George Seeks Last-minute Continuance from ABC Board

A cardboard box, sealed in tape and initialed by the staff of the District's Alcohol Beverage Control (ABC) board, could determine the future of Prospect Street private bar, George, and any fines its owners may need to pay for violating ABC laws. The box full of paper records became the focus of the ABC board for an hour and a half Wednesday.

George was before the board for failing to meet food sales requirements stipulated in the establishment's voluntary agreement and a failure to maintain books and records.

Though the ABC requires a minimum of six days notice to request a continuation, George, with the support of the government attorney assigned to the case, asked for a continuance at the meeting Wednesday. According to Andrew Klein, legal adviser to George, his client had just discovered that there were paper records that might help resolve the case before the board.

Klein, who has represented George in previous infractions, told the board that when an auditor initially came to the bar, the electronic records could not be retrieved. But through his prompting, his client found the paper documents just the day prior, he explained.

The District's attorney in the case, Louise Phillips, said she was inclined to agree with the continuance request. She cited recent case in which the board reviewed records itself over the course of many hours and ultimately decided to still require an auditor's review. Phillips and Klein indicated that allowing an auditor to go through the newly-discovered records would save the government time.

After a lengthy recess the board returned to debate what to do with the records, which the George representative brought with him in a cardboard box.

Board member Nick Alberti became visibly frustrated with Klein, who said he could present his case on behalf of George immediately if necessary.

"I want to be assured that your statement is valid," said Alberti.

Alberti had Klein state that all of the evidence he needed for the case was present at the meeting in the box. It was Klein's suggestion to seal the records until an auditor could review them.

Another board member, Herman Jones, asked, "What happens if we find the seal has been broken?"

Board Chair, Ruthanne Miller, rejected Jone's suspicion, saying, "We need a little trust."

The board agreed to grant a continuance for at least 30 days or until the time an auditor is able to review the paper records to determine whether the food sales requirements were met.