U Street ANC Asks Attorney General Opinion on Liquor License for Shared Office Space

At its regular monthly meeting March 10, Advisory Neighborhood Commission (ANC) 1B/U Street voted unanimously to ask the the office of the DC Attorney General to weight in on the matter of the requirement of a liquor license for DC branch of WeWork, located in the Wonder Bread Factory (641 S Street NW) in Shaw. This may set a precedent for all shared office space establishments in DC.

Wonder Bread Factory in 2013

"This is actually a very important issue to tackle," said ANC1B Chair James Turner (Commissioner for district 09).

DC's Alcoholic Beverage Control (ABC) Board has reviewed the case and issued a temporary liquor license to WeWork, according to page six of this March 4 document. This would allow WeWork to continue its practice of supplying beer free of extra charge to the tenants of its shared workspace for tech start-ups.   The ABC Board is presumably considering the issuance of a long-term Class C multi-purpose facility liquor license, which normally might cost around $2000 and be valid until March 2016.

WeWork, a multi-national company specializing in shared office space, had been providing a common refrigerator stocked with beer, as well as non-alcoholic beverages, to clients at its three DC locations until it was visited by the enforcement branch of DC's liquor-licensing authorities -- see SALM blog post here. While WeWork will probably not have difficulty getting a liquor license, the ANC brought up the possibility that WeWork doesn't actually need a liquor license as long as meets certain basic requirements -- similar to the 2014 case of a U Street art gallery reported here.

ANC1B voted to send a letter to the ABC Board supporting the contention that WeWork did not need a license. However, it was reported at the meeting that the ABC Board found aginst WeWork, meaning, WeWork is required to get a liquor license. This decision sets a precedent for all providers of shared office space in the district.

In addition, Commissioner Brian Footer (district 01) said: "It doesn't make sense."

Commissioners also reported advocates for WeWork had been given bad advice and had "made a poor argument during the basic finding hearing" at the ABC Board.

The DC Attorney General's office is not obligated to agree with ANC opinion, of course, but it is obligated to respond to a letter from the ANC.

In addition to the Wonder Bread Factory location, WeWork also has branches in Dupont Circle (1875 Connecticut Avenue) and Chinatown (718 7th Street).

Cork Market In Danger of Losing Liquor License over Ownership Issues

DC's Alcoholic Beverage Control (ABC) Board is investigating Cork Market & Tasting Room (1805 14th Street NW) for possible "ownership interest issues". According to ABC Board document available here, the ABC Board is investigating to determine if it is appropriate to forward the matter to the DC Office of the Attorney General for prosecution, and to determine if the ABC Board can legally renew their liquor license.

A hearing on the matter was scheduled for yesterday, February 25, at the ABC's Board offices at the Reeves Center (14th and U Streets). The hearing was postponed until April 22.

The ABC Board document cited above asks the proprietors of Cork Market & Tasting Room, Diane Gross and Khalid Pitts, to supply all bank records for the establishment plus their federal income tax returns for 2012 and 2013.

The document also said the Board was looking into whether Cork was "not in compliance" with several parts of the DC Code. One of them is section 25-301 (a)(5), which states that, before the ABC Board will issue or renew a liquor license, the applicant must be able to show that he or she

is the true and actual owner of the establishment for which the license is sought, and he or she intends to carry on the business for himself or herself and not as the agent of any other individual, partnership, association, limited liability company, or corporation not identified in the application.

Another section cited is section 25-403 which states in part

The making of a false statement, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the Board, constitute sufficient cause for denial of the application or revocation of the license.

Khalid Pitts ran unsuccessfully for an At-Large City Council seat last year. His Linked In profile says he is active in an executive capacity in a number of other organizations, including Democracy Partners, DC Health Link, and USAction.

Cork Market & Tasting Room's sister establishment, Cork Wine Bar, is located across the street at 1720 14th Street. It is not named in the ABC Board document. Cork Wine Bar was one of the first upscale establishments to appear on 14th Street. It won Pitts and Gross the title Restaurateurs of the Year from Washingtonian Magazine in 2009.

All Souls Bar Meets Opposition to Outside Service

David Batista, owner/operator of All Souls Bar (725 T Street NW), came before the liquor licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on February 18 to re-open the question of outside service. He met opposition from neighbors, at least one of whom is on the committee.

Lot on the left, normally grassy, was recently snowy.

"We've been open for 14 months. We've been good neighbors," Batista said.

Batista asked the committee to consider approving a patio to be located on a large grassy lot (see photo) adjacent to All Souls Bar on the west, facing 8th Street. Batista characterized the area "a city lot that we maintain". However, everyone agreed, it is not public space in the sense that the sidewalk is public space. Public records available at Property Quest, DC's public land-use database, indicate that the grassy area and the bar building are located on a single lot of property. The place in the database where the name and address of the lot owner normally appears is blank.

There is a much smaller paved area in front of the bar, and allowing outside seating there was discussed as a substitute for or an addition to the outside seating as Batista requested it.

Batista also told the committee that his appearance was supposed to be the beginning of a dialogue and no official request had been filed. Batista said he hoped the outside seating could be open until 11pm Sunday to Thursday and 1am on Friday and Saturday, and that there would be no music, live or recorded, outside the bar.

In June 2012, All Souls Bar was granted a liquor license by DC's Alcoholic Beverage Regulation Administration (ABRA) despite strong opposition centering on the bar's location across T Street from Cleveland Elementary School (1825 18th Street NW). Unusually for a liquor license application, the hearing of the case of All Souls Bar in March 2012 generated TV news coverage from WJLA (Channel 7) -- see video here.

Batista told the committee he had intended to have outside seating from the bar's opening but had withdrawn the request from his original application in the hopes it would make the process go more smoothly. 

Of the four people who came to the meeting to object to outside seating, none of them identified themselves as having a connection to Cleveland Elementary School. All of them self-identified as neighbors. 

"We don't want a patio," said one neighbor, who is also a member of the committee.

Another neighbor, who owns an abutting property, told the committee that the neighbors had fought for a settlement agreement with All Souls that excluded outside seating, and that they did not want the agreement changed. The tenant of the same abutting property also appeared and said she was against outside seating.

Yet another neighbor said he was against the bar at its opening but was now a customer of All Souls Bar. Still, he said, he was against outside service.

No vote was taken on the request. ANC1B Commissioners will take on the difficult task of finding common ground between the parties and negotiating an agreement

See the 2012 ABRA order issuing a liquor license to All Souls Bar here. The settlement agreement with the neighbors is attached as the final two pages of the 13-page .pdf document.

The 2012 application was the subject of coverage in many blogs, including Borderstan, Popville, GrassrootsDC, and Greater Greater Washington.

Heritage India/The Zanzibar: DC "Will Permanently Ban" Entertainment, Promoters

DC's Alcoholic Beverage Control (ABC) Board "will permanently ban" entertainment, including DJs, from the establishment known as the restaurant Heritage India during the day and at night as The Zanzibar or The New Zanizbar (1901 Pennsylvania Avenue NW), the Board said in an announcement on Friday, January 16. As part of the ban, the establishment will be forbidden from charging a cover, having live music, or engaging promoters.

The latest word from DC government

However, the establishment may still be able to re-gain its liquor license pending further deliberations by the ABC Board, the announcement said. This might allow the establishment to continue functioning as a conventional restaurant.

The decision to ban entertainment came in the wake of a January 3 incident where a patron was stabbed in a late-night melee.

At its regular monthly meeting on January 14, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted unanimously to send a letter to the ABC Board which urged the establishment be permanently shuttered.

"ANC2B believes this event indicates an emerging pattern of violence at this establishment," the letter said.

The letter recalls that, in November 2011, the establishment, operating at a different location in Dupont Circle, was the sight of a gunfight in which one man was killed and five wounded. The next month, the ABC Board cancelled the entertainment endorsement on the establishment's liquor license, ordered the establishment to close by midnight, and ordered a security plan.

The letter continues:

In the Spring of 2014, Heritage India approached ANC2B and requested changes to their negotiated settlement agreement to allow for entertainment and other late-night activities at the Pennsylvania Ave location. The ANC was willing to negotiate a new agreement with the owners and one was reached in May to allow for entertainment and promotion activities.

At the January 14 meeting, ANC2B Commissioner Stephanie Maltz recalled: "I spent a lot of time on this. They brought a very detailed security plan and hired a firm with a proven record in DC."

However, according to information given at the ANC meeting (citing a police report on the January 3 incident), when push came to shove, the staff did not follow the security plan. A Washington Post article on the melee said there were only four staff members on duty for "250 to 275" patrons, in violation of the security plan which mandated one guard for every 50 patrons. The Post article also says security camera footage shows club employees mopping up blood before the police had a chance to investigate, in spite of efforts of one of the victim's friends to wrestle the mop away to preserve the crime scene.

"They clearly didn't care," said Commissioner Patrick Kennedy, visiting ANC2B from neighboring ANC 2A/Foggy Bottom. "There is no remedy short of revocation."

In its announcement, the ABC Board said it had referred the case to the DC Attorney General's office to bring formal charges against Heritage India. If charges are brought, it may generate the need for further ABC Board hearings. The Board promised to announce any future hearings on its web site.

CORRECTED: DC Liquor Licensing Chief on Proposed New Legislation, Rules

CORRECTED (1:30pm): I incorrectly stated that all of the changes below would be contained in the new legislation to be considered by the City Council. In fact, some of the changes will be part of the legislation, and other changes will be part of a separate set of ABRA rule changes. The article underwent some rewriting as a result. Thanks to Jessie Cornelius of ABRA for the information, and apologies for any inconvenience caused.

Fred Moosally, Director of DC's Alcohol Beverage Regulation Administration (ABRA), spoke on September 17 about two proposed new tweaks to DC's alcoholic beverage control regime. He told a meeting of the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle that a City Council hearing on the a bill is scheduled for October 16 at 10am. The new legislation would amend the Omnibus Alcoholic Beverage Regulation Amendment Act of 2012.

Moosally (standing) speaks at the meeting

This new legislation is called "The Omnibus Alcoholic Beverage Regulation Amendment Act of 2014" and is Bill 20-902.

The second legislative item are new proposed rules, which are separate and require a 30-day public comment period. There will also be a separate public hearing on the regulations.

"The last draft I saw is a lengthy document," Moosally said, referring to new proposed rules.

Moosally said one of the aims of the proposed change to the 2012 law was to clarify of the rights of abutting property owners to liquor licensees. Some background: Under the 2012 bill, Section 25-609 of the District of Columbia Official Code was changed. This section concerned procedures when groups protest the issuance or amendment of liquor licenses. It changed the existing procedure so ABRA would automatically dismiss the liquor-license protests "groups of five or more" (usually neighbors of the establishment) if the local ANC reaches an agreement with the licensee -- see, for example, the cases reported in SALM blog posts of June 19, 2014, and November 18, 2013.

However, the 2012 bill was "silent", Moosally said, on the rights of abutting property owners, that is, property owners who share a property line with a liquor licensee. The new law would make explicit that, unlike "groups of five", a protest by an abutting property owner would not be automatically dismissed in the event of a licensee agreement with an ANC.

Another issue to be addressed in Bill 20-902 concerns what happens to liquor-licensing "settlement agreements" when an establishment moves. Currently, Moosally said, settlement agreements run with the liquor license. However, if an establishment moves, the old settlement agreement may be inappropriate. An example given at the meeting was if an existing settlement agreement included language about the use of a second floor of a building, and then a licensee moved to a new location with only one floor.

Another change, Moosally said, would concern "what happens when a licensee doesn't show up for a hearing". This would be addressed in the rule change. During the liquor license protest process, there are many hearings, held during daytime working hours. If a licensee shows up for a hearing but a protesting group doesn't, often the protest is permanently dismissed. On the other hand, if a protesting group shows up but a liquor licensee doesn't, the hearing is often rescheduled. Proposed amendments could change the law rules so that the two parties are on a more equal footing in this respect.

Under the projected change, "the settlement agreement does not move to a new location," Moosally said.

"Any time you're moving to a new location, you have to be placarded," Moosally  said, meaning, there must be a 60-day period when the establishment displays a large placard, inviting public comment, in a highly visible space at its existing or possible future place of business.

Yet another issue is liquor license "safekeeping". Unused liquor licenses sometimes stay in a state of safekeeping for years. The new law rule would make it easier for ABRA to revoke long-unused liquor licenses.

Another proposed change would amend certain details involving noise violations. As it stands now, an establishment with a liquor-license can only be cited once every 30 days for noise violations. The change would mean liquor licensees could be cited more frequently.

Noise from liquor licensees was the subject of much discussion at the meeting. The inter-agency noise task force, which started in March and includes members of ABRA, the Department of Consumer and Regulatory Affairs (DCRA), and the police, is still in operation, Moosally said. It is operating from 10pm to 3am on Fridays, Saturdays, and "some Sundays". During those hours only, the public can contact the task force with noise complaints at 202-329-6347.

Neighborhood residents told Moosally the process to force liquor licensees to obey noise regulation was still too slow and cumbersome. Neighbors with complaints often had to take multiple days off work over the period of more than a year, at the end of which the offending establishment might have to pay a $250 fine.

The result, one local resident said, was that one habitual noise violator in a neighborhood would turn a community against all restaurants. Any new establishment, no matter how well intentioned, would find itself fighting its neighbors every step of the way, since the neighbors felt that, once an establishment received a license, the establishment could do as it pleased.

"We'd like to see an ABRA starting violation at $1000," the resident said.

ANC2F Commissioners John Fanning (district 04) and Jim Lamare (05) were at the meeting, as well candidates for ANC2F seats in the November election. Fanning is the chair of ANC2F's liquor-licensing affairs committee.

The next scheduled meeting of the full ANC is on Wednesday, October 1, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle).

ANC1B Joins Protest Against MOVA Lounge

Advisory Neighborhood Commission (ANC) 1B/U Street has joined the Meridian Hill Neighborhood Association (MHNA) in protesting the liquor license renewal application of MOVA Lounge (2204 14th Street NW). The ANC voted to protest at its regular monthly meeting on February 6.

MOVA Lounge with placards last week

Last year, the ANC had voted to endorse MOVA Lounge's application in what
seemed at the time to be a routine case with no neighborhood concerns. After it seemed too late to reverse its decision, ANC1B learned that late-night noise from MOVA Lounge's rooftop garden had caused the MHNA and a group of 19 neighbors to protest the renewal application.

An MHNA representative told an ANC1B Committee (see SALM blog post of December 3, 2013) the protesters were unaware the ANC was going to deliberate on this matter because MOVA Lounge had not properly displayed a placard announcing the renewal application.

D.C. liquor licensing authorities apparently agreed with the improper placarding claim. MOVA Lounge was compelled to start the renewal application process over. This gave ANC1B the opportunity to weigh in the on side of the protestors.

At the February 6 ANC meeting, no representative of MOVA Lounge appeared, nor did MOVA Lounge respond to an invitation to attend a February 18 MHNA meeting where the matter was discussed.

At the February 18 meeting, a representative of the neighbors at 1407 W Street said the group had sent "about five emails" to MOVA's lawyer Andrew Klein. There was "zero response", he said.

MOVA Lounge has a rooftop garden at the rear of its building. At its closest point, it is separated from 1407 W Street only by a narrow alley. The 1407 W Street representative told the MHNA that amplified music from MOVA Lounge could be heard until 3am some evenings.

"We are not aggressively against MOVA Lounge," he said.

MHNA voted to continue the protest "in hope of establishing a settlement agreement" with MOVA Lounge.

At the MHNA meeting, Commissioner Ricardo Reinoso (district 05) said ANC1B's protest letter was "signed and ready to be delivered" before a March 3 deadline.

This is the second time in less than a month that a midcity liquor licensee has been tripped up by the placarding process. Last month, after accusations of improper placarding set the process back to square one, ANC 2F/Logan Circle voted to protest the new liquor license for Xavier Cervera's new Blagden Alley restaurant, The American -- see SALM blog post of February 11.

The MOVA Lounge vote was unanimous, with Commissioner Tony Norman (district 10) abstaining. Commissioners Sedrick Muhammed (district 02) and Deborah Thomas (district 03) were not present at the ANC meeting.

MOVA Lounge is in the ANC district of Commissioner Thomas.

No Entertainment License for Ghana Cafe

D.C.'s Alcoholic Beverage Control (ABC) Board has rejected a request that would have enabled the Ghana Cafe (1336 14th Street NW) to feature live entertainment, potentially until 2 am. The decision came at an ABC Board public hearing on January 15 (see .pdf here).

(Luis Gomez Photos - used by permission)

A group of neighbors, all of whom live in nearby properties on the 1400 block of Rhode Island Avenue, protested Ghana Cafe's request to amend its liquor license to allow live entertainment. The neighbors and Ghana Cafe are parties to a settlement agreement. Some of the neighbors' concerns centered around whether Ghana Cafe has previously honored the terms and conditions of the settlement agreement. The neighbors also wished the details about the proposed live entertainment to be more clearly defined, and enforcement of any amended agreement spelled out.

Attempts by a D.C. government mediator to reach an agreement prior to the meeting were unsuccessful.

At the meeting, ABC Board chair Ruthanne Miller said Ghana Cafe's request should be dismissed because an entertainment endorsement would be in violation of the settlement agreement. Tony Opare, the owner of the Ghana Cafe, said the settlement agreement should be voided because he had been unable to set up a sidewalk cafe as the originally envisioned in the settlement agreement. Miller did not accept this argument.

Then, the motion to dismiss the application was made, seconded, and approved by the ABC Board. Left unanswered were the questions regarding the appropriateness of a restaurant being allowed to modify their agreements and being allowed to host live entertainment until 2 am.

Advisory Neighborhood Commission (ANC) 2F/Logan Circle had a representative at the meeting and is another party to the settlement agreement. It was signed in 2009, at which time settlement agreements were called "voluntary agreements". A copy of the agreement is available as a .pdf document here, starting at page four.

ANC2F's efforts to mediate between the parties was the subject of the December 20, 2013, SALM blog post. ANC2F voted to protest Cafe Ghana's request for an entertainment endorsement on its liquor license in October 2013.

A settlement agreement is an agreement between a liquor-serving establishment and other interested parties. They often address topics such as hours of operation, noise levels, vermin control, parking, and outside service. See a model settlement agreement here.

Bar Charley Community Meeting: 14 Against, 3 For

A community meeting took place at the Dupont Circle Hotel last night, January 15, to discuss the application by Bar Charley (1825 18th Street NW) to extend its liquor license hours. Elected and non-elected government officials, Bar Charley management, and representatives of community groups all attended, but no compromise seemed on the horizon.

Bar Charley is seeking permission to stay open three hours later, seven days a week -- until 2am Monday to Thursday, and 3am Friday, Saturday, and the day before holidays. These are the normal hours of operation for liquor-serving establishments in D.C., although not in the neighborhood where Bar Charley is located. Bars in this neighborhood often stop serving at 11pm Monday to Thursday, and midnight Friday, Saturday, and the day before holidays, or earlier.

Bar Charley is located between Swann and T Streets

I counted 14 individuals who spoke against the request to extend Bar Charley's hours, and three individuals who spoke for.

Bar Charley is in district 08 of Advisory Neighborhood Commission (ANC) 2B/Dupont Circle. The ANC Commissioner for this district is Will Stephens, who is also the chair of ANC2B. On his blog, Stephens explained that the purpose of the meeting was "to have a more full discussion than is possible at an ANC meeting, where ... there is often not any opportunity to discuss items for more than about 15 – 20 minutes maximum."

At the meeting, Bar Charley co-owner Jackie Greenbaum said, "We have a bunch of people who are supportive. We've gotten a lot of signatures from a lot of people."

But very few of these people were present at the meeting, and the anti-Bar Charley forces were able to muster their troops. Representatives of the Dupont Circle Citizens Association (DCCA) and a group of 105 people, both of which have standing to protest Bar Charley's application before D.C.'s liquor licensing authorities, showed up to state their continued opposition to extended opening hours.

Many people who were against the extension of Bar Charley's opening hours felt it necessary to preface their remarks by stating they were not anti-business in general or against Bar Charley in particular. A sample of remarks:

• "I have seen the neighborhood changed. We have paddy wagons in the street. This summer I could not believe the noise."
• "Nobody in this area is anti-business. It's just that three in the morning is anti-us."
• "We disagree with the hours. They are not conducive to a sane and happy neighborhood. People work, people go to school. They need to get some rest."
• "You told the [Washington] Post that you wanted to be part of the neighborhood. We need to have an agreement. You need to please us. You're losing a substantial chunk of the people here."
• "We are very uncomfortable with the clients that you're likely to have at later hours."

A woman identified as the longest continuous resident of the neighborhood, living in the 1800 block of New Hampshire Avenue since 1954, also declared herself against extending the liquor-service hours.

Attempts at compromise solutions went nowhere. A suggestion to extend liquor-serving hours for one additional hour met objection from both sides. A suggestion to put off the decision for a year while "we [the community] get to know you" similarly went nowhere.

The next step may take place on February 11. On this date, D.C.'s liquor-licensing authorities will attempt to begin mediation between Bar Charley and the three groups officially protesting longer liquor-service hours, i.e., ANC2B, the DCCA, and the group of 105.

The application for extended hours was also discussed at November 13, 2013, meeting of ANC2B -- see SALM post of November 18, 2013 and a November 14, 2013 article from the blog Barred in DC.

Ghana Cafe: ANC2F Meeting Accomplishes Nothing

A committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle had a long and acrimonious multi-sided debate about the Ghana Cafe (1336 14th Street NW) during its December 18 meeting. In the end, not much changed, except everybody was more aggravated. The committee voted to recommend to a continuation of the current ANC2F protest against Ghana Cafe's request for an amendment to its liquor license.

Ghana Cafe moved to 14th Street in 2009

Ghana Cafe seeks an entertainment endorsement on its liquor license. This will allow it to host live music.

The meeting got ugly. In the end, Ghana Cafe owner Tony Opare called members of ANC2F's Alcohol Policy Committee (APC) "racist", after he was denied the opportunity to continue the long and repetitious argument with committee members and protesting neighbors.

Both sides seemed to feel they would lose some important part of the argument if they were not allowed to have the last word, even if that meant repeating what they had said only a few minutes before.

There had been an attempt at mediation by D.C.'s Alcoholic Beverage Regulation Administration (ABRA), but it apparently was going nowhere. The real issue seemed to be that the protesting group of neighbors plainly wished to demonstrate that Opare had not lived up to agreements in the past, which damaged his credibility and made negotiating another agreement a waste of time.

"There is no evidence that he'll live up to his agreement," one neighbor said.

The protesting neighbors all live on the 1400 block of Rhode Island Avenue. Many of them live in an abutting property.

The protesting neighbors provided a long and well-documented list of occasions where the existing settlement agreement had not been honored. For example, the agreement calls for no parking in the area behind the Ghana Cafe. The protesting neighbors presented 13 photographs of 13 different days in June 2013 when Opare parked his personal car in the area.

Opare said that he had gotten a permit from the District Department of Transportation (DDOT) to park in the space. The committee explained that, permit or not, he had signed an agreement saying he would not park in the space. Opera argued that, once he received the DDOT permit, he was allowed to park there.

The debate ranged over a wide variety of issues, including noise, vermin control, trash collection, valet parking, deliveries, the content of Ghana Cafe's website, and the sale of Ghana Cafe Sauce at the P Street Whole Foods.

Opare did not help his own case by making statements which were demonstrably false, like when he claimed that D.C. health inspectors had recently come to his restaurant and "found nothing wrong".

"We passed with flying colors," he said.

It took committee members a few short minutes on their smartphones to find records showing Ghana Cafe had been cited for three critical violations of health code regulations on December 11 and six critical violations on July 31.

ANC2F Commissioner Jim Lamare (district 05) eventually came to the defense of Opare and the Ghana Cafe, saying that the neighbors were seeking to put him out of business. Lamare was the sole vote against continuing the ANC protest against Ghana Cafe's entertainment endorsement request. The vote was three for and one against, with Commissioner John Fanning (district 04) abstaining.

Fanning is the chair of the liquor-licensing affairs committee.

The full ANC2F will probably take up the matter of the Ghana Cafe again when it next meets. The meeting is scheduled for Wednesday, January 8, 2014, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle).

The conflict between Ghana Cafe and its neighbors about the entertainment endorsement on its liquor license was the subject of the October 10 SALM blog post.

Neighbors, Civic Association Protest Mova Lounge

2204 14th Street in 2011

An representative of the Meridian Hill Neighborhood Association has said the Association, plus a group of 19 citizens, will protest the application by Mova Lounge (2204 14th Street NW) for a renewal of its liquor license. The liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street heard on November 25 that the residents of the nearby residential condominium at 1407 W Street were concerned about the noise level coming from Mova Lounge's outside deck.

"The deck is literally 20 feet from our windows," the representative said.

Mova Lounge's application for the renewal of its liquor license had been endorsed by the full ANC1B at its previous monthly meeting along with a host of others. There had been no protests or neighborhood concerns voiced against Mova Lounge, so it was treated as a routine matter. ANC1B's endorsement has already been sent to D.C.'s liquor licensing authorities, and cannot be withdrawn.

The man from the Meridian Hill Neighborhood Association claimed Mova Lounge had not "placarded" the liquor license renewal application, meaning, it had not posted the mandatory large red signs in the window of their establishment, notifying the public of the opportunity to protest a liquor license renewal.

As a result, neighbors were unaware that ANC1B was considering Mova Lounge's license, so no one from the community came to voice concerns about the noise coming from Mova Lounge's roof desk.

A member of the committee said if the allegations about the placards can be substantiated, then Mova Lounge's liquor license application would move back to square one and the whole process would start from the beginning. This time, however, ANC1B could join in the process.

In any event, the Meridian Hill Neighborhood Association and a group of 14 neighbors have standing to protest the liquor license. The representative of the Meridian Hill Neighborhood Association said the aim was simply an agreement with the club.

"We don't oppose their existance," he said.

(Photo credit: Google Street View)

Salina Restaurant: Liquor License Renewal Protest by ANC1B

The liquor licensing affairs committee of Advisory Neighborhood Committee (ANC) 1B/U Street decided on November 25 to protest the application by Salina Restaurant (1936 9th Street NW) for renewal of its liquor license. Since Salina's liquor license was last renewed, there was a homicide connected with the bar, as well as 10 liquor-license related violations. Additional public information indicates Salina has had problems with health inspections as well.

Salina Restaurant (Google Street View)

"This place has a lot of issues," said ANC1B Commissioner Jeremy Leffler (district 02). Leffler is the chair of the liquor-licensing affairs committee.

Leffler mentioned that there had been a homocide connected with the establishment during the last liquor license period. However, D.C. liquor-licensing authorities decided to take no action against Salina in connection with the incident. For more information about the May 2010 slaying, read a report by Washington City Paper here.

On October 6, 2010, Salina was ordered to install security cameras within 30 days.

Leffler also read to the committee a list of liquor-license related violations which led to a total of $10,000 in fines against the establishment during the period. Most of these violations seemed to be connected with inadequate bookkeeping.

Official documents show Salina Restaurant was closed by D.C. authorities on October 23, 2013, after failing to pay outstanding fines and fees. It was allowed to reopen the next day after the fines and fees were paid.

Also mentioned at the meeting were health violations connected to the restaurant. The website of D.C.'s Department of Health shows that inspectors found three or more critical violations every year for the last three years. The problems noted in the 2013 inspection reports included improper storage of raw chicken and fish, unclean work surfaces, and no soap or paper towels at staff sinks. There were inspections in August and September 2013.

The committee voted unanimously to protest the liquor-license renewal on the basis of peace, order, and quiet, and indicated it wished to see a security plan for the establishment.

Neighbor to Protest Liquor License Renewal of Lotus Lounge

Lotus Lounge (1420 K Street NW) will have its liquor license renewal protested by an abutting property owner, according to information was made public at the November 20 meeting of the liquor-licensing affairs committee of Advisory Neighborhood Committee (ANC) 2F/Logan Circle.

The protest will be brought by 1400 K Co., LLC, owners of the office building on the southwest corner of 14th and K Streets. 1400 K Co. seeks to have Lotus Lounge enter into a settlement agreement similar to the one 1400 K Co. has with another neighbor, The Park at 14th nightclub (920 14th Street).

The ongoing three-cornered struggle between ANC2F, 1400 K Co., and The Park at 14th nightclub has been the subject of previous SALM blog posts, most recently on November 14.

However, ANC2F will not join in the protest against Lotus Lounge. The deadline to petition D.C.'s Alcoholic Beverage Regulation Administration (ABRA) for standing in this case is December 2, but ANC2F would not have an opportunity to vote until its meeting of December 4. The liquor-licensing affairs committee decided to take no action on the case, and it will not seek to enter into a settlement agreement with Lotus Lounge.

Attorney wants agreements with two nightclubs

Attorney John Patrick Brown of the law firm of Greenstein DeLorme & Luchs is representing 1400 K Co. in both cases. At the November 20 meeting, he told the liquor-licensing affairs committee his client would sign the letter of protest against Lotus Lounge the following day. A protest will provide leverage in agreement negotiations.

"I have not communicated with Lotus," Brown said of the letter of protest.

Brown said Lotus Lounge, like The Park at 14th, had a "rich investigative history". In the case of the Lotus Lounge, this included brawling, shootings, and assaults on police officers.

Public documents indicate the Lotus Lounge was fined $4000 and required to suspend business for six days in June 2012 for "failure to have police detail".

A WUSA9 report (video available here) details a history of violent activity connected to the club, including the June 2011 case where a District Heights man was so severely beaten by off-duty D.C. police officers working as security for the nightclub that he lost an eye. Four D.C. police officers were indicted in June 2012 for assault, conspiracy, and perjury in connection with this incident, according to a Washington Post report.

Brown also noted that, although Lotus Lounge's official capacity is 239, its web site says the club's capacity is 400.

Brown said his client wouldn't mind if ANC2F delayed the process in order to join in. But when the committee did not express enthusiasm, Brown did not pursue the matter. 

"At the end of the day, the goal for my client is a voluntary agreement like The Park at 14th," Brown said.

A settlement agreement is sometimes entered into by liquor-serving establishments, ANCs, and third parties to codify arrangement concerning opening hours, trash pickup, valet parking, and other matters which may impact the public.

ANC2B, Bar Charley, and the Group of Five

November 18, 3:30pm - Note: In the title and some places in this article, I mistakenly wrote that the name of the bar was "Bar Charlie". Apologies for the error. Thanks to IMGoph for pointing this out. (This blogging platorm does not allow strikethrough in titles.)

Also, there is an update at the bottom of the article.

An obscure part of D.C.'s liquor license protest regulations may marginalize a group that wishes to protest longer opening hours for Bar Charlie Charley (1825 18th Street NW).

Advisory Neighborhood Commission 2B/Dupont Circle voted unanimously to protest the application by recently-opened Bar Charlie Charley to make a "substantial change" in its liquor license, specifically, to extend its hours of interior operation for an additional three hours a day, until 2am Monday - Thursday, and 3am Saturday - Sunday. The vote took place as part of ANC2B's marathon November 13 meeting.

Bar Charley replaced a Cajun restaurant.

The Dupont Circle Citizens Association (DCCA) and a group of five neighbors are also protesting.

For and against at the meeting, and before

First, Bar Charley's owner-operators put the case for extended hours, then ANC2B Chair Will Stephens (Commissioner for district 08, where Bar Charley is located) spoke in favor. Finally, four neighbors (three against, one in favor) also spoke. A woman from the 1700 block of Swann Street said she had 80 signatures on a petition against the extended hours. Her statement against the petition received applause by about 15 people in the audience.

Many other members of the community wished to comment but were not given permission to do so because of time constraints -- the ANC still had petitions from other restaurants, as well as foreign embassies and multiple property developers, to consider. Representatives of all these groups watched and waited, displaying various degrees of patience.

Meanwhile, an ill-tempered anonymous leaflet of leading "questions" for Stephens was distributed at the meeting. Example questions: "...why did you personally deliver leaflets supporting an establishment with pending business before your committee?" and "...why are you mischaracterizing the customary operating hours of our neighborhood restaurants... ?"

Stephens' web site also had hosted expressions of community opposition, both polite and not. Nine days before the ANC meeting, Stephens authored an article about Bar Charley's request. At the end of the article, Stephens said he planned to support the request for longer hours. This post drew community comment. In one comment, one anti-Bar Charlie Charley post called Stephens' claim of divided community opinion on Bar Charley "a blatant lie". Another respondent wrote to "respectfully disagree". Still another supported Bar Charley.

There was an additional comment made on Stephens' blog after the meeting: 

I would have loved to state [my opinion] in person at the meeting yesterday. Curiously enough there was not enough time for me to speak, after ample amount of time was dedicated to statements from all three owners of Bar Charley and yourself, all in defense of the license application.

Taken together, the anti-Bar Charley faction seemed determined to imply Stephens had made up his mind before the meeting and was doing Bar Charley's bidding.

Nevertheless, the ANC (including Stephens) voted to protest the application. The reason, according to a tweet from ANC2B Commissoner Kevin O'Connor (district 02): "Because DCCA & a group of 5 or more are protesting, we thought it best to be at the table. The owners [of Bar Charley] welcomed the idea."

The obscure rule

In addition to ANCs, two other types of entities can protest a liquor license application, renewal, or change. One is a registered community organization, which must hold public meetings and meet other requirements. The DCCA is such an organization. Its protest will having standing with D.C.'s Alcoholic Beverage Regulation Administration (ABRA), next to the ANC's protest.

The other type of entity that can protest is a group of five or more. This case also has such a protesting group.

There is an obscure ABRA rule part of D.C. law that says an agreement between an ANC and a liquor-licensee "bumps" a group of five's protest. To put it another way: If the ANC enters into a agreement with an establishment about opening hours, the group of five's protest will be dismissed automatically, whether the group of five is satisfied with the agreement or not.

If the recent behavior of Bar Charley's protesting neighbors is any indication of the character of the group of five, the group of five is more strongly opposed to the extended hours than ANC2B is. It may be difficult for Stephens and the ANC to convince the group of five and their allies that the ANC is really acting with their interests in mind.

A November 14 blog post by the web site Barred in DC provides more detail about this vote.

UPDATE:

After publication, I received the following information from ABRA. The section of the law which allows an ANC to "bump" a group of five is highlighted:

The law was recently updated by the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 as follows:

(w) Section 25-609 is amended as follows:

 (1) The existing language is designated as subsection (a).

 (2) The newly designated subsection (a) is amended as follows:

 (A) Strike the phrase “if any,” and insert the phrase “if any, and serve

a copy upon the applicant or licensee,” in its place.

 (B) Strike the phrase “Whether or not” and insert the word “Whether”

in its place.

 (C) Strike the phrase “The applicant” and insert the phrase “The

applicant or licensee” in its place.

 (3) A new subsection (b) is added to read as follows:

 “(b) In the event that an affected ANC submits a settlement agreement to the Board on a protested license application, the Board, upon its approval of the settlement agreement, shall dismiss any protest of a group of no fewer than 5 residents or property owners meeting the requirements of § 25-601(2). The Board shall not dismiss a protest filed by another affected ANC or by a citizens association meeting the requirements of § 25-601(3) upon the Board’s approval of an ANC’s settlement agreement submission.”

Liquor License Endorsements, Protests from ANC2F

Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted on a handful of liquor-license-related matters at its last regular monthly meeting on November 6. ANC2F voted to protest one liquor license application, and approve four others. It also voted to endorse a new settlement agreement with a "The American (soon to open in Blagden Alley), and against a request by The Park at 14th to terminate a settlement agreement.
A "settlement agreement" is often reached between an ANC and a liquor-serving establishment and codifies the establishment's operating hours and other details which effect the community.

The American

The roll-up garage door (right) was a bone of contention

ANC2F unanimously voted to support a settlement agreement negotiated between the ANC and Blagden Alley Entertainment, LLC., which will operate "The American" restaurant. The official address will be 1209 - 1213 10th Street NW, but the restaurant will actually be located in Blagden Alley, a historic district inside the block bordered by 9th, 10th, M, and N Streets. 

There was much community interest and some community opposition to the opening of The American. It was the subject of the September 24 SALM blog post.

Among the provisions of the settlement agreements are:

• The restaurant will close at 1 a.m. Monday - Thursday and 2 a.m. on Friday and Saturday.
• The outdoor consumption of food and drink will cease at 11 p.m. Sunday - Thursday and 1 a.m. Friday and Saturday.
• Outside music will cease at 11 p.m. Sunday - Thursday and 1 a.m. Friday and Saturday.
• Deliveries will be made by hand truck -- no trucks in Blagden Alley.
• The American will discourage smoking outside the restaurant.

The text of the entire settlement agreement is available here.

There were still a few neighborhood voices protesting the restaurant up until the very last minute. One attendee accused The American of hiding a mandatory public notice on a roll-up door, so that it was not visible to the public most of the time. The notice contained information about The American's liquor license application, including times and places when members of the public could attend hearings on the matter.

I took the picture accompanying this article (above) in September. The notices can be seen on the metal garage door in the right of the picture.

Commissioner John Fanning (district 04) would look into the allegation, which would be a violation of liquor-license regulations if proved true. Fanning is chair of ANC2F's liquor-licensing affairs committee.

The Park at 14th

ANC2F voted 7 - 1 to oppose the termination of the settlement agreement between The Park at 14th nightclub (920 14th Street), an abutting neighbor, and the ANC. The lone vote against was by ANC2F Chair Matt Raymond (Commissioner for district 07).

The Park at 14th's operators appeared before the full ANC at its last meeting on October 2nd to say they wished to terminate the agreement, comparing the agreement to handcuffs. This was reported in the October 9 SALM blog post.

The Park at 14th's operators also said the agreement was unfair because many of their competitors were not compelled to have a settlement agreement. It has been informal ANC2F policy for many years not to require settlement agreements for establishments south of Massachusetts Avenue, because the area is largely non-residential. It is not clear why The Park at 14th (which is in this area) became an exception to this policy. However, this anomaly led to accusations of bias against The Park at 14th's operators at the October ANC2F meeting.

The commissioner voted to make formal policy stating that all new and existing liquor licensees, no matter where in ANC2F they were, should come before the ANC to acquire, renew, or change the conditions of their liquor license. The vote was 7 - 1, with Commissioner Raymond once again the sole "no" vote.

Vita Lounge

ANC2F voted to protest the liquor license renewal request for Vita Lounge (1318 9th Street). It was reported the establishment had 28 violations of liquor-licensing rules. The manager had been called by the ANC and told the ANC she would not come to the ANC meeting.

ANC2F's liquor-licensing affairs committee had unanimously recommended the full ANC protest Vita Lounge's application. 

Sherri Kimbel, Director of Constituent Services for D.C. Councilmember Jack Evans, suggested ANC vote to make two separate protests against the Vita Lounge. One protest would concern its liquor license, the other protest would concern its cover charge, dancing, and entertainment endorsement. ANC2F followed her advice and passed two separate protest motions. 

Commissioner Greg Melcher (district 06) promised to contact the operator of the Vita Lounge about the protest. The Vita Lounge is in Melcher's ANC district.

Records show Vita Lounge was fined $750 in April for a violation of its settlement agreement. Another document shows Vita Lounge failed to pay this $750 file within 30 days as ordered. The same document indicates Vita Lounge had a further outstanding fine from January.

Separate records show Vita Lounge has an appointment to appear before D.C.'s Alcoholic Beverage Control (ABC) Board on December 4 because it "failed to comply with the terms of its offer of compromise dated October 24, 2012".

Routine approvals

The full ANC followed the recommendation of its liquor-licensing affairs committee to approve liquor license renewals for the following establishment: Capitale (1301 K Street), Ghibellina (1610 14th Street), Number Nine (1435 P Street), and Vegas Lounge (1415 P Street). There was no debate or discussion about these applications.

ANC2F's summary of the entire meeting of November 6 is available here.

Black Cat Liquor License Modification Passes Full ANC1B

Advisory Neighborhood Commission (ANC) 1B/U Street endorsed the request by the Black Cat (1811 18th Street) to modify its liquor license at its regular monthly meeting last night (Thursday, September 5). The vote was unanimous, 8-0. Four ANC1B Commissioners were absent.

The request now moves to DC's Alcoholic Beverage Control (ABC) Board.

Details about the proposed modification were reported previously here.

Black Cat Liquor License Modification Moves Forward

The liquor licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street tentatively approved the request of the Black Cat (1811 18th Street NW) for a substantial change to its liquor license. The changes will include moving dressing rooms from the first to the third floors and building a 1500-foot enclosed bar on the third floor. The proposed bar will have a capacity of 149 people.

(Luis Gomez Photos, used by permission)

The decision occurred last night (August 21) at the committee's regular monthly meeting at the Thurgood Marshall Center (1816 12th Street).

The approval is contingent on the endorsement of ANC 1B Commissioner Zahra Jilani. She is the Commissioner for district 12, in which the Black Cat is located. She was unable to attend the meeting, but sent someone to represent her. The representative said Zilani had some noise abatement concerns.

Assuming Jilani endorses the committee's vote, the committee's approval will probably be the subject of discussion and vote at the next meeting of the full ANC on Thursday, September 5. The meeting will start at 7pm at the Reeves Center (14th and U Streets).

An ANC approval is strictly advisory. The final decision lies with DC's Alcoholic Beverage Control (ABC) Board.

Dante Ferrando, owner/operator of the Black Cat, told the committee that the club would soon celebrate its twentieth anniversary. There have been no major changes for twelve years.

"We need to make some improvements," he said. Ferrando said that the club will remain flexible on the shape of the final design, pending negotiation with various DC authorities and other parties.

Ferrando also said the club has a roof deck license, but he is not using the license now and is not intending to turn the third-floor space into a roof deck.

The approval was unanimous. One committee member abstained, pleading conflict of interest.

The Black Cat's hearing before the ABC Board on its liquor license modification request will take place at 10am on September 30, on the fourth floor of the Reeves Center. See a copy of the announcement here.

ABC Board, “The Reef” Reach Tentative Safety Agreement After Stabbing

Brian Harrison, owner/operator of “The Reef”, a bar at 2446 18th Street in Adams Morgan, and DC government authorities have reached a tentative agreement to help the bar to change its ways. DC Police Chief Cathy Lanier closed the bar after an August 10 stabbing by a member of the bar's security staff. DC liquor control authorities have prolonged the closure on the basis of possible danger to the public.

On Friday, August 16, Harrison signed an “Offer of Compromise” with the DC Attorney General's office which should allow it to re-open soon. The Offer has not yet been accepted by the ABC Board.

18th Street, Adams Morgan (Wikipedia/Michiel1972)

At a hearing that day, Harrison and Fernando Rivero, Assistant Attorney General at the Office of the Attorney General for the District of Columbia, told DC's Alcoholic Beverage Control (ABC) Board they had reached a tentative agreement about a program of improvements to the club's security staff, apparatus, and procedures. They sought Board approval so the club can reopen.

The Stabbing

According to testimony at the hearing, the member of the bar's security staff who did the stabbing was on probation for armed robbery. He allegedly held the victim in a headlock while stabbing the victim repeatedly. Testimony at the hearing also indicated the stabber had been drinking on duty, in contravention of workplace rules. Robinson said he was unaware of the employee's background, and the employee had lost his job after the incident.

A report in the Washington Post and hearing testimony indicate that this is the second instance of assault at The Reef less than three months. In addition, the Post report says that The Reef has been fined for operating outside of licensing hours and received a warning letter about serving alcohol to a minor.

The Agreement

Robinson and Rivero outlined the details of the proposed agreement. The most important component was security staff training.

“We see this as a training issue,” Rivero said.

The Reef will hire an outside company to do security training. No one will be allowed to do security there until they can certify that they've completed training. In addition, security staff will have to take refresher courses twice a year. All training must be closely documented.

“The safety of the client has always been hugely important to us,” Harrison said.

Rivero said he outlined the qualities that an outside company should have to satisfy the Board, but could not require or even recommend specific companies because of ethical considerations.

Other parts of agreement include

-- The current director of security, a college student, will be demoted. She will continue to be part of The Reef's security staff.

-- Mandatory background checks for all current security staff and future hires. Applicants with violent criminal histories will not be eligible to work on the security staff.

-- Strict guidelines, in writing, about what security people may do while on duty on the premises.

-- A formal security plan, including a map and plan of security cameras, on file with the DC government.

-- The purchase of additional security cameras and improved coverage to include the club's staircase landings, where the latest violent incident took place. (Robinson told the Board that he had bought the cameras the previous day.)

-- A plan for storage of security tapes. Tapes will be made available to the police and ABRA within 48 hours after a request.

-- Use of devices to detect false IDs (already in use, according to Robinson).

SALM has not received permission to publish the original Offer of Compromise document. 

The Offer of Compromise document is available here.

Under DC law, The Reef faced a possible maximum punishment of permanent suspension of license, plus a fine of up to $10,000.

The Reef's next appearance before the ABC Board will be at 3pm on Thursday, August 22, at the Reeves Center (U and 14th Streets). It is possible that The Reef's permission to operate will be reinstated at that time.

The August 16 meeting took place in the ABC Board hearing room at the Reeves Center.