State senator withdraws bill regulating BYOB policies after mayor has concerns

Feb. 21—Bring-your-own-alcohol policies at Frederick businesses will likely remain unregulated for at least another year, after a Maryland state senator withdrew a bill she proposed to help police enforce liquor laws on unlicensed businesses.

Frederick residents have said that bring-your-own alcohol events at downtown businesses have threatened people's safety, and they've tried to link the events to two shootings last year along North Market Street, one of the city's main thoroughfares. The Frederick Police Department, though, has found no evidence connecting the shootings to any businesses on the street.

Residents have raised concerns about two businesses in particular: Carmen's Corner Store at 302 N. Market St. and Exhale, a hookah lounge, at 405 N. Market St.

Altimont Mark Wilks, the owner of Carmen's Corner Store, wrote in an email to the News-Post that "the 'neighborhood concern' was ignited by a few of the neighbors that really don't care to have a Black-oriented' party venue within the 300 block" of North Market Street.

Muslim Durzada, who owns Exhale, said the concerns he's heard from community members had to do with the lounge's previous owner, and the product the lounge offers.

"So many people do not like to have hookah lounges around here," Durzada said in a phone interview.

During a Feb. 9 meeting of state lawmakers, bill sponsor Sen. Karen Lewis Young, D-Frederick, said, "The fact that the city of Frederick Police Department wanted a tool, that was my main impetus."

The withdrawn bill would have limited the hours when unlicensed businesses could let patrons consume their own alcohol and lessened the potential fine for business owners who violate the law, so a judge would be more likely to enforce the penalty.

In a letter from the Frederick Police Department supporting the bill, Deputy Chief Kirk Henneberry wrote that "unlicensed establishments caused more complaints of disruptive crowds and noise than the nearby licensed establishments."

But Frederick Mayor Michael O'Connor, D, said in an interview that he was concerned about a "somewhat sizable loophole" in the proposal for businesses that declare their bring-your-own alcohol events private.

"We want to make sure that, if we move down this path, there are no unintended consequences," O'Connor said.

Lewis Young wrote in a text message to the News-Post: "I will not move forward on a city-only bill without the city's full support."

She wrote that she intends to reintroduce the bill during next year's legislative session.

Lewis Young's bill, SB 687, was officially withdrawn Monday.

Del. Kris Fair, D-Frederick, sponsored the House version of the bill, HB 918.

"There are dozens of neighbors and business owners and individuals who've been impacted by this violence on Market Street, on North Market. They have voiced their concerns loudly to the city government and to this delegation," Fair said during a meeting with the Frederick County Liquor Board in November. "This is a serious issue plaguing the streets in the middle of the night, at 2, 3, 4 in the morning."

In 2021, the Frederick Police Department established its Nighttime Economy Taskforce to address concerns from Frederick residents about late-night parties at downtown businesses.

The task force included people from the police department, the city government, the Frederick County Liquor Board, the Frederick County State's Attorney's Office, the Frederick County Health Department and the Frederick County Division of Fire and Rescue Services.

O'Connor said the Frederick County Sheriff's Office, local residents and businesses, and state lawmakers who represent Frederick County should have input on a proposal to regulate bring-your-own alcohol policies.

Generally, members of Frederick's business community want to "do things the right way," O'Connor said. The issue, he said, would be punishing businesses that don't comply with new regulations.

During a Liquor Board meeting with state lawmakers in November, downtown resident Steve Jakubczyk said events at Carmen's Corner Store and Exhale were especially disruptive, and that the businesses' owners were taking advantage of a lack of bring-your-own alcohol regulations.

But Wilks, who opened Carmen's Corner Store on North Market Street in 2021 and has another location in Hagerstown, said in an interview that "all of my events were sanctioned and licensed."

As someone with a felony conviction, Wilks said, he has been unable to get a standard liquor license for his business. He got one-day licenses to sell beer, wine and liquor for events on May 5 and June 3, 4 and 18.

"I did those parties mainly because I know the demographic. And they need help," Wilks said, adding in a text message that the events he hosted at Carmen's Corner Store have provided an outlet for people "between 21 and late 30s, mainly African Americans" who seek out "R&B, rap music."

People who drink at bars and clubs on North Market Street often filter out of establishments when they close and, like a herd, move on to where they can continue the party, Wilks said.

He said he envisioned Carmen's Corner Store as a safe space for people to go after nearby bars and clubs closed.

"I opened that venue because of the late-night wash out," Wilks said. "We served the community in a way that other businesses did not. ... I came in and cleared up the 300 block."

On Monday afternoon, the store's front door had a combination lock on it. Signs stating "We're open" hadn't been removed.

Wilks said Carmen's Corner Store is not closed, adding that he was recently sick and has been more focused on his Hagerstown location.

"I'd be hard-pressed to ever close my doors," Wilks said. "Frederick is in my veins."

After receiving several complaints about events at Carmen's Corner Store, the Liquor Board will no longer grant it one-day permits, said Dawn Shugars, administrative specialist for the Liquor Board.

Durzada, who assumed ownership of Exhale in January 2022, said patrons to his business can bring their own alcohol, free of charge, as long as it's not an excessive amount.

Exhale used to be open until 2:30 a.m. on weekends, but Durzada said he moved up the closing time by an hour after speaking with Frederick police. The change happened about six months ago, he said.

Durzada said that, while nearby residents had issues with Exhale's previous owner, he has sought to build trust.

"I care for all the neighbors. I care for my city," he said.

In a message Marjorie Rosensweig emailed to the News-Post, she and seven other Frederick residents wrote that "unregulated BYOB establishments pose a significant safety and security threat to the community, residents, visitors and regulated businesses. After local BYOB establishments close, patrons spill out into the streets to continue partying often with dire consequences."

In the email, the group mentioned two incidents from last year in which police responded early in the morning to North Market Street for reported shootings.

In May, someone sustained non-life-threatening injuries after being shot. Police responded to the 400 block of North Market Street after hearing what sounded like gunfire at about 2 a.m.

Then in July, a 26-year-old man died after being shot in the chest. For this incident, police responded to the 300 block of North Market Street around 3:30 a.m.

Frederick police haven't found a connection between the incidents and any businesses on North Market Street, Cpl. Jonathan Schultz said in an interview.

The regulations that Lewis Young and Fair initially proposed would've applied to businesses with a bring-your-own alcohol policy in all parts of the county.

Republican state lawmakers representing Frederick County, though, said the proposal would've placed undue restrictions on businesses outside Frederick city.

The county's top law enforcement official shared a similar sentiment.

"We don't have that problem outside the city limits," Frederick County Sheriff Chuck Jenkins, R, said of city residents' concerns in an interview.

Jenkins said city officials should consider establishing an ordinance to keep businesses with bring-your-own alcohol policies in line.

But Acting City Attorney Rachel Nessen wrote in an email that, while she hasn't fully researched the matter, the city generally lacks the authority to regulate alcoholic beverages.

"The General Assembly has largely preempted this field of regulation through the enactment of the Alcoholic Beverages Article of the Maryland Code," Nessen wrote. "It therefore seems unlikely that we could accomplish by ordinance what SB 687 would have done."

Before Lewis Young withdrew the bill, she and Fair planned to change the proposal so that it would only apply to businesses in the city. They both said they would only move forward with the amended bill if the city government supported it.

Follow Jack Hogan on Twitter:

@jckhogan