Howard County liquor license

You may not yet know that you need an expert witness? But, in a public hearing before a Board of Liquor License Commissioners, expert witness testimony often is admitted when the Board determines that the testimony will assist it, as the trier of fact, to understand the evidence or to determine a fact in issue.

Thomas Jefferson may be the earliest known expert witness in an American court when in 1771 in Hite v. Fairfax, the future President offered his knowledge and experience on behalf of Lord Fairfax, a proprietary land owner, in a complicated chancery suit. Dr. Henry Chang-Yu Lee may be the best known modern expert witness for his forensic science analysis and testimony challenging the police collection of blood evidence that was instrumental in O.J. Simpson being found not guilty of murder. And Michael Egen is a counterfeit wine expert consulting and testifying about wine authenticity, including for the FBI.

Our attorney, Stuart Kaplow, has testified as the expert witness on alcoholic beverage matters and could be your expert.

We can provide a written report and expert testimony before a local liquor licensing board as is considers “.. the public need and desire for the license.” Maryland the law provides the “local licensing board shall deny a license application .. if the local licensing board determines that .. the granting of the license is not necessary to accommodate the public.” And the testimony of an expert is the way to address that legal test.

In making a determination to accept expert testimony on that and other matters, the local liquor licensing board will determine whether the witness is qualified as an expert by knowledge, skill, experience, training, or education; the appropriateness of the expert testimony on the particular subject; and, whether a sufficient factual basis exists to support the expert testimony. We are qualified and have the experience to satisfy those requirements.

We may need your assistance to form the basis of our expert opinions. The facts or data in a particular case upon which an expert bases an opinion are those perceived by or made known to the expert at or before the hearing. Ideally, we develop and can offer testimony of alternative and redundant theories, at times based upon facts independently developed or based on third party purchased market data, to advance each case.

All of this noted, none of this limits the right of an opposing party to cross examine an expert witness or to test the basis of the expert’s opinion or inference.

Interestingly, testimony in the form of an opinion or inference otherwise admissible is not objectionable merely because it embraces an ultimate issue to be decided by the local liquor licensing board. There is much courtroom debate over experts in litigation, from medical malpractice cases to lead paint cases, but much of that debate does not extend to the administrative proceedings that are alcoholic beverage licensing matters. There are formal rules of evidence that govern expert testimony in federal and state courts, but liquor licensing boards use ‘relaxed’ less formal rules, common in administrative proceedings, allowing wider and more expansive use of experts in liquor licensing hearings.

When you think you may need an expert, we would be pleased to work with you and your attorney to provide analysis and expert witness testimony for your liquor licensing board hearing, and more.

A liquor license requires a location in a proper zoning district.

An August 22, 2017 decision by the Howard County, Maryland Board of Appeals Hearing Examiner is both a detailed exposition of a liquor store as a permitted use under the zoning regulations and a wonderful treatise on the broader topic of land use law in that suburban Maryland county.

But this decision is much larger than this Howard County case alone. Today in commercial real estate, alcoholic beverage licensed businesses are increasingly more valuable because they are largely free from the downturn that most retail is seeing as a result of the Internet and online shopping. In most places alcoholic beverages cannot be bought online and shipped. And restaurants with food costs supported by alcoholic beverages are increasing in dramatic numbers.

This Howard County appeal was about an application by the property owner Science Fiction, LLC to the Planning Board to “clarify a liquor store does not have to be contained within the full service food and grocery store to be a permitted use.”

The prior existing regulation included as a permitted use, “l. full service food and grocery stores, and related uses, of 100,000 square feet or more.” The Planning Board’s counsel repeatedly told the Board, the issue was whether a liquor store use is compatible with a grocery store. Science Fiction also asked the Hearing Examiner “to consider [the FDP amendment application] as a zoning matter, not a liquor licensing matter.”

The 39 page decision is a great read beach weekend read for zoning geeks as it reveals the history of zoning, from the first 1916 New York City ordinance to the inapplicability of Euclidean principals in the James Rouse’s planned community of Columbia within Howard County where this liquor store was proposed.

But the liquor license industrial complex will delight in the portion of the decision discounting economic competition as a valid objection,

To the extent the Planning Board considered economic competition in its November 4, 2016 denial, meaning the impact of the proposed FDP amendment on other liquor stores, the Board’s action was arbitrary and capricious. Kreatchman v. Ramsburg, et al., 224 Md. 209, 219-220, 167 A.2d 345 (1961) (holding a liquor store owner in the Normandy Heights shopping center whose sole reason for objecting to a Zoning Board action was prevention of competition from a proposed shopping center further west on US 40 was not aggrieved when “[h]is only concern is with the threat of competition from a possible package liquor store in the [other] shopping center. It is to protect himself against that possible competition that he seeks the protection of the zoning regulations.”) Appellant Exhibit 6 is a Hearing Examiner decision and order addressing the inapplicability of economic competition considerations in zoning actions.

Appropriate zoning is required for all uses, not only alcoholic beverage related uses. The application of Science Fiction was approved, adding new subsection “.m” to the § 7D Permitted Uses text criteria, in the New Town zoning district,

m. Liquor store – located on the full service food and grocery store property and partitioned from the full service food and grocery store building. The liquor store has an independent entrance for deliveries and customers. “Partitioned” means walls or other physical divisions separating the full service food and grocery store and liquor store uses.

With zoning in place, an application may now be made to the liquor board for this liquor store adjacent to a Wegmans grocery store.