The Trinidad Market and Deli is on Thursday's agenda
There is and ANC 5B meeting Thursday 10/2. The meeting begins at 7:30 and will likely last about two hours. This meeting is being held at a special meeting this month. The special location is the Trinidad Recreation Center [1310 Childress Street]. I haven't yet seen a copy of the agenda, but, we should be looking at public safety issues, and we will discuss the Trinidad Market and Deli's wish to purchase an existing Class B license to sell wine and beer. The Market is located on the corner of Florida and Trinidad.
12 comments:
hey I'm fairly new to DC, but are there regulations about the number of "temporary" exterior signs a store can have up? They seem to have eight on this one small store. Where I used to live it was a limit of ONE temporary sign, for 30 days max.
DC ST § 25-763 - (a) Exterior signs advertising alcoholic beverages, which signs have a total cumulative area in the aggregate in excess of 10 square feet, shall be prohibited.
I've been drafting a voluntary agreement for this location [still not clear if they will decide to proceed with the purchase of the existing license], and that V.A. would prohibit outdoor signs advertising alcohol or tobacco products.
But signs stating that the store sells wine, beer, or tobacco products generally would still be ok.
Being able to buy beer there would be convenient for me, especially since Black Supermarket doesn't sell beer, but I hope the selection is better than the liquor store at Montello and Florida. I'm not sure the neighborhood is at the point yet though where they will stock much more than single tall boys of Miller Lite, Hurricane and Steel Reserve.
The agreement I have drafted, which relies heavily [with permission of the ANC Chair] on that of ANC 6A would prohibit single sales. 1101 Mart [on H Street] has a similar agreement, and they carry a nice selection of six packs and wine. Here is the draft [it's long]-
District of Columbia Government
Advisory Neighborhood Commission 5B
Salvation Army Harbor Light Center
2100 New York Avenue, NE
Washington, DC 20002
Class A and Class B Liquor License Cooperative Agreement
Made this ____ day of ________________, 2008, by and between
Trinidad Market and Deli (“applicant”), 1322 Florida Avenue NE Washington, DC 20002
and
Advisory Neighborhood Commission 5B
Preamble
Though this agreement, both parties aim to create an environment whereby the applicant may operate as a viable contributing business to the ANC 5B community, while concurrently curtailing any adverse effect a business such as Applicant’s could have on the surrounding neighborhood. This agreement applies to Class A liquor licenses that permit retail sale of beer, wine, and spirits for off premises consumption and Class B liquor licenses that permit retail sale of beer and wine for off premises consumption.
Applicant agrees to work regularly with ANC 5B, neighborhood associations, and residents to ensure Applicant’s business operations do not adversely affect the surrounding neighborhood. All parties believe the statements and provisions contained herein are reasonable and must be wholly integrated into the day-to-day operation of the business establishment.
Witnessed
Whereas, Applicant’s premises is within the boundaries of ANC 5B; 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 the residential districts) and their adjacent neighborhoods that are safe, and clean;
The Parties Agree As Follows:
1. Requirements for sale / provision of single containers of alcohol beverages
A. Applicant shall not sell, give, offer, expose for sale, or deliver an
individual container of beer, malt liquor, or ale in single containers of alcohol of 40 ounces or less.
B. Applicant shall only sell, give, offer, expose for sale, or deliver beer, malt
liquor, or ale in single containers of 40 ounces or less with multiple-container packaging supplied by the manufactures of four or more individual containers (example: 4-packs, 6-packs, 12-pack cases, ect.).
C. Applicant shall not sell, give, offer, expose for sale, or deliver an
individual container of wine or fortified wine in a single container with a capacity of less than 750 ml.
D. Class B applicants will not sell fortified wine. Fortified wine is defined as
wine that exceeds 14% alcohol content.
2. Ban on sale / provision of other items:
A. Single cigarettes:
1) Applicant shall not sell, give, offer, expose for sale, or deliver
individual single cigarettes.
B. “Go-cups”:
1) Applicant shall not sell, give, offer, expose for sale, or deliver “go-
cups” or servings of plain ice in a cup.
2) Per the Alcoholic Beverage regulations, a “go-cup” is defined as”
“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 not to sell, give, offer, expose for sale, or deliver
products associated with illegal drug activity.
2) These items are defined as “pipes, needles, small bags,” or any
other item or products which may be regarded as drug
paraphernalia under 21 USC Sec. 863 (d).
3) Applicant and ANC 5B agree to include mini-scales and EZ Roll
Tubes (or any similar product) in the description of drug paraphernalia for these purposes.
4) Applicant also agrees, should Applicant choose to sell “Chore
Boy,” or other steel wool products, to only sell such products in complete pads (or manufacturer packages of one (1) or more pads), and never in partial pads, (as such partial pads are recognized by both Applicant, and Advisory Commission 5B as drug paraphernalia).
D. Weapons
1) Applicant agrees not to sell, give, offer, expose for sale, or deliver
weapons. The definition of weapons shall include, but not be strictly limited to, knives, swords, daggers, blackjacks (batons), maces, mace, and brass knuckles.
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) 9:00 am - 10:00 pm Monday-Friday
2) 9:00 am - 10:00 pm Saturday
B. For Class B applicants, the sale of alcohol shall be restricted to the
following hours:
1) 9:00 am - 10:00 pm Monday-Friday
2) 9:00am – 10:00 pm Saturday
3) 10:00 am – 8:00 pm Sunday
4. Public space cleanliness and maintenance:
A. Applicant will maintain the public space (minimally the front / side
sidewalk up to and including the gutter in front, and to the side 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 thrice daily (immediately before business hours, once between 11:00 am and 1:00 pm, and once between 5:00 pm and 8:00 pm).
2) Exercising due diligence to prevent and / rid vermin infestation
in and around said establishment, including the following:
a) Minimally (not exclusively) strict adherence to 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, and to the side of, the subject premises, if any.
4) Maintaining regular trash removal service. Ensuring that the trash
and dumpster area(s) remain clean.
5) Remove snow and / or ice from sidewalks fronting (including
sidewalks on the side of buildings that occupy corner lots) within time limits set by the District of Columbia for such snow and / ice removal.
6) Promptly removing graffiti written on the exterior walls of the
property. Promptly is defined as within one (1) week of the first appearance of said graffiti.
7) Promptly removing graffiti written on any items belong to subject
business (e.g. dumpster). Promptly is defined as within one (1) week of the first appearance of said graffiti.
8) Applicant also agrees to implement a recycling program for glass
and plastics within six (6) months of obtaining a license. Applicant shall make recycling receptacles available to patrons.
5. Signage / Loitering / Illegal Activity:
A. Applicant will not, directly or indirectly, sell or deliver alcohol to
any intoxicated person, to any person of intemperate habits, 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 by the Metropolitan Police Department by giving a photo and name to the licensee.
B. Applicant shall post a notice kept in good repair and visible from
any 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.
3) The obligation of patrons over the legal age to purchase alcohol to
not provide purchased alcohol to those under the legal age to
purchase alcohol.
C. Applicant shall make every effort to prohibit and prevent loitering and
criminal activity on, in front of, or to the side of, the subject premises. This shall include (but not be limited to):
1) Posting a sign, kept in good repair, instructing customers to not
contribute to panhandlers.
2) Asking loiterers to move on whenever they are observed outside
the establishment (Applicant shall either check for loiterers [minimally] whenever a customer / visitor complains of such loiters, or report such complaints to the Metropolitan Police Department promptly). Promptly is defined as within 10 minutes of the initial complaint in the event Applicant is unable to ask the loiter to disperse, or 10 minutes from the time that the loiter fails to disperse in the event that Applicant asks such loiter to disperse.
3) Calling the Metropolitan Police Department to remove loiterers if
they refuse Applicant’s request to move on.
4) Keeping a written record of dates and dates and time (i.e. a log)
when the Metropolitan Police Department was called for assistance. Applicant’s log shall be provided to the Advisory Neighborhood Commission and, for good cause, shown to any valid protestant during hearings involving future renewals or contested proceedings involving Applicant’s license.
D. Applicant agrees to post signs, kept in good repair, in highly visible
locations that announce the following:
1) Prohibition against gambling.
2) Prohibition against selling to minors.
3) Prohibition against the display of weapons.
4) No panhandling.
5) No loitering.
E. Applicant agrees not to display signage for alcohol, or tobacco products in
the front, or side, exterior windows (or exterior walls, or signs out front) of the subject establishment (signage indicating that Applicant sells beer, or wine is acceptable for Class B holders, and signage indicating that Applicant sells beer, wine, and liquor is acceptable for Class A license holders).
F. Applicant shall receive, at its request, a notice to post within the subject
premises (provided by ANC 5B) that outlines the primary points of this agreement.
G. To the extent such lighting is not present on the exterior of the
establishment, Applicant will install, maintain, and use high-intensity
flood-lights on the exterior of its premises so as to fully illuminate any
abutting side-yard, or alleyway, from dusk to dawn.
6. Reporting to ANC 5B:
A. Applicant must appear before ANC 5B (or, should ANC 5B subsequently
establish any committee tasked with reviewing, or approving, alcoholic beverage licenses, both ANC 5B, and said committee) two (2) months prior to its 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 its license.
B. Written testimony can be provided to ANC 5B (or, should ANC 5B
subsequently establish any committee tasked with reviewing, or approving, alcoholic beverage licenses, both ANC 5B, and said committee) instead of appearing in person if mutually agreed upon by both Applicant, and ANC 5B (or, should ANC 5B subsequently establish any committee tasked with reviewing, or approving, alcoholic beverage licenses, said committee).
C. Applicant also agrees to attend one (1) Police Service Area meeting every
six months (not to be adjacent meetings, but rather for the obligation be to attend meetings occurring six months apart [e.g. January and June].
D. Applicant also agrees to agree Advisory Neighborhood Commission, or
Police Service Area meetings, when the Advisory Neighborhood Commission shall deem it necessary due to citizen concerns. In all such cases the Advisory Neighborhood Commission shall provide Applicant with a minimum of ten (10) days notice of such meeting.
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). 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 (any requirements stated above shall also be
binding upon applicants and any of Applicant’s agents or employees as
regards the subject premises) 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 for more than six months.
D. Applicant will participate in a Business Improvement if one is
subsequently established for an area that includes Applicant’s premises.
9. Enforcement:
A. If any party to this agreement believes in good faith that Applicant is in
violation of this agreement, written notice, specifying the alleged violation shall be delivered to Applicant and Applicant shall have ten (10 days) days after notice to come into compliance with this agreement or respond to said notice of alleged violation.
B. Applicant and the Advisory Commission 5B agree to enter into this
agreement. If Applicant should breach the conditions of this agreement, it is understood by all parties that Advisory Commission 5B (or, should ANC 5B subsequently establish any committee tasked with reviewing, or approving, alcoholic beverage licenses, either ANC 5B, or said committee), or others shall immediately petition the ABC Board for a “show cause” hearing pursuant to 23 D.C.M.R. 1513.5.
C. This cooperative agreement is binding on Applicant and its assigns and
will continue in force for any and all subsequent license holders at the subject location.
I've just received word from ABRA that we can also insert language restricting all hours of operation [not just of alcohol sales], so that may [per constituent request] find its way in there. We'll have to see. The current document is very preliminary.
Off topic, but I heard word that there was a drive by shooting last night on 6th between K and L. Anyone have any details?
Regarding ANC 5B issues, what was/is the ANC's position on the zoning application for the Big Chill nightclub wanting to open up in the 1900 block of New York Avenue NE? Doesn't that stretch of New York Avenue have enough mega-clubs? They start at North Capitol Street NE and work their way down to this area. /RobA
Rob,
ANC 5B entered into a voluntary agreement with the Big Chill, so they will not oppose the opening.
Thanks ... I hadn't heard/seen anything (especially diatribes along the Jimmy Valentine's type) and was wondering. I guess some people are only against certain bars/nightclubs opening in the area. /RobA
Having attended the meeting yesterday, was really mad that there wasn't a quorum. I really wanted this thing voted down. Many of my neighbors at the meeting weren't supportive of another business in Trinidad selling booze. The presenter just seemed either to be aloof and very unprofessional. First they were a corner store, then a deli but the deli hasn't opened and it's been over a year, now they want to get a B license. It's really not wanted. The only thing decent that came out of that segment of the meeting was that the Chair suggested that ANC 5B08 have an SMD meeting. I believe that is critical to this. Neighbors for the SMD, need to voice their opinion and have an up or down vote. I for one am going to lobby my neighbors to vote no.
-Robby
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