NEW ULM — Testimony from two police officers and two other people attending a July 27 street dance outside the B & L Bar in downtown New Ulm was heard at an evidentiary hearing in Brown County District Court Thursday.

Misdemeanor charges of a liquor license violation were filed against B & L Bar, Inc., and Ricky A. Kamm of New Ulm. At an Oct. 4 arraignment, Kamm said he retained New Ulm attorney Dustan Cross, wished to plead not guilty and requested a jury trial, set for 1p.m., Wednesday, Nov. 20.

Cross said Oct. 4 that the charges are defective, that witnesses don’t have sufficient probable cause and the case is selective prosecution.

According to court documents, New Ulm Police officers Chris Lee and Tara Martin were on foot patrol at about 10:45 p.m. July 27 when they observed a large crowd standing on the street, outside the B & L Bar, 15 N. Minnesota St.

Lee testified Thursday that he and Martin talked to a few people who went into the B & L and Mowan’s Bar after they were told they could not drink alcoholic beverages in the street. Police found B & L Bar owner Ricky Kamm who worked at the bar during the dance. Kamm said he would have those who were drinking alcoholic beverages come back closer to the bar.

Police said they saw several people walking around downtown with open bottles or partially-consumed alcoholic drinks.

Lee testified that he told people with drinks to be within four feet of the front of the bar which was the maximum distance allowed according to the liquor license granted to the bar.

Under cross examination from Cross, Lee testified that the drinks were not seized or tested and the people carrying them were not cited.

New Ulm Police Chief Dave Borchert testified that he had concerns about managing a large amount of people at a street dance but that Kamm told him he would manage it and invited police to visit the event.

“I said we’d do periodic checks to keep people in the restricted area,” Borchert testified.

According to the complaint, dance attendee Elliot Braulick was interviewed by police a couple of days after the street dance and said he saw alcohol being passed around and knew there was alcohol in the street. Braulick and another witness, Janette Koehler, said they took beverages from the B & L outside the licensed area.

Braulick testified Thursday that he didn’t recall seeing people with beer bottles, saw some people with cups but wasn’t sure if they were in the street or in the “sidewalk cafe” outside the bar.

Braulick testified he saw Kamm coming out of the bar and telling people to stand behind the curb in front of the bar.

Fritz Busch can be emailed at fbusch@nujournal.com.