The St. Mary’s Alcohol Beverage Board Thursday dismissed two violation charges against the Green Door in Park Hall. However, the bar may not be out of hot water yet for an incident that occurred in November of last year.
The board ruled that testimony of Maryland State Police TFC Matthew Pitcher had failed to prove the two charges against the bar: serving alcohol or permitting alcohol to be served after 2 a.m. and furnishing alcohol to a person visibly under the influence of alcohol.
The trooper testified that he was called to the bar for a report of an assault. Upon arrival he found a male sitting outside who had apparently been assaulted and who the trooper observed to be intoxicated.
The trooper then went inside the bar after it should have been closed to investigate the assault. He said he observed people sitting at the bar and at tables with drinks in from of them. Pitcher, however, testified that he had not seen the drinks served or consumed. He also testified that he had been told by a bar employee that the male who had been assaulted has been “cut off.”
Thus the trooper’s testimony was not able to corroborate either of the charges. The attorney for Green Door licensee Brian Tarleton, Kevin McDevitt, asked for the charges to be dismissed. Board member Linda Palchinsky moved dismissal. Board attorney Joann Wood asked Palchinsky to modify her motion to include that it was made “without prejudice.” That modified motion passed unanimously.
McDevitt argued unsuccessfully that the charges be dropped with prejudice, thus not allowing any refilling. He argued that his client had brought with him a number of witnesses to testify against the charges.
By passing the dismissal without prejudice, the board can file different charges against the bar. Wood noted that the trooper had observed drinks on the bar after closing, which would constitute a violation if proven.
