AGREEMENT made this __ day of April, 2014, by and between ATSEDE CORPORATION (the Applicant), ADVISORY NEIGHBORHOOD COMMISSION 4A (ANC4A) and ADVISORY NEIGHBORHOOD COMMISSION 4B (ANC 4B). WITNESSETH:
WHEREAS, the parties desire to modify the the current Voluntary Agreement (2002) approved by the District of Columbia Alcoholic Beverage Control Board (ABC). The Applicant has requested a modification to it’s settlement agreement for a class “CR” license for premises 7815 Georgia Avenue, N.W., ABC Application #50151; and,
WHEREAS. the premises is within the boundaries of ANC 4B, and,
WHEREAS, the initial Voluntary Agreement, established in 2002, for the Applicant was established with ANC 4A, and
WHEREAS, the Nile Restaurant and Market is not located in close proximity to residences as other ABRA-licensed establishments on upper Georgia Avenue N.W., and
WHEREAS, the Nile Restaurant and Market has been in operation at the present location for more than 15 years, and,
WHEREAS, the Parties are desirous of entering into a Settlement Agreement
pursuant to D.C. Official Code § 25·446 for the operation and maintenance of the
Establishment in such a manner as to promote the peace, order and quiet of the
neighborhood. All parties recognize the importance of business neighborhoods that are
safe, clean, and "pedestrian friendly".
NOW, THEREFORE, the parties agree as follows:
1. Recitals Incorporated. The recitals set forth above are incorporated herein by
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
3. Hours of Operation and Sales. The Applicant's hours of operation shall be as follows:
Sunday through Thursday 10 AM to 12 AM (midnight)
Alcohol Service 10 AM to 11:30 PM
Friday and Saturday 10 AM to 3 AM
Alcohol Service 10 AM to 2 AM
Sunday through Thursday 11 AM to 12 AM
Alcohol Service 10 AM to 11:30 PM
Friday and Saturday 11 AM to 3 AM
Alcohol Service 10 AM to 2 AM
Sunday through Thursday 6 PM to 12 AM (midnight)
Friday and Saturday 6 PM to 3 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 hour later th an the hours listed above; (b) in the event
that the Council of the District of Columbia or the ABC Board grants licensees
in general extended operating hours (such as for the Inauguration). 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 a.m.
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. Sidewalk Cafe. Applicant will operate its sidewalk cafe in accordance with the
Public Space Management Branch Certification. Applicant will direct that its
employees inspect the sidewalk cafe on a regular basis to ensure its cleanliness.
6. Noise, Odor, and Privacy. No objectionable odors will be created by the Applicant.
Applicant will strictly comply with D.C. Official Code § 25-725, which may include
the need to make architectural Improvements to the property. Applicant agrees to
keep Its rear doors closed when music is being played inside the establishment but
may open Its front window panels during such times, provided that the music is not
audible beyond the street curbside. If necessary, Applicant will take reasonable
steps necessary to reduce noise emanating from the opening of entry or exit doors.
Applicant will take all reasonable steps to strictly comply with D.C. Regulations
concerning noise emanating from the establishment's mechanical equipment.
a. No form of dancing will be allowed.
b. Entertainment (limited to one musician and three vocalists) will be allowed.
c. The Applicant will insure that exterior sound levels do not exceed 60 decibels.
7. Public Space and Trash.
a. Applicant shall keep its entire property and the sidewalk (up to and including
the curb), tree box(es), curb, and alley clean and free of litter, bottles, and other
debris in compliance with D.C. Code and Municipal Regulations. Applicant shall
police these areas suffiCiently to assure that refuse and other materia ls are promptly
b. Applicant shall ensure that the area around the dumpster is kept clean at all
times and the dumpster is placed such that it does not encroach on the abutting
property owners and that no garbage is placed on the abutting property. Applicant
shall ensure that no trash is placed outside the establishment other than in a fully closed
dumpster. Applicant shall ensure that the lids on all dumpsters are fully
closed at all times. Applicant shall not place trash in its dumpster in any manner
that would prevent the full closure of the dumpster. Applicant shall ensure that all
dumpsters used are properly maintained and replaced when damaged.
c. Applicant shall ensure that all grease is placed in a secure well-maintained
container inside the property where possible. Any grease leak shall be cleaned up
promptly and all containers shall be properly maintained and replaced when
damaged or leaking.
d. Applicant will ensure timely trash disposal that is the least disruptive to the
neighbors. To that end, no glass shall be recycled or otherwise disposed after 10
p.m. or before 7 a.m. Any glass material needing to be recycled or otherwise
disposed between 10 p.m and 7 a.m. shall be stored inside the Applicant's
establishment until 7 a.m.
e. Commercial trash pick up in residential areas takes place between 7 a.m.-7
p.m. Applicant shall not allow for its trash to be picked up outside of those hours.
8. Rats and Vermin Control. The Applicant shall provide rat and vermin control for
its property. Applicant shall have the Establishment and the area around the
Premises properly cleaned at the end of each night to ensure that there are no
garbage and odors present the following morning.
9. Security Cooperation in Stemming Criminal Activity and Public Drinking. Applicant agrees that it shall take all reasonable steps to minimize such problems,
including, without Iimitation, providing a sufficient number of employees 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
Premises, maintaining contact and cooperating wi th 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.
10. Transfer of responsibilities. ANC 4A, hereby transfers all roles and responsibilities to ANC 4B. All future transactions will be between the Applicant and 4B with ANC 4A in the role of an affected ANC.
11. Cancellation of previous Agreements. Except as otherwise explicitly provided
herein, this Agreement shall have full force effect and shall constitute the agreement
between the parties. This agreement may only be modified by written agreement of
all the parties or their successors, or otherwise in accordance with law. All other
previous Voluntary or Settlement agreements are rendered null and void.
IN WITNESS WHEREOF, the parties have affixed hereunto their hands and seals on the day and year first above written.
Print Name_Retta Makonnen_____________________________________
ADVISORY NEIGHBORHOOD COMMISSION 4A
Print Name_____Dwayne Toliver__________________________________
ADVISORY NEIGHBORHOOD COMMISSION 4B
Print Name_____Sarah Green__________________________________________