La Plata, MD – Memories Bar is no more, but questions persist over who will face retribution from the Charles County Board of License Commissioners (Liquor Board) over violations committed at the former Waldorf nightclub from January through October of 2016.
The former proprietor, Robert Gavin—who is facing criminal charges in connection with five serious violations at the establishment and a civil suit brought by the landlord for theft of property they say shouldn’t have been taken—is not the only one who could face repercussions in the wake of the Memories Bar train wreck.
In addition to four alcohol-related violations, a fifth involves stabbings, use of firearms and hundreds of phone calls from local residents complaining about fights and noise.
Donald Downing was also implicated in the offenses, since he allowed Gavin to run the business while the liquor license for the establishment was in his name (Downing’s) and the license was never transferred to the proprietor, Gavin. The Charles County Liquor Board only has the authority to charge the license holder.
Any such transfer would have to be done through a formal hearing before the board and there is no record of that event ever having occurred.
While Downing is maintaining that he sold the business, it became evident throughout the proceedings held in April that while Downing may have (sold) he never transferred the license. That leaves him open to prosecution on some of the charges because he is the license holder, according to the board.
The clerk advised the Liquor Board at the April 13 meeting that the licensees for Memories have not filed to renew their alcoholic beverage license and that their alcoholic beverage license was turned into the board March 16 when the licensees were evicted from the licensed premises by their landlord.
After consultation with legal counsel, Kevin Smit–counsel to Thomas R. Mueller Jr., one of the two property owners–the board moved to hold the hearing on the show cause order in abeyance for three years from the date of the hearing as the licensee has been evicted and turned in his alcoholic beverage license. The board further ruled that should Mueller, Downing or Gavin appear before the board as an applicant for a new or transfer alcoholic beverage license within the next three years then the evidence obtained in support of the show cause order could be presented and utilized by the board in finding whether or not the applicant is a fit and proper person to hold an alcoholic beverage license, among any other considerations.
The board has instructed the alcohol enforcement officer, Master Cpl. Judith Thompson, to pursue possible criminal charges against the person actually running the establishment (Gavin).
Contact Joseph Norris at joe.norris@thebaynet.com