Baltimore pizza shop reviewed by Barstool President Dave Portnoy faces liquor license challenges

BALTIMORE -- A Baltimore pizza shop that received a Christmas miracle in the form of $60,000 and a viral review on social media has for years been unsuccessful in obtaining a liquor license.

Will Fagg, the owner of TinyBrickOven in Federal Hill believes getting the license would help his business, but he continues to face challenges, telling WJZ the Board of Liquor License Commissioners said there's a cap on the amount of licenses being given.

"A lot of folks come to Federal Hill because they want drinks and food, not food and drinks," Fagg said.

Just before Christmas Eve, Fagg received what he said was a Christmas miracle when President of Barstool Sports, Dave Portnoy stopped by for one of his signature pizza reviews. The video has since gotten over 15 million views on Twitter/X.

During the video, Portnoy learns Fagg was planning to close TinyBrickOven on Christmas Day if he did not get financial support.

Fagg explained the business was not making enough money and cited the lack of a liquor license as part of the reason for closing.

"We can't get our liquor license here," Fagg said in the video. "Our politicians gave this market down here their liquor license, but they won't give us ours...it's really disappointing."

Why can't TinyBrickOven get a liquor license?

Fagg mentioned to WJZ that Cross Street Market -- located around the corner - has its liquor license.

Despite housing multiple businesses, the Cross Street Market was able to obtain a liquor license through a special clause, Rule 4.21 – Public Market License, which was created specifically for Cross Street and Lexington markets.

"We're in what they called the 'restricted rectangle,' and I was OK with that, as long as it was restricted for everyone," Fagg said. "But within just a month or two after its opening, the market reopened, and everybody inside was able to sell wine and beer."

Since at least 2023, Fagg has been using the pizza shop's website to call on the community for help, asking them to contact local lawmakers and encourage them to issue a liquor license. However, the solution may not be so easy.

Stephen Fogleman, an attorney and former chairman of Baltimore City's Board of Liquor License Commissioners, told WJZ the difficulty is because of where precinct lines and laws are drawn.

In the 1990s, lawmakers and the community thought there were too many bars in the city, and eventually, a state code was enacted on alcoholic beverages, stating that a liquor license cannot be transferred in Ward 23, Precinct 1, where TinyBrickOven is located.

"The elected officials in South Baltimore heard that from their constituents that there were simply too many bars," Fogleman said. "There were too many liquor licenses in their neighborhood, and as a result, legislation was passed to protect certain precincts." 

Fagg would have to find and purchase a liquor license that is already located in his designated zone and then have to submit a transfer application to the board to be reviewed in a public hearing.

"Certain legislation was passed, meaning that you could not move liquor licenses somewhere else in the city into that particular precinct," Fogleman said. 

Fogleman said the code is different at Cross Street Market, which allows liquor sales.

"Across the street, you could have a completely different situation as far as being able to get a liquor license," Fogleman said.

So why is the area so protected?"

"It's so protected because it is and was so popular," Fogleman said. "In fact, what that means is you have to wait for a business to close, or business someone to sell their license, in order to acquire a license within that precinct."

WJZ found out there is a website where businesses can sell their liquor licenses, but there are no laws addressing costs.

In order to change this rule, Fagg or other community members would have to lobby lawmakers to revise the law.

How many liquor licenses are available?

WJZ found there are about 35 liquor licenses within Ward 23, Precinct 1 according to data available online through the city. 

"If we get a lot of great people behind a great idea it can certainly happen," said Fagg.

Fagg explained to WJZ he did reach out to local lawmakers to see if there could be a change, but so far not much has happened.