ABC Complaint

by | Dec 17, 2021 | Samples legal papers

IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY,

STATE OF MARYLAND

 

CHARLES PARKER     § CIVIL ACTION NO. 

Plaintiff,     §

  1.     § PLAINTIFF’S ORIGINAL
  • COMPLAINT

CURATE ANNAPOLIS, LLC t/a CURATE     §

ANNAPOLIS; and ALCOHOLIC     §

BEVERAGE CONTROL BOARD, CITY OF   §

ANNAPOLIS,     §

Defendants,     §

 

NOW COMES Charles Parker, Plaintiff, complaining of Defendants, Curate Annapolis, LLC t/a Curate Annapolis, and Alcoholic Beverage Control Board, City of Annapolis and for cause would show the Honorable Court as follows:

  • NATURE OF THE ACTION
  1. This is an action brought by Plaintiff against Defendants, for the approval of new license application of Curate Annapolis, pursuant to Section 7.12.080 of the Annotated Code of Maryland.
  2. The Plaintiff alleges that Alcoholic Beverage Control Board, City of Annapolis erred in granting a license to Curate Annapolis. For this cause of action and others discussed herein, Plaintiff seeks equitable remedies.
  • PARTIES
  1. Plaintiff Charles Parker is a male adult of sound mind and a resident of 141 West Street, Unit 202, Annapolis, MD 21401.
  2. Defendant Curate Annapolis, LLC t/a Curate Annapolis is a Limited Liability Company operating a café on 141 West Street, Unit 102, Annapolis, MD 21401.
  3. Defendant Alcoholic Beverage Control Board is a board of the City of Annapolis mandated to issue permits for sale of alcoholic beverages.
  • JURISDICTION AND VENUE
  1. Jurisdiction exists in this court pursuant to Section 7.12.080 of the Annotated Code of Maryland.
  2. Venue is proper in this court because the causes of action occurred within Anne Arundel County.
  • FACTS
  1. On November 23, 2020, Curate Annapolis made an application to the Alcoholic Beverage Control Board for a liquor license. 
  2. Curate Annapolis collected signatures from property owners within 200 feet of the Defendant’s address. 
  3. Alcoholic Beverage Control Board gave members of the public an opportunity to give their views on the licensure of Curate Annapolis.
  4. Stating valid reasons, Plaintiff objected the licensure of Curate Annapolis.
  5. Alcoholic Beverage Control Board erroneously issued a liquor license to Curate Annapolis.
  • PUBLIC INTEREST
  1. Md. Code, Alco. Bev. § 4-210(b) provides as follows:

The local licensing board shall deny a license application:

  1. If the local licensing board determines that:

(v) If the license is issued, the operation authorized by the license would unduly disturb the peace of the residents of the neighborhood of the location described in the application.

  1. Issuance of a liquor license to Curate Annapolis will worsen the present situation.
  2.  The City of Annapolis has experienced a high number of substance-related overdoses and deaths. There has also been an increase in violent gun fatalities.
  3. Plaintiff has witnessed urinating in public, mentally ill people sleeping on the street, aggressive panhandling, disorderly conduct, and loitering.
  4. Issuance of liquor licenses to more businesses that offer alcohol along 141 West Street such as Curate Annapolis will reduce the quality of life and contribute to increase in crime.
  5. Curate Annapolis is located near two churches, historic Asbury United Methodist Church and Downtown Hope Church. Revelers from Curate Annapolis will cause disturbance to people participating in the activities of those churches.
  6. The only advantage issuing the liquor license will bring is increased fines related to sale of alcohol to minors, litter, public urination, loud noise, and disorderly conduct.
  7. Alcohol Beverage Control Board failed to analyze the detrimental effect of issuing a liquor license to Curate Annapolis and erroneously issued a liquor license to Curate Annapolis.
  • PRAYER FOR RELIEF

REASONS WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the following reliefs:

  1. A declaration that Alcoholic Beverage Control Board issued a liquor license contrary to Md. Code, Alco. Bev. § 4-210(b);
  2. Revocation of the liquor license issued by Alcoholic Beverage Control Board to Curate Annapolis;
  3. Award Plaintiff pre and post judgment interests, costs of this suit and attorney fees as allowed by law;
  4. Such equitable relief as may be appropriate under the circumstances; and
  5. Award such further relief as this Honorable Court deems necessary and proper.

 

Respectfully Submitted,

______________________________

Charles Parker

141 West Street, Unit 202

Annapolis, MD 21401

seeparker2@gmail.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:

(Name of Defendant’s Attorney), Attorney at Law

 

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