5 Chances to Speak Up

The community will have five opportunities in the next two weeks to influence the future of the two stores on the 400 block of 13th Street — N-A Minit (421 13th St. NE) and Excello (419 13th St. NE). The first is a meeting tomorrow (Monday) night.

One question before residents is whether or not to file protests to N-A Minit's application to drop the ban on selling single-serving containers of alcohol that is attached to Excello's license, which N-A Minit intends to purchase. Such protests must be filed by Nov. 18.

A second question is whether or not to file protests to the renewal of the license N-A Minit currently holds. Such protests must be filed by Nov. 25.

Currently, Excello holds a Class A liquor license that allows it to sell beer, wine and liquor. Attached to that license is a Voluntary Agreement that, among other conditions, prohibits the sale of single-serving containers of alcoholic beverages and requires 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. The Agreement also requires Excello to keep two trash cans outside the store, for public use, request that loiterers "move on," maintain "no loitering" signs, keep a log of calls made to the police regarding loitering or alcohol consumption, refuse to sell "go cups," sell cups only in packaging containing forty or more such cups, install four spotlights outside the store that are turned on during hours of operation, not display signs on its front windows, refuse to sell products associated with illegal drug activity, and work with the community to prohibit sales of alcohol to minors.

Excello's liquor license was up for renewal earlier this year. More than 30 residents (including me) who filed letters with the city in May in protest of that renewal are currently negotiating with Excello to see if their objections can be satisfied with a new Voluntary Agreement, or whether the city will have to hold a protest hearing on the renewal application.

Currently, N-A Minit holds a Class B liquor license that allows it to sell beer and wine. There is no Voluntary Agreement attached to N-A Minit's liquor license.

N-A Minit has applied to transfer Excello's Class A (beer, wine and liquor) license to N-A Minit's current site (421 13th St. NE). If the transfer is approved, Excello would sell to N-A Minit its license as well as its actual store. N-A Minit would put in safekeeping the Class B (beer and wine) license that it currently owns, until it can sell that Class B license.

As part of the transfer, N-A Minit is requesting that the city drop the ban on the sales of singles and the requirement that the length of Duncan Place NE be cleaned daily — both of which are currently attached to Excello's Class A license. Before the city can make these changes, N-A Minit must, by law, "demonstrate that the proposed change in the nature of operation is appropriate" for the neighborhood.

To determine appropriateness, the city must 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 D.C. law and regulations.

N-A Minit has also applied for a two-year renewal of its Class B license. The same definition of appropriateness applies to renewal applications.

The dates associated with the five opportunities for residents to speak out are tomorrow (Nov. 10), Nov. 13, Nov. 18 and Nov. 25.

Tomorrow (Nov. 10), Advisory Neighborhood Commissioner 6A05 Michael Musante (representing the Corner Forum area south of the middle of E Street NE) will be holding a meeting from 6:30 to 7:30 p.m. (see Calendar). By coming to the meeting, you can be part of the community discussion.

On Thursday evening (Nov. 13), the ANC will have to decide at its meeting (see Calendar for details) whether or not to file its own protest to N-A Minit's two applications (the transfer and the renewal). Residents are given a few minutes to speak when the meeting starts, at 7 p.m. By speaking up, you can influence whether or not the Commission votes on the issue and, if it does so, how Commissioners vote.

Thursday night is also the deadline for submitting letters for next weekend's Corner Forum. By submitting letters, you join in the community discussion on this and potentially influence what others think and do.

Nov. 18 is the deadline for protests to the transfer of Excello's license to N-A Minit (with the associated changes, dropping the ban on selling singles and a cleaning provision).

Nov. 25 is the deadline for protests to the renewal of the Class B license N-A Minit currently holds.

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. Protest letters should list grounds for objection and be sent to the D.C. Alcoholic Beverage Regulation Administration, Room 7100, 941 North Capitol St. NE, Washington, D.C. 20002.

If protests are filed, protestants and the applicant usually try to engage in negotiations to see if issues can be resolved through a Voluntary Agreement. §