Dear Licensees:
As many of you know you are already aware in May 1997, Governor Parris N. Glendeiiing, with the advice and consent of the City Senators, appointed three new persons to serve as the board of Liquor License Commissioners for Baltimore City. The Board, in turn, appointed Nathan C. Irby, Jr. as Executive Secretary of the Board effective June 1,1997. With the assistance of the existing staff at the Liquor Board, the Commissioners and the Executive Secretary are reviewing existing policies and procedures of this agency. If there are to be any major policy or procedure changes, you will be notified.
In the weeks since our appointment, however, we have identified a number of issues which concern us greatly. Specifically, we would like to bring to your attention the need for you and your employees to be vigilant concerning the age of individuals purchasing alcohol. Since May 1997, we have considered numerous cases where underage individuals have been served alcohol by licensees or their employees. We are particularly concerned when the individual has not been asked for identification to prove that he or she is of legal age to purchase alcohol. We would also like to bring to your attention a recent Court of Special Appeals decision which reflects that violation of Board Rule 4.01 (a) (Sale to a minor) is a strict liability offense. There is no defense that the licensee exercised due caution. If you sell alcohol to a person under the age of 21, it is a violation of the Board's rule. While this agency appreciates the difficult job which you have concerning this matter, is also our responbility to Warn you that we take this matter very seriously and will act accordingly.
Another matter which the Commissioners and the Executive Secretary would like to bring to your attention is that Board Rule 3.02 requires that you cooperate with various governmental agencies as well as representative of the Liquor Board. This agency has 18 full time Inspectors who have the responsibility not only of investigating complaints but also of performing routine inspections of licensed premises. During a routine inspection, the Board's inspection staff will request various documents which your are required by law to have available. Specifically, Inspectors must, as part of their routine inspection, see your current Traders License and your Alcohol Awareness Certificate. Inspectors must have access to and be allowed to check the entire licensed premises. If an Inspector of this agency identifies a problem which must be corrected, it is our policy for the inspector to give you a certain number of days within which to correct the problem. If this problem is not corrected within the specified time, you may be required to appear in the Board's office for a compliance conference or for a public hearing. It is imperative that you cooperate with representatives of this agency in the performance of their duty. Any failure to cooperate with an Inspector during the performance of his or her duty will be documented and brought to the attention of the Board.
Complaints are often brought to the attention of the Board concerning the impact of establishments on the community where the operate. For this reason, the Board and the Executive Secretary would urge you to police the area around your establishment and to work with the police department concerning problems such as loitering, disorderly patrons or other criminal activity. Board Rule 3.12 requires licensees to operate so as not to disturb the peace, safety, health, quiet and general welfare of the community. This is a difficult standard to meet in some cases, but it is the Board's policy and is one by which licensees must abide.
The Board has also received complaints concerning licensed establishments who sell items which are associated with drug activity. Specifically, communities have complained about licensees who sell glassine bags, vials, paper and pipes which are often used in illegal drug activity. Please be sensitive to the problems in the community surrounding you and do not sell drug paraphernalia in your establishment.
The commissioners will be reviewing the existing rules and regulations of the agency in the coming months and are carefully studying those rules and regulations of other jurisdictions both in Maryland and in comparable metropolitan areas. Just as we are willing to listen to concerns of communities, we are interested in hearing your concerns and suggestions. If you have any immediate questions or concerns, please contact Executive Secretary Nathan C. Irby, Jr. at (410)396-4380
/s/
Leonard R. Skolnik, Chairman;
Claudia L. Brown, Commissioner
William A. Welch, Jr., Commissioner
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