MIDDLETOWN — A misunderstanding regarding a city councilman and an unpaid bar tab led police to be called to the Applebee’s on Towne Boulevard Wednesday night.

According to Middletown police, the dispute happened around 11:30 p.m. Wednesday after Second Ward Councilman A.J. Smith allegedly left the restaurant without paying for a beer he ordered.

When confronted by his server in the parking lot about the bill, the woman told police Smith cursed at her. She then told the first-term councilman she would call the law, to which he answered, “I am the law,” before speeding out of the parking lot in his car, according to the police report.

Smith, 21, said he went to Applebee’s with Economic Development Director Mike Robinette following an Airport Commission meeting. Smith said while at the restaurant, Robinette opened a bar tab and purchased him a beer. He said he also believed the second beer he ordered was going to be covered by Robinette’s tab as well.

After a confrontation with a female acquaintance inside the restaurant, Smith said he was asked to move or leave Applebee’s. It was while Smith was heading to the parking lot that he was accused of stealing the beer.

Smith admitted to cursing at the waitress, but denied claiming he “was the law.” In fact, Smith said he encouraged the waitress to call the police if she wanted.

“I am certainly not going to steal a drink that is $2.50,” Smith said. “I certainly didn’t make any threats to anybody.”

Restaurant employees told police Robinette had instructed the server not to place Smith’s second beer on his tab. However, when he learned Smith had neglected to pay for it, he did settle the bill.

Robinette said he did instruct the server not to place the beer on his tab, but said Smith may have been confused.

“I don’t think he heard what I told her,” Robinette said. “After he left, I was still there finishing my drink and the server asked if I was going to pay for that beer she didn’t put on my tab, so I paid for it.”

No criminal charges were filed in the case.

This is the second time Smith has been involved in a spat that resulted in police being called. On July 14, Smith was involved in an altercation with three other women. In that case, Smith requested all parties be charged with disorderly conduct; however, those charges were dropped in August 2010 prior to a trial.