On Thursday, May 14, at 1 p.m., The Alcohol Beverage Board heard the pleas of California Wine & Spirits of California which was deemed to have violated a number of Maryland Annotated Codes and local liquor laws for promoting and delivering alcohol off the establishment’s premises.
After the ABB presented a certificate of appreciate to outgoing Alcohol Enforcement Coordinator, Cpl. Emory Johnson welcomed the new Alcohol Enforcement Coordinator, Dfc. James Stone, the ABB presided over a hearing against California Wine & Spirits.
The charges against the establishment included: Retail delivery off of premises in violation of Section 12-301(b) of Article 2B of the Annotated Code of Maryland and Section 5.04(o) of the Rules and Regulations of the Alcohol Beverage Board of St. Mary’s County and Commission of act contrary to State law in violation of Section 5.04(b) of the Rules and Regulations of the Alcohol Beverage Board of St. Mary’s County
The owner, Michael E. Heimer was sworn in and with the help of his attorney, “Fell on his sword” stating that California Wine & Spirits admitted to part of the charges against it. However, the attorney would not admit to a violation of 5.04(o) stating that the law did not specifically prohibit off-site delivery of alcoholic beverages.
After a repeated attempt by the owner’s attorney to persuade the ABB, the board voted and recommended a $200 fine, payable in 10 days for the violation.
When the second charge was debated, the attorney, once again, would not admit any violations. The ABB decided that the establishment was guilty of a violation and levied another $200 fine. This fine they suspended for a one-year period pendng any other violations.
The charges against California Wine & Spirits stemmed from an incident in April where the liquor store spread flyers throughout the community stating that alcohol would be delivered for free for any orders over $100.
One individual noticed the flyer and who had experience in liquor sales here in St. Mary’s County in the past and knew that the establishment was in violation of the laws and called authorities. The individual placed his order in the amount of $175.91 in alcohol. After providing his credit card information over the phone, the store delivered the merchandise. The sale was signed at the individual’s home where the alcohol was delivered.
At that point California Wine & Spirits were violated and the case was turned over to the ABB.
