What happened at the Liquor Board on October 15, 2015.

Insufficient Application: According to the information provided in the application, Elizabeth Porter is not an officer of the corporation. This means that she is not eligible to be a licensee, under Article 2B section 9-101(b).

Commissioner Jones asked whether the two businesses will be in two separate buildings or whether there is a way to pass between them. Mr. Yoo replied that there is currently a doorway between, but that will be closed before the businesses separate. Jones reminded the applicant to get a permit to do his construction work.

Chairman Neil, reading the MOU, asked Mr. Yoo whether he drew up the document. Yoo replied that he did. Neil underlined something in the document, then passed it to Yoo and said, “see those things underlined? I want you to discuss it with your client.” Mr. Yoo looked at the document for a while and did not respond. Neil clarified that in one part of the document, a conflict between the signatories calls for a hearing, and in another part it calls for a conference. “It’s duplicitous [sic],” said Neil.

Commissioner Hafey pointed out that the corporate entity is not in good standing. Kodenski replied that his clients had originally filed their application in November of 2014 and had since fallen out of good standing with the State Department of Assessments and Taxation. The attorney said that his clients plan to open in the next two months. There were no letters submitted from any community organization or the Downtown Partnership.

Neither Mr. Shittu nor Mr. Nwaeze answered the question on the application form about whether they had been found guilty of gambling laws. Mr. Shittu, the Baltimore City resident, does not have any financial interest in the business.

The building has been rezoned to B-1, which permits restaurants but not taverns. The BMZA has given permission for the building to be conditionally used for a restaurant but restricted its food service hours to end at 10:00pm Monday-Thursday. Friday through Sunday, food service ends at 1:00am. Mr. Woolman explained that it was his interpretation that food service would end at 10:00pm on those days, but alcohol service would continue. Woolman said that there is significant competition for business in the Harbor East area, so his clients would go out of business if they had to completely close at 10:00pm. Young professionals live in that neighborhood, and they eat late.

Ms. Deborah Tempura testified, as an owner of properties in the area, that she understood the decision of the BMZA to be that everything shuts down at 10:00pm. She thought that the concept was wonderful as a cafe, but she is concerned about a “megabar” inside the building, which is large and a former warehouse. She believed that, for a restaurant, alcohol goes with food. The business is not supposed to be a bar, serving alcohol without food. She expressed concern that the emphasis on the bike shop element was decreasing. Her main problem, however, was the inconsistent description of the business over time.

Mr. Dalit Singh also expressed concern that the business had morphed from a bicycle cafe that also sold alcohol to a bar that has an adjunct bike cafe. He agreed with Tempura that alcohol sales should stop when food sales stop, in a real restaurant.

Three Douglass Place Neighborhood Association members testified in favor of the plan. Michael Wright, president of the group, testified that all of his members voted in favor of the proposal. Mr. Seth Barkman also testified in support of a new business in a vacant area. Mr. Jorge Maciel agreed, as a “fit health nut” that the bike cafe was a good idea.

Mr. Hurdle noted that there is an error in the application, which was due to an oversight on Hurdle’s part, he said. The original application had stated that the applicants had no violations on their record, but Mr. Hurdle’s followup letter says that his clients were cited in 2014 for sales of alcohol to a minor and in 2008 “on two occasions” about which Hurdle did not provide any details.

Ms. Joanne Masopust, president of the Fells Point Community Organization, testified that her group had voted to support the transfer at their regular membership meeting on October 13, contingent upon the applicants’ signing an agreed-upon MOU. Masopust said that neither side was entirely happy with the agreement, but that’s how it goes sometimes. She noted that some of the signatures submitted by Mr. Hurdle in support of his clients were illegible, some had no address associated with them, and some were from outside of Baltimore city. Masopust noted that when she gathers signatures for petitions, she always makes sure that people print their names legibly, sign their names, and include an address within a certain radius of the proposed establishment. She opined that people who don’t live in the area really shouldn’t weigh in on the public health, safety and welfare of a community. Masopust stressed that the licensees have agreed to add the conditions of the MOU as conditions on their license and asked the Board to take note of it.

Chairman Neil asked whether there would be security cameras. Hurdle responded that there would be, both inside and outside, which would be stored for 30 days and be made available to the police department.

Violation of Adult Entertainment Rule 9: Codes Compliance -August 8, 2015- Starting at approximately 9:30 PM, members of the Baltimore City Police Department’s Vice Squad conducted an undercover investigation at the establishment At approximately 11:30 PM, Det. Gatto, of the Vice Squad, made contact with an individual later identified as Ms.Shadyrra Jacobs who was a dancer at the establishment. Det. Gatto initiated a conversation with Ms.Jacobs who stated that she would have sexual intercourse with Det. Gatto for $600 outside of the establishment or for $300 if he preferred to have sexual intercourse inside of the establishment.

Violation of Rule 4.17(a): Sexual Practices and Obscenity -August 8, 2015- Starting at approximately 9:30PM, members ofthe Baltimore City Police Department’s Vice Squad conducted an undercover investigation at the establishment. At approximately 11:30 PM, Det. Garrett, of the Vice Squad, entered the establishment and later made contact with an individual later identified as Ms. Cabrina Robinson who was a dancer at the establishment Det. Garrett initiated a conversation with Ms.Jacobs who stated that she would have sexual intercourse with Det. Garrett in the stage area for $200.

Violation of Adult Entertainment: Rule 9 Codes Compliance – August 8, 2015- Starting at approximately 9:30 PM, members of the Baltimore City Police Department’s Vice Squad conducted an undercover investigation at the establishment. At approximately 11:30 PM, Det. Garrett, of the Vice Squad, entered the establishment and later made contact with an individual later identified as Ms. Cabrina Robinson who was a dancer at the establishment Det. Garrett initiated a conversation with Ms. Jacobs who stated that she would have sexual intercourse with Det. Garrett in the stage area for $200.