed to pick up the license before the inspector came to the establishment (almost two months later and more than a month after the license displayed in the establishment had expired). The licensee immediately picked up the license from the Board and posted it after the inspector came in.

Chairman Fogleman read from Agent Fitzgerald’s report; Agent Fitzgerald no longer works for the Board and was not present to testify. Mr. Fitzgerald witnessed several patrons inside purchasing an alcoholic beverage at 5:50AM. Two of the customers in the store told Agent Fitzgerald that the store is always open before 6:00AM every day.

Mr. Oh replied that he does not open at 5:50AM every day. He arrives at 5:50 or 5:55AM every day, and he looks at the clock before he opens the store, but he did admit that the store was open early on May 7, 2013. Another manager was at the store that morning, who no longer works for the establishment. Mr. Oh told the Board that it will not happen again.

Baltimore City Police Detective Shelton Jones read from his report that there were video poker machines at the front of the store. A patron used the machine and received currency from the clerk, who reset the machine. Mr. Kodenski argued that there were problems with the police report: there were no names of the people involved and no reason provided as to why the machine was reset. He added, “we don’t know why the money was given over [by the clerk]. We can’t jump to the conclusion that just because an activity happened, that it’s an illegal activity.”

Abraham Hurdle, Esq. represented the licensee. Mr. Hurdle is currently, according to LinkedIn, a paralegal in the Law Office of Melvin Kodenski.

The licensee, through Mr. Hurdle, admitted the Rule 4.01(a) violation (underage drinking). The security service that was on duty at the time and the waitress involved have been fired; the licensees have gone over and updated their alcohol service policies.

Baltimore Police Detective L.C. Greenhill read from his report on the underage drinking violation, which stated that underage Baltimore Police Cadet Emily Nicer ordered and was served a “Sex on the Beach” alcoholic mixed drink on the date in question.

Regarding the environmental citation from the Fire Department for overcrowding, the licensee informed the board that the establishment did not have fire certificate at premises for only one day. They had had the inspection the day before, but the permit didn’t come in as it was supposed to (it came in the next day). Mr. Hurdle argued that the violation was a de minimis violation, that “the place was at no point unsafe.”

As to the May 3, 2013 violation, (for loud music, dancing, and live entertainment): the manager at the time has been let go. Mr. Hurdle argued that the noise that the community thought was coming from the establishment was actually coming from the M&T Bank Stadium, which is close by. The community members who were present audibly gasped and laughed at this explanation.

Mr. Hurdle went on to explain that the licensee intends to transfer the license to a new owner, because his health has been slipping. A transfer application has been submitted for this location, but it has been a challenge to work with the licensee, because he is “very sick and in Annapolis.”

Moving on to the violation regarding the live entertainment without permission, Mr. Hurdle and the licensee informed the board that the DJ was for a private party, and it won’t happen again.

According to Mr. Hurdle, the LLC was in good standing immediately after June 11, 2013, and he submitted a certificate of good standing from the State Department of Assessments and Taxation.

The licensee dismissed the community’s concerns, saying, “we get a lot of false complaints.”

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 statue, law or ordinance or against the public peace, safety, health, welfare, quiet or morals.” (Re: September 16, 2013, police observed patron engaged in a drug transaction)

Commissioner Jones asked Sergeant Davis, “what is it that you think he should have done that he didn’t do?” Sergeant Davis responded that Mr. Trintis should have been more careful in who he was hiring and he should have hired a security guard.

Mr. Trintis attempted to defend himself by pointing out that the drug dealer had conducted all of his transactions with his back to the bar area, adding, “I can’t see what he’s doing with his back to me.” Baltimore Police Detective David Kincaid responded that the dealer was undertaking transactions out of the very doorway of the bar, entering and exiting the bar area multiple times. Detective Kincaid said that these actions are consistent with street level drug activity, and it would be hard for Mr. Trintis to argue that there wasn’t knowledge of drug activity. Mr. Trintis reiterated that he “cannot see through [the drug dealer’s] clothing.” He informed the Board that the bar has been closed since the September 16 violation and that he was trying to sell the business. The bar has been in Mr. Trintis’s name as licensee for forty years and in his family’s name for sixty-two years.

Watch the YouTube video for this hearing!

Ms. Carol McCoy, on behalf of the Morrell Park Community Association, testified that the liquor licensed business has been closed for eighteen months. It used to be called “Club Reality.” She said that no one from the firms involved had approached the community. Councilman Ed Reisinger also testified that he has been a resident of Morrell Park for decades and that the establishment had had a lot of issues. Since the place closed, “it’s been peaceful.” Councilman Reisinger asked Mr. DuBose who the transfer will eventually go to, since it is currently being transferred from one attorney to another. Mr. DuBose replied that a transfer application would be put in by the eventual buyer of the property if the sale goes through.

In closing, Mr. DuBose argued to the Board that the secured creditor, Mr. Rhoad, does have an economic interest in the license. The building will be much more difficult to transfer in the upcoming closing without the license.

Section 10-504 states, in relevant part, that “180 days after the holder of any license … has closed the business or ceased active alcoholic beverages business operations of the business for which the license is held, the license shall expire unless … a written request for a hardship extension, as provided in this subsection, is filed within the 180-day period.”