ABC COMMITTEE

South East Neighborhood Library

403 7th Street, SE

Report and Recommendations

December 9, 2010

 

Commissioners in attendance: Mary Wright (chair), Carol Green, Kirsten Oldenburg, Ken Jarboe, Norman Metzger, Neil Glick and Dave Garrison.  Bert Randolph, staff assistant, was also present.

 

ANC 6B’s ABC Committee met on Thursday, December 9, 2010 at the Southeast Library.  The meeting began at approximately 7:20 PM.  At 9 PM, the Committee moved the meeting over to the ANC 6B office at 703 D Street SE and completed its deliberations in public session at approximately 9:30 PM. 

 

Renewal of license

The licenses for the following establishments are up for renewal:

 

Bullfeathers,  Lic # ABRA-021165, CR 02, 410 1st Street, SE

 

Anthony Harris, owner, is seeking a license renewal with no changes.  The Committee noted that, while the ABRA Investigations report showed several lapses in proper reporting, these had all occurred before the current owners acquired the establishment. There were no objections or concerns from the community. Thus, the ABC committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement

 

Annie & Teddy’s Po Boys, Lic # ABRA-0811522, 1400 Pennsylvania Avenue, SE

 

Since there was no representation from the establishments but no objections or concerns from the community, the ABC Committee recommends that the ANC take no position on their license renewal.

 

New License

 

Pacificos,  Lic # ABRA-086033, CR, 514 8th Street, SE

 

Applicant, Xavier Cervera, is seeking a new license for a Latin Tapas restaurant featuring contemporary cooking with an open kitchen and grill, and fresh baked breads.  The interior would seat approximately 120 patrons and a sidewalk café would seat 30 patrons.  The total occupancy load including the summer garden is 185.  The proposed hours of sales for the interior, summer garden and sidewalk café are Sunday 10 a.m. -2:00 a.m., Monday through Thursday 8:00 a.m. – 2:00 a.m., and Friday and Saturday 8:00 a.m. – 3:00 a.m.

 

Mr. Cervera submitted a petition of support with 300 signatures.  While the majority of those who signed reside on Capitol Hill, few live within the immediate area of Barracks Row.

 

There were several members of the community in opposition of the proposed restaurants citing an overconcentration of restaurants already on 8th Street and an adverse impact on quality of life issues.  One nearby resident presented a petition with 53 signatures, mostly from residents in nearby blocks, expressing opposition to the restaurant. 

 

Grounds for a protest include:

 

1)       Adverse impact on peace, order, and quiet

2)       Adverse impact of real property values

      3)   Adverse impact on residential parking and safety

      4)  Overconcentration of liquor licenses

 

Many community members believe that 8th Street is at a saturation point and would be affected adversely with the addition of 185 seats at this proposed location.

 

Mr. Cervera acknowledged the parking concerns and recommended possible solutions to address the issue.    The well-lit parking lot under the freeway offers 60 spaces.  However, it is underutilized.   Establishments could offer incentives like a free drink for using the parking lot.  Another way to help offset limited parking would be to offer four hours of free parking for Ward 6 residents.   Mr. Cervera is also willing to amend his application to shorten the hours for the summer garden.   He also cited a Barracks Row study that 70% of Barracks Row customers are within walking distance to the establishments. 

 

The ANC recognizes that this has been an on-going concern and in response formed a Retail Mix Task Force early in 2010.  The Task Force is reviewing, among other things, a possible moratorium on liquor licenses.

 

The Committee discussed the extent to which adding this restaurant would further concentrate licensed establishments along Barracks Row.  Several Committee members noted that Mr. Cervera’s current restaurants along Barracks Row are well run and maintained, that he has been a “good neighbor” and has made substantial contributions to the community.

 

The Committee remains concerned that additional restaurants located along Barracks Row, especially in the 500 block of 8th Street SE, will result in an over-concentration of such licensed establishments.  The Committee also notes the significant opposition to this application by many residents living within a few blocks of the proposed location.  For these reasons (adverse impact on peace, order and quiet and residential parking, and contributing to an overconcentration of liquor licenses in the area), the ABC committee recommends that the ANC protest the license.  Commissioner Metzger and Glick dissented from the recommendation.

 

Bavarian Beer Garden, Lic # ABRA-085710 CT, 720 L Street, SE

 

Applicant, Mark Brody, is seeking a new CT license with an entertainment endorsement for an upscale beer garden with European/American food in a building to be newly constructed at the corner of 8th and L Street SE.  The interior would seat approximately 99 patrons and the summer garden would have 200 seats.  The total occupancy load is 399 patrons.  The proposed hours of sales are Sunday through Thursday 11:00 a.m. – 2:00 a.m. and Friday and Saturday from 11:00 a.m. – 3:00 a.m.  Hours of Entertainment are Sunday from 12:00 p.m. – 12:00 a.m., Monday –Friday 6:00 p.m. – 12:00 a.m., and Saturday 12:00 p.m. – 2:00 a.m.  Music would include “oompah” bands.  The applicant described the proposed building, the plans for which have not yet been created, as “temporary” with the idea that when the redevelopment of the Lower 8th Street blocks had progressed sufficiently the “temporary” structure would be removed and a more substantial, mulit-story building would be proposed.

 

Committee members noted that the proposed new building would require a lengthy approval process from various agencies.  The building would be in the historic district and thus would require full historic preservation review.  Committee members expressed strong doubts that applicant would be able to complete all reviews and have the building up by early spring as proposed.  Committee members noted that the newly proposed vision for the redevelopment of Lower 8th Street, also before the Commission this month, contemplates a more substantial use of this property than a beer garden, especially given that the site fronts directly on 8th Street.

 

Several Committee members expressed the desire that approval of this application be structured in such a way that the establishment could not be converted into a nightclub. The Committee discussed how a Voluntary Agreement might be structured to prevent a future nightclub, among other things by not limiting the scope of the requested entertainment endorsement.

 

The Committee acknowledges that proposed site for the tavern is in an undeveloped area of 8th Street and that introducing commercial activity into the area would add life to the street and could encourage other business activity to help promote revitalization of the area.  The Committee recommends support of the license conditioned upon a signed VA that includes restrictions in the scope of the entertainment endorsement.  Absent an agreed upon VA, the Committee recommends the Commission protest the application. Commissioner Oldenburg dissented from the recommendation