When Adam was sleeping, the Creator removed a rib from his side and made Eve, or so goes the story. The city’s Alcoholic Beverage Control Board just removed a 2 am alcohol permit from Buddy’s Crabs and Ribs, but they’re not sleeping or taking it lying down. Of course this is not the Garden of Eden and fortunately the ABCB is not God. There is a legal system to which Buddy’s can and will likely appeal.
I’m not a lawyer or a zoning official either but I can’t quite make sense of it and am trying to understand those who oppose the downtown spot having a license to serve until 2 am. Buddy’s claims it has had such a license since 1994 and I have seen the current one.
I’m not the only one who is confused. The chair of the Board seemed caught like a deer in the headlights. After all, he had been a member of that board since before Buddy’s even applied for such a permit. Two other sitting members of the Board were members when Buddy’s first got their license. That means they must have voted for their 2 a.m. license year after year so why the about-face? Is it a liquor license issue or a zoning issue?
Some Ward One residents oppose Buddy’s having such a license and claim it was issued in error. It stems from what exactly zoning allows and what the ABCB can issue based on that. Buddy’s claims they have a conditional use permit to stay open until 2 am rather than only to midnight. Their opponents claim that is incorrect, and that due to some misapplication of the law or what some say was a clerical error, Buddy’s was issued a 2 am. license. When they start talking about The Ward One Sector Study, a decision by Judge Lerner and whether they are “grandfathered” or not, my eyes glazed over. This has got to end up before a judge, I thought.
Buddy’s lawyer is arguing that they have a 2 am license and there is no reason to amend or revoke it. Dozens of supporters of Buddy’s came forward to offer their support and to tell of the restaurant’s community and public-spirited support of many events and groups.
While a long line of locals came to support Buddy’s, only a handful came to oppose their license. The chair repeatedly questioned Buddy’s customers asking if they came in after midnight. What was that all about? Who cares if they were served after midnight? That same board gave them a permit to do so. And that same board just revoked it.
The first hearing did not produce any results, so two days later the board returned to City Council Chambers where Planning and Zoning Director Jon Arason again presented the background on the zoning issue at the heart of the matter. The lawyer for Buddy’s provided the Board with what was said to be a 60-page “brief” about the legalities surrounding the license. She must have worked on that nonstop since Wednesday afternoon, no doubt at great expense to the Blonders. The Board members got the paper, took about ten to fifteen minutes to thumb through it and then immediately produced its own three-paragraph motion to deny the 2 am license and issue a midnight license. That motion was obviously prepared in advance. A detailed legal brief created in two days and read in ten minutes. A three-paragraph motion approved five to zero. How did this suddenly surface? What conclusions would you draw?
Buddy’s Crabs and Ribs won’t let this rib be removed from them while lying down.
Please send comments, subscribe, share with your friends, and support our sponsors. Join us every Thursday morning from 8-9 am for our Sip N' Blogs usually held at Ahh, Coffee! in Eastport.
1 Comment:
From the Ward One email newsletter...
The board listened and then made the following motion, that was passedby a 5-0 vote.
(a) Sustain the protest of Buddy's Crab and Ribs wiht respect to the4B-x license, finding that issuance of the renewal of the 4B-x licenseis not permitted by section 9-103 of Article 2B of the Annotated Codeof Maryland, as a 4B-x license allows sale of alcohol until 2 AM butthat Buddy's conditional use allows operations only until midnight;and further, that Buddy's has no vested right in any previous issuedalcohol license or zoning approval allowing 2AM operations.
(b) issue a 4B license to Buddy's allow continuance of the exactoperations that have been in place in previous years and reflected bythe hours of operation on Buddy's renewal application; and,
(c) that this decision be reduced to writing with the Chair directedto prepare a draft for review and approval by the Board.
The ABC had initiated the protest against Buddy's request for a 2 amlicense renewal. In essence, Buddy's can continue with no alcoholsales after 12 midnight.
Post a Comment