For Special Deputy First Class Emory Johnson it was a hellish wintry night on February 25 as he was arresting a highly intoxicated individual for indecent exposure in the parking lot at San Souci Plaza, as a second inebriated person tried to obstruct justice.

When Sgt. Christopher Medved arrived at the scene to assist Johnson he went inside the nearby Hot Noodle at 1:59 a.m., and witnessed people circling the girls, who had been dancing earlier, around a pool table. The occupants had glasses of drinks in front of them and Sgt. Medved saw one person drinking beer.

 
 Lam and David Tran listen as Sgt. Medved testifies
– The Bay Net Photo by Ahmar Mustikhan

Last week the St. Mary’s Alcohol Beverage Board unanimously found The Hot Noodle guilty of operating past the 1:30 a.m. shut down time contrary to state law. The two brothers who run the business stormed out of the room, refusing to speak to news reporters.

SDFC Johnson said he had visited The Hot Noodle approximately two weeks before the incident for a compliance check and had spoken with David Tran about the closing time. “It was not me, he probably talked to my younger brother,” said David Tran, pointing to Lam Tran, sitting next to him.

The two brothers pleaded not guilty, and fought their own case before the board without help of a lawyer.

“You’ve got to know what your limitations are,” board chair Al Babcock told the operators. “This board is putting you on a probation of 90 days.”

The Tran brothers insisted to the very end that the people Sgt. Medved saw when he came inside the business were employees, family or friends, and that the Sergeant assumed they were patrons. When the board wanted to know if everyone who was present was an employee, the defendants responded for the most part they were.

The Trans argued it was hard for law-enforcement to distinguish if the substance people were consuming on that night was water, cola, or alcohol. The two brothers said at the time of the raid, the business had already shut down and they were doing the paperwork and related cleaning.

When DFC Emory Johnson testified before the board that he had visited and contacted David Tran, the elder brother said he spoke with Lam. Likewise, when Sgt. Medved testified that he spoke with either David or Lam, they said it was a third brother who looked like them.

The board ordered a fine of $200. The business also lost its peak hour of business operation by a crucial 30 minutes at closing time, as the board voted three against one, to order the business shut at 1 a.m. instead of 1:30 a.m. for at least three months. The lone vote of dissent was that of Nat Lawrence.

Thomas Bennett moved that the hours of operation of the business should be lessened by 30 minutes for a period of 90 days, and Lynn Canty supported the motion.

Babcock told The Bay Net the penalty leveled at Hot Noodle was nothing novel. “In the past, we did it with Monks Inn [which is now under new ownership] when their Thursday night activities were creating problems,” Babcock said. “We cut their