Minutes – Advisory Neighborhood Commission 4B

July 28, 2014 Special Public Meeting

 

PLEASE NOTE:   In compliance with Roberts Rules of Order Newly Revised, 11th Edition, §48, page 468, the minutes of Advisory Neighborhood Commission 4B are a record of the actions taken by the Commission, not a record of what people said during the meeting.  Accordingly, comments made by commissioners or members of the public will not be recorded in detail in the minutes.  For a full record of everything that was said at the meeting, please go to www.anc4b.org and click on the “Meetings” link to hear an audio recording of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 


The meeting was called to order at 7:15 PM, Commissioner Ronald Austin, Chair (and ANC 4B06) presiding.  It was held at the MPD’s 4th District Community Room, 6001 Georgia Avenue, NW. Also present were Commissioners 4B01 Sara Green, 4B02 Faith Wheeler, 4B03 Fred Grant, 4B05 Brenda Speaks, 4B07 Judi Jones, 4B08 Yvonne Jefferson, and 4B09 Douglass Sloan.  A quorum was present for all votes.

 

1)         Approval of the Agenda

 

The agenda as presented was approved.

 

2)         Presentation and Recommendation Vote:   Presentation from Department of Housing and Resolution addressing ongoing disruptions of the peace, order and quiet of the Roxboro Place N.W. neighborhood.

 

Ms. Diane Oliver, Customer Relations Manager, DC Housing Authority, gave a presentation explaining the rules and regulations of the Housing Choice Voucher Program.  Following the presentation and questions and comments from Commissioners and the public, Commissioner Jefferson moved that the Commission adopt a resolution making recommendations regarding problems on Roxboro Place N.W.  Commissioner Grant seconded the motion.

 

The motion was adopted by roll call vote, 7 yes, 1 no.

 

The roll call vote:

 

YES                                                                NO                                                      ABSTAIN

Green                                                             Jefferson

Wheeler

Grant

Speaks

Austin

Jones

Sloan

 

 

 

 

 

 

The adopted resolution:

 

Advisory Neighborhood Commission 4B (the Commission) takes note of the following:

 

Ø  The residences at 524 and 617 Roxboro Place N.W. are enrolled in the housing affordability program known as the Housing Choice Voucher Program.  This program is administered by the District of Columbia Housing Authority.

 

Ø  Over the past few months, numerous complaints have been received from neighbors of these properties regarding excessive noise, disturbances, disorderly conduct, and physical altercations involving the residents.

 

Ø  The Metropolitan Police Department has repeatedly responded to calls and complaints regarding the residents of these properties, but the disturbances continue.

 

RESOLVED:

 

Advisory Neighborhood Commission 4B strongly recommends and urges the District of Columbia Housing Authority to:

 

Ø  Enforce the rules and regulations of the Housing Authority governing the Housing Choice Voucher Program to make the Roxboro Place neighborhood safe and orderly.

 

Ø  If the owner of these properties cannot comply with the rules and regulations, then the D.C. Housing Authority should revoke the owner’s certification to participate in the Housing Choice Voucher Program.

 

Ø  The Commission will provide assistance to those families who come forward and request assistance in working with the Metropolitan Police Department and the D.C. Housing Authority.

.

3)         Approval Vote:  Settlement Agreement between ANC 4B and the VIP Room, 6201 3rd Street N.W

 

Following comments from the public and a presentation from the owners of the VIP Room, Commissioner Sloan moved that the Commission adopt a resolution approving a Settlement Agreement with the VIP Room.  Commissioner Grant seconded the motion. 

 

Commissioner Green moved to amend Section 2 of the Settlement Agreement to add the sentence “Applicant shall not rent the establishment for music events.”  Commissioner Jefferson seconded the motion.  The motion was not adopted, 2 yes, 5 no, 1 abstain.

 

Commissioner Green moved to amend Section 3, Inside Operating Hours, to change the Sunday through Thursday hours to 7 AM to midnight, to change the Inside Alcoholic Beverage Service for Sunday through Thursday and Friday-Saturday to 11 AM to midnight, and to change the Entertainment Endorsement for all days to 11 AM to midnight.  The motion failed for lack of a second.

 

Commissioner Green moved that the Settlement Agreement should not be voted on by the Commission at this time, but should be referred back to the community to assure that all parties can participate in negotiations.   Commissioner Wheeler seconded the motion.  The motion was not adopted, 3 yes, 5 no.

The main motion to approve the Settlement Agreement between the Commission and the VIP Room was adopted by roll call vote, 5 yes, 2 no, 1 abstain.

 

The roll call vote:

 

YES                                                                NO                                                     ABSTAIN

Grant                                                              Green                                                 Wheeler

Speaks                                                           Jefferson

Austin

Jones

Sloan

 

The adopted resolution:

 

RESOLVED:

 

Advisory Neighborhood Commission 4B approves and agrees to become a signatory to the attached Settlement Agreement with the VIP Room, 6201 Third Street N.W., ABRA #094561.

 

FURTHER RESOLVED:

 

Commissioner Ron Austin, ANC 4B06, is hereby authorized to serve as the Commission’s representative in all matters relating to this license application and settlement agreement.

 

FUTHER RESOLVED:

 

Consistent with DC Code §1-309, only actions of the full commission voting in a properly noticed public meeting have standing and carry great weight.  The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the commission.

 

SETTLEMENT AGREEMENT

 

This Settlement Agreement made on this twenty-ninth day of July, 2014, by and between the VIP Room, LLC (hereafter the “Applicant”) and Advisory Neighborhood Commission 4B (hereafter the “ANC”).

RECITALS

WHEREAS, the Applicant has filed an application for a new Retailer’s Class C Tavern License at 6201 3rd Street, NW (hereafter the “Establishment”);

WHEREAS, the ANC has protested the application on the grounds that the license, if issued, would adversely impact the peace, order and quiet of the neighborhood;

WHEREAS, the Parties have entered into this Settlement Agreement and request the Alcoholic Beverage Control Board approve the issuance of the Applicant’s license conditioned upon Applicant’s compliance with the terms herein.

NOW THEREFORE, the Parties agree as follows:

1.  Recitals Incorporated.   The Recitals set forth above are incorporated herein by reference.

2.  Nature of the Business.   The Applicant shall operate the Establishment as what is commonly referred to as a “catering hall.” Specifically, the Applicant intends to hold events including but not limited to weddings, birthday parties, anniversaries, graduations, family reunions, cultural events, exhibitions, book or poetry readings, lectures, and religious celebrations such as repasts and bar mitzvahs.  The Applicant shall not operate the establishment in a manner customarily associated with a Bar and shall only be open for business when an event is scheduled.

3.  Hours of Operation and Sales.

     Inside Operating Hours:   

                        Sunday through Thursday:         7 AM[1] to 1 AM

                        Friday and Saturday:                 7 AM to 1 AM

Inside Hours of Alcoholic Beverage Service

                        Sunday through Thursday:         11 AM to 1 AM

                        Friday and Saturday:                 11 AM to 1 AM

Entertainment Endorsement:

                        Sunday through Thursday:         11 AM to 1 AM

                        Friday and Saturday:                 11 AM to 1 AM

Provided that (a) on days designated by the ABC Board as “Extended Hours for ABC Establishments” Applicant may operate (including sale and consumption) for one (1) hour later than the hours listed above; (b) in the event that the DC Council or the ABC Board grants licensees in general extended operating hours (such as for the Inauguration) the Applicant may avail itself of such extended hours; and (c) on January 1 of each year, Applicant may operate (including sale and consumption) until 3:00 AM.

4.  Floors Utilized and Occupancy.        The Applicant will operate its establishment according to the occupancy indicated on the Certificate of Occupancy issued by the Department of Consumer and Regulatory Affairs.

5.  Noise and Privacy.         Applicant will comply with D.C. Official Code §25-725 governing noise emanating from licensed establishments.  Applicant agrees to keep its doors and windows closed when music is being played inside the establishment, provided, however, that it shall not be a violation of this section if doors are opened to allow for the ingress and egress of patrons.

6.  Public Space and Trash.        

     a.       Applicant shall keep its entire property and the sidewalk (up to and including the curb), tree boxes, curb, and alley clean and free of liter, bottles, and other debris in compliance with the D.C. Code and Municipal Regulations. 

     b.       Applicant shall ensure that no trash is placed outside the establishment.  Following events, trash is stored inside the establishment until it is picked up by the Applicant’s trash hauling contractor. In the future, should the Applicant wish to maintain a dumpster on the exterior of the premises, the Applicant shall insure the area around the dumpster is kept clean at all times and that it will not be placed to encroach on the abutting property.

     c.       Applicant will ensure timely trash disposal and recycling.

7.  Security Cooperation in Stemming Criminal Activity and Public Drinking.     Applicant agrees that it shall take all reasonable steps to minimize such problems, including, without limitation, providing a sufficient number of employees, in the Applicant’s discretion, to assure adequate security and to control unruly patrons, whether inside or in the immediate outside area; monitoring for and prohibiting criminal activity within or about the Establishment, maintaining contact and cooperating with MPD and other enforcement officials.  Applicant shall to the full extent permissible by law discourage loitering in the vicinity of the Establishment.

8.  Incorporation.      The terms of this Settlement Agreement in its entirety shall become effective upon ratification of this Agreement by the Alcoholic Beverage Control Board.  The parties request that the text of this Agreement be incorporated in an Order of the Board granting Applicants request for issuance of its Retailer’s Class C Tavern license.

9.  Modification of Settlement Agreement:  This agreement can be modified only by mutual agreement of the parties with the approval of the ABC Board for acceptance and enforcement.

10.  Binding Effect.   This Settlement Agreement shall be binding upon and enforceable against the successors and assigns of the Applicant during the term of the license to which this Settlement Agreement applies.

11. Grounds for Petition for Show-Cause Order:  Applicant acknowledges that failure to adhere to the terms and conditions recited in Paragraphs 1 through 7 above will constitute grounds for the representative of the Commission whose signature is affixed hereunto, or his successor, to file a complaint with the ABC Board, which will be investigated by ABRA’s Enforcement Division, and may subject the Licensee to a Show Cause proceeding, or any other penalty available to the Board under the law.  Prior to filing such a complaint, however, the designated representative, or his successor, shall notify Applicant of any perceived violations and afford Applicant a minimum of fourteen (14) calendar days in which to address or rectify the perceived violation.

12.  Notice:  Unless otherwise noted above, any notices required to be made under this Agreement shall be in writing and mailed via certified mail, return receipt requested, postage prepaid, or hand delivered, to the other parties to this Agreement at the following addresses.  Notice shall be deemed given as of the time of receipt or refusal of receipt.

If to Applicant:            Mr. Bo Sampson, 6201 3rd Street N.W., Washington, D.C 20011

If to Commission:         ANC4B, 8656 Eastern Avenue N.W. #314, Washington, DC 20012

In further consideration of and reliance upon the foregoing commitments by the Applicant, the Applicant and the Commission hereby request that Applicant’s Application for Issuance of a Retailer’s Class C Tavern Liquor License be granted.

 

IN WITNESS WHEREOF, the Parties have affixed hereunto their hands and seals on the year and day first above written.

ADVISORY NEIGHBORHOOD COMMISSION 4B

THROUGH ITS DESIGNATED REPRESENTATIVE

 

By:__________________________________

Ronald Austin, Chairman, ANC 4B

Commissioner, ANC4B06      

 

APPLICANT

 

By:__________________________________

Bo Sampson

Its Managing Member

 

4)         Approval Vote:  Settlement Agreement between ANC 4B and Cheerz, 7303 Georgia Avenue N.W.

 

Commissioner Grant moved that the Commission postpone consideration of the Settlement Agreement with Cheerz to the September 22, 2014 public meeting.  Commissioner Sloan seconded the motion.  The motion was adopted, 8 yes, 0 no.

 

Commissioner Austin moved to reconsider the motion.  Commissioner Grant seconded the motion.  The motion to reconsider was adopted, 8 yes, 0 no.

 

Commissioner Austin moved that a settlement agreement between Cheerz and the Commission be negotiated and completed for consideration at the September 22, 2014 public meeting of the Commission.  Commissioner Grant seconded the motion.  The motion was adopted, 7 yes, 1 no.

 

5)         Approval Vote:  Settlement Agreement between ANC 4B and the Takoma Station Tavern, 6914 4th Street N.W.

 

Following extended discussion and comments and questions from Commissioners and the public, Commissioner Sloan moved the previous question on the approval of the settlement agreement between the Takoma Station Tavern and the Commission.  Commissioner Speaks seconded the motion.  Following further discussion Commissioner Sloan withdrew his motion.

 

Commissioner Austin moved that the Commission adopt a resolution approving a settlement agreement between the Commission and the Takoma Station Tavern.  Commissioner Grant seconded the motion.

 

Commissioner Green moved to amend the resolution to read:  “Commissioner Faith Wheeler, ANC 4B02 is hereby authorized to serve as the Commission’s representatives in all matters relating to this license application and settlement agreement.”   Commissioner Wheeler seconded the motion.

The motion to amend was adopted by roll call vote, 5 yes, 3 no.

 

 

The roll call vote:

 

YES                                                                NO                                                     ABSTAIN

Green                                                             Speaks                                              

Wheeler                                                         Austin

Grant                                                              Jones

Jefferson

Sloan

 

Commissioner Jones moved to amend the resolution to read “Commissioner Faith Wheeler, ANC 4B02, and Commissioner Ron Austin, ANC 4B06, are hereby authorized to serve as the Commission’s representatives in all matters relating to this license application and settlement agreement.”  Commissioner Grant seconded the motion.  The motion was adopted by roll call vote, 5 yes, 3 no.

The roll call vote:

 

YES                                                                NO                                                     ABSTAIN

Grant                                                              Green                        

Speaks                                                           Wheeler

Austin                                                            Jefferson

Jones

Sloan

 

Commissioner Green moved to amend section 3 of the settlement agreement to close the rooftop garden at 1:00 AM all nights of the week.  The motion failed for lack of a second.

 

Commissioner Green moved to amend the entertainment endorsement in section 3 of the settlement agreement to prohibit operation of television sets in the rooftop garden.  The motion failed for lack of a second.

 

Commissioner Wheeler moved to amend the entertainment endorsement in section 3 of the settlement agreement to require that televisions in the summer garden be muted.  Commissioner Jefferson seconded the motion.  The motion was not adopted by roll call vote, 3 yes, 5 no.

 

The roll call vote:

 

YES                                                                NO                                                     ABSTAIN

Green                                                             Grant                                     

Wheeler                                                         Speaks

Jefferson                                                       Austin

                                                                        Jones                        

                                                                        Sloan

 

Commissioner Wheeler moved to amend section 4 of the settlement agreement to prohibit cigar smoking on the rooftop garden.  Commissioner Green seconded the motion.  The motion was not adopted by roll call vote, 2 yes, 6 no.

 

The roll call vote:

 

YES                                                                NO                                                     ABSTAIN

Green                                                             Grant                         

Wheeler                                                         Speaks

                                                                        Austin

                                                                        Jones                        

                                                                        Jefferson

                                                                        Sloan

 

Commissioner Wheeler moved to amend section 5(d) of the settlement agreement to require the owner to provide the cell phone numbers of its managers to the commissioner representing the single-member district in which Takoma Station Tavern is located and the commissioners representing neighboring single-member districts.  Commissioner Green seconded the motion.  The motion was not adopted, 2 yes, 6 no.

 

Commissioner Wheeler moved that section 9 of the settlement agreement be amended to delete the

word representative so that the text reads:  Applicant acknowledges that failure to adhere to

the terms and conditions recited in Paragraphs One through Five above will constitute grounds for the

representative of the Commission whose signature is affixed hereunto, or his successor, to file a

complaint with the ABC Board, which will be investigated by ABRA’s Enforcement Division, and may

subject the Licensee to a Show Cause proceeding, or any other penalty available to the Board

under the law.  Prior to filing such a complaint, however, the designated representative, or his

successor, Commission shall notify Applicant of any perceived violations and afford Applicant a

minimum of fourteen (14) calendar days in which to address or rectify the perceived violation. “

 

Commissioner Green seconded the motion.

 

The motion was not adopted, 2 yes, 6 no.

 

The main motion to approve the resolution as amended was adopted by roll call vote, 6 yes, 1 no, 1

abstain.

 

The roll call vote:

 

YES                                                                NO                                                     ABSTAIN

Grant                                                              Green                                                 Wheeler

Speaks                                                          

Austin

Jones

Jefferson

Sloan

 

 

 

 

 

 

The adopted resolution and settlement agreement:

 

RESOLVED:

 

Advisory Neighborhood Commission 4B approves and agrees to become a signatory to the attached Settlement Agreement with Takoma Station Tavern, 6914 Fourth Street N.W., ABRA-079370.

 

FURTHER RESOLVED:

 

Commissioner Faith Wheeler, ANC 4B02 and Commissioner Ron Austin, ANC 4B06, are hereby authorized to serve as the Commission’s representatives in all matters relating to this license application and settlement agreement.

 

FUTHER RESOLVED:

 

Consistent with DC Code §1-309, only actions of the full commission voting in a properly noticed public meeting have standing and carry great weight.  The actions, positions and opinions of individual commissioners, insofar as they may be contradictory to or otherwise inconsistent with the expressed position of the full commission in a properly adopted resolution or letter, have no standing and cannot be considered as in any way associated with the commission.

 

SETTLEMENT AGREEMENT

 

AGREEMENT made this twenty-ninth day of July, 2014, by and between MDM LLC trading as TAKOMA STATION TAVERN. ABRA-079370 (the Applicant), and ADVISORY NEIGHBORHOOD COMMISSION 4B (the Commission).      

 

WITNESSETH

 

WHEREAS, the Applicant has applied for a substantial change to its license in order to operate a rooftop café/summer garden and

 

WHEREAS, the premises are within the boundaries of the Commission and,

 

WHEREAS, the Applicant has an existing Settlement Agreement in force which is a part of the terms and conditions of its license with the Alcoholic Beverage Regulation Administration (ABRA) and

 

WHEREAS, the parties desire to enter into an agreement, enforceable by ABRA, regarding how Applicant shall operate the rooftop café/summer garden in such a manner as to promote the peace, order and quiet of the neighborhood, all parties recognizing the importance of business neighborhoods that are safe, clean, and "pedestrian friendly” and

 

WHEREAS, the parties desire that the terms of this agreement shall become a part of the existing settlement agreement.

 

          NOW, THEREFORE, the parties agree as follows:

 

1.       Recitals Incorporated. The recitals set forth above are incorporated herein by reference.

 

2.       Nature of the Business. The Applicant shall manage and operate at the address a place that is regularly used for the sale and service of prepared food and alcoholic beverages.  This shall include sale and service of prepared food and alcoholic beverages in a rooftop café/summer garden.

 

3.       Hours of Operation and Sales. The Applicant's hours of operation for the rooftop café/summer garden shall be as follows:

 

Sunday through Thursday 10 AM to 1 AM

Alcohol Service 10 AM to 1 AM

 

At 1:00 AM, the Applicant shall require that the patrons move from the “open air” portion of the rooftop café/summer garden to the “enclosed area” of the rooftop café/summer garden and shall close the retractable doors.

 

Friday and Saturday 10 AM to 2 AM

Alcohol Service 10 AM to 2:00 AM

 

At 2:00 AM, the Applicant shall require that the patrons move from the “open air” portion of the rooftop café/summer garden to the “enclosed area” of the rooftop café/summer garden and shall close the retractable doors.

 

Entertainment Endorsement

 

Recorded music and sound amplification in compliance with applicable noise regulations of the District of Columbia shall be permitted in the rooftop café/summer garden.

 

No live music or live entertainment shall be permitted.

 

The Applicant shall use its best efforts to orient the televisions to minimize viewership from the “open air” portion of the rooftop café/summer garden.

 

4.       Noise, Odor, and Privacy. No objectionable odors will be created by the          Applicant.  Applicant shall provide fans to redirect tobacco smoke         generated by patrons away from public space and residential neighbors.           Applicant will strictly comply with D.C. Official Code § 25-725.  If necessary, Applicant will take reasonable steps to reduce noise emanating from the rooftop café/summer garden.  Applicant will take all reasonable steps to strictly comply with D.C. Regulations concerning noise emanating from the establishment's mechanical equipment.  Applicant will post clearly visible internal and external signage to remind customers to minimize noise in the neighborhood. 

         

5.       Security Cooperation in Stemming Criminal Activity and Public Drinking. 

 

a)    Applicant agrees that it shall take all reasonable steps to minimize such problems, including, without limitation, providing a sufficient number of employees to assure adequate security and to control unruly patrons, whether inside, in the rooftop café/summer garden or in the immediate outside area; monitoring for and prohibiting criminal activity within or about the Premises, maintaining contact and cooperating with MPD and other enforcement officials when known or suspected drug activities occur. Applicant shall to the full extent permissible by law discourage loitering in the vicinity of the Premises.

 

b)    Applicant agrees that it shall provide video surveillance on the rooftop café/summer garden.

 

c)    Applicant agrees that it will maintain operating security cameras in the alley behind the establishment.

 

d)    Applicant agrees that it will provide to representatives of the Commission, the Metropolitan Police Department, and other community organizations that request such information, the cell phone numbers of its managers.

 

6.       Incorporation in Existing Settlement Agreement.  The terms of this Agreement are hereby added to and incorporated in the existing Settlement Agreement approved by order of the Alcoholic Beverage Control Board on March 28, 2001.  This agreement may only be modified by written agreement of all the parties or their successors, or otherwise in accordance with law

 

7.       Incorporation.  The terms of this Settlement Agreement in its entirety shall become effective upon ratification of this Agreement by the District of Columbia Alcoholic Beverage Control Board.  The parties request that the text of this Agreement be incorporated in an order of the Board granting Applicant’s request for a substantial change in its Retailer’s Class C Tavern liquor license.

 

8.       Binding Effect.  This Settlement Agreement shall be binding upon and

          enforceable against the successors and assigns of the Applicant during

          the term of the license to which this Settlement Agreement applies.

 

9.       Grounds for Petition for Show-Cause Order.  Applicant acknowledges

          that failure to adhere to the terms and conditions recited in Paragraphs One through Five above will constitute grounds for the representative of the Commission whose signature is affixed hereunto, or his successor, to file a complaint with the ABC Board, which will be investigated by ABRA’s Enforcement Division, and may subject the

          Licensee to a Show Cause proceeding, or any other penalty available to the Board

          under the law.  Prior to filing such a complaint, however, the designated

          representative, or his successor, shall notify Applicant of any perceived

          violations and afford Applicant a minimum of fourteen (14) calendar days in which to address or rectify the perceived violation.

 

10.     Notice.  Unless otherwise noted above, any notices required to be made under this Agreement shall be in writing and mailed via certified mail,

          return receipt requested, postage prepaid, or hand delivered, to the other

          parties to this Agreement at the following addresses.  Notice shall be

          deemed given as of the time of receipt or refusal of receipt.

 

If to Applicant:       

 

Mr. David Boyd, 6914 Fourth Street N.W., Washington, D.C.,

20012

 

If to Commission:   

 

ANC4B, 8656 Eastern Avenue N.W. #314, Washington, DC 20012

 

In further consideration of and reliance upon the foregoing commitments by

the Applicant, the Applicant and the Commission hereby request that

Applicant’s Application for issuance of a Retailer’s Class C Restaurant Liquor

License be granted.

 

IN WITNESS WHEREOF, the parties have affixed hereunto their hands

and seals on the day and year first above written.

 

MDM LLC

 

Print Name:   David Boyd

 

Sign Name____________________________________________________

 

Title:   Owner

 

Date__________________________________________________________

 

ADVISORY NEIGHBORHOOD COMMISSION 4B

 

Print Name:  Ronald Austin, ANC 4B06

 

Sign Name________________________________________________________

 

Title:    Chairperson

 

Date________________________________________________________________

 

 

The meeting was adjourned at 10:50 PM.



[1] The Applicant hosts prayer services and other church events which require early opening, but will not have service of alcoholic beverages.