What happened at the Liquor Board on October 16, 2014.

Mr. Kodenski told the Board that the establishment has existed approximately one year. The applicants have met with the community groups. He submitted a floor plan, menu, capital investment breakdown, and letters of support.

Commissioner Moore asked for one of the applicants to confirm that he resides or owns property within Baltimore City limits. Mr. Santos Hernandez testified that he lives in Baltimore City.

There was a lengthy discussion of the proposed capital investment breakdown for this project. Mr. Smith is contributing $600,000 to the new restaurants, and the landlord is contributing $275,000. In total, Mr. Smith testified that the project will end up costing around $1.5 million. Chairman Ward quipped, “you’re going to have to sell a lot of oysters.” The applicant has not even begun construction on the project yet, but Commissioner Moore said that the Board will require proof of actual payment of funds for the project before they can receive their license.

The attorneys for the applicant submitted a letter of support from the Harbor East Management Group in support of the application and proffered that the daily food receipts for both restaurants will be over the 51% minimum. They submitted floor plans, showing a minimum 125 seats. Mr. Smith has worked on other Baltimore-area restaurants including Ouzo Bay and Harbor East Deli.

Commissioner Moore pointed out that the letters of support were not from the residents of the community; rather, they were from commercial developers nearby and the landlord for the property. Mr. Smith replied that Harbor East doesn’t have a community association. Commissioner Moore doubted Mr. Smith’s assertion, since Harbor East is very densely inhabited. Mr. Smith said that Harbor East has 175 condominium units, but the majority of people staying in Harbor East are in its over 1,500 hotel rooms. The owner of the Four Seasons Hotel, then, submitted a letter of support for the restaurants, because they will support the hotel. The restaurants are not in the bottom of a residential building. Commissioner Moore replied, “so they’re speaking in their self-interest.”

Chairman Ward stated that the Board approved the transfer on November 7, 2013. The transfer was not completed within 180 days, as required by Article 2B section 10-503, so a hearing was scheduled on August 21, 2014. The hearing was postponed at the licensee’s request, due to an unnamed “family emergency.” Ward said that the license has expired under the statute.

Two community leaders then testified in opposition to the project. Ms. Arlene Fisher, President of the Lafayette Square community association and Chairperson of the Harlem Park housing committee stated her strong opposition to the establishment. According to Ms. Fisher, it is located on a block with only one structure, which used to be a residential building. Most of the houses in the area are vacant. Harlem Park is a historical community, part of Baltimore’s urban renewal history. As part of urban renewal, there are not supposed to be any more liquor stores in the area. There are already three nearby. She noted that the community has been helping to encourage Red Line development and other developers to invest in the area, and “this would defnitely be a negative.” Chairman Ward asked Ms. Fisher whether she wants the license dead, and she replied, “dead is good.” Nothing has happened with the project, she said. It is still a vacant building, and there is no parking unless you park in front of the residents’ houses. Dr. Marvin Cheatham, president of the Matthew A Hensen Neighborhood Association and also representing the Alliance of Rosemont Community Organizations (ARCO), told the Board that the licensee is in violation of the 180-day rule. The licensee has done nothing with the property since November 2013, and the community is opposed to new liquor establishments. He said, “we ask and plead that you shut this thing down.”

Mr. Pica explained that his clients have signed a lease with a new restaurant, called La Tulteca, which would be the tenth restaurant owned by the same company. Mr. David Carrillo testified that the new restaurant will be a family-style, sit-down Mexican restaurant. They would like to be able to serve beverages like margaritas or beer to accompany the food on the menu.

Executive Secretary Michelle Bailey-Hedgepeth noted that the file contained an objection to the hardship extension request from a community organization. The letter stated that there have been five establishments at the location within a short period of time and that the owner needs to work with the community more. Chairman Ward replied that the concerns in the letter are not relevant at this time, for a hardship extension request; he said that the community group could raise those issues at a transfer hearing to the La Tulteca owners, which should be scheduled shortly.

Violation of Rule 3.02 Cooperation ‐ “Licensees shall cooperate with representative of the Board, members of the Police Department, Health Department, Building Engineer’s office, Grand Jury and representatives of other governmental agencies whenever any such persons are on official business.” — September 21, 2014 — Manager contradicted statement from bouncer and tried to conceal the fight started in the establishment.

When the case was re-called, Liquor Board Inspector Mark Fosler testified that he and Inspector Michael Hyde went to the establishment on Friday, September 19, 2014, in response to concerns raised by Coldstream Homestead Montebello Community Corporation (CHMCC) executive director Mark Washington and Councilwoman Clarke. The inspectors observed that the packaged goods portion of the BD-7 tavern was operating. They entered the establishment noticed that the lights were out in tavern portion of the building. The required three-compartment sink was not in use. Seven minutes later, Mr. Calvin Mims, the manager, arrived. The inspectors explained to Mr. Mims that the law requires that they keep the tavern section of the establishment open whenever the packaged goods section is open. Mr. Mims replied that they would open the tavern section if the customers wanted to use it; since he lives right across the street, he can come and open it whenever someone wants to be there. Inspector Fosler concluded his report by saying that there is a rat infestation in that block, but that he can’t blame it specifically on the establishment.

Councilwoman Clarke then testified that she is one of the complainants that asked for an inspection. She doesn’t know the current owner, but she does drive by very frequently and sees people hanging around it. She told the Board that she was part of the effort to require that taverns operate as taverns, so that people don’t stand out on the street, drinking. She said that if the store doesn’t operate as a tavern, they should get a Class A package goods license. South of the establishment, in the 1700 block of Abbotston, is a fairly new housing development, with responsible property owners. North of the establishment, in the 1500 block of Abbotston, there are some vacant houses, but there are also responsible renters and homeowners there. The 1600 block, in which this “tavern” is located, is the troublesome block. Chairman Ward asked whether Councilwoman Clarke had ever talked to Mr. Mims; she responded that she had not.

Mr. Lamont Cosby, also a manager of the business, testified next. He asked, “why hasn’t anybody ever came to the establishment to express any concerns with the establishment?” Chairman Ward told Cosby that Councilwoman Clarke “doesn’t have to apologize for not coming to your bar to complain. She’s a city councilmember of the whole district.” Mr. Cosby continued with his testimony, saying that there is one house in the block with twenty “terrible” peopel living there. Councilwoman Clarke replied that she knows which house he means, and she “will address [herself] to that house.” Mr. Cosby also mentioned that their sink isn’t working because they stopped using glasses and now serve only in plastic cups. He said that “the back of that tavern probably looks better than ninety percent of the taverns in the city.”

Mr. Mark Washington testified next, as executive director of CHMCC. He said that the complaint came from the family of a murder victim, who was exiting the bar and stabbed on his way home. He added that the home with twenty people to which Mr. Cosby referred is well known to him and Councilwoman Clarke. Washington told the Board that, in the 1500 block of Abbotston Street, of the 32 houses that could be occupied, only six are. The area is so empty that CHMCC has started to work with the City to demolish the block. Mr. Washington said, “in order to have a neighborhood tavern, there must be a stable neighborhood.” He added that “the bar owner has to understand that, in the broad context, we don’t see a future for that bar in the area.” They are working with the City’s Department of Housing and Community Development to relocate the remaining residents so that the block can be demolished. Washington then mentioned a lawsuit against one particular vacant property owner, Scott Wizig, “that [Commissioner Moore] is aware of.” Washington added that the bar is relatively clean but that there are murders, stabbings, and fights nearby, which are a direct effect from the patrons of the bar. He said that the bar attracts “an element from outside of the community.”

Chairman Ward said to Mr. Washington, “I can appreciate the overview that you’re giving us, but there’s only one issue: has he conducted his tavern in accordance with the law? That’s the only thing before us today. There’s no other issue. So what punishment are you recommending?” Washington did not respond with a suggested punishment, but he noted that the reason that there haven’t been complaints is that there is an 80% vacancy rate, so there is no one to call and complain. Ward noted that community organizations very rarely exist in neighborhoods with such high vacancy rates.

Mr. Cosby then said that the liquor store employees try to do their best to uplift the neighborhood. He admitted, “it’s a bad area” but he said that the store shouldn’t be punished because of the vacancy. Chairman Ward replied, “we’re not punishing you for the neighborhood.” Ward explained that they’re being held responsible for the charge that they did not obey the law and keep the tavern portion of the business open. Mr. Cosby said that someone is always there to open the tavern portion, and “you can get in the back.” Chairman Ward told Mr. Cosby that he can’t just open the bar sometimes. If a person walks in, “he ought to be able to go right into the bar… the door has to be open and available for customers and you have to have somebody back there.”

Councilwoman Clarke then told Mr. Cosby that the reason that his establishment is able to be open seven days a week is because he has a tavern license. She said, “a lot of people fought really hard to make that distinctio, so that if something’s going to be open in the neighborhood on a Sunday, it’s not just a package goods store. That’s why it’s open 7 days a week. If you can’t handle it, and you have to have people standing outside holding their drinks, trade your license in for a 6-day. For 7 days, you have to have that tavern. It’s got to be a place where neighborhood people can come.”

The commissioner asked why the licensee was not present (Mr. Mims and Mr. Cosby are managers, not owners or licensees). They explained that the licensee is in Florida, visiting her daughter. The commissioners did not like this explanation. Councilwoman Clarke said that the managers present were defending the licensee’s license, and she should have asked for a postponement if she knew she was going to be out of town.

Mr. Cosby then asked the Board whether he would be allowed to put an age limit on who he lets inside, for example, “30 and over”? The commissioners replied that he could not do that, and Commissioner Moore said, “you really need to learn the laws.”

Inspector Wright came back to the establishment another time with Inspector Howard and was allowed back into the bar area. The bartender was working both behind the bar and in the front package goods section of the store.

Three licensees were present for the hearing. Mr. Chang Park said that normally the door to the bar area is open. Inspector Howard told Mr. Park that the reason that he was put on the BD-7 list is that, in June, Inspector Jeff Ray went to the establishment and was denied entry to the bar. Mr. Songwoo Kang explained that there are new owners of the bar, as of August 12. They are in the process of an ownership transfer. Kang said that they are “always open” but that their TV wasn’t working when the inspectors came in. Kang said that he told the inspectors that they could come into the bar but that they couldn’t watch TV. Commissioner Moore asked Kang why the inspectors would have to ask in order to get into the bar. Kang replied that he cannot have the door open all the time; it is usually locked, but they can “buzz” the patrons into the back if they ask.

Dr. Marvin Cheatham, from the Matthew A Hensen Organization and on behalf of the Alliance of Rosemont Community Organizations (ARCO), then testified about his interactions with the licensees. He told the Board that the licensees always pretend as though they don’t understand English when community members try to talk to them about their store. Cheatham said that his organizations have real concerns with this establishment. The bar is not continuously open; it is locked, and people have to ask to be buzzed in. There is continuous loitering in front. Cheatham said that, just the previous week, someone was stabbed to death a few feet away from the establishment. He expressed frustration that the licensees refuse to communicate with the community and that he felt that the licensees were lying to the Board. Cheatham said, “we have some bar owners that think they can do what they want to do, and catch me if you can.” He asked the licensees, “why are you in business if you don’t understand us?” He reiterated that his community groups want to work with the licensees, but they are finding it difficult. There is a loitering issue from Fulton and North Streets all the way to Pennsylvania Avenue. It’s not totally a liquor issue, but it’s a liquor and serious drug issue. Ward asked Mr. Cheatham what he wants the Board to do, and Mr. Cheatham said that the Board should “shut them down for two or three days.”

Commissioner Moore said that she feels strongly that the licensees need to do more to work with the community and all of the surrounding community organizations. She was very disturbed by the report of the stabbing nearby. She told the licensees, “you as the owners have the power to do something more than nothing. Businesses should be something that happens for and with the community, not that happens to the community.”