Rockland pool hall owner appeals to liquor bureau

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ROCKLAND – The odds appeared to be stacking up against a pool hall owner Friday, when he came before the state Bureau of Liquor Enforcement to appeal the city’s denial of his liquor license.

During the hearing, it was brought to light that Craig A. Simmons Jr., owner of Homeport Billiards, had more criminal convictions than he previously disclosed in license applications.

Last month, the City Council voted not to renew Simmons’ liquor, billiard room, amusement device and victualer’s licenses, which are required to do business.

In July, the state fined Simmons $1,023 for “allowing” illegal sales of cocaine to occur in 1998 at his business.

When the city rejected his license renewals, Simmons’ attorney, Steven Peterson of Rockport, obtained a temporary injunction to keep the business open pending appeal.

The primary reason the council rejected Simmons’ request was because of several drug trafficking incidents that occurred at Homeport Billiards two years ago. Law enforcement agencies had set up undercover drug deals at the pool hall.

Simmons has asserted that he had no knowledge of the drug deals staged by law officers.

The liquor bureau had attempted to revoke Simmons’ license, but the judge only fined him, Peterson pointed out Friday at the City Hall hearing with state officials. Simmons was found to have “allowed” the activity in two of five counts. He was also found to have possessed drug paraphernalia in August 1999.

The sting operation resulted in the conviction of three individuals for trafficking in cocaine. Simmons was not charged, nor were any employees.

Other concerns, which had some bearing on the councilors’ recent decision, were that Police Chief Alfred Ockenfels had not endorsed the 2000 license request. He also reported to the council that there were some 25 nuisance complaints at the pool hall since it opened in October 1997, several disorderly conduct complaints, and six parking problems.

In 1997, the chief raised the issue of a 1992 drug-related conviction when Simmons went for his initial license.

At Friday’s hearing, Assistant Attorney General Michelle Robert referred to Simmons’ 1999 license renewal application, in which he disclosed he had a 1992 New Hampshire conviction for possession of marijuana.

Robert asked Simmons why he failed to make known a 1989 trafficking and possession of marijuana conviction that occurred in Rockland.

Simmons said that he forgot to put it on the form. Failure to disclose that information has resulted in a pending unsworn falsification charge.

“These are nothing but growing pains,” Simmons said, admitting he has not lived a “perfect life.” He said that he has since had no problems with the law and has changed his ways.

Robert also pointed out that on the 1999 liquor application, Simmons indicated he had a possession of marijuana conviction, but did not note that it was with “intent to sell.”

Simmons’ response was that he had provided the date and county in which the conviction occurred and figured everyone already knew the details.

Robert remarked that his record showed a criminal trespass charge in 1994, which occurred in Rockland on Dodge’s Mountain. Simmons said that in Maine “criminal” trespass is the charge for simply trespassing and that he paid a $100 fine.

The assistant attorney general also questioned Simmons about several drug-related convictions in New Hampshire about a decade ago. She indicated there were three separate convictions, but Simmons believed they were all part of one plea agreement with the 1992 conviction for possession of marijuana with intent to sell. He claimed the two other charges were not to count against him.

On the 2000 application, Simmons did include that charge and the 1989 conviction, Robert noted.

Testimony was heard from Rockland police Lt. William Donnelly, City Manager Tom Hall and Councilor Carol Maines.

Simmons’ attorney requested a “standing objection” throughout Donnelly’s testimony on the sting operation, arguing that he was not involved in the 1998 undercover investigation and that his only knowledge of the case was from reading reports.

Donnelly did investigate an August 1999 burglary at Homeport Billiards, which resulted in charges of possession of marijuana and drug paraphernalia against Simmons. He was convicted in March only for possession of drug paraphernalia. He paid a $100 fine.

According to Donnelly’s testimony, Simmons arrived at the pool hall a couple of hours after the officers went in and had begun looking around. Police found marijuana “roaches,” similar to cigarette butts, in an upstairs office, and loose marijuana and cigarette rolling papers behind the bar.

When confronted with the evidence, Simmons admitted he smoked marijuana in his office, Donnelly said. However, Simmons told the police officer that the loose marijuana from behind the bar was not his. Simmons said that had he known about it, he would have smoked it, Donnelly said.

Maines, who was city attorney when Simmons first applied for a license, said that the council was not aware of all the charges that had come out “today,” but had denied the recent renewal based on the level of drug activity that had occurred two years ago at the pool hall.

Peterson argued that his client’s drug trafficking convictions took place many years ago, and that the city had issued licenses knowing some of that history.

Lynn Cayford, director of liquor enforcement, asked why Simmons did not disclose his recent paraphernalia charge on the application.

Peterson pointed out that possession of drug paraphernalia is a civil infraction, rather than a criminal offense, as would be the case with possession of marijuana.

The defense attorney argued that Simmons was not involved in the undercover drug transactions, which are on appeal.

“It’s pending in court and shouldn’t be used to deny a license,” he said.