LIQUOR STORES: ANC Proposes an Agreement to Be Presented to Every Liquor Store

The following is our Advisory Neighborhood Commission's draft proposed voluntary agreement for all liquor stores in our area, as it stood after discussions at the last ANC meeting. It was distributed yesterday by ANC Chairman Joseph Fengler.

The ANC, which has the authority to protest renewals of area liquor licenses, will likely try to get each liquor store in the neighborhood to sign the final version of this document.

The ANC will be debating and amending these standards and voting on whether or not to approve them at its next meeting, on July 8. Residents may make comments about the proposal (or about anything else) at the beginning of the meeting. The Corner Forum also invites readers to share their thoughts in the next issue of the newsletter.

ANC Commissioners are up for reelection in November. At the last ANC meeting, both Jessica Ward and Michael Musante, the commissioners representing our area, as well as all the other commissioners present, indicated their general support for this agreement.

— Marc Borbely, 536 13th St. NE

Preamble

Through this agreement, both parties aim to create an environment whereby the applicant may operate as a viable contributing business to the ANC6a community, while concurrently curtailing any adverse effects a business such as the applicant's could have on the surrounding neighborhood.

Further, the applicant agrees to work regularly with the ANC 6A, neighborhood associations, and residents to ensure the business operations do not adversely affect the surrounding neighborhood.

All parties believe the statements and provisions contained in this agreement are reasonable and must become wholly integrated into the day-to-day operation of the business establishment.

Further, ANC 6A acknowledges that this Cooperative Agreement shall be presented to all Class "A" and Class "B" applicants within the boundaries of ANC 6A. The terms of this Cooperative Agreement shall not be changed for the benefit, or to the detriment, of any individual applicant, unless such change is required by the District of Columbia government, other authorized governmental bodies, or rule of law.

The community and merchants have agreed that it is in all the parties' best interests to standardize the requirements for the operation of Class A establishments within the boundaries of ANC 6A. It is the intent, therefore, of ANC 6A, to level the playing field through the implementation of this standardized Cooperative Agreement.

Witnesseth

Whereas, Applicant's premises is within the boundaries of ANC 6A; and,

Whereas, the parties desire to enter into an agreement governing certain requirements and understandings regarding the issuance of a Retailer's Class "A" or Class "B" Liquor License at the subject premises; and,

Whereas, the parties wish to state their mutual intention and commitment to promote the success, peace, order, and quiet of the community. Both parties recognize the importance of commercial districts (and limited commercial operations within residential districts) and their adjacent neighborhoods that are safe, clean, and "pedestrian friendly."

The Parties Agree As Follows:

1. Requirements for sale / provision of single containers of alcohol beverages

A. Once all Class A and Class B licensees within 1,200 foot radius of the applicant's premises agree to the following provisions, they shall also apply to the applicant.

B. Applicant shall not sell beer, malt liquor, or ale in single containers of alcohol of 70 ounces or less.

C. Applicant shall only sell beer, malt liquor or ale in multiple-container packaging supplied by the manufacture of four or more individual containers (example: 4-packs, 6-packs, 12-back, cases, etc.).

D. Applicant shall not sell wine or fortified wine in single containers smaller than 750 ml.

E. Clear bags must be used for all purchases of single sales as defined in requirement 1.

2. Ban on Sale/Provision of Other Items:

A. Single Cigarettes:

1) Applicant shall not sell single cigarettes.

B. "Go-cups":

1) Applicant shall not sell or provide "go-cups" or servings of plain ice in a cup. Per the Alcoholic Beverage regulations, a "go-cup" is "a drinking utensil provided at no charge or a nominal charge to a customer for the purpose of consuming alcoholic beverages off the premises of an establishment."

C. Products associated with illegal drug activity:

1) Applicant agrees to not sell products associated with illegal drug activity, such as cigarette rolling papers, pipes, needles, small bags, or any other items which may be regarded as drug paraphernalia.

3. Hours of Operation for Sales of Alcohol:

A. For Class A applicants, the sale of alcohol shall be restricted to the following hours:

1) 9 a.m. - 10 p.m. Monday - Friday

2) 9 a.m. - 10 p.m. Saturday

B. For Class B applicants, the sale of alcohol shall be restricted to the following hours:

1) 9 a.m. - 10 p.m. Monday - Friday

2) 9 a.m. - 10 p.m. Saturday

3) 10 a.m. - 8 p.m. Sunday

4. Public Space Cleanliness and Maintenance:

A. Applicant will maintain the public space (minimally the front sidewalk up to and including the gutter in front of the subject premises, and the alleyway behind the subject premises) adjacent to the establishment in a clean and litter-free condition by:

1) Picking up trash, including beverage bottles and cans, and all other trash a minimum of twice daily (immediately before business hours and once between 5:00 p.m. and 8:00 p.m.).

2) Exercising due diligence to prevent and/or rid vermin infestation in and around the establishment, including following, minimally, the recommendations and guidelines of the Vector Control Division of the Department of Public Works.

3) Planting, watering, and generally tending to tree boxes directly in front of the subject premises, if any.

4) Maintaining regular trash removal service. Ensure that the trash and dumpster area(s) remain clean.

5) Remove snow and/or ice from sidewalks fronting (includes sidewalks on the sides of corner buildings) within time limits set by the District of Columbia for such snow and/or ice removal.

6) Promptly remove graffiti written on the exterior walls of the property. Promptly is defined as within two (2) weeks of graffiti's appearance.

5. Signage / Loitering / Illegal Activity:

A. Applicant will not, directly or indirectly, sell or deliver alcohol to any intoxicated person, or to any person of intemperate habits, or to any person who appears to be intoxicated. A person of intemperate habits shall be defined as any person arrested or cited for alcohol-related offenses by the Metropolitan Police Department for any alcohol-related crime three times or more in any one year and who has been so identified to the licensee by the Metropolitan Policy by giving a photo and name to the licensee.

B. Applicant shall post a notice kept in good repair and visible from point of entry a sign, which states:

1) The minimum age requirement for purchase of alcohol,

2) The obligation of the patron to produce a valid identification document in order to purchase alcohol.

C. Applicant shall make every effort to prohibit and prevent loitering and criminal activity on or in front of the establishment, to include:

1) Posting a sign kept in good repair, a sign requesting customers to not contribute to panhandlers,

2) Asking loiterers to move on whenever they are observed outside the establishment,

3) Calling the Metropolitan Police Department (MPD) to remove loiterers if they refuse Applicant's request to move on,

4) Calling the Metropolitan Police Department if illegal activity is observed,

5) Keeping a written record of dates and times (i.e. log) when the MPD was called for assistance

D. Applicant agrees to post signs kept in good repair in highly visible locations that announce the following:

1) Prohibition against selling alcohol to minors.

2) No panhandling.

3) No loitering.

E. Applicant agrees that signage for alcohol and tobacco in the front window shall be limited to 25% of the total space for each product.

F. Applicant shall receive, at their request, and at no cost, a sign to post within their establishment (provided by the ANC6A ABL Committee) that outlines the primary points of this agreement

6. Reporting to ANC 6A:

A. Applicant must appear before the ANC 6A Alcohol Beverage Licensing Committee two (2) months prior to their Class A or Class B license expiration date to discuss issues and concerns related to the prior two years operations, and the impending renewal of their license.

B. Written testimony can be provided to the ANC 6A Alcohol Beverage Licensing Committee instead of appearing in-person at the discretion of the merchant, unless the ANC 6A and/or the ANC 6A Alcohol Beverage Licensing Committee requests in-person testimony of the applicant.

7. Regulations:

A. In addition to the requirements of this agreement, applicant will operate in compliance with all applicable laws and regulations.

8. Miscellaneous:

A. Applicant shall deny support of the installation of pay phones around the establishment (externally). The applicant shall have existing pay phones (if any) removed from the exterior of the establishment at the end of the current contract.

B. Applicant, and all employees of the applicant, shall attend and complete an alcoholic beverage server training course/seminar.

C. Applicant certifies that it does not owe more than $100 to the District of Columbia government as a result of any fine, penalty, or past due tax.

D. Applicant will be an active participant in an effort to bring a Business Improvement District program to their area.

9. Enforcement:

A. If either party hereto believes in good faith that the applicant is in violation of this agreement, written notice specifying the alleged violation shall be delivered to the applicant and the applicant shall have ten (10) days after receipt of such written notice to come into compliance with this agreement or respond to said alleged notice of default.

B. Applicant and the ANC 6A Commission agree to enter into this agreement. If the applicant should breach the conditions of this agreement, it is understood by all parties that the ANC 6A, and/or its committees, or others shall immediately petition the ABC Board for a "show cause" hearing pursuant to 23 D.C.M.R. 1513.5.

This cooperative agreement is binding on the applicant and its assigns and will continue in force for any and all subsequent license holders at this location. §