State upholds city’s denial of liquor license

ROCKLAND – The state Bureau of Liquor Enforcement Wednesday upheld a decision by the City Council to deny Homeport Billiards a liquor license. According to Bureau Director Lynn Cayford, his agency could find no reason to overturn the city’s ruling because it was based on justifiable cause.

“I can’t replace my judgment for their’s,” Cayford said Wednesday, referring to the council members’ reasoning.

The bureau’s decision follows a de novo or courtlike hearing, which was held last month in City Council chambers. The state heard testimony which revealed that Simmons had more criminal convictions than he previously disclosed in his license applications.

“In this day and age, we can’t even find a presidential candidate without a record,” Simmons said Wednesday. “But I’m easy target. I’m easy pickings.”

City councilors denied pool hall owner Craig A. Simmons Jr. a liquor license for his business in October, citing the convictions of three men for selling cocaine inside or near Homeport Billiards. That undercover sting operation was conducted in 1998 by the Maine Drug Enforcement Agency and Rockland Police and resulted in the arrest of the men, who were not employees of Homeport Billiards.

The council also based its ruling on Simmons being fined by an administrative court for “allowing” those sales of cocaine on his premises. Simmons has an appeal pending on the definition of “allowing” the drug deals. All along, Simmons has contended that he was unaware of the undercover dealings and that the drugs were brought to his business rather than originating from his pool hall.

“I think the liquor commission jumped the gun,” Simmons said, referring to his unresolved appeal with the administrative court.

“It has nothing to do with serving liquor,” he said of the bureau’s decision. “It has to do with shutting me down.”

Also in October, the council denied issuing Simmons his billiard room, amusement device and victualer’s licenses, which are required to do business. Those licenses are pending appeal in Knox County Superior Court, city attorney Greg Dorr said Wednesday.

Asked if he could operate the poolroom without serving alcohol, he said, “There’s no way I could pay my bills.”

Dorr declined comment on the liquor bureau’s decision.

Simmons definitely intends to appeal the bureau’s decision to the administrative court, he said, noting that he has 30 days to do so. He did not know when his appeal of the previous administrative court fine of $1,023 for “allowing” cocaine sales would be heard.

According to Simmons, he will be able to continue operating until the appeals are heard through a temporary license, which was issued by the court when the council rejected his liquor license application. The order signed by Cayford Wednesday states that Simmons’ temporary license will expire in 30 days.

Simmons’ attorney, Steven Peterson of Rockport, was unavailable for comment.

When Simmons applied for a license, police Chief Alfred Ockenfels had also raised concerns over several disorderly conduct complaints, six parking problems at the business and numerous nuisance calls to the business.

Among those who testified were Rockland police Lt. William Donnelly, City Manager Tom Hall and Councilor Carol Maines.

Simmons’ attorney voiced a “standing objection” throughout Donnelly’s testimony about the sting operation, because he was not involved in the 1998 undercover probe. Donnelly’s only knowledge of the case was from reading reports, Peterson argued.

Since Simmons opened Homeport Billiards in 1997, he said, “my record’s been impeccable. How am I supposed to stop it, if it’s undercover.”

Simmons was uncertain what he will do if he ultimately loses all appeals.

“I’ve got to live here,” he said. “I’ve lived here all my life.”