Class A Store Would Have Negative Impact on Peace, Quiet

Someone asked a very good question of what would be the long term affect of having a Class A license transfer on the 400 Block of 13th Street NE.

What will happen is there will be just that, one Class A LIQUOR store on the 400 block of 13th Street NE. that will have no restrictions on single sales.

If not today, or tomorrow, if not the Lee's, the next licensee, I guarantee you, will stock their entire store with what is most profitable—ALCOHOLIC beverages. In fact, go to any other Class A license in ANC6A and see for yourself that approximately 90 percent of their inventory consists of alcoholic beverages. Furthermore, within the ANC6A boundaries, the range of 20 percent to as high as 99 percent of total alcoholic beverage sales are from "singles" being sold. These single sales are closely related to public drinking. If this transfer is allowed then there will be a voluntary agreement with no restrictions on single sales. Undoubtedly this will result in an INCREASE in public drinking.

Don't be fooled; the sale of alcohol is a billion-dollar industry where a high profit margin on alcoholic products can be earned with little overhead costs. Due to the current city-wide moratorium on any new Class A or Bs (yes, the city does realize there is an over concentration), the licenses have become a commodity. The supply and demand factor has resulted in the sale of an existing license for as much as $15,000 to $20,000.

Unfortunately in D.C., where alcoholism is one of the leading health concerns, the emphasis is still on ABC establishments making a profit. The demise of a community is the cost of doing business. 13th Street NE will be no exception. The money is in the sale of ALCOHOLIC beverages. Without any competing businesses in the area and a voluntary agreement without any restrictions on single sales, there will be cause for celebration — except it will be [N-A Minit attorney] Paul Pascal who will have "the cake and will be eating it too!"

If a transfer is successful, insult to injury will occur for the entire ANC6A when the voluntary agreement currently with restrictions is amended to have none. This will send a strong message to every other ABC establishment (and their lawyers) that the community protests are soft and therefore one can wait it out to avoid signing a binding agreement. In essence, the ANC6A community as a whole will have just set precedence to go in the opposite direction that Ronald Nelson, Nick Alberti, Earle Rands, I and many other community activists have championed for years to get—voluntary agreements with restrictions. In fact, one of the first successful voluntary agreements with a single sale restriction was signed in 1999 by Commissioner Wanda Harris as a protestant. Jumbo Liquors located at 1122 H St. NE still has that original voluntary agreement, abides by it and therefore has made a positive change for the community.

Step back and see the big picture—city-wide. The trend is to have a voluntary agreement with the restriction on single sales. The Mt. Pleasant ANC's standard voluntary agreement is an example of multiple stores with a restriction on sales. They are just one ANC, of many throughout the city, where the community has taken a proactive stance on fighting ABC issues. Our ANC can be just as proactive but the community needs to demand it.

As a community, we must not get sidetracked. If the renewal opposition is dropped and a transfer occurs, expect to see major changes in operation. After the Class A license is transferred, "remodeling" of 421 and 419 13th St. NE will result in a larger and even better stocked LIQUOR store then currently exists at Excello Liquors. From the surface, one may not be able to decipher the difference between a Class A and a Class B establishment; they all appear to be selling large quantities of alcoholic beverages. However, there is an important distinction which can be found in every Class A: They all trade as ("t/a"): "Liquors or Beverage" stores.

Since the outside area of the 400 block of 13th St. NE is known as and will continue to be a very active "open air" drug market, remodeling will be in step with the safety of EMPLOYEES (what about the community's safety you ask?!). As is the case with every Class A license currently in ANC6A, a very customer unfriendly bullet proof glass cage would most likely be erected. This glass divider would be twofold in function. Not only for the employees' protection — but it would help decrease the incidence of shoplifting, since the customer will have little or no direct access to the majority of the products on shelves.

As any business owner knows, the bottom line is profit ("Show me the $$!"). One easy and "low-hanging fruit" would be to eliminate all perishable products. Examples of perishable products would be eggs, mike, bread or butter which are typically sold in a Class B grocery store but NOT in a Class A LIQUOR store. Keep in mind, a LIQUOR store will profit when there is an increase in sales of ALCOHOLIC beverages. Without perishables, this would free up the shelf space needed for the expanded ALCOHOLIC beverage product line.

Another "low hanging fruit" would be to get rid of the kitchen equipment and eliminate the need for labor-intensive food preparation costs. This in turn would lower the cost to do business since the permits associated with food handling will no longer be required. Say goodbye to lunch items being offered on the 400 block of 13th Street NE.

To have only a Class A means that the elderly, the youth and a majority of the residents who live in the area and who currently shop at the Class B grocery store would be displaced and in reality, have no reason to go to this LIQUOR store (except possible to purchase a lottery ticket).

Therefore since the local residents have been displaced as a customer, targeting the commuter customer base that arrives in vehicles is essential. A portion of the residential parking would be eliminated and replaced with the one-hour metered parking to accommodate the commercial need. Of course they will still be an overflow, and availability for residential parking will be impacted. The rear area (feet from the recreation fields) could also accommodate customer parking, and a loading dock since there is rear access to the store.

If this Class A transfer is allowed, the community will have no recourse on "operational standards." A transfer of a license is considered a new license. This means there will be no notice of "substantial change" that is required of an already existing ABC establishment. Therefore, any and all of the scenarios described above can be reality, in a transfer.

Please keep in mind why we are in negotiations — to oppose Excello Liquor's Class A renewal. As "protestants" we are opposing the negative impact of peace, order and quiet as it relates to an ABC license. One cannot and I certainly will not go into an ABC mediation asking that a roll of toilet paper or a carton of milk be offered. "Oh, and can you move the hundred single bottles of beer on the wall to make room for a cartoon of milk?" NOT going to happen.

As a former manager of a gourmet and wine store, I would be glad to offer advice to help promote a successful product line AFTER the establishment has shown responsible management practices and are deemed appropriate for the community. But as a protestant, I am restricted and cannot make their day-to-day operational decisions. One protests an ABC license as it relates to the negative impact on the surrounding community, not if or if not the store offers products which the community really is in need of (essential items i.e. milk/bread).

Somehow the waters got muddy and the opposing of a Class A license has been pushed aside for a totally different issue of a transfer. These two issues should NOT parallel. Effectively what has occurred is that 30+ protestants who opposed the Excello Liquor renewal have now been disenfranchised. Their voice has been silenced by the ABC Board accepting a transfer application of a protested license.

To protest an ABC license is just not an exercise or a pass-time. One has to believe that the system can work. With your back up against the wall the protestants have to stand up and fight. The community has done the hardest part of this protest — lived for years with the ABC establishment causing a negative impact on our community. Who makes the choices of how it ends up is each resident voicing an opinion that enough is enough!

We cannot and must not forget that Excello's Class A license should be suspended for serious primary violations. Excello has not been a good neighbor and will continue to violate the laws and regulations. This will catch up to them sooner not later. They will have the "three strikeouts," and their license will be revoked.

Voluntary agreement or not, the drug boys are doing business as usual" on the 400 block of 13th Street NE. The drug dealers are not transparent. We have pictures, statements and police documents establishing illegal activity.

If the Class A license "goes away" there will be no license to even have transferred. That is a win for the community. To no longer have a problematic Class A license on 13th Street is a win for the community. Do not let the words of Paul Pascal bring you down. "Actions speak louder then words!"

What is needed is the community to take action and to continue to make that call. Call 311/911 when one observes illegal activity. Continue to call and write letters to the authorities. Continue to call and request ABRA to investigate violations. Continue to attend meetings and speak out. And continue to protest ABC license to get a voluntary agreement that works for the community.

We came into this process believing that the system can work. We have to continue to demand the Alcoholic Beverage Regulation Administration, MPD, ANC Commissioners, and Ward 6 Council member Sharon Ambrose make a positive impact.

Other ABC Licensees (and their lawyers) are looking at the Excello protest and are gaining ground. If the violations [by Excello] are pushed under the rug, I'm afraid other ABC establishments will continue their unacceptable management practices. There will be no turning back for another two long years (next renewal phase) if it is even perceived that the Board will tolerate the primary violations that have occurred.

A transfer will not eliminate the serious public safety concerns on this block. Revoking a Class A license will start us in the right direction.

What is the long term affect of a Class A transfer?

1) One LIQUOR store that is not appropriate for this residential block of 13th Street since it is in "locality" of a new school and recreational field.

2) One LIQUOR store that will continue to negatively impact property values (comparatively to homes sale prices off of 13th Street).

3) One LIQUOR store that will increase vehicular traffic due to increase in nonresidential customer base.

4) One LIQUOR store that will add to the over concentration of similar Class A stores in ANC6A — Viggy's Liquors, New York Liquors, Friends Liquors, Jumbo Liquors and Family Liquors, Northeast Beverage (the list goes on).

5) No community grocery store to purchase "essentials."

6) I encourage everyone to visit Family Liquors located at 710 H St NE. Family Liquors especially illustrates a recent remodeling (June 2003) consistent with the opinion that their store is "better serving their customers." — that is if one agrees with the premise that better serving their customers means better serving the surrounding community.

7) I'm afraid the same difference will occur with [N-A Minit] if the opposition to Excello Liquors renewal is dropped and a transfer is allowed — there will be A CONTINUED NEGATIVE IMPACT ON THE PEACE, ORDER AND QUIET OF THE NIEGHBORHOOD.

I write this letter today in remembrance of Earle Rands who was a community activist who passed away one year ago on November 11, 2002. Earle made a positive impact. He not only focused on his immediate neighborhood but gave unselfishly his time, knowledge, expertise and energy to the extended community. As author of many ANC6A voluntary agreements, his positive impact is still felt today. However, it will take a community's efforts to make a permanent and positive change. I encourage all to get involved and make that positive change; our future, our children's future depends on a neighborhood that truly is a safer place today then it was yesterday. "Make the Call for no more ALCOHOL!" §