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| FOR THE RECORD | |
Alcoholic Beverages Charles M. Grayston , Esquire Dear Mr. Grayston : It is my understanding that some of my neighbors have protested the renewal of the alcoholic beverage license for the JP Food Market which is located at the corner of Shaw St. and Lafayette Ave. My house on Shaw Street faces the side of this store. Although much of the objectionable conduct of the customers occurs on Lafayette Ave. , I am satisfied that there is a problem with some of the customers who purchase alcoholic beverages from this store. In my judgment, denial of a renewal of this license would, at this time, be too drastic. However, in granting a renewal, it is my view that the Board should impose certain conditions which are related to the licensees' responsibility to comply with the applicable regulations and law. One of the regulations adopted by the Board provides, as follows: Licensees shall ensure that the establishment is operated in a manner such as to avoid disturbing the peace, safety, health, quiet and general welfare of the community and the neighborhood in which the premises are located. [1] Like all regulations of the Board, this regulation has the force of law. [2] Moreover, a violation of a regulation of the Board is grounds for the suspension or revocation of a license. [3] Finally, the Board has broad authority to administer and enforce its regulations. [4] Understandably no vendor wishes to offend his customers. However, the cited regulation clearly contemplates that a vendor of alcoholic beverages has a responsibility to actively participate in the enforcement of this and other relevant regulations. To assist the licensees in carrying out this responsibility, I suggest that the Board require the posting of a sign on the premises which lists the prohibitions which are commonly violated., e.g. public consumption of alcoholic beverages on any sidewalk. [5] Moreover, the licensees should be required to periodically check during each business day the vicinity of the licensed premises and report to the Police Department any observed violations. The observance of these conditions would not, in my judgment, impose an undue burden on the licensees but would improve enforcement of regulations intended to protect the neighborhood. Sincerely Yours, Richard E. Israel [1] Alcoholic Beverage Control Board, Rules and Regulations, Ch. 1. General Provisions, Sec. 1.11. Public Welfare. [2] Annapolis Code , Ch. 7.12. Alcoholic Beverages, Sec. 7.12.050 [3] Sec. 7.12.140 [4] Sec. 7.12.060 [5] Sec. 7.12.100. ::TOP:: |
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