Liquor commissioners renew So Baltimore license with limits on outdoor seating, dirt bikes and live-entertainment compliance

The Board of Liquor License Commissioners for Baltimore City on April 17 renewed the Class BD7 license for So Baltimore LLC, owners Malcolm H. Delaney and Anthony Fitzgerald, at 3734 Fleet Street, subject to conditions intended to address neighborhood complaints about noise, outdoor crowding and dirt bikes.

Neighbors had protested the renewal, arguing the licensee failed to enter a memorandum of understanding, that patrons and dirt bikes congregated outside the establishment and that crowding at outdoor tables spilled into sidewalks and streets.

The protest was represented by Amy Petkosik of the Community Law Center on behalf of Brewer’s Hill Neighbors; Brent Fisher, president of Brewer’s Hill Neighbors, testified that the association had attempted for about a year to negotiate an MOU with the licensee to limit outdoor crowding, control storage of dirt bikes and tighten live-entertainment hours. Fisher said the group collected signatures and presented video evidence of dirt bikes being stored at the site. The licensee, represented in part at the hearing by counsel, denied harboring dirt bikes and said the incidents were rare and had involved police on scene.

Chairing the hearing, the presiding commissioner rejected the licensee’s motion to dismiss the protest and heard testimony from community members and the licensee. The board said it would enforce the conditions imposed by the Baltimore zoning board regarding live entertainment, and added specific conditions on renewal: the licensee must follow the BMZA-imposed restrictions on live entertainment hours and related operational limits; not permit storage or harboring of dirt bikes on the premises; limit outdoor seating to the existing table footprint (testimony placed that at roughly five to six tables seating about four to five people per table in normal service); and notify the Brewers Hill Neighbors organization a week in advance of planned special events that may increase outdoor capacity. The presiding commissioner warned that violations would subject the licensee to fines, suspension or revocation.

Brent Fisher described multiple attempts at negotiation and said the neighborhood had letters of support from council members and a letter to the record from Baltimore Police Major Della Rocco opposing the renewal. Malcolm Delaney, the licensee, said the business had taken steps to engage with the community before opening and that dirt-bike incidents had occurred “twice in three years,” with police present on-scene. Delaney declined a request to end live entertainment earlier on weekdays.

Commissioner Templeton joined the presiding commissioner in approving the renewal with the stated conditions. The board noted petitions and letters both in favor of and against the renewal would be made part of the record.

The board indicated it would rely on inspectors and police reports to determine future enforcement and encouraged the parties to resume negotiations and put any mutually agreed MOU in writing to be attached to the license.

If inspectors find violations of the live-entertainment restrictions, outdoor seating limits or harboring of dirt bikes, the commissioners said they would bring the licensee back for a formal enforcement action.

Ending: The renewal was granted with conditions; the board made clear it expects compliance with the zoning board restrictions and warned of enforcement if community complaints continue.