NORFOLK— The state should allow a one-time cocaine trafficker-turned-church-going businessman to be more involved in the operation of a nightclub, his attorney argued Tuesday at a Virginia Alcoholic Beverage Control hearing.
Kenny Bullock is asking for permission to be an ABC manager at The Palace on Plume Street. But Commonwealth’s Attorney Greg Underwood appeared as a witness at the hearing and argued that a 1995 cocaine conviction makes Bullock unfit.
The nightclub generated scrutiny last year after the city’s Bar Task Force complained about code violations and a man was fatally shot on Interstate 264 following an incident that authorities said started inside the club.
However, Bullock has near unanimous support from the Norfolk City Council, which voted 6-1 in December to endorse him as an ABC manager. Additionally, Gov. Bob McDonnell has sent Bullock a letter restoring his right to vote and hold elected office – facts his lawyer, Kevin Martingayle, brought up in the hearing, held in Chesapeake. Hearing officer Clara A. Williamson will issue an opinion about whether Bullock can be a manager.
Restaurants are required to have an ABC manager on duty. Martingayle called Bullock’s conviction “very old” and said it made no sense for Underwood to oppose his request when the City Council and governor had taken steps to help Bullock. “He is fully appropriate to serve as ABC manager,” Martingayle said.
Underwood said “the commonwealth” opposed Bullock’s request – something Martingayle contested because he said Underwood was speaking as one commonwealth’s attorney.
Bullock’s felony conviction wasn’t for something less serious like stolen property or bad checks, Underwood argued.
“Alcohol is a drug. He wants to be in charge of distributing drugs and have a license to distribute the drug alcohol,” Underwood said.
Bullock was convicted in federal court of intent to distribute cocaine after Maryland state troopers found 21 pounds of cocaine, $2,000 in cash and a clip of ammunition in his car. He served time in prison and completed probation.
Bullock testified he was a changed man, helps people in need through his church and runs a construction company called Kebco.
“I’m not the same person I was, you know, about 20 years ago,” he said. “You want to do better. You don’t want to go down that same road again.”
The Palace has succeeded so far in a city that closely regulates its bars and entertainment.
The Palace opened a little more than a year ago after Norfolk shut down nightclubs in Waterside that required a large police presence and had made city officials weary.
Curt Anderson, who initially was listed as a co-owner of The Palace, was a paid campaign staffer to Vice Mayor Anthony Burfoot. Bullock donated $2,000 to Burfoot’s re-election.
Following complaints from the Bar Task Force and the Aug. 6 shooting of Timothy Jenkins, Burfoot called for The Palace’s liquor license to be revoked and said he would push the council to do so.
Burfoot never brought it up, however, and Councilman Tommy Smigiel was the only member to vote against Bullock last month. Burfoot could not be reached Tuesday.
Christopher Falk, an attorney for Bullock who attended Tuesday’s hearing, identified himself as the corporate president of The Palace.
Bullock owns the building, at 200 E. Plume St.
R.J. Turner, the ABC law enforcement agent who worked on the case, said the agency is “neutral” in regard to Bullock’s request. Sharon Chamberlin, Norfolk’s interim police chief, wrote a letter of opposition.
By Patrick Wilson
The Virginian-Pilot
© January 11, 2012