What happened at the Liquor Board on October 22, 2015.

The Canton Community Association declined to meet with the new applicants or take a position on the transfer.

Mr. Kerschbaumer stated that, as soon as he receives BLLC approval to transfer the ownership, he will get a mortgage and loan and rehab the inside of the property. Kerschbaumer testified that he has owned several bars and restaurants in Washington DC and is quite familiar with the business.

The licensees are not asking to add live entertainment and outdoor table service, since they already received authorization for those items in 2010. But they are asking that those privileges transfer along with the ownership of the license to the new owners.

The attorney explained that, when the license was originally issued in 2004, the Liquor Board did not regulate outdoor table service and live entertainment separately from the license. The Science Center has always had outdoor tables and live entertainment, so they’re not looking to “add” it, but the law requires that the Board specifically approve those privileges. She also explained the ownership of the license: the two licensees own 50% each of the Class B ownership; a parent company owns 100% of the Class A ownership.

The applicants have owned Pratt Street Ale House, with locations in Howard and Anne Arundel Counties as well as Baltimore City. There will be no take-out liquor, but they may sell craft six packs and growlers of beer. Their food percentages at their other restaurants tend to run in excess of 60%, said Hurdle.

Commissioner Hafey asked whether the applicants will need a security plan for such a large space. Hurdle responded that the restaurant is on “The Avenue,” which is “not a dicey neighborhood” so the applicants won’t need much security, except on an as-needed basis. They will have valet parking and a plan to deal with trash.

Violation of Rule 4.18 Illegal Conduct: July 7, 2015- At approximately 9:00 pm, Baltimore City Police executed a Search and Seizure Warrant at the establishment In executing the search warrant Baltimore City Police Officers identified three (3) video poker machines that were the target of an undercover investigation. Prior to july 7, 2015, Baltimore Police directly observed payouts being made from the poker machines, which served as the basis for the search warrant. Recovered through the execution of the search warrant were three (3) Toggle Switches, three (3) Power Packs, and three (3) Memory Boards – all of which were recovered from each of the three (3) video poker machines. In addition, Baltimore Police recovered one payout slip with an employee’s name of”Shelly,” later confirmed as Shelly Dunn, and $1,373.00 in U.S. Currency.

Baltimore City Police Detective Abraham Gatto, member of the Vice Unit of the police department, then testified about the matter. He explained to the commissioners that he believed this violation was due to a “rogue employee.” Gatto went inside, undercover, and watched people playing the poker machines. In Maryland, it is illegal to pay out money for points won on a poker machine; instead, people are just supposed to play the machines for fun. One customer accrued some points on the machine, got the attention of the bartender, drew her over and showed her the points he had accrued. She went to the cash register, removed currency and paid the customer. Gatto explained that usually the people involved in these deals are more secretive, but, in this case, it was easy to see what happened. The licensee was not present at the time, but Gatto testified that he had dealt with Cabrera in the past and he has always been a very coooperative person. Gatto was not at the bar on assignment or following up on a complaint; he just happened to be there to watch the Orioles.

Under questioning from the commissioners, Mr. Boozer told them that his client owns his own poker machines, which have since been removed. Boozer also said that, in this case, the employee was able to manually reset the machine with an illegal toggle switch, which wiped out previous information stored in the machine. The bartender’s employment was terminated. Criminal charges were filed, but the charges were placed on the stet docket, after Mr. Cabrera forfeited the video poker machines and the money in them. The machines are worth $2,500-$3,000 each, and the police also retrieved $1,373. Boozer concluded that Mr. Cabrera will not replace the poker machines, and he is actively looking for a buyer for his business.

Commissioner Trotter noted that the licensee has already lost about $10,000 from this incident and suggested a $500 fine. Commissioner Jones disagreed and said that the fine should be higher, since he has had a prior violation within two years. Jones said that the community deserves better from Mr. Cabrera. He suggested $750, and the other two commissioners, after some discussion, agreed.