What happened at the Liquor Board on August 27, 2015.

Councilman Nick Mosby submitted a letter to the Board indicating that there had been issues at this business relating to crime and trash. Shaulis said that these issues had all been addressed with Dr. Cheatham.

Dr. Marvin Cheatham, president of the Matthew A Henson Community Organization and a representative of the Alliance of Rosemont Community Organizations (ARCO), testified that he had met with the applicants and he was pleased with their proposal. He told the new commissioners that the alcohol outlet density in his community is almost double the density of the rest of the city. There are 15 liquor stores in his area. Normally, his association does oppose transfers and new licenses, but, in this particular case, they were satisfied by what they heard from the applicants. The applicants have said that they will work with the community to do some uplifting community events.

Baltimore City resident: The Baltimore City resident on this license has no pecuniary interest in the business, which may make the application deficient under Article 2B section 9-101(b).

The character witness section of the application was not filled out completely; the third character witness’s name was crossed out entirely, and there was nothing in the blank for “length of time acquainted with applicant.”

Dr. Cheatham, president of the Matthew A Henson Community Organization, testified that he had had a good discussion with the applicants and with the previous owner. The community has concerns about loitering, crime, drugs, and public alcohol consumption relating to this establishment. He’s concerned about underage drinking and sales, since there have been several recent violations at this location for sales to minors. There are several schools nearby. There is also an active drug market across the street, where the community recently did a walk with Congressman Elijah Cummings. While the community was on the walk, Congressman Cummings was approached by someone selling drugs, wanting to make a sale. Because of these conditions, it will be hard for the applicants to reduce loitering.

Chairman Neil told Cheatham that the Board will be initiating a task force for underage drinking, which will go into effect soon. They will be working with various agencies to try to alleviate the problem.

There was no floor plan submittted with the application.

The section for the character witnesses was cut off in the version sent out and posted on the Liquor Board’s website, but it seems as though one of the character witnesses is crossed out. The character witnesses that are visible on the application state that they have known the applicants “5 month” and “4 month” when the required minimum length of time is 2 years. Perhaps the application was updated after the docket was posted to make it sufficient under the law.

Mr. Steve Johnson, chair of the liquor committee of the Mount Vernon Belvdere Association, was present in support of the application. He said that the restaurant had been a wonderful asset to the community, and that the association had no objections to the request, though they would revisit the issue if and when the license is transferred to a new operator.

Commissioner Trotter expressed concern about college students and underage drinking. Mr. Han responded that there are some students in the area, particularly Peabody students, who wanted a place to perform, which is one of the main reasons why he was asking for live entertainemnt. The music will be mostly acoustic instruments with the occasional electric keyboard; there is no intent or desire for a rock band or DJ.

Docket information: The package of documents attached to the docket contains the entity information for the wrong corporate entity. (It includes an SDAT printout for “Doobyhan Underground, LLC.)

Bauer explained that the landlord for the new building will also be a licensee, because Ms. Useli is not a U.S. citizen, though Ms. Useli is the sole owner of the LLC. The lease is for five years with two five year options. The applicants have spent $60,000 so far, for a new restaurant with 81 seats, and their budget is just over $200,000.

Mr. Steve Johnson from the Mount Vernon Belvedere Association testitifed that his organization’s members overwhelmingly approved the application. They had been concerned about another Class D tavern license coming into the neighborhood, but they’re more comfortable with a downgraded beer and wine (no liquor) license.

Ms. Sandy Sparks from the Charles Village Civic Association testified that her association had had a tour of the proposed location, which, she agreed, is very small. There will be no sales of package goods. The hours will be weekdays 11am-10pm, weekends 11am-midnight. There will be more security lighting installed on the outside of the building, and CVCA will work with the applicant on signage. There will be no outdoor seating and no live entertainment.

City Councilman Carl Stokes testified that he was in support of the community’s position on this transfer.

Hurdle argued that, if his clients have to serve the full thirty day suspension, they may never be able to reopen. His clients completely understand the errors of their ways and are dedicated to correcting them. They’re hiring new staff, after terminating the entire former staff. The attorney said that this thirty day suspension would end up being a revocation, and Hurdle believes that the licensees should be given a second chance.

Chairman Neil replied that there are two problems with the request. The first problem is that the licensees are not present, which shows that they don’t care about what the Board says or thinks. The second problem is that the establishment has been closed for seven days and his Facebook page still shows DJs, dancing, and all the things that the licensees weren’t supposed to be doing. Hurdle objected to the Board taking this Facebook page into account. Neil pointed out that people are smoking hookah in the establishment, which is not allowed, in the photos on the Facebook page. Hurdle disagreed, and said that the hookah rules are “very unclear” in Baltimore City. Hurdle said that it was his mistake that his client did not appear.

Neil noted that the Board’s sound monitors had been recalibrated, so they will be taking readings in the future when there are noise complaints. Neil said that he does not intend to put people out of business, but he believes that Hurdle’s client is “thumbing his nose” at the Liquor Board. Neil suggested that the fine be doubled to $2,500 from $1,250 and his suspension could be cut in half, to 15 days.

Commissioner Hafey asked what changes the licensee has made in the last week, since the violation hearing where the suspension was assessed. Hurdle said that his client hasn’t made any changes, because he hasn’t been open. He could currently be open to serve food, since the Liquor Board doesn’t regulate anything but the sale of alcohol, but he is not.

Commissioner Trotter said that the licensee had put his own business at risk by letting another person manage it without his oversight, and the Facebook page is an indictment of the licensee’s lack of management skills. Trotter described the Facebook page as a “travesty.”

Mr. Hurdle’s reconsideration request should have been denied (and was), because he was asking the Board to do something that they could not legally do: change their minds without a good reason. The four reasons for which the agency is allowed to change its mind are: 1. fraud, 2. surprise, 3. mistake, and 4. inadvertence. Mr. Hurdle had made all of the arguments at the original hearing that he made on August 27. The Board had taken them into consideration when it made its initial decision. To come back for a reconsideration without further evidence or argument was an insufficient request for reconsideration.