Singles Sold at Excello; License Up for Renewal

Excello's (419 13th St. NE) liquor license is coming up for renewal, which means it's a good time for us as a community to consider whether we want Excello to continue selling alcohol.

When the Alcoholic Beverage Control Board decides, in June, whether or not to issue a renewal, the Board must, by law (D.C. Code Title 25, Chapters 3 and 6), consider whether Excello is "appropriate for the locality, section, or portion of the District where it is to be located."

To determine appropriateness, the Board shall consider "all relevant evidence of record, including: (1) the effect of the establishment on real property values; (2) the effect of the establishment on peace, order, and quiet ...; (3) the effect of the establishment upon residential parking needs and vehicular and pedestrian safety; and (4) ... the licensee's record of compliance with this title and the regulations promulgated under this title and any conditions placed on the license during the period of licensure, including the terms of a voluntary agreement."

One key factor, then, that the Board will have to consider, is how well Excello has been meeting its obligations under a voluntary agreement it signed in December 2001. At that time, Excello agreed, among other things, to: (1) refuse to sell single-serving containers of alcoholic beverages; (2) ensure there is daily street cleaning of the 400 block of 13th Street from D to the alley next to the store, and the entire length of Duncan Place; (3) request that loiterers "move on". The complete terms of the agreement are reprinted starting on page 4.

A visit to the store on Saturday showed that Excello was selling single-serving containers of beer (see photo on page 1) and malt liquor. The following 24-ounce, single-serving cans were in refrigerators: Ice House, Key Stone, Redhook, MGD, Budweiser, Bud Ice, King Cobra, Schlitz Malt Liquor. I observed a woman purchase a can of Schlitz Malt Liquor.

The Board will consider Excello to be appropriate for the area unless an objection is filed. Protests can be filed by any group of five or more residents sharing common grounds for their protest, by an affected Advisory Neighborhood Commission or by a citizens association within the affected area.

In the interview starting on page 1, Richard Sundberg (1200 block of Duncan Place NE), who helped negotiate the December 2001 voluntary agreement, describes his sense of how well Excello has met its obligations since December. He concludes that Excello has not followed many points on the agreement. "I have problems with that, and I expect the neighbors to put together another protest on their license, and the grounds will be not having adhered to the items in the current agreement."

When asked about the cases of single-serving containers in Excello's refrigerators, Sung S. Bang, of Excello, said he does not sell those singly, but rather requires customers to buy at least two at a time. When asked about the woman I observed buying just one, he said maybe she had bought two before and was exchanging one of them.

Mr. Bang said he cleans 13th Street daily, from D Street to his store. He said he does not clean Duncan Place. He said he has tried for two years to get the phone removed from outside his store, but he said the phone company won't come to pick it up. He said the signs in and underneath Excello's window are permitted under the voluntary agreement. He said when there are people hanging outside the store, he asks them to move on. He pointed out the spotlights above the storefront. §