Wednesday, November 21, 2007
Last Night's ABL Meeting
Last night's meeting was generally calm and there plenty of discussion with a large crowd. Basically the general consensus (there was some minority disagreement) was that we aren't ready to look at a cap/moratorium yet. Anwar Saleem and others expressed concern that placing to many restrictions might have a chilling effect on interest from potential businesses. The Committee stressed that there will be opportunities in the future to consider a cap/moratorium.
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9 comments:
Thanks, Inked! Sounds like most people were perfectly reasonable. A cap might make sense down the road, but, as long as they stick to the H Street plan, not yet.
Has anyone heard anything about when Pap & Petey's on 5th will open? I saw the information re: the liquore license hearing. We're really looking forward to them coming in, although a bit concerned that they are going to be using the sidewalk cafe area until 2 am (I think--could be 3). Has anyone else thought about this?
Anonymous,
First, I apologize for the long post...
On Pap & Petey's, ANC 6C supported their request for a stipulated liquor license, which allows them to operate while their "regular" liquor license is going through the process. This means that their opening should be happening in the very, very near future. I'll get more information from the owner and give Inked an update.
As far as the sidewalk cafe area, on behalf of the ANC I negotiated a voluntary agreement with the owner of Pap & Petey's, which addresses a large number of community concerns. The major points are:
1. "(c) Establishment’s outside garden or other outside seating area shall be closed for business, emptied of patrons and unavailable to patrons for any purpose (including without limitation, smoking or congregating) no later than 10:00pm Sunday through Thursday and 11:00pm Friday and Saturday."
2. "Establishment shall not provide any loudspeakers, televisions, radios or other means of amplification of sound or speech that are on exterior or adjacent to the Premises, except when individual one-time special event licenses may be issued by DCRA."
3. "Public Space Cleanliness and Maintenance. Establishment will maintain the public space adjacent to the Premises in a clean and litter-free condition. At a minimum, the area maintained shall include, the entirety of the adjacent sidewalk(s) up to and including the curb/gutter and 18” into the street(s) adjacent the Establishment, and the alleyway(s) adjacent the Premises. Cleanliness and maintenance shall include, but not be limited to:
(a) Picking up and properly disposing of all trash and litter, regardless of source, a minimum of twice daily (once immediately before business hours and again between 5:00 p.m. and 8:00 p.m.).
(b) Maintaining an enclosed, secured area for all trash and garbage dumpsters adjacent to the Premises.
(c) Ensuring that all trash and garbage only in rodent-proof dumpsters, and shall see that dumpster covers fit properly and remain fully closed except when trash or garbage is being added or removed.
(d) Maintaining regular trash and garbage removal service, regularly removing trash from the trash and dumpster area, and ensuring that the dumpster area remains clean.
(e) Exercising due diligence to prevent and/or rid vermin infestation in and around Establishment, including following, at a minimum, the recommendations and guidelines of the Vector Control Division of the Department of Public Works.
(f) Ensuring prompt removal of snow and ice (including salting as appropriate) from the sidewalk and compliance with all applicable D.C. laws and regulation in this respects.
(g) Planting, watering, weeding and generally maintaining all tree boxes (and planters installed or maintained by Establishment) adjacent to the Premises.
(h) Promptly removing or painting over any graffiti on the exterior walls of the Premises."
The owner was very accommodating in helping us to address areas of community concerns, and is genuinely interested in making sure that Pap & Petey's is a good neighbor and truly is a positive contribution to the area.
Best,
Alan Kimber
ANC Commissioner, 6C05
Wow. I am simply not a fan of the ANC system's use of vountary agreements. It leads itself to absues and overly restrictive coventants because lets be blunt...ANCs have way too much power of liquor licenses in this city and "voluntary agreements" is very ironic name for something that is really not at all voluntary. In this specific case, 10AM? and only 11 on friday and saturday? WTF? thats really really early.
Pap & Petey's can stay open later than 10 or 11pm, they just have to close the patio at that time. Keep in mind this place is right next door to residences.
Eric, it is ABRA system's use of voluntary agreements, not the ANC. In my experience the ANC does not have the power to abuse the use of VAs.
In this specific case, sounds like the owner was very accommodating and no irony to be found in the "volunatary" agreement.
Buying a house next to a major throughfare and then complaining about noise doesn't make too much sense...
Kinda like buying a house next to the airport and then telling them to stop flying airplanes in after 10pm.
A new club opening up next to existing rowhouses is different than moving next to a busy street.
Additionally, the process of negotiating the voluntary agreement with the owner of Pap & Petey's was really easy. We only passed the document back & forth once--he thought what we were asking for was reasonable in most instances, and the ANC found his logic compelling on the 2-3 things that he asked us to reconsider. We mentioned a concern about how late the sidewalk portion would be open, and I believe the owner actually suggested these times.
I've heard about ANCs playing "hardball" and really sticking it to bar owners--which was not the case at all. The process was very friendly and short--there was no coercion involved, and I'm certain that the owner would agree.
I fully realize that H Street needs lots & lots of development and new businesses still, so it is in our interest to work together with new businesses to balance the community's concerns with the owners' ability to succeed.
Best,
Alan Kimber
ANC Commissioner, 6C05
Alan,
I always find your posts helpful and informative. I just have one question: what happens if the owner does not agree to the VA? Does not agreeing to a VA retard the licensing process, and does agreeing expedite it? I understand that this particular owner did not have a problem signing, and would be very interested in buiding a community, but what if an owner wants to open a restaurant, and sell liquor. Going back and forth to make arrangemnts that are not that owner's lawful duty sounds like it could be pretty taxing for the owner; another batch of red tape. Not to say that the requests of the ANC are not unreasonable, but why is this step necessary?
8th & el,
I'm glad you find my posts helpful.
Basically, Voluntary Agreements are a vehicle created by ABRA to help licensees and communities/ANCs resolve concerns without going through the formal objection process (whether for a new license, renewal or change). Thus, the VA process is intended to help expedite the process, as the only alternative is to protest a license and seek to have ABRA impose conditions on the licensee. In fact, if a group or ANC files a protest of a license grant, renewal or change, ABRA requires that the parties take 30 days to try and resolve their differences amicably (through a VA).
All license requests, renewals and changes are required to go through the ANC in order to permit an opportunity to address any community concerns.
I completely understand the possibility for abuse, and ANC 6C works very carefully to ensure that we are being reasonable and seek only to address community concerns before they give rise to real problems. I have a particular interest in ensuring that we work cooperatively with businesses and developers, as H Street still has quite a ways to go before you could really say that it has been fully revitalized.
Best,
Alan Kimber
ANC Commissioner, 6C05
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