Excello's Voluntary Agreement

The following are the terms of the voluntary agreement signed in December 2001 by Sung S. Bang (Excello), Richard Sundberg, Council member Sharon Ambrose (Ward 6) and ANC Commissioner Ronald TT Nelson.

1. In order to avoid the over concentration of beer and wine stores offering similar products in the area, Excello Liquors will:

(a) Refuse to sell single serving containers of alcoholic beverages (including any 20 oz. or more single serving of beer or a wine container under 750 ml);

(b) Refuse to sell single serving containers of malt liquor beverages; refuse to sell malt liquor beverages in packaging that consist of containers of 20 oz. or more.

2. In order to keep the peace and quiet of the surrounding neighborhood, thereby making the store appropriate for the neighborhood, Excello Liquor will:

(a) Ensure that there is a daily street cleaning of the 400 block of 13th Street NE up to the alley adjacent to the store, as well as the entire length of Duncan Place, NE. Excello will place two trash cans for public use by the store door and by the street curb;

(b) Remove public pay phones and prevent any future installation of pay phones in and around store premises;

(c) Place and maintain "No Loitering" signs on the premises and request loiterers to "move on",

(d) Keep a daily log of any calls made to the Metropolitan Police Department regarding loitering or alcohol consumption on the store's premises; additionally, the Protestants shall have the right to review the log at any time during business hours;

(e) Excello Liquors shall not lease, rent, and/or provide parking space for unlicensed/licensed vehicles.

(f) Comply with all applicable laws and regulations related to its business.

3. While the 1995 agreement reflects some of the same above elements, the following 1995 points are included in this agreement

(a) Excello agrees not to sell or give away "go cups" to customers of the business and will sell cups only in packaging containing forty (4) or more such cups.

(b) Excello agrees to install four (4) 500 watts spotlights outside its store that will be turned on during hours of operation.

(c) Excello agrees not to display signs on the front windows of its store.

(d) Excello agrees to work with protestant and other members of the community in an effort to prohibit sales of alcohol to minors.

(e) Excello will continue its practice of refusing to sell products associated with illegal drug activities, such as cigarette papers, pipes, bongs, amongst other things.

4. In consideration of, and reliance upon, the commitments reflected in paragraphs 1 through 2, the Protestants hereby withdraw their opposition to the applicant's pending license application.

5. The parties further agree that any failure of Applicant to adhere to the foregoing commitments would constitute grounds for the ABC Board to revoke the Retailer's Class A license for premises 410 13th St. NE, and for the Protestants to petition the ABC Board for issuance of an order to show cause pursuant to 23 D.C.M.R. section 1513.5 (1997) or any regulation of similar purpose adopted by the ABC Board.

Excello signed another voluntary agreement in 1995 . Among the terms of that agreement, which was included in the 2001 agreement: that Excello will pick up trash on both sides of 13th from D to E every day it is open for business; operate 9 a.m. to 9 p.m. Monday through Thursday and 9 a.m. to 10 p.m. Friday and Saturday; sell cups only in packages of 40 or more; have four spotlights lit during hours of operation; not allow phones to be installed outside the store; and not display signs on the front windows.

A copy of both agreements can be obtained up from Karen Hill (442-4441), records management assistant in the D.C. Alcoholic Beverage Regulation Administration. §