Fool the liquor board once, shame on you. Fool it twice?
The head of the Baltimore City Board of Liquor License Commissioners said the board will institute a new policy to create additional oversight of inspectors who find violations but use their discretion to give the licensee a pass.
Chairman Stephan Fogleman said the agency will also seek greater powers from the General Assembly to suspend a license in the event of an imminent public safety threat.
“We have allowed discretion to our inspectors over the years,” Fogleman said. “The board is going to implement a policy that anytime a violation is found and the licensee is not cited, there must be a report written immediately and forwarded to our inspector supervisor explaining why not.”
Liquor license holders for Iguana Cantina, a prominent downtown bar, promised a previous board of commissioners in mid-2006 that its “college night” promotions would stop. In return, the board mitigated a fine the bar faced for underage drinking violations.
The “gentleman’s agreement” made with that board was not made part of its official liquor license. Once the board changed over, the college nights continued. Fogleman said the current board could not enforce the agreement without a new violation, but said none had been found.
But the board seemed to discover such a violation on Aug. 30, 2007. According to a report filed with the board by Inspector Umar Abdul-Hamid, liquor board investigators observed underage drinking at the bar.
“Based on my personal observation and that of the other inspectors involved, the establishment is not exercising enough precaution … to prevent underage consumption of alcohol,” Abdul-Hamid wrote in the report. However, “the management staff assured me they do not condone “College Night” events and would not be having any further involvement with such promotions.”
However, the bar’s Web site on Tuesday still advertised college nights on Thursdays. Fogleman said state law doesn’t allow the board to stop the bar’s promotions without citing it for a violation.
“We can’t force ‘no college nights’ without their approval,” he said. “We’re not a fan but we can’t impose our will.”
Fogleman also said the board would seek emergency powers to suspend a license in the event of an imminent public danger, with a hearing to follow. On Sunday, Baltimore City police shut down Linden Liquors on North Avenue.
Sen. George Della, D-Baltimore City, supported the idea, but he wasn’t sure state law would allow it.
“Bless him, I know what he’s trying to address, and I’m supportive of that, but I don’t know whether that concept is constitutional,” Della said. “You would close an establishment, before the licensee had opportunity hearing. Maybe there’s another way to achieve the same goal.”
