What happened at the Liquor Board on May 14, 2015.

The transferor, Mr. Mason, was not present at the hearing, because he has moved to Delaware. Chairman Ward interrupted the hearing to say that Mr. Mason is required to be present and to fine him $250 for failure to appear. Ward mused that it was probably worth it to Mr. Mason not to come down to Baltimore for $250.

Commissioner Moore asked whether the bar has been open continuously; Fogleman replied that on December 13, 2014, the bar closed for 45 days but has reopened two or three times over the last few months to keep their license alive under Article 2B section 10-504(d).

Violation of Rule 4.18: Illegal Conduct – February 24, 2015 – At approximately 12:02 am the Baltimore Police Department responded to the establishment known as “Five Seasons,” which is located at 828-830 Guilford Avenue, for a report of an aggravated assault. When the officer arrived at the scene he found a victim lying by the bar that appeared bloodied and injured. The police officer was able to obtain the victim’s identification. The victim stated that he had gotten into a physical altercation with another patron at the bar and was stabbed during the altercation. When medical personnel arrived at the scene they removed the victim’s shirt and the officer observed two puncture wounds to the victim’s back and a laceration in the back of the victim’s head. Medical personnel transported the victim to Johns Hopkins Hospital where he was pronounced dead at approximately 1:17am.

Violation of Rule 3.02: Cooperation – February 24, 2015 – At approximately 12:02 am the Baltimore Police Department responded to the establishment known as “Five Seasons,” which is located at 828-830 Guilford Avenue, for a report of an aggravated assault. When the officer arrived at the scene he found a victim lying by the bar that appeared bloodied and injured. After surveying the scene, the police officer determined this was a serious incident and that the District Detective Unit should be contacted to investigate this matter. As per protocol, the officer began to secure the scene so as to maintain evidence. At this time the licensee and the licensee’s son started cleaning the crime scene and tainting evidence. At this time the officer told the licensee and his son to cease and desist, but they continued. The officer had to tell the licensee and his son several times to stop cleaning the crime scene before they stopped.

Mr. Belay, without legal representation, testified that he was at the premises on the night in question. He didn’t see the whole event, because he was in the kitchen. At some point, there were seven men fighting each other in the men’s bathroom, including the victim. Security personnel broke up the fight, but the fight started again between three or four of the seven people. Belay said that he was cleaning up because it was his routine; he neer intended to destroy evidence. Belay told the Commissioners, “I am a victim myself.” He said that he has lost business since the incident, since people are scared to come. The licensee said that he has two security officers, which he hires through an independent company. He did not know whether they were licensed and bonded. The security cameras at the building are not hooked up and had not been working for about eight months before the incident.

Belay tried to cross-examine Officer Deremer about Deremer’s knowledge of crime scene processing, but the Chairman said that the line of questioning was irrelevant. Officer Deremer testified that there were ten to twelve officers at the scene and that they maintained a crime scene log. They put up caution tape outside of the bar to keep people from coming inside, but it’s not common practice to cordon off interior areas.

Under questioning from the commissioners, Belay said that he had not really had any issues with fights. Belay said that the security, in this instance, did an “excellent job.” Commissioner Jones was surprised to hear Belay say that the guards did an excellent job, since a homicide occurred inside the bar. Belay said that he doesn’t have problems with fights at his establishment, normally. Officer Deremer replied that he has responded to the club for a safety issue many times, more than 10 in the last year and a half that he can think of. The establishment has a serious problem with fights, both inside and in the parking lot, espcially at closing time, according to the officer. The police assign ten to fifteen officers to close down the club safely. Belay disagreed and said that they may have fights in a neighboring establishment next door.

Violation of Rule 3.02: Cooperation – March 12, 2015 – At approximately 8:45pm, Baltimore City Police executed a Search and Seizure Warrant at the establishment “Stadium Lounge” located at 3351-53 Greenmount Avenue in Baltimore City. In executing the search warrant Baltimore City Police Officers seized (5) Video Slot Machine Motherboards; and (5) Video Slot Machine CPUs; and (5) Video Slot Machine Power Switches; and (4) Payout Slips; and (1) Gray Bank of America Money Bag; and U.S. Currency totaling in the amount of $7867.00. The Search and Seizure warrant was based on probable cause established by Detective Akinwande when he made direct undercover observations on February 26, 2015 from approximately 6pm to 11pm of at least two patrons receiving payouts for gambling on video machines located at the Stadium Lounge. Upon executing the search warrant the Baltimore Police were able to identify the licensee, Domingo Kim, on the premises and attempting to hide potential proceeds of gambling revenues in his personal vehicle.

Violation of Rule 4.18: Illegal Conduct – March 12, 2015 – At approximately 8:45pm, Baltimore City Police executed a Search and Seizure Warrant at the establishment “Stadium Lounge” located at 3351-53 Greenmount Avenue in Baltimore City. In executing the search warrant Baltimore City Police Officers seized (5) Video Slot Machine Motherboards; and (5) Video Slot Machine CPUs; and (5) Video Slot Machine Power Switches; and (4) Payout Slips; and (1) Gray Bank of America Money Bag; and U.S. Currency totaling in the amount of $7867.00. The Search and Seizure warrant was based on probable cause established by Detective Akinwande when he made direct undercover observations on February 26, 2015 from approximately 6pm to 11pm of at least two patrons receiving payouts for gambling on video machines located at the Stadium Lounge. Upon executing the search warrant the Baltimore Police were able to identify the licensee, Domingo Kim, on the premises and attempting to hide potential proceeds of gambling revenues in his personal vehicle.

Mr. Thomas Akras, Deputy Executive Secretary of the Liquor Board, then read the facts of the incident into the record on the three admitted charges. The Board found Mr. Kim responsible and then moved on to the punishment phase of the hearing.

Detective Abraham Gatto testified that it took a week of undercover investigation from the Vice Unit to create their case, and that he has seen a constant flood of papers on his desk complaining about this bar. Detective LC Greenhill agreed with Gatto. He has been in the Vice Unit since 2003 and has received many complaints about underage drinking, excessive noise, and illegal gambling. Mr. Timothy Criss, resident of Guilford and attorney for the Guilford Association, stated that it was clear from Mr. Kim’s admitted behavior (trying to hide money in his car) that these were not negligent acts or omissions; rather, they were intentional actions. Criss said that the community cannot trust Mr. Kim and asked for the revocation of the license. Councilwoman Mary Pat Clarke testified that she receives complaints constantly, including loitering, noise, illegal gambling and other issues. The bar distracts the officers from other issues; patrons bother passersby from nearby schools and the library. Neighbors were too intimidated to submit a protest of renewal this spring. Neighbor Mary Bond testified that she lives across the street and complained specifically about public urination, loitering and other nuisance behavior by Stadium Lounge patrons. Sonia Merchant-Jones, from the Better Waverly Community Organization said that the bar is unkept and full of trash. She said that she has lived in the neighborhood for over fifty years and she wants the children who grow up there to have the same wonderful memories that she had. Mark Counselman, former President of the Oakenshawe Improvement Association, testified that he is a member of the Brentwood Avenue Orchard, directly across Greenmount from Stadium Lounge; there are thousands of bottles and other trash that ends up on the street as well as drunk people and public urination. Similar testimony was given by Regina Boyce, board chair of Waverly Main Street, Emily Drasher, Executive Director of Waverly Main Street, Matt Metzger, a nearby neighbor, Ira Kowler of Greater Homewood Community Corporation, and a community relations police officer from the district.

Mr. Boozer, in mitigation, told the Board that the $7,800 was the total of all money taken from the establishment, not the money that was involved in illegal gambling. Mr. Kim has owned the business for eight years and is part of the community. Boozer said that Stadium Lounge is a Baltimore tradition and promised that his client would work with the community on a written Memorandum of Understanding, saying, of the community members present, “they’re actually very very nice people.”