12.07.11 Mood Lounge ABRA Show Cause Hearing Transcript - Noise Violation

202-234-4433Neal R. Gross & Co., Inc.

DISTRICT OF COLUMBIA+ + + + +ALCOHOLIC BEVERAGE CONTROL BOARD+ + + + +MEETING

þ-----------------------------»IN THE MATTER OF: : :Mimi & D, LLC :t/a Mood : 1318 9th Street, NW : Show CauseRetailer Class CT : Hearing License No. 86037 : Case No. 11-CMP-00175 :ANC 2F :Violation of Voluntary :Agreement (Noise) :þ-----------------------------¼

DECEMBER 07, 2011

The Alcoholic Beverage ControlBoard met in the Alcoholic Beverage ControlHearing Room, Reeves Building, 2000 14th

Street, N.W., Washington, D.C., NickAlberti, Interim Chairperson, presiding.PRESENTNICK ALBERTI, Interim Chairperson DONALD BROOKS, Member HERMAN JONES, Member

CALVIN NOPHLIN, Member

ALSO PRESENTLOUISE PHILLIPS, OAGJABRIEL SHAKOOR, ABRA


T-A-B-L-E O-F C-O-N-T-E-N-T-SOpening Statement for the Government. . . . . .6Opening Statement for the Licensee. . . . . . .7Closing Statement for the Government. . . . .204Closing Statement for the Licensee. . . . . .207WITNESSES:George Danilovics . . . . . . . . . . . . . . 21Rishi Hingoraney. . . . . . . . . . . . . . . 46Jabriel Shakoor . . . . . . . . . . . . . . .102Abeba Beyene. . . . . . . . . . . . . . . . .150EXHIBITSGovernmentA First investigative report. . . . . . . . .103A Attachment 1, email from Mr. Hingoraney to Mood Lounge . . . . . . . . . . . . . . . . 66A Attachment 3, page 1, email from Mr. Woodson to Mood Lounge. . . . . . . . . . . 77A Attachment 3, page 2, email from Owners of the NINE to Mood Lounge. . . . . . . . . 22B Second investigative report . . . . . . . .103B Attachment 1, noise complaint against Mood Lounge filed online on ABRA's Web site. . . 24C Documented interactions between Mr.

Hingoraney and Mood Lounge. . . . . . . . . 79D Photo, buildings fronts on 9th Street, Northwest . . . . . . . . . . . . . . . . . 28E Photo, Naylor Court looking eastbound . . . 29F Photo, back of Mood Lounge. . . . . . . . . 31G Photo, the NINE condominium . . . . . . . . 32H Photo, view from inside Mr. Danilovics'

condominium . . . . . . . . . . . . . . . . 32I Photo, eastbound view from Mr. Danilovics' condominium . . . . . . . . . . 34J Photo, aerial view of neighborhood. . . . . 34


1 P-R-O-C-E-E-D-I-N-G-S

2 3:18 p.m.

3 INTERIM CHAIRMAN ALBERTI: The

4 next case I'm going to call is Case No. 11-

5 CMP-00175. This is a show cause hearing

6 regarding Mimi & D, LLC, trading as Mood,

7 License No. 86037.

8 Parties forward and introductions,

9 please?

10 MS. PHILLIPS: Louise Phillips,

11 Assistant Attorney General for the District of

12 Columbia. Good afternoon again, Board

13 Members.

14 INTERIM CHAIRMAN ALBERTI: Good

15 afternoon. Hello.

16 MR. WOODSON: Morning, Chair, or

17 good afternoon, Chair --

18 INTERIM CHAIRMAN ALBERTI: Good

19 afternoon, Mr. Woodson.

20 MR. WOODSON: I'm losing track of

21 time here -- and Members of the Board. I'm

22 Roderic Woodson, along with Tori Gordon with


1 the law firm of Holland & Knight, counsel to

2 Mood Lounge.

3 And with your indulgence, Mr.

4 Chairman, I have asked Ms. Gordon to handle

5 the proceeding for today.

6 INTERIM CHAIRMAN ALBERTI: Okay.

7 Fine. And with you is?

8 MR. WOODSON: This is Tori Gordon.

9 And this is the owner of Mood Lounge.

10 MS. BEYENE: Abeba Beyene.

11 INTERIM CHAIRMAN ALBERTI: And

12 your name, please?

13 MS. BEYENE: Abeba Beyene. Abeba.

14 INTERIM CHAIRMAN ALBERTI: I'm

15 sorry, Beyene?

16 MS. BEYENE: Yes, last name is

17 Beyene.

18 INTERIM CHAIRMAN ALBERTI: Or is

19 it Abebabeyene? Is it Ms. Beyene?

20 MS. BEYENE: Yes.


22 Great. Thank you. I just want to make sure


1 I have that right. Please be seated.

2 MR. WOODSON: Thank you.


4 This is a show cause hearing.

5 Just one moment, please.

6 This is a show cause hearing. Are

7 there any preliminary matters before we begin?

8 MS. PHILLIPS: No, there are not,

9 Mr. Chair.


11 Hearing that there are no preliminary matters,

12 let's proceed. How many witnesses will have,

13 Ms. Phillips?

14 MS. PHILLIPS: Three.

15 INTERIM CHAIRMAN ALBERTI: Three?

16 Okay. And, Ms. Gordon, how many witnesses?

17 MS. GORDON: We'll have one.

18 INTERIM CHAIRMAN ALBERTI: One

19 witness? Okay. Do we need to call the rule

20 on witnesses, Ms. Phillips? Or, Ms. Gordon,

21 because I guess --

22 MS. PHILLIPS: Yes, I'm the one


1 that has three.

2 INTERIM CHAIRMAN ALBERTI: You're

3 the one that has three. Ms. Gordon, do we

4 need to call the rule on witnesses?

5 MR. WOODSON: Yes.

6 MS. GORDON: Yes.

7 INTERIM CHAIRMAN ALBERTI: Yes?

8 MS. GORDON: Yes.


10 So, Ms. Phillips, do you want to tend to that?

11 Okay. Are we set to proceed?

12 MS. PHILLIPS: We are set to

13 proceed as far as I'm concerned.

14 INTERIM CHAIRMAN ALBERTI: All

15 right. Very good. Okay. We will have

16 opening statements. Five minutes for each

17 side. Ms. Phillips, please begin.

18 MS. PHILLIPS: Thank you, Mr.

19 Chair. This is a single charge notice that

20 concerns a noise violation pursuant to a

21 voluntary agreement that has contained within

22 it various procedural matters as to how noise


1 complaints are to be addressed.

2 It is the contention of the

3 District in this particular case that the

4 requirements of the voluntary agreement were

5 complied with by the residents who brought the

6 complaint and investigated by the ABRA

7 investigator, and that at the end of the day

8 the Board should find in favor of the

9 violation being upheld.

10 INTERIM CHAIRMAN ALBERTI: Thank

11 you, Ms. Phillips.

12 Ms. Gordon?

13 MS. GORDON: Good afternoon,

14 Chairman Alberti and Members of the Board. We

15 are here today in accordance with D.C. Code

16 Section 25-446 in a show cause notice related

17 to an alleged violation of a voluntary

18 agreement.

19 Under the voluntary agreement

20 agreed to in March 2008 with Mood Lounge's

21 predecessor and neighborhood residents, the

22 Applicant is required to take all necessary


1 actions to ensure that music, noise and

2 vibrations from the establishment are not

3 audible within any adjacent residential

4 properties.

5 You will hear in today's testimony

6 and see in the case reports that the Applicant

7 has taken the required actions underneath the

8 voluntary agreement. The Applicant has been

9 responsive to the concerns of neighbors and

10 ABRA, which is shown on May 15th and May 19th

11 in the case reports. The Applicant has

12 purchased a new sound limiter for Mood Lounge.

13 The Applicant has installed soundproofing and

14 disconnected numerous speakers and bass

15 throughout Mood Lounge to further reduce the

16 levels of music throughout the establishment.

17 And most importantly, the Applicant has

18 maintained the volume levels that were agreed

19 to by ABRA and the Complainants on May 19th.

20 The Attorney General may try to

21 distract you with matters that are not

22 pertinent to this show cause notice,


1 particularly the incidents that happened on

2 May 15th and May 19th, 2011, and you should

3 not be distracted by this. The purpose of

4 this hearing is to address the issues on the

5 nights at hand and whether based on those

6 actions the Board should take a corrective

7 action in this case.

8 The evidence will confirm that

9 Mood Lounge has been compliant with the

10 voluntary agreement. For these reasons the

11 Board should dismiss the charge that is the

12 subject of the show cause hearing and Mood

13 Lounge should not be fined or suspended under

14 D.C. law. Thank you.


16 you, Ms. Gordon.

17 Ms. Phillips, would you like to

18 call your first witness?

19 MS. PHILLIPS: I would indeed.

20 INTERIM CHAIRMAN ALBERTI: So

21 would your first witness stand and raise your

22 right hand? Do you solemnly affirm that the


1 testimony you're about to give will be the

2 truth, the whole truth and nothing but the

3 truth?

4 MR. DANILOVICS: I do.


6 you. Please be seated.

7 MS. PHILLIPS: Mr. Chair, I would

8 like to present a notebook full of exhibits

9 for him to refer to.


11 Has --

12 MS. PHILLIPS: Yes.

13 INTERIM CHAIRMAN ALBERTI: Ms.

14 Gordon, have you seen this and --

15 MS. GORDON: Yes, I have.


17 Thank you. Please.

18 MS. PHILLIPS: Thank you.

19 MR. WOODSON: Mr. Alberti, with

20 your indulgence, please, we've seen this

21 document as the Attorney General has noted,

22 and we object to the submission of this


1 material or the transmission or sponsorship of

2 this material by this witness. The document

3 contains information and activities associated

4 with matters that are not in issue in the

5 proceeding. We are concerned with activities

6 of Mood Lounge on dates specific. This

7 witness intends to sponsor a document which

8 discusses activities beyond the framework of

9 these dates in an effort to create in the mind

10 of the Board a pattern of activity that is not

11 the subject of the proceeding today and we

12 object to the use of this material in an

13 effort to establishment matters outside of the

14 scope of issues in the show cause today.


16 Phillips, would you like to respond?

17 MS. PHILLIPS: I would indeed, Mr.

18 Chair. The voluntary agreement is very, very

19 specific about the steps that need to be taken

20 prior to reporting this matter to ABRA and

21 having ABRA act upon it, and therefore the

22 preceding events need to be established in


1 brief so that you can have a perspective. The

2 District does not intend to go beyond the

3 dates of the notice except for one additional

4 question, which I'm sure Mr. Woodson will

5 object to when it gets to that, but that's it.

6 We need to establish that what the voluntary

7 agreement requires does indeed -- was indeed

8 met. Plus, this witness will also establish

9 what occurred within the time period of this

10 notice with regard to letters and with regard

11 to the test that was conducted by ABRA.

12 MR. WOODSON: Mr. Alberti --

13 INTERIM CHAIRMAN ALBERTI: Well, I

14 just want to ask Ms. Phillips a question.

15 MR. WOODSON: Yes.


17 Phillips, I'm a little slow here, so bear with

18 me.

19 MS. PHILLIPS: It's been a long

20 day, I hear.

21 INTERIM CHAIRMAN ALBERTI: Yes.

22 My recollection is there's a notice of cure in


1 the voluntary agreement.

2 MS. PHILLIPS: There is. There

3 are notice to cure -- notice and time to cure

4 requirements of the voluntary agreement, and

5 they're very specific.


7 you're saying that the documentation that you

8 want to present through this witness is

9 related to that?

10 MS. PHILLIPS: Right, and it's --


12 it's a process of curing the original

13 complaint?

14 MS. PHILLIPS: It is in the

15 process of establishing that the Complainants

16 complied with the voluntary agreement as they

17 are requesting that the establishment comply

18 with the voluntary agreement. And without

19 some sort of testimony about the precursors

20 that were required until we got to this stage

21 where a notice and a problem was identified,

22 then the Board is operating in less than a


1 perfect context.

2 Additionally, this witness will

3 explain what the neighborhood looks like and

4 other issues in the neighborhood that will

5 provide in brief a context in which the Board

6 can look at this notice. And all of the

7 information that will be introduced is one

8 either contained in the investigative report,

9 which if history is any predictor, counsel for

10 the establishment had before I identified it

11 as an exhibit that I would be using and

12 offering in evidence at this hearing.

13 And attached to those

14 investigative reports, of which there are two,

15 175 and 175A, there are various exhibits which

16 are in part to be identified by this witness,

17 in part by the other witness that I will be

18 calling, community witnesses, two community

19 witnesses.

20 And then the remainder of the

21 evidence to be discussed will be introduced

22 and identified by the investigator. All of


1 these things that we will be discussing were

2 looked at by the investigator, from what I can

3 tell.



6 Mr. Woodson?

7 MR. WOODSON: Yes, Mr. Alberti,

8 this is a stunning situation. We have one

9 event on one day. We have two investigative

10 reports that speak for themselves. This is an

11 effort to create a mountain out of this

12 molehill. If the issue -- if the Board has

13 two investigative reports before it which

14 really outline the whole circumstance, this

15 testimony, if anything, is a redundancy. All

16 of the discussion about -- the proposed

17 discussion about what happened, with whom, by

18 what, by when seems to us to really be beside

19 the point.

20 The voluntary agreement says that

21 the Applicant will take steps to resolve the

22 noise issues. When the noise issue was


1 brought to attention, the investigative agent

2 for the Board came to the site. This is all

3 in the investigative report, that's a matter

4 of record before your body, that steps were

5 taken to ameliorate the circumstance, and

6 there we have it. All of this additional

7 discussion seems not only redundant but beside

8 the point and really is a conduit to enlarge

9 the proceeding beyond the straightforward

10 issues, the single issue that is presented

11 today in the case. Thank you.


13 you, Mr. Woodson.

14 Ms. Phillips, I have a question

15 for you. So are you trying to -- with these

16 documents, at least in part, are you trying to

17 provide evidence that Protestants have met

18 their obligations under Section 16 of the

19 voluntary agreement? This is a notice and

20 enforcement before the ABC Board. In the

21 event of a violation of provisions of the

22 voluntary agreement, the Applicant shall be


1 notified in writing, etcetera.

2 MS. PHILLIPS: Yes, in part. And

3 also, the District is trying to look at page

4 2, Section 6, Applicant will take all

5 necessary steps to ensure that music, noise

6 and vibrations are not disruptive to adjacent

7 residential properties' occupants' reasonable

8 use of areas of their property. Should any

9 sound, noise or music be heard in any

10 residential premises, Applicant will take

11 immediate remedial action. And that's before

12 you get to the notice requirements in the

13 voluntary agreement.

14 So in order to establish what Mr.

15 Woodson is -- that the neighborhood and

16 Complainants have been reasonable, I think we

17 need a little bit of information before the

18 Board to establish that the requirements of

19 the voluntary agreement, which is what we're

20 here to discuss, were met. Additionally, that

21 kind of information should be in the record if

22 this matter goes elsewhere.


1 MR. WOODSON: Mr. Alberti, with

2 all due respect to my learned colleague, the

3 investigative -- if this -- if we were

4 beginning this proceeding with the

5 investigative reports, all of this would be

6 unnecessary. The investigative report goes

7 right to that very matter. There was a

8 complaint, there was an investigation by ABRA

9 and there were steps taken by the Applicant,

10 or by the owner to in fact remediate the sound

11 that was the source of the unreadiness in the

12 beginning. All of this is in the

13 investigative report.

14 Having to listen and expand the

15 record with additional testimony, which

16 essentially seeks to establish the same thing

17 again, we still object to this. It is beyond

18 the scope of the one narrow order in the case

19 today and we -- with all due respect, I think

20 the Board's time, attention and resources are

21 better focused on what its agents found and

22 did on the moments in question through the


1 investigative reports.

2 INTERIM CHAIRMAN ALBERTI: Well,

3 Mr. Woodson, I'm going to overrule the

4 objection. I think item 6 and item 16 of the

5 VA, taken together, speak to the fact that

6 there has to be a series of incidents over a

7 period of time to prove a violation of the

8 voluntary agreement. And I believe that

9 that's what Ms. Phillips intends to show

10 through this testimony. So I'm going to allow

11 the testimony.

12 MR. WOODSON: Well, would you

13 permit me notice my objection for the record?

14 INTERIM CHAIRMAN ALBERTI: To --

15 pardon?

16 MR. WOODSON: Just notice my

17 objection for the record.

18 INTERIM CHAIRMAN ALBERTI: Yes,

19 it's noted for the record.

20 Please proceed, Ms. Phillips.

21 MS. PHILLIPS: And, Mr. Alberti,

22 Mr. Chair, I will also give the learned


1 counsel to my left a standing objection so

2 that they will not have to object to each

3 question, which should speed the matter along,

4 if necessary.

5 INTERIM CHAIRMAN ALBERTI: Do you

6 desire a standing objection, Mr. Woodson?

7 MR. WOODSON: Well, I'm not quite

8 sure what her standing objection is, but I

9 will await the questions that she asks and

10 then decide whether an objection is warranted.

11 INTERIM CHAIRMAN ALBERTI: I think

12 it's best to proceed that way, Mr. Woodson.


14 INTERIM CHAIRMAN ALBERTI: I

15 agree. I think we'll --


17 Chair.

18 INTERIM CHAIRMAN ALBERTI: We'll

19 deal with the time issue as it unfolds.

20 Continue, Ms. Phillips.

21 MS. PHILLIPS: May I begin now?



1 you may begin.

2 MS. PHILLIPS: Would you state

3 your name for the record and spell it for the

4 court reporter, please?

5 MR. DANILOVICS: George

6 Danilovics, G-E-O-R-G-E. The harder part, D-

7 A-N-I-L-O-V-I-C-S.

8 MS. PHILLIPS: And where do you

9 reside?

10 MR. DANILOVICS: I'm at 1316

11 Naylor Court, Northwest, Unit No. 4.

12 MS. PHILLIPS: Is that a

13 condominium building immediately adjacent to

14 the establishment in question, Mood Lounge?

15 MR. DANILOVICS: Yes, it is.

16 MS. PHILLIPS: And where do you

17 work?

18 MR. DANILOVICS: I work at the

19 Washington Council of Governments.

20 MS. PHILLIPS: Let me ask you to

21 look at Exhibit A, tab A of the notebook that

22 you see. And then there is a -- when you get


1 to tab A there are tabs, and look at tab 3,

2 the second page of tab 3. Can you identify

3 the second page of Exhibit A, attachment 3,

4 please?

5 MR. DANILOVICS: Yes, this is a

6 letter that the Owners of the NINE, which is

7 the name of the condominium association, sent

8 to Mood Lounge in a specific complaint to

9 noise and asking them that they take the steps

10 that are required in the voluntary agreement

11 to remedy those noises.

12 MS. PHILLIPS: Was this the first

13 official written notice of a noise complaint?

14 MR. DANILOVICS: The first

15 official written, yes.

16 MS. PHILLIPS: It was? And --

17 MEMBER NOPHLIN: And speak up,

18 please.

19 MR. DANILOVICS: I'm sorry.

20 INTERIM CHAIRMAN ALBERTI: Please

21 speak up, Mr. Danilovics.

22 MR. DANILOVICS: Sorry. Yes, it


1 was.


3 actually if you could face us. I know it's a

4 little awkward, but if you face us when you

5 answer the questions, because -- and I believe

6 it's awkward --

7 MR. DANILOVICS: Sure thing.


9 you.

10 MS. PHILLIPS: Prior to that time

11 had you given any -- had you made any verbal

12 complaints in an attempt to resolve this

13 matter?

14 MR. DANILOVICS: Yes,

15 representatives from the lounge were at some

16 ANC hearings and at Blagden Alley/Naylor Court

17 Association meetings and we approached them

18 informally at those venues about the noise

19 issue.

20 MS. PHILLIPS: Now, when did Mood

21 Lounge become a resident of your neighborhood?

22 MR. DANILOVICS: I believe they


1 moved in in January of 2011.

2 MS. PHILLIPS: Did you meet them

3 in a good neighbor capacity prior to your

4 complaints?

5 MR. DANILOVICS: We did not.

6 MS. PHILLIPS: If you will look at

7 attachment B, I mean Exhibit B, attachment --

8 Exhibit 1 to -- and that's the second

9 investigative report, B is. And Exhibit 1.

10 And it may not be a one. It just may be a

11 tab.

12 MR. DANILOVICS: Yes.

13 MS. PHILLIPS: Can you identify

14 that document in Exhibit 1?

15 MR. DANILOVICS: Is this the ABRA

16 complaint related to trash and noise again?

17 MS. PHILLIPS: Okay. So --

18 MR. DANILOVICS: It's the one on

19 the right?

20 MS. PHILLIPS: Right.

21 MR. DANILOVICS: Okay.

22 MS. PHILLIPS: Looks like this?



2 MS. PHILLIPS: All right. So this

3 was another written report about noise,

4 because this complaint is about noise,

5 correct?

6 MR. DANILOVICS: Correct, this is

7 another submission related to noise.

8 MS. PHILLIPS: And what date was

9 this notice sent? It looks like an online

10 complaint form that ABRA has.

11 MR. DANILOVICS: I'm trying to

12 find the date on this.

13 MS. PHILLIPS: Mid-right.

14 MR. DANILOVICS: Oh, there it is.

15 On the date -- sorry -- May 15th.

16 MS. PHILLIPS: 2011?

17 MR. DANILOVICS: 2011.

18 MS. PHILLIPS: And did you fill

19 this complaint out online through ABRA Web

20 site?

21 MR. DANILOVICS: Yes, it was the

22 online pdf form.


1 MS. PHILLIPS: And subsequently

2 did anything happen -- did an ABRA

3 investigator come out and talk to you with

4 regard to this May 15th complaint?


6 MS. PHILLIPS: And from your

7 actual attendance, not from what anybody else

8 did, but from what you did, did you meet with

9 that ABRA investigator?

10 MR. DANILOVICS: Yes, I did.

11 MS. PHILLIPS: And what were the

12 circumstances and in brief what happened?

13 MR. DANILOVICS: It was an

14 afternoon, and I'd have to look to find the

15 exact date, but the ABRA investigator came

16 out. It was myself, another one of the

17 witnesses and a representative from Mood

18 Lounge to do sound tests. I was in my

19 condominium while they were adjusting volumes

20 within Mood Lounge and it was, you know, can

21 you hear the sounds now and we -- you know,

22 they adjusted the volume until it was an


1 acceptable level. Took about a half hour for

2 that process to --

3 MS. PHILLIPS: And you were with

4 another condo owner?


6 MS. PHILLIPS: Was that other

7 condo owner in his condo, not in yours, or

8 what?

9 MR. DANILOVICS: I was in mine, so

10 I can't tell you where he was. He wasn't in

11 my condo.

12 MS. PHILLIPS: Okay. Good. All

13 right. I want you to turn to Exhibit D. And

14 while you're finding --

15 MR. DANILOVICS: Yes, I got it.

16 MS. PHILLIPS: -- Exhibit D, does

17 your condominium share an actual wall with the

18 establishment Mood Lounge, or is there some

19 space between your condo and Mood Lounge?

20 MR. DANILOVICS: My condo actually

21 -- you can't see on this picture, but it

22 doesn't share a wall with Mood Lounge. The


1 unit below me does share a wall, which is the

2 second floor. I'm actually the third and

3 fourth floor of the building, so I'm up above

4 Mood Lounge.

5 MS. PHILLIPS: So Exhibit D, what

6 does that show?

7 MR. DANILOVICS: That shows the

8 front of the buildings along 9th Street,

9 Northwest.

10 MS. PHILLIPS: And so it shows the

11 front of your building and the front of Mood

12 Lounge. But in the foreground is there an art

13 gallery or something there?

14 MR. DANILOVICS: Yes, Bishop

15 Lamont Art Gallery is the first building.

16 MS. PHILLIPS: And do they hold

17 musical events in that establishment from time

18 to time?

19 MR. DANILOVICS: Yes, they do.

20 They get one-night liquor licenses from ABRA

21 to host events and gallery openings.

22 MS. PHILLIPS: Do they have like


1 chamber music or music that's similar to the

2 type of music that Mood Lounge has, or do you

3 know?

4 MR. DANILOVICS: I have not been

5 inside to tell you what type of music, but it

6 sounds like they have a DJ providing the music

7 for them. It doesn't seem like there's a live

8 band or any type of music. It seems recorded

9 dance music.

10 MS. PHILLIPS: Have you had a

11 chance or has it been necessary to make

12 complaints against that particular

13 establishment for music?

14 MR. DANILOVICS: No, the

15 neighborhood's had no complaints and I've had

16 no issue with the noise from Bishop Lamont.

17 MS. PHILLIPS: If you would turn

18 to Exhibit E, please?


20 MS. PHILLIPS: What is that?

21 MR. DANILOVICS: This is a shot up

22 Naylor Court looking eastbound. You can see


1 the NINE Condominium, which is the red brick

2 building and Mood Lounge, which is the gray

3 building. So this is the rear of the

4 establishments.

5 MS. PHILLIPS: So if I'm looking

6 into the picture on my left --


8 MS. PHILLIPS: -- that would be

9 Mood Lounge? I mean, on the left the -- see,

10 I don't have a color picture. I'm sorry.


12 MS. PHILLIPS: So if that is Mood

13 Lounge --

14 MR. DANILOVICS: Correct.

15 MS. PHILLIPS: -- then yours is

16 the lighter brick with the two looks like

17 garage doors?


19 MS. PHILLIPS: Is that a gate

20 between you and the next establishment?

21 MR. DANILOVICS: It's a stairwell

22 between us and the next establishment, which


1 is a sandwich shop.

2 MS. PHILLIPS: Does the gate lead

3 to an alley which leads all the way to 9th

4 Street?

5 MR. DANILOVICS: It's sort of an

6 open-air courtyard between the sandwich shop

7 and where Bishop Lamont is in the front on 9th

8 Street.

9 MS. PHILLIPS: And may I assume

10 that the sandwich shop doesn't have live music

11 ever?

12 MR. DANILOVICS: No, they do not.

13 MS. PHILLIPS: Okay. All right.

14 And No. F?


16 MS. PHILLIPS: What is that?

17 MR. DANILOVICS: This is the shot

18 of Mood Lounge, a close up of the back with

19 their please do not urinate in alley signs and

20 the request for people not to park in the

21 alley.

22 MS. PHILLIPS: Okay. And G?


1 MR. DANILOVICS: This is a shot of

2 the NINE, which is the condominium I live in

3 where you can see -- as you pointed out

4 earlier, the first floor is storage units.

5 The second floor is a condo unit that is owned

6 by somebody else. And then you'll see the

7 third and the fourth floor are my unit.

8 MS. PHILLIPS: Okay. You have a

9 two-story unit?


11 MS. PHILLIPS: Oh. And I see a

12 fence.

13 MR. DANILOVICS: That's an outdoor

14 deck that I have that is on the roof of the

15 second floor.

16 MS. PHILLIPS: Okay. And that's

17 your deck?


19 MS. PHILLIPS: And H?

20 MR. DANILOVICS: This is a view

21 from inside my unit on the third floor, which

22 is my first floor, looking eastbound where you


1 can see the southern wall of Mood Lounge and

2 then an outdoor deck space shared by two other

3 condo unit owners in the building.

4 MS. PHILLIPS: But that's not your

5 deck?

6 MR. DANILOVICS: No, it's not my

7 deck.

8 MS. PHILLIPS: Okay. Now as I

9 look at this picture H, it looks like the

10 walls of the NINE merge with an attachment to

11 the wall of Mood Lounge. Is that a fair

12 assessment of this picture?

13 MR. DANILOVICS: That's what it

14 looks like from the second floor is that there

15 is a gap between the two buildings.


17 MR. DANILOVICS: And then they

18 come together at the first floor.

19 MS. PHILLIPS: Okay. And that is

20 at the level of the first floor of another

21 condominium, not yours?

22 MR. DANILOVICS: Correct.


1 MS. PHILLIPS: All right. I?

2 MR. DANILOVICS: This was from the

3 second floor just outside my deck looking

4 eastbound where you can see that the second

5 floor of the structures of Mood Lounge and my

6 condo building are actually abutting one

7 another. And that's further eastbound there

8 is a two or three-foot gap between the two

9 buildings.

10 MS. PHILLIPS: All right. And do

11 you recall, did Mood Lounge always have a

12 second floor?

13 MR. DANILOVICS: The building

14 always had one. I can't say if they've always

15 used it.

16 MS. PHILLIPS: Okay. And J?

17 MR. DANILOVICS: This is an aerial

18 shot of the neighborhood pointing out

19 locations of Mood Lounge and the NINE, also

20 highlighting other businesses or organizations

21 in the area that do have activities that

22 produce noise, specifically the Bishop Lamont


1 Art Gallery. We do have a band recording

2 studio in Naylor Court. We have a photography

3 studio, which also has -- holds openings with

4 entertainment and lots of people. And we also

5 have two churches.

6 MS. PHILLIPS: When the test was

7 completed and you were indeed satisfied that

8 can you hear me now was adjusted to a point

9 where --


11 MS. PHILLIPS: -- you couldn't

12 really hear you now, what were you looking

13 for? Were you looking for complete silence in

14 your condominium?

15 MR. DANILOVICS: No, and that's

16 actually what we went through with the

17 inspector is we did get to a level where I

18 could have my windows open and not hear any

19 noise, because he specifically asked, you

20 know, are your windows open or are your

21 windows closed? And at one point my windows

22 were open and I could not hear anything. We


1 then got to a point where I was able to say my

2 windows are open, but I can hear, but it's

3 okay. If I shut the windows, I can't hear

4 anything. The level that I was even expecting

5 was just to be able to have the windows shut

6 and have my television on and be able to hear

7 my television and not the music from outside.

8 MS. PHILLIPS: Now after the test

9 was completed was there a period of time when

10 the noise level was acceptable to you?

11 MR. DANILOVICS: Yes, it was

12 acceptable for about two weeks.

13 MS. PHILLIPS: I have no further

14 questions of this witness. I would move for

15 the admission of all of the pictures that we

16 have discussed. That would be Exhibit D

17 through J, which includes the map, and Exhibit

18 A, attachment 3 and Exhibit B, attachment 1.


20 you, Ms. Phillips. Noting Mr. Woodson's

21 objections, we will --

22 MR. WOODSON: Yes, Mr. Chairman,


1 the photographs speak for themselves. I must

2 observe that the witness' remarks about

3 direction may have been somewhat misplaced.

4 Mood Lounge is north not than east. And

5 Naylor Alley runs north and south rather than

6 east and west, but --


8 this all can be cleared up --

9 MR. WOODSON: Past that. Past

10 that.

11 INTERIM CHAIRMAN ALBERTI: --

12 during cross-examination.

13 MR. WOODSON: Past that, Your

14 Honor, Mr. Chairman, we do not object to the

15 photographs.


17 MR. WOODSON: We do object to the

18 submission of this other Exhibit meaning what

19 looks like to be Exhibit C and --

20 MS. PHILLIPS: That hasn't been

21 identified for the record yet.

22 MR. WOODSON: Okay. So let me be


1 sure what exhibits we are talking about.

2 Would you restate them again, counsel?

3 MS. PHILLIPS: Certainly. I

4 assume that you're not objecting to the

5 pictures or the maps, so we can move to the

6 other two exhibits?

7 MR. WOODSON: Yes. Yes.

8 MS. PHILLIPS: All right. Exhibit

9 A is the first investigative report. And

10 attached to Exhibit A are I believe five

11 exhibits. And I have requested on behalf of

12 the District to admit Exhibit A, attachment 3.

13 And to be more specific, the second page of

14 attachment 3, which is actually an exhibit to

15 the first investigative report.


17 Exhibit A is an investigative report?


19 INTERIM CHAIRMAN ALBERTI: And it

20 has --

21 MS. PHILLIPS: Five exhibits. And

22 I'm asking for the second page of the third


1 exhibit to be admitted.


3 MS. PHILLIPS: That's why I used 1

4 and As and Bs.

5 INTERIM CHAIRMAN ALBERTI: I got

6 you.

7 MR. WOODSON: Yes, we do object to

8 the inclusion of Exhibit 3 to the

9 investigative report.

10 INTERIM CHAIRMAN ALBERTI: Before

11 we get to that, Mr. Woodson, this is part of

12 the ABRA record, am I correct?

13 MS. PHILLIPS: It is indeed part

14 of the ABRA record.

15 INTERIM CHAIRMAN ALBERTI: So, Mr.

16 Woodson --

17 MR. WOODSON: Well --

18 INTERIM CHAIRMAN ALBERTI: -- the

19 Board will take administrative note of what's

20 in our record.

21 MR. WOODSON: Well, I certainly

22 appreciate that, Mr. Alberti. That's why I


1 stated in the beginning we didn't need this

2 witness. If what we're doing is admitting the

3 Board's investigative record, we could have

4 done that by stipulation and then talked about

5 pictures. So --


7 right. Well, we're talking about the exhibit,

8 whether it should be admitted or not, so --

9 MR. WOODSON: Yes, we cannot

10 object to that. It's --


12 MR. WOODSON: -- the Board's

13 record.


15 So the other exhibit now is?

16 MS. PHILLIPS: B, which is the

17 second investigative report, and it has three

18 exhibits attached to it as I recall. And

19 Exhibit 1 is to Exhibit B, District Exhibit B,

20 is the online complaint form which this

21 witness identified.



1 And I assume, Mr. Woodson, that you're going

2 to have objections to some future exhibits,

3 but to these two?

4 MR. WOODSON: Absolutely not, Mr.

5 Chairman.


7 Very good.

8 MR. WOODSON: As I stated before,

9 we could have started with this.


11 Okay. But, you know, that's the prerogative

12 of the Attorney General's Office as they

13 present the case. So we will accept those

14 into evidence, Ms. Phillips.


16 Chair. I have no further questions of this

17 witness, Mr. Chair.


19 Questions from the Board? I have a question.

20 Okay. The first exhibit you spoke about was

21 a letter to Mood Lounge?




2 what was the date of that letter?

3 MR. DANILOVICS: That date was

4 March 9th, 2011, sir.

5 INTERIM CHAIRMAN ALBERTI: March

6 9th, 2011. And how was that letter delivered

7 to Mood Lounge?

8 MR. DANILOVICS: I was not the

9 person who delivered that, so I can't answer

10 that question.


12 And the second exhibit you spoke to, I believe

13 it was a notice to ABRA on May 15th. Is that

14 correct?


16 INTERIM CHAIRMAN ALBERTI: A

17 complaint to ABRA?


19 INTERIM CHAIRMAN ALBERTI: As a

20 result of that complaint when did the

21 investigator visit your residence?

22 MR. DANILOVICS: The investigator


1 didn't specifically say that he was visiting

2 for that complaint, or he didn't identify

3 which complaint.

4 INTERIM CHAIRMAN ALBERTI: So what

5 day did the -- so the investigator visited

6 your residence --


8 INTERIM CHAIRMAN ALBERTI: -- on

9 what date?

10 MR. DANILOVICS: I'd have to look

11 to find that on the calendar, which is another

12 exhibit.

13 MS. PHILLIPS: It's in the

14 investigative report and somebody else will

15 testify to that, Mr. Alberti.


17 Fine. So you can't answer that?

18 MR. DANILOVICS: Yes, I --

19 INTERIM CHAIRMAN ALBERTI: That's

20 fine. That's fine. Okay. No further

21 questions.

22 Any questions from the Board?


1 MEMBER NOPHLIN: I have just one

2 question, Mr. Chair.

3 INTERIM CHAIRMAN ALBERTI: Mr.

4 Nophlin?

5 MEMBER NOPHLIN: In your testimony

6 you mentioned that you did -- I guess you met

7 with the owners, the ANCs, I guess. And they

8 met? There was some discussion?


10 MEMBER NOPHLIN: And you didn't

11 elaborate on -- what was the problem? You

12 said it didn't work out. What was the

13 problem?

14 MR. DANILOVICS: Yes, at the ANC

15 and -- at the ANC 2 and at the Blagden

16 Alley/Naylor Court Association meetings Mr.

17 Henry was there for Mood Lounge, and we

18 approached him about the noise issues. He

19 provided us his business card and offered up,

20 you know, if we have noise issues to contact

21 him, email him. I personally have emailed him

22 while he was employed at Mood Lounge when


1 there had been issues with noise and trash and

2 with some results and sometimes not getting

3 results.

4 MEMBER NOPHLIN: Thank you, Mr.

5 Chair.


7 you, Mr. Nophlin.

8 Any redirect, Ms. Phillips, based

9 on those questions?

10 MS. PHILLIPS: No, no redirect,

11 Mr. Chair.


13 Gordon, any cross based on the Board's

14 questions?

15 MS. GORDON: No, sir.


17 you. Mr. -- I'm sorry.

18 MR. DANILOVICS: Danilovics.

19 INTERIM CHAIRMAN ALBERTI:

20 Danilovics. You may step down. Thank you.

21 MS. PHILLIPS: Thank you. The

22 District of Columbia will call Mr. Hingoraney


1 as its next witness. I believe he's outside.


3 MS. PHILLIPS: Would you like me

4 to get him or --

5 INTERIM CHAIRMAN ALBERTI: Is

6 there someone else who can get him?

7 MS. PHILLIPS: Oh.


9 you, Chief Jackson.

10 Mr. Hingoraney, if you would

11 approach the witness stand and raise your

12 right hand? Do you solemnly affirm that the

13 testimony you're about to give will be the

14 truth, the whole truth and nothing but the

15 truth?

16 MR. HINGORANEY: I do.



19 MS. PHILLIPS: Will you state your

20 name for the record and spell it?

21 MR. HINGORANEY: Rishi Hingoraney,

22 R-I-S-H-I, H-I-N-G-O-R-A-N-E-Y.


1 MS. PHILLIPS: Does he need to

2 speak up?


4 Mr. Hingoraney, if you would speak up. And if

5 you could direct your answers --

6 MR. HINGORANEY: Of course. Sure.


8 towards the Board. It's a little awkward I

9 know, but this way we'll be able to hear you

10 clearly.

11 MR. HINGORANEY: Sure.


13 Proceed, Ms. Phillips.

14 MS. PHILLIPS: I believe that the

15 court reporter has the mic, so when you speak

16 into the mic, he hears you, but he will let me

17 know if he cannot hear you.

18 Yes, would you tell me where you

19 reside?

20 MR. HINGORANEY: I reside at 1442

21 E Street, Southeast in Washington, D.C.

22 MS. PHILLIPS: What is your


1 connection to the NINE?

2 MR. HINGORANEY: My family owns a

3 condominium at the NINE and my wife and I

4 manage the condo on behalf of my parents. And

5 we have been dealing with this sound issue on

6 behalf of our tenants -- two sets of tenants

7 since the beginning of the year.

8 MS. PHILLIPS: Okay. And where

9 are you employed?

10 MR. HINGORANEY: I work at NPR,

11 National Public Radio.

12 MS. PHILLIPS: Does your

13 condominium unit have a contiguous wall with

14 Mood, or is it separated by a small alley?

15 MR. HINGORANEY: We share a wall.

16 We do.

17 MS. PHILLIPS: You actually share

18 a wall?

19 MR. HINGORANEY: That's correct.

20 MS. PHILLIPS: Okay. If you will

21 turn to Exhibit G in the book. Is that your

22 condominium unit?


1 MR. HINGORANEY: That is, yes.

2 MS. PHILLIPS: And those doors

3 that look like garage doors to me is that part

4 of your unit?

5 MR. HINGORANEY: That's not. That

6 is I believe retailer storage space right

7 below us.

8 MS. PHILLIPS: Okay. And is your

9 condominium a multi-level condominium?

10 MR. HINGORANEY: No, it's just one

11 -- well, it's got a very small staircase in

12 it, but it's considered one level.

13 MS. PHILLIPS: Do you have a deck

14 of any kind?

15 MR. HINGORANEY: We do have a

16 balcony on the rear of the condo. Sorry, on

17 the other side, which is the front of -- not

18 facing Naylor Court, we have a balcony.

19 MS. PHILLIPS: Okay. If you will

20 look briefly through the pictures that start

21 with D and end with I is there a picture of

22 your balcony in any of those, even the


1 smallest corner of your balcony.

2 MR. HINGORANEY: Yes, in Exhibit H

3 on the lower right-hand side of the picture is

4 a picture of the left side of our balcony.

5 MS. PHILLIPS: Were you involved

6 in any witnessing of noise violations within

7 the condominium that your family owns or in

8 any other condominium prior to the first

9 written report?

10 MR. WOODSON: Mr. Chairman, I

11 object. We're not here to talk about any

12 circumstance on any day that could be of this

13 witness' choosing. The issues at hand at the

14 dates in issue in the investigative reports.

15 This is just what I thought was going to

16 happen. The witness now -- the Government is

17 now putting forth witnesses to discuss matters

18 extraneous to the circumstances discussed in

19 both of the investigative reports. They're

20 now an evidentiary matter. If the witness

21 wishes to discuss circumstances associated

22 with these dates, that's one thing, but to


1 discuss circumstances around any date they

2 wish to choose, I submit, is improper.


4 you, Mr. Woodson.

5 Ms. Phillips?

6 MS. PHILLIPS: I have limited it

7 to, if not specifically to the date on which

8 that hearing -- the investigative test was

9 done, which I believe was May 17th, but you

10 know I always have to check those things; oh,

11 I'm sorry, May 19th, 2011, and earlier,

12 partially to discuss this witness' actual

13 knowledge, because as he has now testified, he

14 doesn't live in the condominium. He manages

15 it along with his spouse for his parents. So

16 I want to make sure that if he had any other

17 witnessings of noise complaints within his

18 condominium or another condominium that he

19 speaks only to those.

20 MR. WOODSON: Mr. Chairman, I

21 object to this again.



1 wait, wait. I'm trying to understand what's

2 being asked.

3 MR. WOODSON: Okay.

4 INTERIM CHAIRMAN ALBERTI: So let

5 me -- just let me --

6 MR. WOODSON: Sure.


8 asking the witness about what date?

9 MS. PHILLIPS: About any dates

10 prior to the test on May 19th in which he

11 actually witnessed noise or vibration

12 complaints in a condominium contained within

13 the NINE. He does not live there, so I want

14 to make sure that the question is predicated

15 so that if he has knowledge of other events

16 from discussions with other people that he

17 does not testify about those, but only to

18 those events of which he has actual knowledge.


20 Woodson?

21 MR. WOODSON: Yes, this witness is

22 -- from what I've understood here, this


1 witness is going to testify about May 19th.

2 Okay. Testify about May 19th. But to testify

3 about what he did or may not have done, what

4 he heard or may not have heard at some other

5 time is not an issue in the proceeding.

6 Despite the Government's repeated attempts to

7 make them issues in the proceeding, they are

8 not and I object and think that this testimony

9 is improper.

10 INTERIM CHAIRMAN ALBERTI: Ms. --

11 MS. PHILLIPS: The -- may I speak?

12 I'm sorry. I didn't mean to interrupt you,

13 Mr. Chair. The voluntary agreement is very

14 specific and I've read the portion that I on

15 behalf of the District believes is important

16 about the -- any noise complaint, any

17 vibration complaint, any anything the

18 establishment must do immediate action. And

19 then the section that the Chair pointed out

20 from having reviewed the voluntary agreement,

21 which has the notice requirements which

22 require, you know, verbal and written notice


1 to the establishment before the condominium,

2 if they have any complaints, can go to an

3 official body like ABRA or DCRA or OAG, or

4 anything like that.

5 I think in order to establish the

6 predicate to what we're dealing with here that

7 brief testimony from but two of; I don't know

8 how many units there are in there, is

9 important to understand the context in what

10 we're dealing with.

11 MR. WOODSON: Mr. Chairman, with

12 your indulgence, please, the Government's

13 interpretation of the terms of the voluntary

14 agreement create an open-ended circumstance

15 within which they could talk about anything at

16 any time, any noise at any time and anywhere.

17 It's just too much. The complaint that we are

18 here about, the complaints that are at issue

19 before the Board today are in the

20 investigative report. This continued

21 discussion, this continued push to make this

22 matter broader than that I think is improper.



2 Mr. Woodson?

3 MR. WOODSON: Yes?

4 INTERIM CHAIRMAN ALBERTI: Just

5 one minute.

6 Okay. I am going to sustain the

7 objection. So we're not going to hear

8 complaints related to noise or privacy that

9 are outside of what is being reported in the

10 two investigative reports we have before us.

11 MS. PHILLIPS: So what you're

12 saying is everything that's predicate required

13 by the voluntary agreement, which is what got

14 us to this notice, this witness cannot testify

15 about?

16 INTERIM CHAIRMAN ALBERTI: How is

17 what this witness has to say related to --

18 this voluntary notice requires a notice to

19 cure. All right? so there has to be notice.



22 then there is a period of cure. All right?


1 And then to be a legitimate complaint,

2 something has to happen after that period in

3 which we allow for the establishment to cure

4 the problem. How does his testimony relate to

5 that sequence of steps?

6 MS. PHILLIPS: Well, I believe

7 that in order to determine the reasonableness

8 of the steps which the Complainants used to

9 comply with the voluntary agreement are

10 important in brief to understand how we got to

11 the notices. ABRA is not allowed to

12 investigate until there has been notice to the

13 establishment, written notice to the

14 establishment, and an opportunity to cure for

15 which there is a 30-day grace period.

16 And then, and only then are the

17 Complainants allowed to complaint to ABRA

18 according to the voluntary agreement. And

19 then ABRA has to get an investigator to be

20 able to come out. And then if it's

21 established that there needs to be a notice

22 done. And then there's a notice done. And


1 then there's a hearing.

2 But there are certain reasonable

3 requirements that have been engaged in before

4 the first written notice that I believe in

5 brief establish how reasonable the

6 Complainants tried to be before they resorted

7 to the voluntary agreement. And I think that

8 is important to establish the milieu in which

9 the first complaint was raised.

10 INTERIM CHAIRMAN ALBERTI: And the

11 first complaint being?

12 MS. PHILLIPS: This one that

13 caused these notices to be issued, to cause

14 these investigative reports to be done and

15 caused the notice to be written. And the

16 first written complaint to comply with the

17 voluntary agreement was March 9th.


19 the reasonableness standard really has to

20 apply to the first letter of notice, which was

21 in March, correct?

22 MS. PHILLIPS: I --


1 INTERIM CHAIRMAN ALBERTI: There

2 was a notice to the establishment in March, if

3 I'm correct. And I haven't seen that, but

4 that's what I understand the testimony to be,

5 there was a notice of -- saying that the sound

6 levels were unacceptable in March. Is that

7 correct?

8 MS. PHILLIPS: There was a written

9 notice complying with the voluntary agreement

10 on March 9th, 2011.

11 INTERIM CHAIRMAN ALBERTI: Right.

12 And so the reasonableness criteria I think

13 applies to that, not the subsequent

14 complaints, only -- except for the one we're

15 dealing with today.

16 MS. PHILLIPS: Right. And I'm not

17 talking about subsequent complaints. I'm not

18 talking about subsequent complaints.


20 talking about --

21 MS. PHILLIPS: I'm talking about

22 the reasonableness that the Complainants used


1 prior -- in their dealings with the

2 establishment prior to the official notice at

3 the last couple of sections of the voluntary

4 agreement. I'm talking about --


6 official -- prior to March?

7 MS. PHILLIPS: Prior to March.

8 And I'm talking about it in the context of the

9 voluntary agreement section that I read to

10 you, the Board --


12 Mr. Woodson?

13 MR. WOODSON: Yes?


15 we're talking about prior to March, because I

16 think we need to establish the reasonableness

17 of that first letter saying we have a problem

18 here.

19 MR. WOODSON: Well, let me offer

20 this, if I could, Mr. Alberti. This notion of

21 reasonableness is really outside of the case

22 itself. The voluntary agreement, as the


1 Government is propounding it to us and to the

2 -- not to us, to the Board, is that the

3 complaint was filed. The Government wants to

4 say that the filing of the complaint was

5 reasonable. There's no requirement that the

6 complaint be reasonable. There's nothing

7 about that.

8 INTERIM CHAIRMAN ALBERTI: Well --

9 MR. WOODSON: If I could. If I

10 could. Indulge me, Mr. Chairman. The

11 complaint was filed. The response from ABRA

12 was clear and the response from Mood Lounge to

13 ABRA's investigation and test, if you will,

14 sound test took place. All of that happened.

15 The fact that the complaint may have been

16 reasonable in the beginning is really beside

17 the point. It's not whether the complaint was

18 reasonable. It was whether the response was

19 proper, not the complaint.

20 INTERIM CHAIRMAN ALBERTI: Well --

21 MR. WOODSON: And so they have --

22 Mood Lounge has in fact responded and did in


1 fact respond to this. If there is some

2 violation associated with this, it doesn't

3 arise out of whether the complaint was

4 reasonable. It arises out of the response of

5 Mood to the complaint and ABRA's investigative

6 activity.

7 And so, I submit that this

8 testimony really is beside the point. What

9 we're really looking at is what the response

10 of Mood Lounge has been with the complaint

11 that was filed.


13 Woodson, I'm going to allow this testimony.

14 If this is prior to the March letter, I will

15 allow it, because this whole process all

16 starts with notification to the Licensee. And

17 I think part of the Board's concern is is that

18 notification was justified. If it wasn't

19 justified, then there is nothing to cure. And

20 so, I think reasonableness, there has to be

21 reasonableness standards applied to that first

22 notice to the establishment. So I'm going to


1 allow testimony leading up to that first

2 notice.

3 Is that understood, Ms. Phillips?

4 MS. PHILLIPS: I believe that what

5 I said was that it needed to be before May

6 17th --

7 INTERIM CHAIRMAN ALBERTI: No.

8 MS. PHILLIPS: -- and there was --

9 if -- listen to this argument and I will

10 say --


12 MS. PHILLIPS: March 9th was the

13 first written notice.


15 MS. PHILLIPS: The opportunity to

16 cure was April 9th. The first noise test that

17 ABRA was able to investigate was May 17th --

18 May 19th.


20 that's the incidence that brought us here

21 today?

22 MS. PHILLIPS: And that is the


1 instance. So they'd already had a violation.

2 They had a violation as of April 9th if there

3 was no cure.

4 INTERIM CHAIRMAN ALBERTI: I don't

5 think, Ms. Phillips, we can hear testimony

6 about complaints and incidents that occurred

7 between the letter of notice and the report

8 that we're dealing with. I think they are

9 outside the scope of this hearing. So if

10 that's Mr. Woodson's objection, then I'm going

11 to sustain that part of the objection as I

12 understand it.

13 MS. PHILLIPS: Well, it is the --

14 those are even more important. The ones

15 between April 9th and when ABRA came out to do

16 the test to prove the violation and to try to

17 fix the violation from that standpoint is even

18 more important because the establishment under

19 the voluntary agreement is only given 30 days

20 to cure. And if the letter was March 9th,

21 April 9th or 10th would be the 30 days to

22 cure. And if there's no allowance to have


1 even the briefest testimony that there were

2 subsequent noise violations after April 9th --

3 because that's what the violation is. That's

4 what got us here.


6 what's the purpose of talking -- of presenting

7 evidence on those alleged noise violations?

8 MS. PHILLIPS: Which ones?


10 ones prior to the May violation.

11 MS. PHILLIPS: The ones prior to

12 the March letter?

13 INTERIM CHAIRMAN ALBERTI: No,

14 prior to the May 17th.

15 MS. PHILLIPS: Because they

16 establish the violation. The complaints prior

17 to March 9th establish that the Complainants

18 were reasonable before they wrote a letter.

19 After March 9th they wrote a letter. They

20 complied with the voluntary agreement with

21 regard to notice requirements. As of April

22 9th there has been an opportunity, the 30-day


1 opportunity to cure, or maybe it's April 10th.

2 I mean, I didn't count the actual days. But

3 they have 30 days. If there -- and what

4 arose --

5 INTERIM CHAIRMAN ALBERTI: In this

6 line of testimony will you present evidence

7 that the Licensee was made aware of a continue

8 problem?


10 MR. WOODSON: Mr. Alberti?


12 Ms. Phillips, I'm going to allow this line of

13 questioning, but you understand that my

14 understanding from what you're representing is

15 that the purpose of this line of questioning

16 is to represent -- is to show that the

17 establishment was made aware that there was a

18 perception that there was an ongoing problem

19 from the residents?

20 MS. PHILLIPS: I --


22 that the Licensee was made aware of that?



2 INTERIM CHAIRMAN ALBERTI: Not

3 that they experienced it, but the Licensee was

4 made aware of it. And if that's what you're

5 going to show, then I will allow this line of

6 questioning.

7 MS. PHILLIPS: All right. I

8 will --

9 INTERIM CHAIRMAN ALBERTI: Because

10 we're talking about the ability to cure here

11 and take reasonable steps. So continue.

12 MS. PHILLIPS: Okay. I think I

13 understand what you're asking.

14 If you will turn to Exhibit A, tab

15 1, which would be the Exhibit 1 within the

16 first investigative report which the District

17 of Columbia has labeled A, is that an email

18 from you to ABRA?

19 MR. HINGORANEY: Yes, it is.

20 MS. PHILLIPS: Was it about noise

21 complaints?

22 MR. HINGORANEY: It was. It was


1 about -- it was expressing the fact that we

2 had tried to work with the -- with Mood Lounge

3 to address these problems and that we were

4 having problems and we wanted to avail

5 ourselves of the ABRA process for filing a

6 complaint because cure had not been made by

7 that date, April 13th.

8 MS. PHILLIPS: And April 13th is

9 more than 30 days after your first written

10 complaint?


12 MS. PHILLIPS: Were you or an

13 agent for your family a signator of the March

14 9th letter?

15 MR. HINGORANEY: Yes, my wife who

16 is the representative on the condominium board

17 association was a signator.

18 MR. WOODSON: Mr. Alberti, I have

19 to lodge an additional objection. This

20 testimony about what was a violation and what

21 is a cure and when was the cure to take place,

22 this is all actions of he said/she said.


1 The reason ABRA did an

2 investigation was to make a finding. That's

3 what brought us to the Board today is ABRA's

4 investigative finding. This is just talk.

5 This is his word of what he considers a

6 violation to be. This could is -- this could

7 be -- he could pick a date. Why don't we pick

8 February 26th as a date? He could pick any

9 date. The point is not what he says as a

10 matter of record. It's what the finding is of

11 ABRA's investigative report. That is why

12 we're here.

13 And I object to this testimony.

14 It's speculative and it's prejudicial to the

15 record and to the ability of Mood Lounge to

16 adequately defend against that. This is just

17 some talk, and I object to it.


19 Ms. Phillips?

20 MS. PHILLIPS: This is what they

21 call testimony under oath, which has always

22 been in my history of trying cases just talk


1 under oath about the impressions of the

2 witnesses of what is happening that they're

3 complaining about in this case. I don't often

4 have these kinds of complaints in my past, but

5 that is one of the reasons why I wanted to

6 establish what he considered a violation.

7 I mean, if he considers a

8 violation a whisper of music in the condo that

9 he owns and has tenants in, then I want the

10 Board and anybody else to know that, because

11 perhaps a whisper of noise in his condominiums

12 with the windows shut and the doors shut is an

13 unreasonable complaint. And I want the Board

14 to know that these were reasonable complaints,

15 exactly what he's talking about, which I

16 believe you precluded me from answering if he

17 had witnessed any of the noise, what he called

18 the noise violations himself as opposed to

19 what his tenants told him.

20 INTERIM CHAIRMAN ALBERTI: But I

21 think what's more important here is what he

22 conveyed to -- what he can testify to what he


1 conveyed to the Licensee.

2 MS. PHILLIPS: I think both are

3 important.

4 INTERIM CHAIRMAN ALBERTI: And I

5 think part of that --

6 MS. PHILLIPS: Because the whisper

7 of noise is --

8 INTERIM CHAIRMAN ALBERTI: -- is

9 the nature of what he perceived.



12 then what he conveyed to the -- because

13 without the piece of what he conveyed to the

14 Licensee, then the Licensee can't be

15 responsible for something they didn't know.

16 And that's part of this case.

17 MS. PHILLIPS: Right. And

18 that's --

19 INTERIM CHAIRMAN ALBERTI: Were

20 they reasonably -- was there an expectation

21 that they had knowledge of an alleged problem

22 that they were to address, because that's


1 really the implication of the VA.

2 MS. PHILLIPS: I think that -- I

3 believe you're saying the same thing I am,

4 because both -- it's twofold. It's that the

5 Complainants; and I've only brought two --

6 that the Complainants had a reasonable

7 expectation of what noise they should

8 experience with inside the confines of their

9 condominium. Was that reasonable? That's why

10 I brought up the whisper of noise.


12 MS. PHILLIPS: We all know that we

13 can hear things that are very faint. And we

14 heard the testimony previously that Mr.

15 Danilovics only expected to be able to hear

16 his television above the noise at a reasonable

17 volume level. He didn't want to have to turn

18 his television up loudly. But that was his

19 reasonable expectation.

20 I believe that there needs to be

21 testimony from this witness, since he's an

22 owner, not a resident, that he witnessed noise


1 or vibrations and what they were like, just

2 briefly, so that we know that he fielded to

3 the establishment, in whatever he fielded to

4 them, reasonable complaints as opposed to the

5 whisper of noise. And that's all I wanted to

6 ask him when I got the first objection to the

7 first question. I think it's twofold.

8 INTERIM CHAIRMAN ALBERTI: Where

9 is that leading now? Where is that leading to

10 with this witness?

11 MS. PHILLIPS: This witness --


13 the first -- you said it's twofold. So that's

14 one. Where is the second step? Where is it

15 leading to, the second step?

16 MS. PHILLIPS: It's leading to the

17 fact that there were reasonable complaints of

18 an unreasonable level of noise --

19 INTERIM CHAIRMAN ALBERTI: By

20 this --

21 MS. PHILLIPS: -- by this

22 Complainant to --



2 MS. PHILLIPS: -- the

3 establishment.


5 going to overrule the objection. Please

6 proceed, Ms. Phillips.

7 MS. PHILLIPS: All right. So I'm

8 going to start with the first prong of this

9 test I provided.

10 Were you ever a witness to noise

11 violations that exceeded the whisper of noise

12 or commonplace discussions in the condominium

13 unit you own, which I believe is unit 4?

14 MR. HINGORANEY: Unit 3.

15 MS. PHILLIPS: Sorry, unit 3.

16 MR. HINGORANEY: Yes, I have.

17 I've -- on a number of occasions; a number,

18 but more than a couple occasions, been to the

19 unit when our tenant was complaining and heard

20 what can only be characterized as loud

21 thumping noises. The wall was vibrating and

22 on one occasion the light fixtures were


1 humming because the noise was so loud.

2 And throughout this process we've

3 been very clear that we recognize we live in

4 a city and the tenants live in a city and they

5 understood that some level of noise is

6 acceptable, but these levels were just above

7 and beyond.

8 MS. PHILLIPS: And with regard to

9 the vibration was anything else vibrating

10 besides the light fixtures?

11 MR. HINGORANEY: The dresser that

12 Michael the tenant -- our first of tenants had

13 against the wall was also vibrating.

14 MS. PHILLIPS: Okay. And you said

15 your first set of tenants. Was there a

16 particular reason why you lost that particular

17 tenant?

18 MR. HINGORANEY: Those tenants who

19 had been with us for a year left because they

20 couldn't take the noise any longer.

21 MR. WOODSON: I object to that,

22 Mr. Alberti. I object to that. This witness


1 is testifying -- I have been reasonably

2 patient about even objecting to his being able

3 to testify at all because he is not even a

4 resident that would be subject to this

5 problem. We haven't even had his tenants come

6 forward with this. But now he's going to make

7 -- compound this circumstance even more by

8 saying, well, I lost a tenant and then I lost

9 another tenant. Yes, this witness is

10 testifying under oath, but I submit that that

11 kind of testimony is not probative or reliable

12 to the issues at hand.


14 Phillips?

15 MS. PHILLIPS: Hearsay is

16 allowable in this forum, and I believe a

17 single statement that a condominium owner says

18 that his tenant -- who he personally witnessed

19 the level of noise inside that condominium, as

20 he has just testified, was told that because

21 the level of noise was the same as he

22 testified that he heard personally was the


1 reason that that tenant left. I think that's

2 an important fact and we're not going beyond

3 that.


5 Ms. Phillips, the problem I'm having with your

6 question was you sort of asked for his opinion

7 as to why his tenant left. You didn't ask

8 what his tenant told him.

9 MS. PHILLIPS: I can cure that.

10 INTERIM CHAIRMAN ALBERTI: And so

11 I can't that question because you're asking

12 for his opinion. So I'll sustain the

13 objection.

14 MS. PHILLIPS: Did you tenant tell

15 you why he or she left?

16 MR. HINGORANEY: He told me that

17 the noise was too loud for him and his wife

18 and he wanted to -- he couldn't stand it any

19 longer and he wanted to leave.

20 MS. PHILLIPS: If you would turn

21 to; I think I already had you turn to this

22 section, A-3.


1 Did you find it, sir?

2 MR. HINGORANEY: Yes.

3 MS. PHILLIPS: And is this your

4 email?

5 MR. HINGORANEY: It is, yes.

6 MS. PHILLIPS: And what is the

7 date?

8 MR. HINGORANEY: That is March

9 9th, 2011.

10 MS. PHILLIPS: And what is the

11 subject?

12 MR. HINGORANEY: The subject is a

13 letter that I had attached to this email that

14 I was sending on behalf of the four owners of

15 the condos in the NINE condominium building --

16 MS. PHILLIPS: And --

17 MR. HINGORANEY: -- to -- sorry --

18 to the owner and the manager of Mood Lounge

19 that states that while we are pleased with

20 your willingness to work with us on a solution

21 with which we were pleased, we're concerned

22 with the lack of progress. Because we'd been


1 working with them for a period of almost two

2 months, actually six weeks, and we wanted to

3 express our desire to come to a solution, but

4 let them know that the problem was in

5 existence.

6 MS. PHILLIPS: Now these email

7 addresses are [email protected] and

8 [email protected] and --

9 MR. HINGORANEY: I had --

10 MS. PHILLIPS: -- looks another of

11 the same one at the beginning.

12 MR. HINGORANEY: Yes. Well, the

13 second one -- the third one was incorrect. I

14 added it just in case because I had it written

15 down two different ways.

16 MS. PHILLIPS: I see.

17 MR. HINGORANEY: But the first one

18 is I believe the one that went through. The

19 other one bounced.

20 MS. PHILLIPS: Okay. And attached

21 to it was the March 9th letter that your

22 spouse was a signatory to and that Mr.


1 Danilovics and others?

2 MR. HINGORANEY: That's correct,

3 yes.

4 MS. PHILLIPS: And that was the

5 first official written notice to the

6 establishment. Is that fair?

7 MR. HINGORANEY: That's fair.

8 MS. PHILLIPS: Now can you turn to

9 C? Without talking about the content, will

10 you tell me what this document is?

11 MR. HINGORANEY: This is basically

12 a record of interaction that I kept between

13 myself and our tenants and Mood Lounge.

14 Documents a -- from the very first day that

15 they were open, interaction that we had to

16 come to an agreement about noise that was

17 entering our condominium unit in an

18 unreasonable way. We were very open with Mood

19 management. We worked very closely with them.

20 We were very reasonable with, you know, them

21 just opening up and having to figure out their

22 sound system and figure out how best to reduce


1 noise. So it looks -- it was dozens of

2 interactions over a period of about two to

3 three months where we went back and forth

4 asking them to turn the noise down, proffer

5 any solutions that we felt were reasonable,

6 and each time not making any progress and

7 having to deal with the noise and complaints

8 from our tenant.

9 MR. WOODSON: Mr. Alberti, I

10 object to this document. First of all, my

11 objection is several-fold. One is this is

12 just what I thought was happening, and have

13 said so repeatedly. We now have a witness who

14 is seeking to enter into evidence

15 circumstances and moments as proof of the

16 truth of them, which is his log of activity.

17 That's his log. Not only that, but there are

18 even entries in the log which reveal Mood

19 Lounge's effort -- assuming this is all true,

20 Mood Lounge's effort to respond to these

21 things.

22 Now, first I object to this


1 witness entering this material as any evidence

2 of anything which deals with the issues at

3 hand. The Government's effort to create this

4 reasonableness umbrella has now stretched back

5 to January 22nd. Now, I think it's -- I

6 believe that this is far beyond this zone of

7 reasonableness that the Government is seeking

8 to establish as why the complaint came to

9 ABRA. It's far beyond that. That's one.

10 And the other is if there was

11 anything that is not probative of the events

12 taking place, it is a document created by this

13 witness for this witness. I might have a

14 document like that myself which would show

15 from February -- I could pull that out and say

16 that my document says that none of things that

17 happened in his document were true.


19 right.

20 MR. WOODSON: You know, Ms.

21 Phillips describes hearsay as being permissive

22 in administrative proceedings. And, yes,


1 that's true, except that hearsay which is not

2 reliable, probative or substantial is not

3 permitted into evidence. I say to you that

4 this material is not probative of anything.

5 If we can get back to the circumstances that

6 brought us before you today with these two

7 investigative reports, I think we're there.


9 Ms. Phillips?

10 MS. PHILLIPS: This is exactly

11 what I said that I was going to set out to

12 show, that there were reasonable efforts prior

13 to the March 9th official written notice which

14 complies with the voluntary agreement, Section

15 15, or 14, or whatever it is, one of the

16 latter sections. And, it also demonstrates

17 after that time April issues, which is

18 something else that we were allowed to

19 discuss, because that was after the period of

20 cure when there were still problems. And then

21 it ends on May 19th when Mr. Shakoor conducted

22 the real time sound test. And so it shows the


1 reasonableness.

2 And one of the things about

3 documents, which I have yet to get out, is

4 that it shows what he would testify to. But

5 for me to draw this out of him, you know, to

6 get the milieu I want to set would take hours.

7 And so, there's a few more questions I'd like

8 to ask him about it to show you that it does

9 what I said it would do without requiring him

10 to testify about every single event.



13 MR. WOODSON: Mr. Chairman, this

14 is redundant in the extreme. If the

15 Government is seeking to establish

16 reasonableness, the reasonableness of the

17 conduct of the Complainants in this, then this

18 is an establishment -- this is establish it

19 here, establish it here, establish it here,

20 establish it here. It's redundant. And if

21 this witness has anything really to add to the

22 discussion about what is the subject of the


1 hearing today, I have yet to hear that. I

2 object to this testimony. I object to this

3 document.


5 you, Mr. Woodson. The objection is overruled.

6 Continue, Ms. Phillips.

7 MS. PHILLIPS: One of the

8 precatory questions that I wished to ask you

9 was is this a contemporaneous-to-the-event

10 document? Did you create it at certain

11 periods of time or did you prepare it for this

12 hearing?

13 MR. HINGORANEY: I prepared most

14 of it until about the first week in April

15 several months ago just to keep track of what

16 all the interactions were done. I had kept

17 notes and then I typed it up sometime in the

18 spring, early summer. And then I updated it

19 this summer and fall with more interactions

20 from late April and May.

21 MS. PHILLIPS: And did you end it

22 at my request on May 19th?



2 MS. PHILLIPS: And did you add at

3 my request Vs and Ws?

4 MR. HINGORANEY: Yes, I did.

5 MS. PHILLIPS: And what did those

6 Vs and Ws mean?

7 MR. HINGORANEY: The V indicated a

8 verbal interaction with Mood Lounge

9 management, and the W indicated a written

10 interaction, text or email with Mood Lounge

11 management.

12 MS. PHILLIPS: And contained

13 within this document that I have labeled on

14 behalf of the District as Exhibit C, does

15 there contain dates and times and things where

16 the establishment did make some progress and

17 did do what you had discussed and the outcome

18 was favorable on the establishment's part?

19 MR. HINGORANEY: Can you -- I'm

20 sorry, the question again?

21 MS. PHILLIPS: Did the

22 establishment do some good things in this


1 document that you recorded?

2 MR. HINGORANEY: They did, yes.

3 MS. PHILLIPS: And did they do

4 some what you would call bad things, since I'm

5 using good and bad, that you also recorded?

6 MR. HINGORANEY: That's right,

7 yes.

8 MS. PHILLIPS: And so from your

9 estimation as a Complainant did you try to

10 show the whole picture from your perspective?

11 MR. HINGORANEY: Absolutely.

12 MS. PHILLIPS: After the official

13 notice on March 9th and after the 30 days

14 which the establishment in the voluntary

15 agreement allows them to cure it, were there

16 noise complaints of the level that we have

17 discussed, the vibrating, can't-hear-over-the-

18 TV-type noise complaints documented in this

19 Exhibit C?

20 MR. HINGORANEY: Yes, there were.

21 MS. PHILLIPS: And were they

22 communicated, all of them, or most of them, or


1 some of them communicated to the

2 establishment? And if they were, is that

3 noted in this document?

4 MR. HINGORANEY: Yes, most, if not

5 all of them, were communicated and they are

6 noted in the document.

7 MS. PHILLIPS: Okay. Did you

8 participate in the sound test on May 19th?

9 MR. HINGORANEY: Yes, I did.

10 MS. PHILLIPS: Where were you when

11 the sound test was conducted?

12 MR. HINGORANEY: I was in the

13 bedroom of the condo unit.

14 MS. PHILLIPS: Is the bedroom of

15 the condo unit, which is unit 3 --

16 MR. HINGORANEY: Three. Yes.

17 MS. PHILLIPS: -- is that where

18 there is a meeting of the wall between your

19 establishment and Mood?

20 MR. HINGORANEY: That's correct,

21 it's a shared wall in that bedroom.

22 MS. PHILLIPS: Okay. And were you


1 on the telephone?

2 MR. HINGORANEY: I was, yes.

3 MS. PHILLIPS: All right. And who

4 was at the other end?

5 MR. HINGORANEY: I'm sorry, we

6 were texting.

7 MS. PHILLIPS: Texting? Isn't

8 that on the telephone?

9 MR. HINGORANEY: It is, yes, but

10 they're on the other end.

11 MS. PHILLIPS: Okay. Okay. I

12 see. But who were you texting to?

13 MR. HINGORANEY: I was texting to

14 -- I believe I was texting to Inspector

15 Shakoor.

16 MS. PHILLIPS: Okay. Did you get

17 responses that let you know that to your

18 texts?


20 MS. PHILLIPS: What was the

21 subject --

22 MR. WOODSON: Mr. Alberti. Mr.


1 Alberti, excuse my -- I beg you for this

2 interruption and objection. The witness is

3 now going to testify about text messages he

4 got from a circumstance where he wasn't

5 present. Is that what I understood him to

6 say?

7 MS. PHILLIPS: I'm sorry, do you

8 need for me to respond, or what do you need

9 from me?


11 Listen --

12 MR. WOODSON: Am I --

13 INTERIM CHAIRMAN ALBERTI: -- my

14 understanding is that they are text messages

15 in a back and forth communication happening --

16 he's talking about an event that was ongoing

17 at the time.


19 INTERIM CHAIRMAN ALBERTI: But

20 it's in the moment. I mean, and he's

21 communicating with the investigator. There's

22 a back and forth of text messages.


1 MR. WOODSON: All right.


3 that's what he's testifying to.

4 MR. WOODSON: I withdraw the

5 objection.


7 Thank you.

8 MS. PHILLIPS: And I got out that

9 you were in the condo.

10 MR. HINGORANEY: I was in the

11 condo.

12 MS. PHILLIPS: In the NINE?


14 MS. PHILLIPS: All right. And did

15 you establish through those texts that there

16 was a certain level of noise that was

17 acceptable but audible within the condo while

18 Investigator Shakoor was apparently in Mood

19 testing things?

20 MR. HINGORANEY: Yes, we went back

21 and forth over different sound levels and came

22 to a sound level that I thought was audible


1 but not unreasonably loud, and I texted back

2 and said this is an acceptable sound level.


4 you happen to recall how long that interaction

5 took place?

6 MR. HINGORANEY: I would say it

7 took 15 to 20 minutes.

8 MS. PHILLIPS: And an acceptable

9 level was reached for noise in the condo?


11 MS. PHILLIPS: And it wasn't

12 complete silence?

13 MR. HINGORANEY: No, it was not.

14 You could still hear it. You could still feel

15 the thump of the bass a little bit, but it was

16 something -- I mean, and we recognize we're --

17 we have neighbors. We all have to get along.

18 But it was a level that I think people could

19 deal with and could not be overly disturbed

20 by.

21 MS. PHILLIPS: From your personal

22 knowledge; and if you don't have any personal


1 knowledge, did that fix last?

2 MR. HINGORANEY: It did not, no.

3 MS. PHILLIPS: How long did it

4 last?

5 MR. HINGORANEY: It lasted -- we

6 got complaints from our new tenants

7 approximately three weeks later. And the two

8 weeks after that test, or the 10 days after

9 that test the unit was vacant because our new

10 tenants were coming in at the beginning of

11 June.

12 MS. PHILLIPS: I would like to

13 move for the admission of Exhibit A-1, Exhibit

14 A-3, the first page because the second page

15 has already been admitted.


17 MS. PHILLIPS: And Exhibit C.


19 Woodson?

20 MR. WOODSON: Yes, Mr. Alberti, we

21 object to Exhibit C with particular attention

22 to any date for entries beyond -- withdraw the


1 objection. We do not object.


3 Thank you. We will accept that into evidence,

4 Ms. Phillips.

5 MS. PHILLIPS: Thank you very

6 much, Mr. Chair. That concludes my questions

7 for this witness.


9 Mr. Higoraney?

10 MR. HINGORANEY: Hingoraney.

11 INTERIM CHAIRMAN ALBERTI: You may

12 -- wait, wait. Are there any Board questions?

13 I'm sorry. Well, actually, Mr. -- this is a

14 long day. I'm sorry.

15 MR. WOODSON: I realize I've

16 descended to a potted plant here.


18 Gordon, do you have any questions for the

19 witness? Excuse me.

20 MR. WOODSON: Yes. You've noted

21 in your testimony that there have been -- that

22 there were steps taken by Mood Lounge prior to


1 the test in May to come to a reasonable

2 circumstance around music in the

3 establishment?


5 MR. WOODSON: Yes, that is true.

6 Did you have occasion to do that more than

7 once?


9 MR. WOODSON: And each time was

10 Mood Lounge responsive?

11 MS. PHILLIPS: I'm going to object

12 to the form of that question because I'm not

13 sure --

14 MR. WOODSON: Did Mood Lounge

15 respond to the complaint that you had?

16 MR. HINGORANEY: Yes, it took

17 sometimes --


19 wait, wait. I think there's an objection here

20 and I'm not sure we really changed the

21 question.

22 MS. PHILLIPS: We didn't change


1 the question. I didn't finish my objection

2 either.


4 please finish your objection. I'm sorry. Mr.

5 Woodson, you really didn't change the

6 question. You sort of added to it, so I think

7 there's an objection here.



10 Phillips?

11 MS. PHILLIPS: There has been

12 testimony with regard to Exhibit C that there

13 were times when there were complaints and Mood

14 Lounge was not responsive. And there were

15 times when there were complaints and Mood

16 Lounge was responsive. And there were times

17 when Mood Lounge was responsive that there was

18 a cure but it didn't last. And so when Mr.

19 Woodson asks a general question like were they

20 always responsive, I'm not sure given this

21 document there can be a yes/no answer because

22 there's clear evidence and testimony that


1 sometimes they were not responsive to

2 complaints. You see what I'm saying? So --


4 understand what you're saying.

5 MS. PHILLIPS: It's difficult.

6 MR. WOODSON: Yes, that's not the

7 question I asked. I asked the witness were

8 there occasions when Mood Lounge was

9 responsive to the complaints issued? His

10 answer was yes.


12 So that is the question?

13 MR. HINGORANEY: By "responsive"

14 do you mean --

15 INTERIM CHAIRMAN ALBERTI: Wait,

16 wait, wait, wait. So you believe that that

17 was the answer to his question, is that

18 correct?

19 MR. WOODSON: I'm sorry?


21 question again -- okay.

22 MR. WOODSON: Why don't I start


1 again?


3 question again? Repeat the question that you

4 just recited to me?

5 MR. WOODSON: My question was were

6 there occasions when a complaint was issued

7 and Mood Lounge was responsive?


9 That is the question before you, Mr.

10 Hingoraney --

11 MR. HINGORANEY: Well, and I'd ask

12 you to --

13 INTERIM CHAIRMAN ALBERTI: -- and

14 I allow that question.

15 MR. HINGORANEY: I'd ask you to

16 clarify.


18 Phillips, you want to respond to that

19 before --

20 MS. PHILLIPS: No, I don't,

21 because -- I don't because --



1 That's the question. Mr. Hingoraney?

2 MR. HINGORANEY: I would just ask

3 for a clarification on what "response" means.

4 Was it a -- did they call me back, or did they

5 cure? A response to a complaint to me is you

6 fix the problem. A response to somebody else

7 could mean that you call me back or email me

8 back or text me back. So if you can clarify,

9 that would be helpful.

10 MR. WOODSON: Well, actually in

11 the four corners of the voluntary agreement it

12 could be all of the above. Simply responding

13 to you is in fact a responsiveness under the

14 voluntary agreement. That's one kind of

15 response. Another type of response is we

16 contact you back and we take steps to resolve

17 the underlying problem that you had. That's

18 another kind.

19 Were either or both of them -- did

20 either or both of those circumstances take

21 place?

22 MR. HINGORANEY: On some occasions


1 were noted, yes.

2 MR. WOODSON: On some occasions

3 were noted? Shall we say for example on March

4 22nd?

5 MR. HINGORANEY: So your question

6 is? Can you repeat your question? I'm sorry.

7 MR. WOODSON: Was the entry that

8 you've noted on March 22nd a responsiveness

9 within either a simple return of a

10 communication or steps being taken?


12 MR. WOODSON: Okay. What about on

13 February 15th?


15 MR. WOODSON: I don't have any

16 further questions.



19 Questions from the Board?

20 (No audible response.)

21 INTERIM CHAIRMAN ALBERTI: No

22 questions from the Board.


1 Ms. Phillips, any redirect?

2 MS. PHILLIPS: I just want to make

3 sure that all the exhibits that I asked to

4 have admitted for this witness were admitted,

5 over objection, if there was an objection.

6 I'm speaking mainly of C.


8 believe the objection was withdrawn, so, yes,

9 they are.

10 MS. PHILLIPS: Okay. Thank you.

11 INTERIM CHAIRMAN ALBERTI: They

12 are admitted, yes.

13 MS. PHILLIPS: I needed to make

14 sure before the record was closed.



17 questions on redirect of this witness.


19 Then, Mr. Hingoraney, you may step down.

20 If there are no additional

21 questions, there is no opportunity for

22 recross.


1 MR. WOODSON: Yes.


3 Well, you're looking at me like --

4 MR. WOODSON: No, I was actually

5 going to lodge an objection and ask to strike

6 testimony, but the better of me caught my --


8 That's fine.

9 Ms. Phillips, your next witness?

10 MS. PHILLIPS: I would to call on

11 behalf of the District of Columbia

12 Investigator Shakoor.


14 Investigator, would you please approach the

15 witness stand? Raise your right hand, please.

16 Thank you. Investigator, do you solemnly

17 affirm that the testimony you're about to give

18 will be the truth, the whole truth and nothing

19 but the truth?

20 INVESTIGATOR SHAKOOR: I do.




1 MS. PHILLIPS: Mr. Shakoor, will

2 you state your name and spell it for the

3 record, please?

4 INVESTIGATOR SHAKOOR: ABRA

5 Investigator Jabriel Shakoor. It's J-A-B-R-I-

6 E-L. Last name, S-H-A-K-O-O-R.

7 MS. PHILLIPS: And you took care

8 of my next question, so at a certain point in

9 time were you contacted by someone within ABRA

10 to conduct an investigation with regard to

11 complaints from the condominium NINE and the

12 Mood Lounge?

13 INVESTIGATOR SHAKOOR: I was.

14 MS. PHILLIPS: And at what point

15 in time do you recall; and there's a book of

16 exhibits if you need to refresh your

17 recollection for dates, that you were

18 contacted to conduct an investigation?

19 INVESTIGATOR SHAKOOR: I believe

20 the date was Wednesday, April 13th, 2011.

21 MS. PHILLIPS: And did you conduct

22 an investigation?


1 INVESTIGATOR SHAKOOR: Yes, I did.

2 MS. PHILLIPS: And at the end of

3 your investigation did you take your findings

4 and reduce them to, in this case, two reports?

5 INVESTIGATOR SHAKOOR: That's

6 correct, yes.

7 MS. PHILLIPS: And in the exhibit

8 manual do you see under tab A and under tab B

9 the two reports with attached exhibits that

10 you wrote?

11 INVESTIGATOR SHAKOOR: Yes, I do.

12 MS. PHILLIPS: And I don't know

13 whether the copies in there have your

14 signature, but would you normally have -- oh,

15 yes. Would you look at the last page of your

16 investigative report and see if your

17 signatures are there?

18 INVESTIGATOR SHAKOOR: Yes, it is.

19 MS. PHILLIPS: And the date of

20 your signature on tab A, which would be the

21 first report as I look at it, what date is

22 that?


1 INVESTIGATOR SHAKOOR: May 23rd,

2 2011.

3 MS. PHILLIPS: And under tab B is

4 there a signature that's yours and what is the

5 date that you signed it?

6 INVESTIGATOR SHAKOOR: June 14th,

7 2011.

8 MS. PHILLIPS: Thank you. In the

9 process of your investigation did you -- was

10 it for a noise complaint?

11 INVESTIGATOR SHAKOOR: Yes, it

12 was.

13 MS. PHILLIPS: And it was reduced

14 to a single noise complaint for this

15 particular notice, is that fair?


17 correct.

18 MS. PHILLIPS: Did you conduct an

19 investigation with regard to the noise

20 complaints? And if so, when did you start?

21 INVESTIGATOR SHAKOOR: I began my

22 investigation on Thursday, April 14th, 2011.


1 MS. PHILLIPS: And what did you do

2 in that part of your investigation?

3 INVESTIGATOR SHAKOOR: I began by

4 contacting the Complainants. In this case it

5 was Rishi Hingoraney and George Danilovics.

6 MS. PHILLIPS: And what did you

7 learn from discussing with the Complainants?

8 INVESTIGATOR SHAKOOR: That they

9 were having disturbances coming from Mood

10 Lounge into their residence.

11 MS. PHILLIPS: And after you

12 talked to them did you -- what did you do

13 further?

14 INVESTIGATOR SHAKOOR: I set up a

15 time with them to visit their residence and

16 verify their complaints.

17 MS. PHILLIPS: Okay. And did you

18 look at whether or not this -- any noise

19 complaint was a violation of a D.C. Code

20 section as opposed to a voluntary agreement?


22 correct. I referenced the D.C. Office of


1 Zoning and I was able to determine that the

2 Complainants -- they live at 1316 Naylor

3 Court, which is located in a Class C-2-A

4 Commercial Zone. And according to D.C.

5 Official Code 25-725, it would not be a

6 violation of the D.C. Code.

7 MS. PHILLIPS: Right. And so at

8 some point in time did you learn that there

9 was a voluntary agreement which governed this

10 matter?


12 correct.

13 MS. PHILLIPS: And from your

14 perspective, reading it as an investigator,

15 did that temper your investigation?

16 INVESTIGATOR SHAKOOR: Under

17 Section 6 of the voluntary agreement, under

18 the second sentence, I believe it says

19 Applicant will also take all necessary steps

20 to ensure that music, noise and vibrations are

21 not disruptive to the adjacent residential

22 property occupants' reasonable use of outdoor


1 areas of this property. That was where we had

2 to determine that the noise heard inside the

3 residents would be in violation.

4 MS. PHILLIPS: Did you also notice

5 that there were additional sections of the

6 voluntary agreement that dealt with notice and

7 requirement for a time to cure before they

8 contacted; i.e., the Complainants contacted

9 ABRA?


11 correct.

12 MS. PHILLIPS: And would you

13 reference that in brief, please?


15 it was under Section 16. The establishment

16 has to be given the opportunity to cure such

17 a violation within 30 days after the Applicant

18 has -- after the Complainant has notified them

19 of the violation.

20 MS. PHILLIPS: And at the start of

21 your investigation when you first received the

22 complaint on I believe you said April 13th,


1 but the record will correct me if I'm

2 incorrect, did you determine that the

3 establishment had complied with the notice

4 requirements of the voluntary agreement?


6 correct. The Complainant did comply with

7 that.

8 MS. PHILLIPS: All right. As I

9 look at Section 11; it's called "Security,"

10 the paragraphs on page 4 at the top, did you

11 ever investigate whether the Applicant -- and

12 the Applicant in this case would be the

13 establishment, is that correct?

14 INVESTIGATOR SHAKOOR: Yes.

15 MS. PHILLIPS: Did you ever

16 determine whether or not the Applicant

17 maintained a telephone number to take

18 complaints as required on page 4, the second

19 part of this Section 11, "Security?"

20 INVESTIGATOR SHAKOOR: From my

21 understanding, the owners and management on

22 staff, their cell phone numbers were readily


1 available and their email addresses also.

2 MS. PHILLIPS: Okay. And so, did

3 you attach the voluntary agreement to Exhibit

4 A, your first investigative report?


6 so.

7 MS. PHILLIPS: And I believe it is

8 tab 3, Exhibit -- no, tab 4, Exhibit 4. Is

9 that correct?


11 correct.

12 MS. PHILLIPS: All right. And

13 it's attached in its entirety?


15 correct.

16 MS. PHILLIPS: Okay. Was that

17 voluntary agreement made with Mood Lounge?

18 INVESTIGATOR SHAKOOR: It was made

19 with the previous establishment, Be Bar, Wami,

20 LLC

21 MS. PHILLIPS: Okay. And is it

22 your understanding as an investigator that the


1 voluntary agreement traveled with the

2 establishment, not with the owner?


4 correct.

5 MS. PHILLIPS: Okay. So this

6 voluntary agreement would be in effect for

7 Mood Lounge?


9 correct.

10 MS. PHILLIPS: All right. What

11 did you do after you determined that this

12 noise violation did not comply with the four

13 corners of D.C. Official Code Section 25-725?

14 INVESTIGATOR SHAKOOR: We still

15 proceeded because it would be a violation of

16 the voluntary agreement. I again verified

17 that the noise was audible inside the

18 complainants' residence. On that night I

19 contacted the owner, Ms. Beyene and I

20 explained to her that I was able to hear noise

21 inside of the complainants' residence. We

22 reviewed the voluntary agreement and I


1 notified her of the violation.

2 MS. PHILLIPS: Now, when was that?

3 INVESTIGATOR SHAKOOR: That was

4 on --

5 MS. PHILLIPS: That's tab A, page

6 2, I believe. Is that correct?

7 INVESTIGATOR SHAKOOR: Sunday, May

8 15th.

9 MS. PHILLIPS: All right. And

10 that's at what time?

11 INVESTIGATOR SHAKOOR: 12:30 a.m.,

12 about.

13 MS. PHILLIPS: Okay. That's after

14 midnight, right?

15 INVESTIGATOR SHAKOOR: Correct.

16 MS. PHILLIPS: All right. And you

17 visited Mr. Hingoraney's apartment?


19 correct.

20 MS. PHILLIPS: Did you visit any

21 other condos?

22 INVESTIGATOR SHAKOOR: On that


1 night, no.

2 MS. PHILLIPS: Okay. Was Mr.

3 Hingoraney present when you visited the

4 establishment at that point?

5 INVESTIGATOR SHAKOOR: Yes, he

6 was. He was the one that gave -- opened the

7 door and gave me access to it. He was there

8 with me.

9 MS. PHILLIPS: Right. And when

10 you say "audible," it was "audible," what do

11 you mean by "audible?" Was it a whisper

12 sound? Was it loud? Were you able to make a

13 determination based on your investigative

14 experience as to the level?


16 on that night -- it's been some time. I

17 believe the bass was the biggest issue on that

18 night. I don't believe we could hear voices

19 per se, but it was mostly the bass that we

20 could clearly hear inside of the bedroom.


22 you make any determination as suggested in the


1 voluntary agreement about vibration? On page

2 2 it talks about vibrations.

3 INVESTIGATOR SHAKOOR: Be a little

4 more specific, please.

5 MS. PHILLIPS: On page 2 of the

6 voluntary agreement, Section 6, I believe it

7 was the sentence that you read. It talks

8 about music, noise and vibration. So you said

9 there was noise and it was bass, so I assume

10 that's music?

11 INVESTIGATOR SHAKOOR: That would

12 be music, yes, and the bass is -- does provide

13 some vibration.

14 MS. PHILLIPS: Right. Could you

15 see visible signs that the walls were

16 vibrating or pictures were vibrating or the

17 light fixtures were vibrating?

18 INVESTIGATOR SHAKOOR: I don't

19 believe on that night, no.


21 Well, what did you do next?

22 INVESTIGATOR SHAKOOR: Like I


1 said, we -- I proceeded to the establishment

2 and I spoke with the owner, Ms. Beyene. I

3 notified her that I just met with the

4 Complainant and I was able to verify that

5 noise could be heard. I notified her of the

6 voluntary agreement and what it says in there.

7 And I notified her of the violation.

8 MS. PHILLIPS: And what did she

9 tell you, which is included in your report?

10 INVESTIGATOR SHAKOOR: She was

11 very concerned and she would do what was

12 necessary to comply.

13 MS. PHILLIPS: Right. Did she

14 talk about actual changes to the establishment

15 that she made with regard to this?


17 she said that she had purchased a new sound

18 limiter. And some soundproofing was

19 installed, I believe.

20 MS. PHILLIPS: Right. I'm looking

21 at the last paragraph of your report before

22 the exhibits are listed. Do you know whether


1 that was installed at the time you were there

2 at the establishment on May 15th?

3 INVESTIGATOR SHAKOOR: That was

4 her statements, not anything I witnessed.


6 And I take it that you attached five exhibits.

7 We've had testimony on several from the actual

8 propounders of those exhibits. Exhibit 2,

9 just describe in brief what that is. 2A.

10 INVESTIGATOR SHAKOOR: Exhibit 2

11 is a printout. It's a map generated by the

12 D.C. Office of Zoning. It just shows the

13 footprint of the area where the buildings are

14 located and which zone they're located in.

15 MS. PHILLIPS: And was it this

16 device that you used when making your

17 determination that this was not a violation of

18 the D.C. Code 25-725?


20 correct. This is the location of the

21 residents which puts them in a C-2-A Zone.

22 MS. PHILLIPS: Right. And did you


1 also conduct a regulatory inspection on that

2 date, and Exhibit 5 was attached?


4 correct.

5 MS. PHILLIPS: And is that what

6 Exhibit 5 to Exhibit A is?


8 correct.

9 MS. PHILLIPS: And was the owner

10 present when you conducted this regulatory

11 inspection?


13 MS. PHILLIPS: Other than the

14 noise violation, which was a VA violation,

15 were there any other violations?

16 INVESTIGATOR SHAKOOR: No.

17 MS. PHILLIPS: All right. If

18 you'll turn to tab B. You said you rendered

19 these matters into your report. And is this

20 the second report?


22 MS. PHILLIPS: And first of all,


1 did we talk about everything that you did as

2 part of your investigation in brief from the

3 first part of your investigation covered by

4 the first investigative report?


6 so.

7 MS. PHILLIPS: All right. Let us

8 now move to B, which was your second

9 investigative report. At what time did you

10 begin this second investigation?

11 INVESTIGATOR SHAKOOR: The second

12 investigation actually was spurred from the

13 first one. On that night I advised the owner

14 because the sound was emanating to the

15 residences it made it possible to adjust the

16 sound level to such a point where that -- it

17 would no longer be a disturbance to the

18 residents. The owner agreed and we proceeded

19 to conduct a sound test or a sound adjustment.

20 MS. PHILLIPS: And how did you

21 conduct that sound adjustment since you can't

22 be in two places at once, I think?


1 INVESTIGATOR SHAKOOR: It was

2 coordinated with two of the residents, Mr.

3 Hingoraney and another resident, Mr.

4 Danilovics. I advised them to be inside their

5 residence and I would be inside of the

6 establishment. We would maintain cell phone

7 contact and text message. I would have the

8 establishment play music at their normal level

9 and they would indicate when it was audible,

10 heard and have it lowered to such a level

11 where they thought that it was comfortable.

12 Additionally, we tried to find a

13 level that was comfortable for the

14 establishment that would allow them to operate

15 their business without having it completely

16 off pretty much.

17 MS. PHILLIPS: Okay. And at that

18 point in time did you actually obtain that

19 delicate balance?

20 INVESTIGATOR SHAKOOR: We did.

21 MS. PHILLIPS: And did you notice

22 anything else as part of your investigation?


1 INVESTIGATOR SHAKOOR: Such as?

2 MS. PHILLIPS: Well, for example,

3 I'm looking at the last paragraph where you

4 indicated that the sound levels that you had

5 achieved would not be touched by any employee.


7 correct.

8 MS. PHILLIPS: And was there some

9 mechanism on whatever it is you were looking

10 at, the sound board or something, I would

11 assume?

12 INVESTIGATOR SHAKOOR: There's a

13 sound limiter. It's located in a separate

14 closet. Only the owner has access to it. The

15 DJs don't go in there and mess around with it

16 or anything like that at all. On that

17 specific time we took a picture of it and I

18 believe the sound levels are still at that

19 level.

20 MS. PHILLIPS: In the picture?


22 MS. PHILLIPS: From your


1 investigation and discussions with the owner

2 were you able to determine whether their sound

3 system could be augmented in ways that would

4 circumvent the sound board?

5 INVESTIGATOR SHAKOOR: The way

6 modern technology works it's not a 100-percent

7 system. The DJ laptops I've seen in some

8 other establishments, they can plug into the

9 system that's there at the establishment and

10 sometimes the laptop can actually push out

11 more sound or volume than is -- than what they

12 set it at. It's some kind of glitch in the

13 system.

14 MS. PHILLIPS: All right. I want

15 you to turn to Exhibit 2 for your second

16 report, which is tab B, and labeled Exhibit 2

17 to your investigative report, which is labeled

18 B. What is that?

19 INVESTIGATOR SHAKOOR: Exhibit 6?

20 MS. PHILLIPS: Yes, I don't have

21 that many tabs.

22 INVESTIGATOR SHAKOOR: Under all


1 my complaint forms?

2 MS. PHILLIPS: No, I think Exhibit

3 2 to your second report --

4 INVESTIGATOR SHAKOOR: Oh, the

5 picture of the sound limiter?

6 MS. PHILLIPS: Okay.


8 MS. PHILLIPS: And then Exhibit 3,

9 which may be tab 7.

10 INVESTIGATOR SHAKOOR: Right,

11 that's a statement from the sound tech, the

12 DJ.

13 MS. PHILLIPS: And is that a DJ

14 that works every night, or do you know?

15 INVESTIGATOR SHAKOOR: Majority

16 times he's there.

17 MS. PHILLIPS: Okay. And you

18 attached that because?

19 INVESTIGATOR SHAKOOR: It was part

20 of the process. He was there.

21 MS. PHILLIPS: Okay. So he was

22 also along with the owner there when you


1 conducted the sound -- I'm calling it the

2 sound test, for want of better words.


4 MS. PHILLIPS: Okay. Was there

5 anything else that you did with regard to this

6 investigation?

7 INVESTIGATOR SHAKOOR: That pretty

8 much sums it up. Everybody agreed at the

9 level that we had found that day it would work

10 for both parties. And I checked back with

11 them and I hadn't heard any more complaints I

12 think within a two-week time frame.

13 MS. PHILLIPS: So in order to

14 complete your investigation report in a timely

15 manner you allowed two weeks and at that two

16 weeks there had been no complaints. Is that

17 fair?


19 MS. PHILLIPS: I have no more

20 questions and I would move for the admission

21 of the two reports A and B, and the exhibits

22 thereto which have not already been admitted.


1 INTERIM CHAIRMAN ALBERTI: Any

2 objections?

3 MR. WOODSON: No objection.

4 INTERIM CHAIRMAN ALBERTI: We'll

5 accept those into evidence.


7 questions from this witness.


9 Woodson?

10 MR. WOODSON: Just one question,

11 investigator. Your testimony only made one

12 remark that drew my attention, and that is

13 your response to the Government's question

14 about affecting the change in the sound level

15 once the sound limiter had been locked in

16 place. You described it as in this age of

17 technology it's possible for DJs to plug in

18 and make a change, or change the volumes in

19 some kind of technological fashion. Do you

20 recall that testimony?

21 INVESTIGATOR SHAKOOR: Along those

22 lines, yes.


1 MR. WOODSON: Yes. Do you have

2 any knowledge that that actually happened --


4 MR. WOODSON: -- in the Mood

5 Lounge?


7 MR. WOODSON: Okay. Have you seen

8 that happen in recent time?

9 INVESTIGATOR SHAKOOR: Other

10 establishments in my experience --


12 INVESTIGATOR SHAKOOR: -- what DJs

13 do, they necessarily use records anymore.

14 They have laptops.


16 INVESTIGATOR SHAKOOR: So laptops

17 or other computer devices, other software.

18 And they simply just plug into what's there at

19 the establishment. Now, their volume set on

20 their laptop may be different. Okay? And

21 sometimes those volumes can supersede or push

22 out more power than what is already set at the


1 establishment's system.

2 MR. WOODSON: So your testimony is

3 that these devices in effect can change the

4 amplification systems?

5 INVESTIGATOR SHAKOOR: They can't

6 change it. It's more of an overriding glitch,

7 I guess.

8 MR. WOODSON: I see. But to your

9 knowledge none of those things took place at

10 Mood?

11 MS. PHILLIPS: I'm going to object

12 as to time. This is the second time he's

13 raised this question.

14 MR. WOODSON: Well, yes, the

15 question really goes to the period in issue in

16 his report. His report concludes with a

17 statement around May 31st.

18 MS. PHILLIPS: Okay. That's all I

19 wanted to clarify.


21 MS. PHILLIPS: Didn't you want to

22 open any doors.


1 MR. WOODSON: So within that are

2 you aware within that time frame that there

3 had been such an effect at Mood Lounge?


5 MR. WOODSON: Nothing further.

6 INTERIM CHAIRMAN ALBERTI: Any

7 questions from the Board? Mr. Jones?

8 MEMBER JONES: Thank you, Mr.

9 Chairman.

10 Investigator Shakoor, have you

11 received any complaints subsequent to you

12 completing this review on May 15th?

13 INVESTIGATOR SHAKOOR: Numerous

14 complaints. They've steadily come in almost

15 every week multiple times of the week.

16 MEMBER JONES: Okay. Have you had

17 an opportunity to go back out to the

18 establishment?

19 INVESTIGATOR SHAKOOR: I'm out

20 there almost every weekend.

21 MEMBER JONES: Okay. The time

22 that you spent on May 15th, you arrived at a


1 harmonious level which was acceptable to at

2 least the individuals that lived in the area

3 that you had an opportunity to visit their --

4 well, who were the exact individuals that you

5 got concurrence from a resident standpoint

6 that they were okay with that level?

7 INVESTIGATOR SHAKOOR: Mr.

8 Hingoraney and Mr. Danilovics.

9 MEMBER JONES: Okay. And --

10 INVESTIGATOR SHAKOOR: One

11 thing --

12 MEMBER JONES: I'm sorry.

13 INVESTIGATOR SHAKOOR: One thing

14 to point out: Mr. Hingoraney, he shares a

15 wall with the establishment. And Mr.

16 Danilovics, he lives above it.

17 MEMBER JONES: Right.

18 INVESTIGATOR SHAKOOR: Okay? So

19 it's two different actually listening points,

20 and one of them is actually directly next to

21 it with a shared and one of them is above it.

22 MEMBER JONES: Understood.


1 INVESTIGATOR SHAKOOR: So we took

2 those two points in account. One of them was

3 above. He heard very -- nothing at one point.

4 And Mr. Hingoraney, who shares a wall, heard

5 some vibration, but was -- found it to be an

6 acceptable level.

7 MEMBER JONES: Understood. Okay.

8 And after the May 15th visit, the activity

9 there, had you received or have you received

10 complaints related to noise from either one of

11 those two individuals that you named regarding

12 noise?

13 INVESTIGATOR SHAKOOR: Yes, I

14 have.

15 MEMBER JONES: You have? Okay.

16 In your efforts to work with the establishment

17 to establish an agreeable sound level were you

18 physically located -- if I understood you

19 correctly, you were physically located in the

20 establishment?

21 INVESTIGATOR SHAKOOR: Throughout

22 the test I went back and forth.


1 MEMBER JONES: You went back and

2 forth?


4 MEMBER JONES: Okay. So you did

5 actually hear the impact of the

6 establishment's noise or sound on the

7 residential locations?


9 correct.

10 MEMBER JONES: Okay. Thank you.

11 Thank you, Mr. Chair.


13 Investigator Shakoor, okay, just so I

14 understand, on the 19th when you did the sound

15 test, all right, did you visit Mr.

16 Hingoraney's residence at the point where he

17 said it was an acceptable amount of vibration

18 from the bass?

19 INVESTIGATOR SHAKOOR: Yes, I

20 believe so. I believe I went back and forth.


22 Do you remember what you experienced when you


1 went on May 15th to Mr. -- because it was on

2 May 15th that you visited Mr. Hingoraney's

3 residence, is that correct?

4 INVESTIGATOR SHAKOOR: Oh, the

5 initial -- of the vibration, yes.


7 right. And you didn't visit any other

8 residence at that --

9 INVESTIGATOR SHAKOOR: No, just

10 that night.

11 INTERIM CHAIRMAN ALBERTI: So, do

12 you remember what you -- can you relate to me

13 the comparison of what you heard on the

14 evening of May 15th and that sound level that

15 was acceptable to Mr. Hingoraney on May 19th's

16 -- comparison of those two?

17 INVESTIGATOR SHAKOOR: On May 15th

18 you could definitely hear the bass thumping.

19 Okay? It was clearly audible. It was not

20 thumping. We had to strain to listen for it.

21 It was clearly audible thumping. We were

22 having a conversation inside of the residence


1 and you could hear it just above our

2 conversation.

3 INTERIM CHAIRMAN ALBERTI: Above

4 your level of normal conversation?


6 INTERIM CHAIRMAN ALBERTI: To us

7 talking now?


9 We also got onto the balcony and we talked

10 about that. I explained to him that because

11 it's outside it would not be a violation. We

12 were more focused on what's inside, what

13 they're hearing.

14 On the date of May 19th of the

15 sound level adjustment, it was at such a level

16 where people could sleep, he said, and it

17 wouldn't be a problem. And that was my

18 biggest focus.

19 INTERIM CHAIRMAN ALBERTI: He

20 said?


22 INTERIM CHAIRMAN ALBERTI: What do


1 you think? Do you think people could sleep

2 that evening?

3 INVESTIGATOR SHAKOOR: It's more

4 subjected to them. Like I said --


6 I'm trying -- you're the person on the stand

7 and I want to know what your experience was.

8 INVESTIGATOR SHAKOOR: On the day

9 of May 19th I would say it was greatly

10 decreased.


12 From what you experienced on May 19th?

13 INVESTIGATOR SHAKOOR: Absolutely.


15 I have no further questions. Anyone else?

16 (No audible response.)


18 Phillips, any redirect based on these

19 questions that we've asked?

20 MS. PHILLIPS: No, not from the

21 Board.



1 you. Mr. Woodson?

2 MR. WOODSON: Yes, I have one

3 question. I'd like a follow-up question, if

4 you will.

5 INTERIM CHAIRMAN ALBERTI: Based

6 on what we've just asked?

7 MR. WOODSON: Yes.

8 INTERIM CHAIRMAN ALBERTI: Go

9 ahead.

10 MR. WOODSON: Based on the line of

11 questioning from Mr. Jones, in your additional

12 visits you say you visited Mood Lounge several

13 times since the test period.


15 correct.

16 MR. WOODSON: Yes. In your

17 additional visits did you have occasion to

18 review the sound system?

19 INVESTIGATOR SHAKOOR: Honestly,

20 we did another sound test, so yes. That one

21 included the second floor at the time. At

22 this time, this one -- that was only one


1 floor. So, yes, we did.

2 MR. WOODSON: Yes, you did? Was a

3 DJ there doing the --

4 INVESTIGATOR SHAKOOR: Yes, the

5 same person.

6 MR. WOODSON: The same person?


8 MR. WOODSON: No further

9 questions.



12 Investigator Shakoor, you may step

13 down.

14 INVESTIGATOR SHAKOOR: Thank you.


16 Phillips?

17 MS. PHILLIPS: The Government

18 rests and would request the briefest of

19 breaks.


21 Five minutes? Is that okay with everyone?

22 MS. PHILLIPS: That's perfect.


1 INTERIM CHAIRMAN ALBERTI: They

2 always extend longer, so --

3 MS. PHILLIPS: I will try to make

4 it less than five,

5 INTERIM CHAIRMAN ALBERTI: We are

6 off the record and we'll take a five-minute

7 recess.

8 MS. PHILLIPS: Thank you kindly.


10 welcome.

11 (Whereupon, at 5:15 p.m. off the

12 record until 5:39 p.m.)


14 apologize. As I said, they always extended.

15 MS. PHILLIPS: Mr. Chair, I have a

16 preliminary matter, if I may.


18 MS. PHILLIPS: It has come to my

19 attention and it's my recollect that this --

20 somebody was recording this matter. And it's

21 my understanding that that is not allowed, but

22 I did not hear an admonition at the beginning


1 of the session, so if the Board would make an

2 admonition. I'm sure it's been cured by now

3 by my question.

4 INTERIM CHAIRMAN ALBERTI: I'm not

5 understanding.

6 PARTICIPANT: Somebody's taping.

7 Is somebody videotaping?

8 MS. PHILLIPS: It has come to my

9 attention that somebody was recording this

10 hearing.

11 INTERIM CHAIRMAN ALBERTI: In the

12 -- audio recorded?

13 MS. PHILLIPS: In the audience

14 other than the court reporter. And I would

15 like an admonition from the bench that it's

16 unacceptable and they need to erase it, which

17 I'm sure they've already done.

18 INTERIM CHAIRMAN ALBERTI: I'm not

19 sure what we're --

20 MS. PHILLIPS: In hearings --

21 INTERIM CHAIRMAN ALBERTI: There's

22 some vagueness of what the Board's policy is


1 on audio taping. I know that --

2 MS. PHILLIPS: I do know that in

3 hearings where the press has come they've had

4 to seek permission from the Board to record

5 and the Board has given that request in

6 limited amounts.

7 MEMBER JONES: That's true.


9 that is true.

10 MS. PHILLIPS: You know, I mean,

11 I've had them where they've just had to stand

12 outside.


14 true.

15 MS. PHILLIPS: And so --

16 MEMBER JONES: Yes.

17 INTERIM CHAIRMAN ALBERTI: It

18 would be our preference that it not occur, but

19 I mean --

20 MS. PHILLIPS: My recollection, it

21 was not allowed. It's certainly not allowed

22 in a court of law unless there's permission by


1 the judge or an application in writing,

2 etcetera, etcetera.


4 going to ask my Board Members how they feel

5 about it.

6 Mr. Brooks, how do you feel about

7 it? We'll do this in an open hearing. I

8 don't want to waste time.

9 MEMBER BROOKS: It should not be

10 allowed.


12 Mr. Jones?

13 MEMBER JONES: Absolutely not

14 allowed, period.


16 Nophlin, the question is whether we should

17 allow private individuals to record this

18 hearing today.

19 MEMBER NOPHLIN: Oh, not allowed.


21 So the decision of the Board that that should

22 not happen. I would -- we will not allow


1 that. So to you continue today, we ask that

2 you not continue recording, and if you have

3 any recording we ask that you would erase

4 that.

5 MR. RAYMOND: Mr. Chairman, that

6 was me. I'm not attending in my private

7 capacity. I'm an ANC commissioner who was

8 using that purely for my own informational

9 purposes. Didn't intent to post it anywhere

10 knowing that the official record does come out

11 I think in a couple of weeks, isn't that

12 correct?

13 INTERIM CHAIRMAN ALBERTI: That is

14 true, but it is available in two weeks, which

15 I believe is a reasonable time. I can only

16 request that you do that.

17 MR. RAYMOND: Okay.


19 would ask that you adhere to our request --

20 MR. RAYMOND: Sure.

21 INTERIM CHAIRMAN ALBERTI: -- to

22 erase that. And I know that it was an


1 innocent mistake, so we don't fault you for

2 that, but we do ask that you don't continue

3 and that you erase that. Thank you very much.

4 MS. PHILLIPS: That concludes my

5 preliminary matter, Mr. Chair.

6 INTERIM CHAIRMAN ALBERTI: Which

7 preliminary matter? Oh, this current one

8 here?

9 MS. PHILLIPS: That concludes my

10 preliminary matter for this session.


12 everything -- well, I will state, to be very

13 perfectly clear, anything that occurred in

14 this hearing after the opening statements --

15 because we do allow recording of opening

16 statements. That has been our policy.

17 Anything after the opening statements we ask

18 that it not -- that it be erased.

19 And your name, sir? I'm sorry.

20 MR. RAYMOND: Matt Raymond.

21 INTERIM CHAIRMAN ALBERTI: Matt

22 Raymond?


1 MR. RAYMOND: ANC 2-F-04.


3 Okay. Thank you. Thank you, Mr. Raymond.

4 Commissioner Raymond. I appreciate that.

5 Thank you.

6 Okay. Let's continue. Mr.

7 Woodson, if you would --

8 MR. WOODSON: Yes.


10 your --

11 MR. WOODSON: If I may, Chairman

12 Alberti, we're going -- prior to beginning our

13 case in chief, I'd like to renew a motion --

14 a request to dismiss the proceeding. And

15 actually, I don't need to renew it. I'm going

16 to make it.

17 INTERIM CHAIRMAN ALBERTI: Pardon?

18 MR. WOODSON: I'm going to make a

19 request to dismiss the proceeding. The show

20 cause proceeding that we're here for today is

21 in connection with a violation of the

22 voluntary agreement. The four corners of this


1 voluntary agreement go to the willingness of

2 the parties; that is, the neighbors and the

3 ANC, but the neighbors particularly and Mood

4 Lounge to try to come to an amicable

5 conclusion regarding the sound level. There's

6 been -- testimony from the Government's

7 witnesses itself reveals that there was that

8 back and forth between the parties. The

9 testimony from the investigator established

10 clearly that at the time that the investigator

11 did his test that the sound levels were deemed

12 to be satisfactory. And the investigator,

13 according to his testimony, showed that there

14 had not been a change in that sound level

15 through the period of time for his testimony.

16 There's no testimony and record evidence about

17 anything that happened beyond that period.

18 One of the purposes served by the

19 ABC's investigative staff in these kinds of

20 circumstances is to provide a benchmark

21 against which the applicants, the owners and

22 the other parties, the ANC or other parties to


1 voluntary agreements measure their conduct and

2 measure their positions. There's only been

3 one and that sound test showed that and

4 resulted, that sound test resulted in

5 essentially a settlement between the parties.

6 And I submit to you that engaging

7 and imposing a show cause proceeding when

8 there has been a practical settlement between

9 the parties as a result of all of these

10 activities really does not serve the resources

11 of the Board well.

12 In this circumstance what we had

13 at the end of the day is an agreement between

14 Mood Lounge and the Complainants as to

15 acceptable levels of sound, and that had been

16 preceded with a period of back and forth

17 between the parties around what that actually

18 is. It was the intercession of the

19 investigative staff that helped the parties

20 bring clarity to the situation and the

21 controversy, and they reached an agreement.

22 I submit to the Board that a show


1 cause proceeding under these circumstances is

2 unwarranted and I request that the Board

3 dismiss the proceeding.


5 you, Mr. Woodson.

6 Ms. Phillips?


8 Chair. Truly the District disagrees. The

9 violation -- if you want to look technically

10 at the voluntary agreement just from pure

11 technicalities on the notice issue, which

12 discussed in Section 15, the notice section,

13 they gave a written notice on 3/9. They had

14 under the voluntary agreement until 4/9 or

15 4/10, whatever 30 days is; I still haven't

16 counted it on the calendar, to cure. The

17 testimony is that they did not cure. And

18 therefore, they have a violation of the

19 voluntary agreement, which is chargeable under

20 the voluntary agreement, as it is, and under

21 the statute.

22 And what happened on May 19th or


1 May 17th, or whatever day the test was, was an

2 additional chance to cure, which in reality

3 maybe we shouldn't have even continued or

4 contained in the notice or even talked about,

5 because the violation occurred on May -- no,

6 the violation occurred on 30 days after the

7 written notice when they had not cured.

8 And the second point I would like

9 to make is that the page 2 of the voluntary

10 agreement says, "Should any noise, sound" --

11 I've actually reversed that -- "Should any

12 sound, noise or music be heard in any

13 residential premises, Applicant will take

14 immediate remedial action." So not only have

15 they not complied with curing within the

16 notice requirements in the latter sections,

17 they certainly haven't complied with Section

18 6 at any point.

19 If you are going to look only at

20 the test on May 9th, I think that does not --

21 that only establishes that the residents and

22 the establishment were willing to continue to


1 negotiate and continue to try and continue to

2 reach acceptable level of noise within the

3 voluntary agreement and the noise, but it does

4 not at all extinguish the violation. The

5 violation occurred 30 days after March 9th and

6 continued for two weeks after the test, after

7 two weeks after the test on May 19th,

8 according to the testimony that's in the

9 record. And the Board elicited additional

10 testimony.



13 The Board's going to take a moment

14 to consider this and seek legal advice on this

15 issue.

16 As Interim Chairperson of the

17 Alcoholic Beverage Control Board for the

18 District of Columbia and in accordance with

19 Section 405 of the Open Meetings Amendment Act

20 of 2010, I move that the ABC Board hold a

21 closed meeting for the purpose of seeking

22 legal advice from our counsel on Case No. 11-


1 CMP-00175 per Section 405(b)(4) of the Open

2 Meetings Amendment Act of 2010 of 2010.

3 Do I have a second?

4 MEMBER NOPHLIN: Second.

5 INTERIM CHAIRMAN ALBERTI: How say

6 you, Mr. Nophlin?

7 MEMBER NOPHLIN: I agree.


9 Brooks?

10 MEMBER BROOKS: I agree.


12 Jones?

13 MEMBER JONES: I agree.


15 agree. That's four in favor; none opposed.

16 As it appears that the motion has

17 passed, I hereby give notice that the ABC

18 Board will recess this proceeding to hold a

19 closed meeting in the ABC Board conference

20 room pursuant to the Open Meetings Amendment

21 Act of 2010.

22 We will be back shortly.


1 (Whereupon, at 5:50 p.m. off the

2 record until 5:52 p.m.)

3 INTERIM CHAIRMAN ALBERTI: We are

4 back on the record. We've considered this

5 motion. It's my recommendation to the Board

6 that we deny the motion because there's an

7 allegation based on an incident that occurred

8 on May 15th. And that's really -- as Mr.

9 Woodson kept saying earlier on, that's really

10 what's important here. And what happened on

11 May 19th is interesting and may be relevant to

12 the relationship between the Licensee and the

13 community, but it is not relevant to the

14 allegation made that we are considering here

15 today. And it is up to the Government to

16 either prove or -- well, to prove that

17 allegation, and we're going to allow the

18 Government the opportunity to make a case. So

19 with that, I recommend that we deny the

20 motion.

21 How say you, Mr. Nophlin?




2 Brooks?



5 agree. That's three in favor; none opposed.

6 Thank you. Let's proceed. Mr.

7 Woodson?

8 MS. GORDON: We'd like to call our

9 first witness, Ms. Abeba Beyene.

10 INTERIM CHAIRMAN ALBERTI: Please

11 approach the witness stand, please. Ms.

12 Beyene, if you would raise your right hand.

13 Do you solemnly affirm that the testimony

14 you're about to provide will be the truth, the

15 whole truth and nothing but the truth?

16 MS. BEYENE: I do.



19 Ms. Gordon, please proceed.

20 MS. GORDON: Can you please state

21 your full name and spell it for the record,

22 please?


1 MS. BEYENE: Abeba Beyene, A-B-E-

2 B-A, B-E-Y-E-N-E.

3 MS. GORDON: Okay. Great.

4 MS. PHILLIPS: Mr. Chair, if she

5 continues at that volume, I will not be able

6 to hear her.


8 Beyene, and neither will the Board. We need

9 to hear you, so please speak up.

10 MS. BEYENE: Yes.

11 MS. GORDON: Okay. Are you

12 affiliated with Mood Lounge?

13 MS. BEYENE: Yes.

14 MS. GORDON: What is your

15 affiliation?

16 MS. BEYENE: I'm the owner of Mood

17 Lounge.

18 MS. GORDON: And how long have you

19 been the owner of Mood Lounge?

20 MS. BEYENE: Since January 2011.

21 MS. GORDON: Were you present at

22 Mood Lounge the morning of May 15th, 2011?


1 MS. BEYENE: Yes.

2 MS. GORDON: Okay. While present

3 on May 15th do you recall ABRA Investigator

4 Shakoor coming to Mood?

5 MS. BEYENE: Yes.

6 MS. GORDON: When Mr. Shakoor

7 arrived did you grant him immediate access to

8 Mood?

9 MS. BEYENE: Yes.

10 MS. GORDON: Did Mr. Shakoor ask

11 you to do anything?

12 MS. BEYENE: He actually asked me

13 to lower the -- he got a complaint from the

14 neighbors about the sound and he asked me to

15 lower the sound, which I did immediately.

16 MS. GORDON: Okay. So you

17 immediately did what he asked you?

18 MS. BEYENE: Yes.

19 MS. GORDON: Which was to lower

20 the sound. Was there any follow up with ABRA

21 after this May 15th meeting with Investigator

22 Shakoor?


1 MS. BEYENE: Yes, Mr. Shakoor

2 asked me so we can meet I believe three or

3 four days after to do a sound check, which we

4 did. I believe it was on May 19. The meeting

5 was held by me, a sound engineer, Mr. Rishi,

6 the owner of the condominium next door, and I

7 believe another gentleman. I'm not sure his

8 name. And of course Mr. Shakoor, the ABRA

9 investigator.

10 MS. GORDON: Okay. So do you

11 recall or do know, was the other gentleman a

12 neighbor of yours? Do you know -- have any

13 idea where he resided?

14 MS. BEYENE: I believe at that

15 time he was a tenant of Mr. Rishi's

16 condominium.

17 MS. GORDON: So was this the first

18 time doing a similar type of test with your

19 neighbors, a sound test?

20 MS. BEYENE: No, that wasn't the

21 first time. We had done that before without

22 ABRA investigator being present between


1 myself, the sound engineer, Mr. Rishi. We did

2 a sound test prior to that.

3 MS. GORDON: Prior to May 19th,

4 2011?

5 MS. BEYENE: (No audible

6 response.)

7 MS. GORDON: So I want you to just

8 describe what happened to me a little bit more

9 on May 19th. Can you just describe what

10 happened?

11 MS. BEYENE: The meeting was held

12 by me, Mr. Shakoor, Mr. Rishi, the other

13 gentleman; and I'm sorry, I don't remember his

14 name, the sound engineer, Joseph Adams. And

15 we actually decide to do a sound test. The

16 two gentlemen went back to their condominium.

17 Mr. Shakoor and myself stayed in the lounge

18 and they were going back and forth with a text

19 message to be able to adjust the level of the

20 sound which is suitable for them and as well

21 as the establishment. And we agreed and we

22 set the level.


1 MS. GORDON: Okay. You said

2 suitable for "them." Who's "them?"

3 MS. BEYENE: My neighbors.

4 MS. GORDON: Neighbors? Okay. So

5 is it fair to say that you found a music level

6 that was acceptable to the neighbors at this

7 May 19th meeting?

8 MS. BEYENE: Yes, through the text

9 message they were exchanging between Mr.

10 Shakoor and Mr. Rishi, Mr. Shakoor told me the

11 sound should stay this way. So the sound

12 limiter was locked. It's always locked in the

13 closet. So we took a picture of that

14 adjustment and locked the closet. Nobody has

15 a key for that closet but me.

16 MS. GORDON: Okay. In front of

17 you there should still be a notebook with

18 exhibits.

19 MS. BEYENE: Yes.

20 MS. GORDON: Can you flip to -- it

21 should be Exhibit B. No. 2 I think that was

22 labeled.


1 MS. BEYENE: Yes.

2 MS. GORDON: It's the second

3 investigative report. Can you describe to me

4 what you see there? Maybe it's tab --

5 MS. PHILLIPS: Are you --

6 MS. GORDON: I'm looking for

7 the --

8 MS. BEYENE: This basically

9 describe exactly what I just testify.

10 MS. GORDON: But is it a -- can

11 you explain what that picture is? Is it a

12 picture of something?

13 MS. BEYENE: No, ma'am.


15 MS. BEYENE: I'm not at a picture.

16 I'm at Exhibit B.

17 MS. PHILLIPS: It's attachment 2

18 to Exhibit B. If you keep turning, you'll

19 find what she's asking you for. Since it's my

20 exhibit book.

21 MS. BEYENE: So Exhibit 2?

22 MS. GORDON: Is it a photo?


1 MS. BEYENE: Yes.

2 MS. GORDON: Photograph?

3 MS. BEYENE: Yes.

4 MS. GORDON: Okay. Is that photo

5 familiar to you?

6 MS. BEYENE: Yes, that's my sound

7 limiter.

8 MS. GORDON: Okay. And does --

9 the picture as it appears right there, does it

10 accurately reflect the volume that was set on

11 May 19th?

12 MS. BEYENE: Yes.

13 MS. GORDON: Okay. And to the

14 best of your knowledge as you sit here today

15 is that still the same way the volume is --

16 MS. BEYENE: Yes.

17 MS. GORDON: Okay. And you said

18 that -- where is the sound limiter kept?

19 MS. BEYENE: In the closet. It's

20 locked.

21 MS. GORDON: Okay. So --

22 MS. BEYENE: It's always been


1 locked.

2 MS. GORDON: Okay. So does any

3 other employee have access to the closet?

4 MS. BEYENE: No.

5 MS. GORDON: Okay. All right.

6 Thank you. No further questions.


8 Phillips?

9 MS. PHILLIPS: You're familiar

10 with the voluntary agreement, would that be

11 fair?

12 MS. BEYENE: Yes.

13 MS. PHILLIPS: It indicates that

14 you need to get written notice and then 30

15 days to cure, is that correct?

16 MS. BEYENE: Yes.

17 MS. PHILLIPS: There's a copy of

18 it under Exhibit A, if you need to look at it.

19 I think it's tab 4. Would you also agree with

20 me that it indicates that you have 30 days to

21 cure?

22 MR. WOODSON: Mr. Alberti, would


1 you mind? Cross-examination is supposed to

2 focus upon issues brought out on direct

3 testimony. There's been no direct testimony

4 from this witness whatsoever about the

5 voluntary agreement.


7 Phillips?

8 MS. PHILLIPS: That is totally

9 correct, but the District is requesting some

10 latitude since the whole point of all of this

11 discussion is compliance with the voluntary

12 agreement, because this is a voluntary

13 agreement case. The District would prefer to

14 have some testimony from the owner, but

15 certainly could have undisputed testimony

16 about the voluntary agreement in its own case,

17 and will live with that if it's necessary.

18 INTERIM CHAIRMAN ALBERTI: Just

19 one moment.

20 Okay. I'm going to sustain the

21 objection.

22 MS. PHILLIPS: Fine. The District


1 has no questions of this witness.


3 you.

4 Questions from the Board? Mr.

5 Jones?


7 Chairman.

8 You indicated that you're the

9 owner of the establishment, correct?

10 MS. BEYENE: Yes.

11 MEMBER JONES: You've been the

12 owner since January?

13 MS. BEYENE: Yes, sir.

14 MEMBER JONES: Did you build or

15 did you assume the club, the establishment?

16 Was it already in the form of Mood as in today

17 when you bought it or --

18 MS. BEYENE: Pretty much.

19 MEMBER JONES: It was?

20 MS. BEYENE: Pretty much.

21 MEMBER JONES: Okay.

22 MS. BEYENE: Yes.


1 MEMBER JONES: Were you party to

2 -- well, no. Were you aware of -- so, I'm

3 sorry. You did indicate during your testimony

4 that you met with Investigator Shakoor?

5 MS. BEYENE: Yes.

6 MEMBER JONES: And that you

7 allowed him into your establishment to conduct

8 some activities?

9 MS. BEYENE: Yes.

10 MEMBER JONES: What activities did

11 he conduct again?

12 MS. BEYENE: He actually -- we met

13 -- are you talking about May 15 or the 19th?

14 MEMBER JONES: Fifteenth. May

15 15th.

16 MS. BEYENE: Well, the 15 he

17 walked in and explain to me he receive a

18 complaint because of the sound being loud from

19 the neighbors. And he asked me to lower the

20 sound, which I did.

21 MEMBER JONES: Why did you feel

22 compelled to lower the sound?


1 MS. BEYENE: Oh, that's not the

2 first time this happen. That was the first

3 time investigator came. But before that,

4 between myself and the neighbors, we've done

5 this before. We've been through that before.

6 MEMBER JONES: Okay. Why were you

7 compelled to do anything with your business

8 operations at the request of the neighbors?

9 MS. BEYENE: I always feel like I

10 have to do that. I always feel like I have to

11 do what they want me to do.

12 MEMBER JONES: So if a resident in

13 that area said I want you to restrict your

14 operating hours, would you do it?

15 MS. BEYENE: My operating hours,

16 no, but sometimes I put myself in their shoes.

17 And one of the gentleman, Mr. Rishi, he share

18 the wall with the lounge, so me and him we

19 went back and forth several times. And every

20 time I receive, you know, a text message or

21 email from him, i feel obligated to lower the

22 sound.


1 MEMBER JONES: So why that versus

2 your operating hours? What's the difference?

3 Why do you feel compelled to reduce the sound

4 as opposed to reducing your operating hours?

5 MS. BEYENE: I wish I know. I

6 really don't know.

7 MEMBER JONES: You're saying you

8 have no idea why you're compelled to reduce

9 sound and not anything else?

10 MS. BEYENE: No, one, of course it

11 says on the voluntary agreement --

12 MEMBER JONES: On the voluntary

13 agreement?

14 MS. BEYENE: -- that I have to be

15 able to --

16 MEMBER JONES: So you're aware of

17 the voluntary agreement?

18 MS. BEYENE: Absolutely.


20 MS. BEYENE: Yes.

21 MEMBER JONES: So in your

22 voluntary agreement what are the requirements


1 as stated in your voluntary agreement as it

2 relates to sound --

3 MS. BEYENE: Sound.

4 MEMBER JONES: -- being heard in

5 residential residences in the neighborhood?

6 MS. BEYENE: Basically my

7 understanding from voluntary agreement that

8 I'm required to work -- you know, to lower the

9 volume of the sound if it's disturbing the

10 neighbors.

11 MEMBER JONES: So your

12 understanding of the voluntary agreement is

13 that you're to lower the sound of --

14 MS. BEYENE: Yes.

15 MEMBER JONES: -- your music, of

16 your amplified music or is it to --

17 MS. BEYENE: Yes, sound and also

18 bass.

19 MEMBER JONES: You said -- say

20 that again?

21 MS. BEYENE: Bass.

22 MEMBER JONES: Bass?


1 MS. BEYENE: Yes.

2 MEMBER JONES: Okay. And does

3 that say that -- does your voluntary agreement

4 say that specifically, or is that your

5 interpretation of what it means?

6 MS. BEYENE: My interpretation.

7 My understanding of the voluntary agreement.

8 MEMBER JONES: Okay. Were you --

9 are you a signatory on the voluntary

10 agreement, or did you assume the voluntary

11 agreement as part of the license? Did you

12 actually sign the voluntary agreement?

13 MS. BEYENE: No.

14 MEMBER JONES: You didn't?

15 MS. BEYENE: No.

16 MEMBER JONES: So you assumed it

17 as part of your assuming the license?


19 MEMBER JONES: Okay. Did you seek

20 clarification on what the words in the

21 voluntary agreement were intended, or how they

22 should be enforced, or how they could be


1 enforced from either your representative, from

2 a lawyer, from the community at large, or from

3 all those parties, or does this -- your

4 interpretation is the only one that you've

5 been going on?

6 MS. BEYENE: I can say my

7 interpretation.

8 MEMBER JONES: Okay. So as far as

9 you're concerned, for you to meet the

10 requirements as stated in the voluntary

11 agreement, all you have to do is turn down the

12 sound?

13 MS. BEYENE: No.

14 MEMBER JONES: No? Okay. So what

15 else would you have to do?

16 MS. BEYENE: I mean, when it comes

17 to the sound, yes. There's other things on

18 voluntary agreement I have to follow.

19 MEMBER JONES: I'm sorry. I'm

20 focused at this point -- I apologize. I

21 wasn't clear. I'm speaking only about the

22 sound being heard in your neighbors'


1 residences, right, as a result of your

2 business operations.

3 MS. BEYENE: Volume and --

4 lowering the volume is not the only thing I've

5 done to eliminate the problem.

6 MEMBER JONES: So --

7 MS. BEYENE: I've done several --

8 MEMBER JONES: Help me understand.

9 So, I misunderstood what you said earlier.

10 MS. BEYENE: Okay.

11 MEMBER JONES: So help me

12 understand. What I thought you said earlier

13 was that in order for you to meet the

14 requirements, as you understand them to be, as

15 part of your voluntary agreement, all you were

16 compelled to do was lower the volume.

17 MS. BEYENE: No.


19 MS. BEYENE: Not -- that's not the

20 only thing.

21 MEMBER JONES: Got you.

22 MS. BEYENE: No.


1 MEMBER JONES: So what additional

2 are you compelled to do based on your

3 understanding of your voluntary agreement?

4 MS. BEYENE: I've done several

5 things. I can explain those things to you.

6 MEMBER JONES: I'm listening.

7 MS. BEYENE: Okay. From the

8 previous owner they used to use three bass,

9 three amp, and I disconnected two of them.

10 I'm only using one. The wall that we share

11 Mr. -- myself and Mr. Rishi, it has six

12 install speakers, which the previous owner

13 were using. Those are cut. They don't work.

14 They're disconnected to cut the volume. I've

15 done, as the record shows, bought a sound

16 limiter so the sound will not go higher than

17 what we set it. I've done that already.

18 There several steps that I took.

19 MEMBER JONES: Okay. And then how

20 would you know whether or not you've achieved

21 your goal? Like what is your measure of

22 success? So you've done all these things with


1 the purpose or the intent of accomplishing

2 what?

3 MS. PHILLIPS: So the volume will

4 not be heard.

5 MEMBER JONES: Not be heard where?

6 MS. BEYENE: The neighbors.

7 Through the neighbors' property.

8 MEMBER JONES: In the neighbors'

9 property?

10 MS. BEYENE: Yes.

11 MEMBER JONES: Inside their

12 property? Outside their property? On the

13 balcony? What is your understanding of where

14 it shouldn't be heard?

15 MS. BEYENE: Inside their

16 property.

17 MEMBER JONES: Inside their

18 property?


20 MEMBER JONES: Okay. So that's

21 your understanding? Is that your -- you've

22 made the changes with the intent of ensuring


1 that the sound isn't heard inside the

2 neighbors' property as you are compelled to do

3 based on your understanding of your voluntary

4 agreement?


6 MEMBER JONES: Is that a fair --

7 okay.


9 MEMBER JONES: So have you

10 received complaints regarding sound being

11 heard inside your neighbors' residences?

12 MS. BEYENE: Oh, I've received

13 complaints when the day -- when the days I'm

14 not even open. I'm not even in the building.

15 I'm the only owner and the only person who has

16 the lock of the building who knows the code of

17 -- the security code. Nobody can get in

18 unless I'm present. And I receive a

19 complaints when the days I was home.

20 MEMBER JONES: So from your

21 standpoint the complaints that -- some the

22 complaints you've received at the very least


1 are erroneous or not based on --

2 MS. BEYENE: It's not true.

3 MEMBER JONES: Not true?

4 MS. BEYENE: Absolutely.

5 MEMBER JONES: Okay. Are there

6 some complaints that you've received that you

7 would interpret as being valid complaints?

8 MS. BEYENE: Those I take care of.

9 I mean, I react right away. I did whatever I

10 had to do. Those are the things I just

11 mentioned to you, by cutting, you know, by

12 disconnecting them, the amps.

13 MEMBER JONES: Yes.

14 MS. BEYENE: By, you know, having

15 the sound limiter install, by working with the

16 neighbors, by bringing a sound engineer to do

17 the test. It's not one time. I've done the

18 sound test four or five times.

19 MEMBER JONES: I see. So of the

20 things that you did what did you do to verify

21 and confirm that you had met your burden as

22 per your understanding of your voluntary


1 agreement, which is to not have sound be heard

2 in your neighbors' residences? Did you have

3 your sound engineer conduct a third-party

4 test?

5 MS. PHILLIPS: With Mr. Shakoor.

6 MEMBER JONES: Okay. So your

7 verification was done in conjunction with

8 ABRA's activities with Investigator Shakoor?


10 MEMBER JONES: So you didn't know

11 whether or not you had met your burden until

12 Investigator Shakoor got involved in the

13 process?

14 MS. BEYENE: That helps. That

15 helps.

16 MEMBER JONES: So what did you

17 do --

18 MS. BEYENE: -- even though I've

19 done that before.

20 MEMBER JONES: You've confirmed it

21 before?

22 MS. BEYENE: Yes, if you want --


1 MEMBER JONES: So how did you

2 confirm it?

3 MS. BEYENE: The same way.

4 Without Mr. Shakoor being present, the same

5 way.

6 MEMBER JONES: So do you have --

7 did you get confirmation from the neighbor in

8 question saying -- either via email or verbal

9 conversation --

10 MS. BEYENE: Actually, yes, it's

11 done. Yes, I just read one of them.

12 MEMBER JONES: -- text messages

13 saying --

14 MS. BEYENE: Yes.

15 MEMBER JONES: -- we are

16 satisfied?

17 MS. BEYENE: Yes.

18 MEMBER JONES: Okay. What

19 transpired between the time that the neighbor

20 was satisfied and you got confirmation of that

21 and the time where you got another -- what you

22 would consider to be a legitimate complaint


1 from the neighbor about the sound being too

2 loud? Did you change your operations? Did

3 you change the sound level? Did you change

4 the construct? What happened?

5 MS. BEYENE: Absolutely no change.

6 MEMBER JONES: Nothing?

7 MS. BEYENE: When it comes to the

8 sound, I have not made any change.

9 MEMBER JONES: Okay. The closet

10 that you refer to where the sound limiter is?

11 MS. BEYENE: Yes, sir?

12 MEMBER JONES: What is that

13 closet?

14 MS. BEYENE: It's a closet where

15 the AC, the -- it has -- it's just a closet.

16 It has the AC -- I don't know what you -- what

17 do you call it?

18 MEMBER JONES: Would it be fair to

19 characterize it as a utility closet?

20 MS. BEYENE: Yes, exactly.

21 MEMBER JONES: Do you have your

22 HVAC unit in there?


1 MS. BEYENE: Exactly.

2 MEMBER JONES: So is there

3 anything else in there besides the HVAC unit?

4 It there a fuse box in there? Is there a mop

5 in there?

6 MS. BEYENE: No mop. Yes, there

7 is a fuse box.

8 MEMBER JONES: There is a fuse

9 box?


11 MEMBER JONES: Okay. But not

12 generally needed for day-to-day operations?

13 MS. BEYENE: There is a light.

14 Actually there is light I have to turn in

15 every time I go in there.

16 MEMBER JONES: There's a light you

17 have to turn in?

18 MS. BEYENE: Yes, the light switch

19 inside.

20 MEMBER JONES: Okay. I'm sorry.

21 In terms of the access to that closet --

22 MS. BEYENE: Yes.


1 MEMBER JONES: -- is not required

2 for the day-to-day operations of your

3 establishment, or is it?

4 MS. BEYENE: It does. The lights.

5 MEMBER JONES: It is?

6 MS. BEYENE: The light switch,

7 yes.

8 MEMBER JONES: Okay. And what

9 days are you open?

10 MS. BEYENE: Start Friday and

11 Saturday.

12 MEMBER JONES: Friday and Saturday

13 only?

14 MS. BEYENE: Some days

15 occasionally I open other nights.


17 MS. BEYENE: Yes, but mostly it's

18 Friday and Saturday.

19 MEMBER JONES: Okay. And so, from

20 the time that you assumed ownership until now

21 you've been there every night that you've been

22 open?


1 MS. BEYENE: Every single night.

2 MEMBER JONES: Okay. You've not

3 missed a single night?

4 MS. BEYENE: Never.

5 MEMBER JONES: You never -- you

6 haven't gone on vacation or holidays?

7 MS. BEYENE: Never.


9 MS. BEYENE: I've never been on

10 vacation for the past three years.

11 MEMBER JONES: Okay. Do you have

12 another form of employment?

13 MS. BEYENE: I'm sorry?

14 MEMBER JONES: Do you have another

15 form of employment?

16 MS. BEYENE: No.

17 MEMBER JONES: So this is your

18 sole source of income?



21 Thank you, Mr. Chairman.

22 INTERIM CHAIRMAN ALBERTI: Other


1 questions? Mr. Brooks?

2 MEMBER BROOKS: Yes, just a couple

3 questions. Good evening.

4 MS. BEYENE: Good evening.

5 MEMBER BROOKS: You say you're

6 open what, Fridays and Saturdays?


8 MEMBER BROOKS: Fridays and

9 Saturdays?

10 MS. BEYENE: Yes.

11 MEMBER BROOKS: Okay. And how

12 late are you open?

13 MS. BEYENE: Friday and Saturday

14 until 3:00.

15 MEMBER BROOKS: Until 3:00 a.m.?


17 MEMBER BROOKS: Oh, okay. And the

18 complaints that you get, is there any special

19 time on those two days, those two nights?

20 MS. BEYENE: Most of the time the

21 minute I open --

22 MEMBER BROOKS: And you open --


1 MS. BEYENE: -- I receive emails.

2 MEMBER BROOKS: Okay. And you

3 open at what time?

4 MS. BEYENE: Friday I do happy

5 hour.

6 MEMBER BROOKS: So what's that?

7 MS. BEYENE: It starts at 5:00.

8 MEMBER BROOKS: 5:00 p.m.?

9 MS. BEYENE: Yes.

10 MEMBER BROOKS: Okay.

11 MS. BEYENE: Saturday, 10:00 p.m.

12 MEMBER BROOKS: 10:00 p.m.? And

13 at 5:00 p.m. -- you're beginning to get

14 complaints at 5:00 p.m.?

15 MS. BEYENE: I have, yes.

16 MEMBER BROOKS: You have had

17 complaints?

18 MS. BEYENE: Yes.

19 MEMBER BROOKS: Okay. And what

20 are the complaints? Is it just too much

21 noise? The bass is too much?

22 MS. BEYENE: Mostly noise.


1 MEMBER BROOKS: Noise?

2 MS. BEYENE: The voice. The

3 sound.

4 MEMBER BROOKS: The sound? Okay.

5 And is this a DJ, or is this just stereo music

6 that you piped in?

7 MS. BEYENE: Most of the time it's

8 DJ.

9 MEMBER BROOKS: It's a DJ?

10 MS. BEYENE: Yes.

11 MEMBER BROOKS: So at 5:00 p.m.

12 you have a DJ?


14 MEMBER BROOKS: Okay.

15 All right. Thank you, Mr.

16 Chairman.


18 Nophlin?

19 MEMBER NOPHLIN: You had discussed

20 the problem with -- first of all, how are you?

21 You discussed the problems with your

22 neighbors? They came and complained --


1 MS. BEYENE: Yes.

2 MEMBER NOPHLIN: -- about the

3 noise?

4 MS. BEYENE: Yes, they did.

5 MEMBER NOPHLIN: And you said had

6 an engineer to come by to validate what the

7 problems were?


9 MEMBER NOPHLIN: Did he or she

10 suggest other changes other than turning the

11 volume down? Is there anything else that

12 could be done other than just that?

13 MS. BEYENE: The sound engineer,

14 no, but the neighbors, they have.

15 MEMBER NOPHLIN: They have made

16 what?

17 MS. BEYENE: They suggest for me

18 to do a soundproof the building.

19 MEMBER NOPHLIN: Oh, and you

20 didn't want to do that?

21 MS. BEYENE: I can't afford it.

22 MEMBER NOPHLIN: What does that


1 mean, by the way?

2 MS. BEYENE: Pretty much a

3 soundproof from wall to wall so no sound would

4 come out.

5 MEMBER NOPHLIN: How long has this

6 been going on? You said since January. Since

7 you purchased --


9 MEMBER NOPHLIN: -- the club. The

10 ANCs and as well as the neighbors have

11 complained that you were -- they were having

12 problems with the noise?


14 MEMBER NOPHLIN: And you don't see

15 any other solution to the problem? I mean, is

16 there other ways you could do this other than

17 what you've done?

18 MS. BEYENE: I've done everything

19 that I can. In the meantime they -- recently

20 we had another meeting take place in the

21 establishment with the neighbors. They

22 suggest what I just mentioned, to soundproof


1 the whole building. I brought a gentleman who

2 -- I didn't even know prior to that how much

3 it cost and he gave me estimate to do a sound

4 -- soundproof the whole building. It's almost

5 6,000 feet, 6,000 square feet building.

6 That's the only other way I know of. What he

7 said it would eliminate the problem.

8 MEMBER NOPHLIN: Who's next to

9 your business? Is there another club next to

10 your business?

11 MS. BEYENE: No. Mr. Rishi condo.

12 He has a condo right next door.

13 MEMBER NOPHLIN: Next door?

14 MS. BEYENE: And on the other side

15 it's a building. It's under renovation right

16 now.

17 MEMBER NOPHLIN: And what is that

18 going to be?

19 MS. BEYENE: From -- the

20 contractor mention to me it's going to be some

21 architect, some kind of architecture office,

22 or something.


1 MEMBER NOPHLIN: Okay. Thank you,

2 Mr. Chair.

3 INTERIM CHAIRMAN ALBERTI: Hi, Ms.

4 Beyene. You mentioned the installation of a

5 sound limiter.

6 MS. BEYENE: Yes.

7 INTERIM CHAIRMAN ALBERTI: When

8 was that installed?

9 MS. BEYENE: Wish I had the exact

10 date, but I don't. It could be in March,

11 sometimes in March.

12 INTERIM CHAIRMAN ALBERTI: In

13 March?

14 MS. BEYENE: Yes.


16 You said you took steps such as disconnecting

17 two, I guess, basses.

18 MS. BEYENE: Major --

19 INTERIM CHAIRMAN ALBERTI: I guess

20 they would be subwoofers maybe?

21 MS. BEYENE: Yes. Yes. Yes.



1 other sound equipment? When did you take

2 those steps?

3 MS. BEYENE: The six speakers,

4 which was in the store against the wall, what

5 me and Mr. Rishi share --


7 MS. BEYENE: -- the first

8 complaint that I received from Mr. Rishi.

9 INTERIM CHAIRMAN ALBERTI: So it

10 would have been?

11 MS. BEYENE: In -- sometimes in

12 February.

13 INTERIM CHAIRMAN ALBERTI: In

14 February? Okay. Are you familiar with your

15 sound board?

16 MS. BEYENE: The sound --


18 sound board.

19 MS. BEYENE: Sound system?


21 sound board. I think we had a picture of it.

22 MS. BEYENE: Yes. Yes.


1 INTERIM CHAIRMAN ALBERTI: Is that

2 what I'm talking about?

3 MS. BEYENE: Yes.

4 INTERIM CHAIRMAN ALBERTI: Are you

5 familiar with it?



8 that's where the volume levels are set, is

9 that correct?

10 MS. BEYENE: Yes.


12 So are you familiar with what the sound level

13 is set at currently?

14 MS. BEYENE: Yes, the way Mr.

15 Shakoor set it up, Mr. Shakoor and -- well, he

16 didn't actually did it, but the sound engineer

17 where Mr. Shakoor was there.


19 you're familiar with where it's set right now?

20 MS. BEYENE: Yes. Yes.


22 You spoke about a previous sound check.


1 MS. BEYENE: Yes.

2 INTERIM CHAIRMAN ALBERTI: Okay?



5 was that done?

6 MS. BEYENE: One I believe in

7 February. The other one, if I'm not mistaken,

8 is March 20 or 22nd, around that time.


10 so you had one done in February. Why did you

11 have one done again in March?

12 MS. BEYENE: Because the

13 complaints did not stop.


15 Did you lower the volume levels between

16 February and March?

17 MS. BEYENE: Yes, every day I'm

18 adjusting something, either disconnect the

19 speaker -- and actually at the beginning the

20 first -- the second floor was not ever opened.

21 We only had one floor.



1 So when did you open the second floor?

2 MS. BEYENE: I'm not sure exactly

3 the date.

4 INTERIM CHAIRMAN ALBERTI: Give me

5 a month?

6 MS. BEYENE: Maybe about April.

7 INTERIM CHAIRMAN ALBERTI: April?

8 Okay. And did you have a sound check done

9 after you opened the second floor?

10 MS. BEYENE: That's the sound

11 check we did with Mr. Shakoor on May.


13 But other than that you had no sound check

14 done?

15 MS. BEYENE: No.

16 INTERIM CHAIRMAN ALBERTI: On May

17 15th when Mr. Shakoor came in and talked to

18 you, all right --

19 MS. BEYENE: Yes.

20 INTERIM CHAIRMAN ALBERTI: -- you

21 said you lowered the volume, is that correct?

22 MS. BEYENE: Yes.


1 INTERIM CHAIRMAN ALBERTI: Did you

2 adjust the sound board after that?

3 MS. BEYENE: No, I didn't -- even

4 at that time I didn't touch the sound board.

5 What I did is the volume from the DJ booth,

6 for the DJ to put the volume down.

7 INTERIM CHAIRMAN ALBERTI: Oh,

8 okay. So, well, maybe I'm being confused.

9 The volume from the DJ, is that what's locked

10 now?

11 MS. BEYENE: No, the main

12 controller is locked. But just like Mr.

13 Shakoor earlier testified, some DJs, when they

14 come in --

15 INTERIM CHAIRMAN ALBERTI: So if

16 you wanted to turn up the volume, what would

17 you do?

18 MS. BEYENE: I'm sorry, sir?

19 INTERIM CHAIRMAN ALBERTI: If you

20 wanted to turn up the volume, what would you

21 do? Not a sound engineer. You. If you

22 wanted to turn up the volume, what would you


1 do?

2 MS. BEYENE: I go to the DJ booth.


4 MS. BEYENE: And I tell them -- if

5 they're using a computer, a laptop, I tell

6 them that to lower the volume from the laptop.

7 Because some DJs, they come with a laptop. So

8 that laptop, it's hard to control the volume.

9 That's not a part of the sound system of the

10 establishment.


12 Mr. Shakoor -- I'm a little confused. So when

13 Mr. Shakoor did this -- after Mr. Shakoor was

14 there doing his sound check, all right --

15 MS. BEYENE: Yes.


17 there's a volume level on the sound board, or

18 for the DJ stand, right?

19 MS. BEYENE: When it comes to --

20 INTERIM CHAIRMAN ALBERTI: Is

21 there a volume level by the -- this volume

22 level that you -- knob that you spoke of,


1 where is that?

2 MS. BEYENE: The main controller

3 is in a closet.


5 main controller? And that's where there's a

6 main volume level?

7 MS. BEYENE: Yes.


9 MS. BEYENE: Yes.

10 INTERIM CHAIRMAN ALBERTI: So was

11 that set during the sound check that --

12 MS. BEYENE: Yes.

13 INTERIM CHAIRMAN ALBERTI: -- Mr.

14 Shakoor was involved in?

15 MS. BEYENE: Yes.


17 And do you remember where that was when Mr.

18 Shakoor came that evening?

19 MS. BEYENE: Was always been in a

20 closet.

21 INTERIM CHAIRMAN ALBERTI: No, I

22 mean what was it set at? Do you remember the


1 level it was set at?

2 MS. BEYENE: Oh, the level?


4 MS. BEYENE: The level is the way

5 we adjusted prior to that --


7 understand.

8 MS. BEYENE: -- when Mr. Rishi --

9 INTERIM CHAIRMAN ALBERTI: Do you

10 know the level that it was set at before the

11 sound check was done with Mr. Shakoor?

12 MS. BEYENE: It was the level the

13 way we set it that -- me, myself, Mr. Rishi

14 and the sound engineer prior to that.


16 And was that level higher or lower than it was

17 after Mr. Shakoor's -- immediately after Mr.

18 Shakoor's visit?

19 MS. BEYENE: If I'm -- I believe

20 we lower it more.

21 INTERIM CHAIRMAN ALBERTI: You

22 lowered it more?


1 MS. BEYENE: Yes.

2 INTERIM CHAIRMAN ALBERTI: During

3 the -- from the 1st of April to the time that

4 Mr. Shakoor showed up on May 15th had you ever

5 touched that volume level?

6 MS. BEYENE: Twice when we did a

7 sound check with the neighbors.

8 INTERIM CHAIRMAN ALBERTI: Ah, no,

9 from April. You didn't mention any sound

10 checks after April.

11 MS. BEYENE: Oh, no. No.

12 INTERIM CHAIRMAN ALBERTI: So you

13 never touched it?

14 MS. BEYENE: No. I'm the one who

15 has a key.


17 MS. BEYENE: I never touched it.


19 you're saying -- so, if I'm understanding you

20 right, the only difference is --

21 MS. BEYENE: Yes.

22 INTERIM CHAIRMAN ALBERTI: -- the


1 only thing that could affect the sound

2 differences --

3 MS. BEYENE: Yes.

4 INTERIM CHAIRMAN ALBERTI: -- from

5 the time you did those sound checks --

6 MS. BEYENE: Yes.

7 INTERIM CHAIRMAN ALBERTI: -- all

8 right -- because you're telling me you -- did

9 you change anything on the sound board after

10 you did those sound checks with the -- the

11 February sound check with the neighbors? Did

12 you adjust anything on the sound board?

13 MS. BEYENE: We adjusted twice.

14 INTERIM CHAIRMAN ALBERTI: With

15 the neighbors?

16 MS. BEYENE: With the neighbors.

17 INTERIM CHAIRMAN ALBERTI: During

18 a sound check?

19 MS. BEYENE: Yes.

20 INTERIM CHAIRMAN ALBERTI: Then

21 after that did you adjust anything on the

22 sound board before Mr. Shakoor's visit?


1 MS. BEYENE: No. No.

2 INTERIM CHAIRMAN ALBERTI: And you

3 didn't adjust the sound level, is that -- or

4 did you adjust the sound level?

5 MS. BEYENE: No.

6 INTERIM CHAIRMAN ALBERTI: No?

7 MS. BEYENE: No.


9 right. So you're telling me that the only

10 thing that could happen is that it's the

11 volume controlled by the DJ's computer?

12 MS. BEYENE: Yes.


14 that's how that works. There's a little

15 volume controller on the computer and it's the

16 input and you raise the volume level of the

17 input --

18 MS. BEYENE: That's the only way.

19 INTERIM CHAIRMAN ALBERTI: -- and

20 it raises the volume that comes out of the

21 system.

22 MS. BEYENE: Yes.



2 that -- you're saying -- telling me that's

3 where the issue is?

4 MS. BEYENE: Yes.


6 Do you to anything to test that volume when

7 the DJ comes in to plug in?

8 MS. BEYENE: That's the issue with

9 every DJ who walks in.


11 understand.

12 MS. BEYENE: That's the first

13 thing I do is explain the issue with the

14 neighbors. The sound system, the sound volume

15 cannot go higher. Every single DJ.

16 INTERIM CHAIRMAN ALBERTI: Higher

17 than what?

18 MS. BEYENE: Higher than what it

19 is. So they make -- I make sure --


21 wait, wait. It's being -- how do you measure

22 the level of the sound? I mean, if it's


1 dependent on the DJ's computer, you're telling

2 me you haven't touched anything on that sound

3 board. You haven't changed the sound level of

4 your system, all right?

5 MS. BEYENE: Yes.

6 INTERIM CHAIRMAN ALBERTI: So I

7 have to conclude -- based on your testimony --


9 INTERIM CHAIRMAN ALBERTI: -- I

10 have to conclude that the only way to affect

11 the volume in the club is from the DJ's

12 computer. Are you with me?



15 right. So a DJ comes in and plugs in. How do

16 you measure the sound that's emanating from

17 your system?

18 MS. BEYENE: Because we already

19 have limited. We already have limited, so

20 they have to stay with that.

21 INTERIM CHAIRMAN ALBERTI: How's

22 -- it's not limited because the DJ can turn up


1 his volume max, or he can put it on half

2 volume.

3 MS. BEYENE: With his -- with

4 their laptop. They can't do anything with the

5 sound system.

6 INTERIM CHAIRMAN ALBERTI: I know

7 that's not changing, but we've just confirmed

8 that the sound coming out of your system can

9 be affected by the computer that's plugged

10 into it.

11 MS. BEYENE: It happened.


13 MS. BEYENE: I'm sure.

14 INTERIM CHAIRMAN ALBERTI: So I'm

15 asking you how do you measure the sound? Once

16 a new -- a different -- each time a computer

17 is plugged in, how do you measure the sound?

18 MS. BEYENE: One of the -- one,

19 the sound engineer --

20 INTERIM CHAIRMAN ALBERTI: No, how

21 do you measure the sound --

22 MS. BEYENE: The sound --



2 because the sound engineer's not there every

3 time.

4 MS. BEYENE: No, he is.

5 INTERIM CHAIRMAN ALBERTI: How do

6 you measure --

7 MS. BEYENE: He's there every

8 time.

9 INTERIM CHAIRMAN ALBERTI: He's

10 there every day?

11 MS. BEYENE: Yes.

12 INTERIM CHAIRMAN ALBERTI: Every

13 time you open up?

14 MS. BEYENE: Every time I open,

15 he's there. He's --

16 INTERIM CHAIRMAN ALBERTI: There's

17 a sound engineer? And how does he measure?

18 MS. BEYENE: He's a sound

19 engineer. He also a DJ.

20 INTERIM CHAIRMAN ALBERTI: How

21 does he measure the sound?

22 MS. BEYENE: I'm not sure how he


1 measures the sound, but he knows exactly how

2 the sound system is set. It has to stay there

3 all times.


5 I have no further questions.

6 Mr. Jones?


8 Chairman. How are you defining a sound

9 engineer?

10 MS. BEYENE: He's someone who is

11 familiar to the sound system since from the

12 previous owner.

13 MEMBER JONES: What qualifies him

14 as an engineer?

15 MS. BEYENE: He knows the sound

16 better than I do and he works for a radio

17 station, 93.9, as a sound engineer.

18 MEMBER JONES: Does he have a

19 degree?

20 MS. BEYENE: I'm not sure --

21 MEMBER JONES: Does he have any

22 certifications?


1 MS. BEYENE: -- what kind of

2 degree he has.

3 MEMBER JONES: Does he have any

4 certifications?

5 MS. BEYENE: What I know is he

6 works for a radio station as a sound engineer.

7 MEMBER JONES: Okay. I guess I'm

8 having some trouble, because when you

9 originally said "sound engineer," I gave it a

10 little bit more credence than I think I'm

11 giving it now in terms of what my

12 understanding of a sound engineer is and what

13 your understanding of a sound engineer is.

14 And so, did your sound engineer

15 conduct a sound analysis? Did he conduct a

16 study? And if so, did he provide you with the

17 output of said study?

18 MS. BEYENE: A study in what?

19 MEMBER JONES: A study indicating

20 what the impact of your source, your sound

21 source is on the environment surrounding your

22 establishment.


1 MS. BEYENE: Yes, those are the

2 sound test we've done with him.

3 MEMBER JONES: So he's provided

4 you a study?

5 MS. BEYENE: Yes.

6 MEMBER JONES: He has?

7 MS. BEYENE: Yes, I have --

8 MEMBER JONES: You have the study

9 here?

10 MS. BEYENE: Yes. Yes, I do.

11 MEMBER JONES: Okay. What did the

12 study -- since it hasn't been submitted in any

13 way, we haven't had a chance to review it, so

14 I'm asking you tell me what the sound study

15 said.

16 MS. BEYENE: Pretty much what he

17 -- one of the --

18 MEMBER JONES: Do you have it in

19 front of you?

20 MS. BEYENE: No.

21 MEMBER JONES: Oh, you don't?

22 Okay.


1 MS. BEYENE: I can look for it.

2 One of them, when we did the sound test with

3 the neighbors he adjusted the bass in the

4 sound the way it works for both party, for the

5 establishment and for the neighbors.

6 MEMBER JONES: So how did he

7 measure it for the neighbors?

8 MS. BEYENE: The same thing Mr.

9 Shakoor did, by going back and forth with text

10 message with the owners of the condominium

11 next door.

12 MEMBER JONES: So he didn't

13 actually take measurements? He didn't take

14 readings? He didn't have a decibel meter

15 where he actually measured what the produced

16 sound was inside of the residents'

17 establishment or place of domicile?

18 MS. BEYENE: I think --

19 MEMBER JONES: It was more of a

20 relative, kind of a touchy-feel as opposed to

21 a raw study? because do you have a --

22 MS. BEYENE: Actually --


1 MEMBER JONES: Are you saying you

2 have a report that says this is what the

3 decibel levels were heard when it was set at

4 this level in the establishment at this

5 volume, that these are the decibels that were

6 heard inside of the residents' establishment?

7 MS. BEYENE: No.


9 Thank you, Mr. Chairman.


11 you. Mr. Woodson, any redirect based on the

12 Board's questions?

13 MR. WOODSON: I will let the

14 testimony stand.


16 you. Ms. Phillips, any recross?

17 MS. PHILLIPS: On this point, I

18 concur with Mr. Woodson. No recross on behalf

19 of the District.


21 you. Well, Ms. Beyene --

22 MS. BEYENE: Yes?


1 INTERIM CHAIRMAN ALBERTI: -- you

2 may step down.

3 MS. BEYENE: Thank you.


5 you. Okay. I think we're -- Mr. Woodson, any

6 further witnesses?

7 MS. GORDON: No, sir.


9 sorry. Ms. Gordon, I'm sorry. I apologize.

10 Okay. So I think we'll move to

11 closing arguments. Ms. Phillips?


13 Chair. I'll try to be brief.

14 The evidence is -- the testimony

15 and document evidence is replete with

16 discussions of complaints both prior to the

17 first written notice and after the first

18 written notice, after the notice -- after the

19 time to cure and that there were continued

20 noise violations that were also reported back

21 after the time to cure.

22 The only -- we have testimony from


1 two witnesses that they were only going to

2 complain about noise that was what I would

3 call unreasonable, and to describe it as they

4 did, noise that exceeded a conversational

5 level, which I think all three testified to,

6 including Mr. Shakoor, noise from the

7 establishment that exceeded a television set

8 set at an acceptable level.

9 So the violation technically

10 occurred 30 days after the notice and there is

11 both testimony and documentary evidence that

12 there were still problems after the 30 days to

13 cure ran. That is a violation of the

14 voluntary agreement without any intervention

15 from ABRA. Then there was an additional visit

16 by ABRA where the investigator testified that

17 he documented noise in the condominiums and

18 asked them to turn it down. And then there

19 was an additional test where he documented

20 levels and then set them. The violation

21 occurred when they did not cure. There's

22 ample evidence to that effect.


1 But if we were looking strictly at

2 the voluntary agreement, whether anyone likes

3 it or not, it says, "Should any sound, noise

4 or music be heard in any residential premises,

5 Applicant will take immediate remedial

6 action."

7 The Complainant's did not ask to

8 have all noise -- because that's what "any

9 noise" means to me. There may be a different

10 interpretation, and you can interpret it

11 however you choose, because you're the finder

12 of fact. They asked for the reasonable levels

13 described. There was a definite violation

14 that occurred 30 days after March 9th, and

15 they have violated the voluntary agreement in

16 other ways.

17 And therefore, the District moves

18 that you find in favor of the District and

19 uphold the charge and consider a five of $500,

20 which is the statutory requirement maximum for

21 the first violation. Therefore, I can ask for

22 no greater fine, according to the statute.


1 And consider closing them, having a suspension

2 and a served suspension for two days on a

3 Friday or Saturday, if not more days, but

4 that's the discretion of the Board.



7 Mr. Woodson?

8 MR. WOODSON: Yes. The

9 Government's case is hinged on language in

10 Section 6 and Section 11 of the voluntary

11 agreement, a fact which the Government just

12 invited my attention to the details of the

13 language. And the details of the language

14 around Section 6 is "any audible sound" for

15 which the Complainants can issue a request to

16 the ABC Board for the issuance of a notice of

17 violation.

18 I'm also invited -- invite the

19 Board's attention to Section 16, which speaks

20 of notice and enforcement. And it says --

21 after the parenthetical about halfway down,

22 which begins "30 such days," it says "a


1 material violation of this agreement which has

2 not bee cured." Not any violation, but a

3 material violation.

4 There's a reason for a distinction

5 in language like that, because any statement

6 in a legal document with a command that has no

7 option and for which there is no leeway

8 suffers from the problem of impossibility.

9 It's not possible in any set of circumstances

10 to be -- to say there will be none at any time

11 under any circumstances. It doesn't matter

12 what the prescription is. That's why legal

13 documents contain language around materiality

14 when there's a claim of violation. Every

15 violation is not material and it is material

16 violations which rise to the level of sanction

17 from the Board.

18 Now, I would -- that's one. I

19 would also submit to the Board that the sum of

20 the testimony reveals clearly that the parties

21 complained, the establishment responds. That

22 was the sole purpose of the testimony from the


1 owner of Mood Lounge, was to show the Board

2 through her direct testimony and in responses

3 to your questions that she took action from

4 the beginning to try to bring resolution to

5 this.

6 So the other material -- the other

7 significant aspect of the voluntary agreement

8 has in fact been addressed, and that is the

9 willingness of Mood Lounge, the owner of the

10 establishment, to take steps to resolve the

11 circumstances, to resolve the complaints.

12 That has been done. That has been done.

13 The question to be asked today is

14 whether any violation, whether any departure

15 from the prescription of Section 6 is

16 sufficient to be a material breach. We submit

17 that it is not, that the -- again, that the

18 testimony has revealed that there has been and

19 continues to be a genuine substantial effort

20 on the part of Mood Lounge to satisfy the

21 unreadinesses of the Complainants.

22 May I also add that it's an


1 inherent circumstance in our fair city that

2 these types of irritations between residents

3 and establishments take place throughout the

4 District, and they take place because of the

5 compact nature of our living environment. I

6 observe that this circumstance with Mood

7 Lounge and its predecessor, which was a CT

8 license in operation before, took place and

9 operated in an adjacent property to the

10 condominium owners. There's not going to be

11 a circumstance -- I submit to you there will

12 never be a circumstance where all will be

13 completely satisfied as long as both

14 businesses survive.

15 If the businesses continue, there

16 will be irritations between them. The

17 objective of the -- the true objective of

18 language like this is to encourage the parties

19 to reach accommodation with one another, and

20 that happens when one party registers an

21 unreadiness, the other party responds. That

22 has happened.


1 And we submit that there has been

2 compliance with the terms of the voluntary

3 agreement, that the issues before us today do

4 not rise to the level of a material breach and

5 we request that the Board dismiss the

6 proceeding.


8 you, Mr. Woodson.

9 If there are no objections, I will

10 close the record at this time.

11 MS. PHILLIPS: No objection from

12 the District.

13 MR. WOODSON: No objection.


15 Are the parties going to waive findings of

16 fact and conclusions of law?

17 MS. PHILLIPS: The District will

18 indeed.

19 MR. WOODSON: Yes, we will.


21 you. I think everything except actually

22 closing this hearing -- I think we've


1 concluded, if there's no other matters to be

2 dealt with.

3 MR. WOODSON: May I ask one

4 question, Mr. Alberti?

5 INTERIM CHAIRMAN ALBERTI: Sure.

6 MR. WOODSON: Is it the intent of

7 the Board to issue its decision tonight, or

8 does the Board wish to deliberate and notify

9 the parties at a future time?

10 INTERIM CHAIRMAN ALBERTI: We will

11 be notifying you at a future time.


13 INTERIM CHAIRMAN ALBERTI: And in

14 my closing statement I will give you a time

15 frame.

16 MR. WOODSON: That's fine. Thank

17 you.

18 INTERIM CHAIRMAN ALBERTI: As

19 Interim Chairperson of the Alcoholic Beverage

20 Control Board for the District of Columbia and

21 in accordance with Section 405 of the Open

22 Meetings Amendment Act of 2010, I move that


1 the ABC Board hold a closed meeting for the

2 purpose of deliberating upon Case No. 11-CMP-

3 00175 for the reasons cited in Section

4 405(b)(13) of the Open Meetings Amendment Act

5 of 2010.

6 Do I have a second?

7 MEMBER NOPHLIN: Second.


9 you, Mr. Nophlin. How say you, Mr. Nophlin?



12 Brooks?



15 Jones?

16 MEMBER JONES: I agree.


18 agree. That's four in favor; none opposed.

19 As it appears that the motion has

20 passed, I hereby give notice that the ABC

21 Board will hold a closed meeting in the ABC

22 Board room today pursuant to the Open Meetings


1 Amendment Act of 2010 and issue an order

2 within 90 days.

3 MR. WOODSON: Thank you, Mr.

4 Alberti.


6 you. I thank everyone for coming.


8 (Whereupon, the hearing was

9 concluded at 6:43 p.m.)

10

11

12

13

14

15

16

17

18

19

20

21

22



AABC 16:20 146:20

147:17,19 207:16213:1,20,21

ABC's 142:19Abeba 2:8 4:10,13

4:13 149:9 150:1Abebabeyene 4:19ability 66:10 68:15able 36:1,5,6 47:9

56:20 62:17 71:1575:2 106:1 110:20112:12 114:4120:2 150:5153:19 162:15

ABRA 1:22 7:68:10,19 11:20,2112:11 18:8 24:1525:10,19 26:2,926:15 28:20 39:1239:14 42:13,1754:3 56:11,17,1960:11 62:17 63:1566:18 67:5 68:181:9 102:4,9107:9 151:3,20152:8,22 205:15205:16

ABRA's 2:15 60:1361:5 68:3,11171:8

Absolutely 41:486:11 132:13138:13 162:18170:4 173:5

abutting 34:6AC 173:15,16accept 41:13 93:3

123:5acceptable 27:1

36:10,12 74:690:17 91:2,8127:1 128:6129:17 130:15143:15 146:2154:6 205:8

access 112:7

119:14 151:7157:3 174:21

accommodation210:19

accomplishing168:1

account 128:2accurately 156:10achieved 119:5

167:20act 11:21 146:19

147:2,21 212:22213:4 214:1

action 9:7 17:1153:18 145:14206:6 209:3

actions 8:1,7 9:667:22

activities 11:3,5,834:21 143:10160:8,10 171:8

activity 11:10 61:680:16 128:8

actual 26:7 27:1751:12 52:18 65:2114:14 115:7

Adams 153:14add 83:21 85:2

209:22added 78:14 95:6additional 12:3

16:6 18:15 67:19100:20 107:5133:11,17 145:2146:9 167:1205:15,19

Additionally 14:217:20 118:12

address 9:4 67:370:22

addressed 7:1209:8

addresses 78:7109:1

adequately 68:16adhere 139:19adjacent 8:3 17:6

21:13 106:21210:9

adjust 117:15153:19 188:2193:12,21 194:3,4

adjusted 26:2235:8 191:5 193:13202:3

adjusting 26:19186:18

adjustment 117:19117:21 131:15154:14

administrative39:19 81:22

admission 36:1592:13 122:20

admit 38:12admitted 39:1 40:8

92:15 100:4,4,12122:22

admitting 40:2admonition 135:22

136:2,15advice 146:14,22advised 117:13

118:4aerial 2:22 34:17affect 193:1 196:10affiliated 150:12affiliation 150:15affirm 9:22 46:12

101:17 149:13afford 180:21afternoon 3:12,15

3:17,19 7:1326:14

age 123:16agent 16:1 67:13agents 18:21ago 84:15agree 20:15 147:7

147:10,13,15148:22 149:3,5157:19 213:10,13213:16,18

agreeable 128:17

agreed 7:20 8:18117:18 122:8153:21

agreement 1:116:21 7:4,18,19 8:89:10 11:18 12:713:1,4,16,1815:20 16:19,2217:13,19 19:822:10 53:13,2054:14 55:13 56:956:18 57:7,1758:9 59:4,9,2263:19 64:20 79:1682:14 86:15 98:1198:14 105:20106:9,17 107:6108:4 109:3,17110:1,6,16,22113:1,6 114:6141:22 142:1143:13,21 144:10144:14,19,20145:10 146:3157:10 158:5,12158:13,16 162:11162:13,17,22163:1,7,12 164:3164:7,10,11,12,21165:11,18 166:15167:3 169:4 171:1205:14 206:2,15207:11 208:1209:7 211:3

agreements 143:1Ah 192:8ahead 133:9Alberti 1:17,18 3:3

3:14,18 4:6,11,144:18,21 5:3,10,155:18 6:2,7,9,147:10,14 9:15,2010:5,10,13,16,1911:15 12:12,13,1612:21 13:6,1115:4,7 16:12 18:119:2,14,18,21

20:5,11,14,18,2222:20 23:2,836:19 37:7,11,1638:16,19 39:2,539:10,15,18,2240:6,11,14,2241:6,10,18 42:1,542:11,16,19 43:443:8,15,16,1944:3 45:6,12,1645:19 46:2,5,8,1747:3,7,12 51:3,2252:4,7,19 53:1055:1,4,16,2157:10,18 58:1,1158:19 59:5,11,1459:20 60:8,2061:12 62:7,11,1462:19 63:4 64:5,964:13 65:5,10,1165:21 66:2,967:18 68:18 69:2070:4,8,11,1971:11 72:8,12,1973:1,4 74:2275:13 76:4,1080:9 81:18 82:883:11 84:4 88:2289:1,10,13,1990:2,6 92:16,1892:20 93:2,8,1193:17 94:18 95:395:9 96:3,11,1596:20 97:2,8,1397:17,22 99:17,21100:7,11,15,18101:2,7,13,21123:1,4,8 126:6129:12,21 130:6130:11 131:3,6,19131:22 132:5,11132:14,17,22133:5,8 134:10,15134:20 135:1,5,9135:13,17 136:4136:11,18,21137:8,13,17 138:3


138:11,15,20139:13,18,21140:6,11,21 141:2141:9,12,17 144:4146:11 147:5,8,11147:14 148:3149:1,4,10,17150:7 157:7,22158:6,18 159:2176:22 179:17183:3,7,12,15,19183:22 184:6,9,13184:17,20 185:1,4185:7,11,18,21186:2,4,9,14,22187:4,7,12,16,20188:1,7,15,19189:3,11,16,20190:4,8,10,13,16190:21 191:3,6,9191:15,21 192:2,8192:12,16,18,22193:4,7,14,17,20194:2,6,8,13,19195:1,5,10,16,20196:6,9,14,21197:6,12,14,20198:1,5,9,12,16198:20 199:4203:10,15,20204:1,4,8 207:5211:7,14,20 212:4212:5,10,13,18213:8,11,14,17214:4,5

Alcoholic 1:2,14,15146:17 212:19

allegation 148:7,14148:17

alleged 7:17 64:770:21

alley 31:3,19,2137:5 48:14

Alley/Naylor 23:1644:16

allow 19:10 56:361:13,15 62:1

65:12 66:5 97:14118:14 138:17,22140:15 148:17

allowable 75:16allowance 63:22allowed 56:11,17

82:18 122:15135:21 137:21,21138:10,14,19160:7

allows 86:15ameliorate 16:5Amendment

146:19 147:2,20212:22 213:4214:1

amicable 142:4amount 129:17amounts 137:6amp 167:9ample 205:22amplification

125:4amplified 163:16amps 170:12analysis 200:15ANC 1:10 23:16

44:14,15 139:7141:1 142:3,22

ANCs 44:7 181:10answer 23:5 42:9

43:17 95:21 96:1096:17

answering 69:16answers 47:5anybody 26:7

69:10anymore 124:13apartment 111:17apologize 135:14

165:20 204:9apparently 90:18appears 147:16

156:9 213:19Applicant 7:22 8:6

8:8,11,13,1715:21 16:22 17:4

17:10 18:9 106:19107:17 108:11,12108:16 145:13206:5

applicants 142:21application 138:1applied 61:21applies 58:13apply 57:20appreciate 39:22

141:4approach 46:11

101:14 149:11approached 23:17

44:18approximately

92:7April 62:16 63:2,15

63:21 64:2,2165:1 67:7,8 82:1784:14,20 102:20104:22 107:22187:6,7 192:3,9192:10

architect 182:21architecture

182:21area 34:21 115:13

127:2 161:13areas 17:8 107:1argument 62:9arguments 204:11arises 61:4arose 65:4arrived 126:22

151:7art 28:12,15 35:1asked 4:4 35:19

52:2 76:6 96:7,7100:3 132:19133:6 151:12,14151:17 152:2160:19 205:18206:12 209:13

asking 22:9 38:2252:8 66:13 76:1180:4 155:19

197:15 201:14asks 20:9 95:19aspect 209:7assessment 33:12Assistant 3:11associated 11:3

50:21 61:2association 22:7

23:17 44:16 67:17assume 31:9 38:4

41:1 113:9 119:11159:15 164:10

assumed 164:16175:20

assuming 80:19164:17

attach 109:3attached 14:13

38:10 40:18 77:1378:20 103:9109:13 115:6116:2 121:18

attachment 2:10,122:13,14 22:3 24:724:7 33:10 36:1836:18 38:12,14155:17

attempt 23:12attempts 53:6attendance 26:7attending 139:6attention 16:1

18:20 92:21123:12 135:19136:9 207:12,19

Attorney 3:11 8:2010:21 41:12

audible 8:3 90:1790:22 99:20110:17 112:10,10112:11 118:9130:19,21 132:16153:5 207:14

audience 136:13audio 136:12 137:1augmented 120:3avail 67:4

available 109:1139:14

await 20:9aware 65:7,17,22

66:4 126:2 160:2162:16

awkward 23:4,647:8

A-B-E 150:1A-N-I-L-O-V-I-...

21:7A-1 92:13A-3 76:22 92:14a.m 111:11 177:15

BB 2:14,14 24:7,7,9

36:18 40:16,19,19103:8 104:3116:18 117:8120:16,18 122:21154:21 155:16,18

back 2:18 31:1880:3 81:4 82:589:15,22 90:2091:1 98:4,7,8,8,16122:10 126:17128:22 129:1,20142:8 143:16147:22 148:4153:16,18 161:19202:9 204:20

bad 86:4,5balance 118:19balcony 49:16,18

49:22 50:1,4131:9 168:13

band 29:8 35:1Bar 109:19based 9:5 45:8,13

112:13 132:18133:5,10 148:7167:2 169:3 170:1196:7 203:11

basically 79:11155:8 163:6

bass 8:14 91:15


112:17,19 113:9113:12 129:18130:18 163:18,21163:22 167:8178:21 202:3

basses 183:17bear 12:17bedroom 87:13,14

87:21 112:20bee 208:2beg 89:1began 104:21 105:3beginning 18:4,12

40:1 48:7 60:1678:11 92:10135:22 141:12178:13 186:19209:4

begins 207:22behalf 38:11 48:4,6

53:15 77:14 85:14101:11 203:18

believe 19:8 23:523:22 38:10 42:1246:1 47:14 49:651:9 56:6 57:462:4 69:16 71:371:20 73:13 75:1678:18 81:6 88:1496:16 100:8102:19 106:18107:14,22 109:5,7111:6 112:15,17112:18 113:6,19114:16,19 117:5119:18 129:20,20139:15 152:2,4,7152:14 186:6191:19

believes 53:15bench 136:15benchmark 142:20best 20:12 79:22

156:14better 18:21 101:6

122:2 199:16Beverage 1:2,14,15

146:17 212:19Beyene 2:8 4:10,10

4:13,13,15,16,174:19,20 110:19114:2 149:9,12,16150:1,1,8,10,13150:16,20 151:1,5151:9,12,18 152:1152:14,20 153:5153:11 154:3,8,19155:1,8,13,15,21156:1,3,6,12,16156:19,22 157:4157:12,16 159:10159:13,18,20,22160:5,9,12,16161:1,9,15 162:5162:10,14,18,20163:3,6,14,17,21164:1,6,13,15,18165:6,13,16 166:3166:7,10,17,19,22167:4,7 168:6,10168:15,19 169:5,8169:12 170:2,4,8170:14 171:9,14171:18,22 172:3172:10,14,17173:5,7,11,14,20174:1,6,10,13,18174:22 175:4,6,10175:14,17 176:1,4176:7,9,13,16,19177:4,7,10,13,16177:20 178:1,4,7178:9,11,15,18,22179:2,7,10,13180:1,4,8,13,17180:21 181:2,8,13181:18 182:11,14182:19 183:4,6,9183:14,18,21184:3,7,11,16,19184:22 185:3,6,10185:14,20 186:1,3186:6,12,17 187:2187:6,10,15,19,22

188:3,11,18 189:2189:4,15,19 190:2190:7,9,12,15,19191:2,4,8,12,19192:1,6,11,14,17192:21 193:3,6,13193:16,19 194:1,5194:7,12,18,22195:4,8,12,18196:5,8,13,18197:3,11,13,18,22198:4,7,11,14,18198:22 199:10,15199:20 200:1,5,18201:1,5,7,10,16201:20 202:1,8,18202:22 203:7,21203:22 204:3

beyond 11:8 12:216:9 18:17 74:776:2 81:6,9 92:22142:17

biggest 112:17131:18

Bishop 28:14 29:1631:7 34:22

bit 17:17 91:15153:8 200:10

Blagden 23:1644:15

board 1:2,15 3:123:21 7:8,14 9:6,1111:10 13:22 14:515:12 16:2,2017:18 39:19 41:1943:22 47:8 54:1959:10 60:2 67:1668:3 69:10,1393:12 99:19,22119:10 120:4126:7 132:21136:1 137:4,5138:4,21 143:11143:22 144:2146:9,17,20147:18,19 148:5150:8 159:4

184:15,18,21188:2,4 189:17193:9,12,22 196:3207:4,16 208:17208:19 209:1211:5 212:7,8,20213:1,21,22

Board's 18:20 40:340:12 45:13 61:17136:22 146:13203:12 207:19

body 16:4 54:3book 48:21 102:15

155:20booth 188:5 189:2bought 159:17

167:15bounced 78:19box 174:4,7,9breach 209:16

211:4breaks 134:19brick 30:1,16brief 12:1 14:5

26:12 54:7 56:1057:5 107:13 115:9117:2 204:13

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138:9 147:9,10149:2,3 177:1,2,5177:8,11,15,17,22178:2,6,8,10,12178:16,19 179:1,4179:9,11,14213:12,13

brought 7:5 16:162:20 68:3 71:571:10 82:6 158:2182:1

Bs 39:4build 159:14

building 1:15 21:1328:3,11,15 30:2,333:3 34:6,1377:15 169:14,16180:18 182:1,4,5182:15

buildings 2:17 28:833:15 34:9 115:13

burden 170:21171:11

business 44:19118:15 161:7166:2 182:9,10

businesses 34:20210:14,15

B-A 150:2B-E-Y-E-N-E

150:2

CC 2:15 37:19 79:9

85:14 86:19 92:1792:21 95:12 100:6

calendar 43:11144:16

call 3:4 5:19 6:49:18 45:22 68:2186:4 98:4,7101:10 149:8173:17 205:3

called 69:17 108:9calling 14:18 122:1CALVIN 1:20can't-hear-over-t...

86:17capacity 24:3 139:7card 44:19care 102:7 170:8case 1:9 3:4,4 7:3

8:6,11 9:7 16:1118:18 41:13 59:2169:3 70:16 78:14103:4 105:4108:12 141:13146:22 148:18158:13,16 207:9213:2


cases 68:22caught 101:6cause 1:8 3:5 5:4,6

7:16 8:22 9:1211:14 57:13141:20 143:7144:1

caused 57:13,15cell 108:22 118:6certain 57:2 84:10

90:16 102:8certainly 38:3

39:21 137:21145:17 158:15

certifications199:22 200:4

Chair 3:16,17 5:96:19 10:7 11:1819:22 20:17 41:1641:17 44:2 45:545:11 53:13,1993:6 129:11135:15 140:5144:8 150:4 183:2204:13

Chairman 3:3,143:18 4:4,6,11,144:18,21 5:3,10,155:18 6:2,7,9,147:10,14 9:15,2010:5,10,13,1611:15 12:13,16,2113:6,11 15:416:12 19:2,14,1820:5,11,14,18,2222:20 23:2,836:19,22 37:7,1137:14,16 38:16,1939:2,5,10,15,1840:6,11,14,2241:5,6,10,18 42:142:5,11,16,1943:4,8,16,19 44:345:6,12,16,1946:2,5,8,17 47:3,747:12 50:10 51:351:20,22 52:4,7

52:19 53:10 54:1155:1,4,16,2157:10,18 58:1,1158:19 59:5,11,1460:8,10,20 61:1262:7,11,14,1963:4 64:5,9,1365:5,11,21 66:2,968:18 69:20 70:470:8,11,19 71:1172:8,12,19 73:1,475:13 76:4,1081:18 82:8 83:1183:13 84:4 89:1089:13,19 90:2,692:16,18 93:2,893:11,17 94:1895:3,9 96:3,11,1596:20 97:2,8,1397:17,22 99:17,21100:7,11,15,18101:2,7,13,21123:1,4,8 126:6,9129:12,21 130:6130:11 131:3,6,19131:22 132:5,11132:14,17,22133:5,8 134:10,15134:20 135:1,5,9135:13,17 136:4136:11,18,21137:8,13,17 138:3138:11,15,20139:5,13,18,21140:6,11,21 141:2141:9,11,17 144:4146:11 147:5,8,11147:14 148:3149:1,4,10,17150:7 157:7 158:6158:18 159:2,7176:21,22 179:16179:17 183:3,7,12183:15,19,22184:6,9,13,17,20185:1,4,7,11,18185:21 186:2,4,9

186:14,22 187:4,7187:12,16,20188:1,7,15,19189:3,11,16,20190:4,8,10,13,16190:21 191:3,6,9191:15,21 192:2,8192:12,16,18,22193:4,7,14,17,20194:2,6,8,13,19195:1,5,10,16,20196:6,9,14,21197:6,12,14,20198:1,5,9,12,16198:20 199:4,8203:9,10,15,20204:1,4,8 207:5211:7,14,20 212:5212:10,13,18213:8,11,14,17214:5

Chairperson 1:171:18 146:16212:19

chamber 29:1chance 29:11 145:2

201:13change 94:22 95:5

123:14,18,18125:3,6 142:14173:2,3,3,5,8193:9

changed 94:20196:3

changes 114:14168:22 180:10

changing 197:7characterize

173:19characterized

73:20charge 6:19 9:11

206:19chargeable 144:19check 51:10 152:3

185:22 187:8,11187:13 189:14

190:11 191:11192:7 193:11,18

checked 122:10checks 192:10

193:5,10chief 46:9 141:13choose 51:2 206:11choosing 50:13churches 35:5circumstance

15:14 16:5 50:1254:14 75:7 89:494:2 143:12 210:1210:6,11,12

circumstances26:12 50:18,2151:1 80:15 82:598:20 142:20144:1 208:9,11209:11

circumvent 120:4cited 213:3city 74:4,4 210:1claim 208:14clarification 98:3

164:20clarify 97:16 98:8

125:19clarity 143:20Class 1:8 106:3clear 60:12 74:3

95:22 140:13165:21

cleared 37:8clearly 47:10

112:20 130:19,21142:10 208:20

close 31:18 211:10closed 35:21

100:14 146:21147:19 213:1,21

closely 79:19closet 119:14

154:13,14,15156:19 157:3173:9,13,14,15,19174:21 190:3,20

closing 2:3,4204:11 207:1211:22 212:14

club 159:15 181:9182:9 196:11

CMP-00175 3:5147:1

code 7:15 105:19106:5,6 110:13115:18 169:16,17

colleague 18:2color 30:10Columbia 1:1 3:12

45:22 66:17101:11 146:18212:20

come 26:3 33:1856:20 75:5 78:379:16 94:1 126:14135:18 136:8137:3 139:10142:4 180:6 181:4188:14 189:7

comes 165:16173:7 189:19194:20 195:7196:15

comfortable118:11,13

coming 92:10105:9 151:4 197:8214:6

command 208:6Commercial 106:4commissioner

139:7 141:4commonplace

73:12communicated

86:22 87:1,5communicating

89:21communication

89:15 99:10community 14:18

14:18 148:13165:2


compact 210:5comparison 130:13

130:16compelled 160:22

161:7 162:3,8166:16 167:2169:2

complain 205:2Complainant 72:22

86:9 107:18 108:6114:4

complainants 8:1913:15 17:16 56:856:17 57:6 58:2264:17 71:5,683:17 105:4,7106:2 107:8110:18,21 143:14207:15 209:21

Complainant's206:7

complained 179:22181:11 208:21

complaining 69:373:19

complaint 2:14 7:613:13 18:8 22:822:13 24:16 25:425:10,19 26:440:20 42:17,2043:2,3 53:16,1754:17 56:1,1757:9,11,16 60:3,460:6,11,15,17,1961:3,5,10 67:6,1069:13 81:8 94:1597:6 98:5 104:10104:14 105:19107:22 121:1151:13 160:18172:22 184:8

complaints 7:123:12 24:4 29:1229:15 51:17 52:1254:2,18 55:858:14,17,18 63:664:16 66:21 69:4

69:14 72:4,1780:7 86:16,1892:6 95:13,1596:2,9 102:11104:20 105:16108:18 122:11,16126:11,14 128:10169:10,13,19,21169:22 170:6,7177:18 178:14,17178:20 186:13204:16 209:11

complete 35:1391:12 122:14

completed 35:736:9

completely 118:15210:13

completing 126:12compliance 158:11

211:2compliant 9:9complied 7:5 13:16

64:20 108:3145:15,17

complies 82:14comply 13:17 56:9

57:16 108:6110:12 114:12

complying 58:9compound 75:7computer 124:17

189:5 194:11,15196:1,12 197:9,16

concern 61:17concerned 6:13

11:5 77:21 114:11165:9

concerns 6:20 8:9conclude 196:7,10concluded 212:1

214:9concludes 93:6

125:16 140:4,9conclusion 142:5conclusions 211:16concur 203:18

concurrence 127:5condo 27:4,7,7,11

27:19,20 32:533:3 34:6 48:449:16 69:8 87:1387:15 90:9,11,1791:9 182:11,12

condominium 2:192:20,21 21:1322:7 26:19 27:1730:1 32:2 33:2135:14 48:3,13,2249:9,9 50:7,851:14,18,18 52:1254:1 67:16 71:973:12 75:17,1977:15 79:17102:11 152:6,16153:16 202:10210:10

condominiums69:11 205:17

condos 77:15111:21

conduct 83:17102:10,18,21104:18 116:1117:19,21 143:1160:7,11 171:3200:15,15

conducted 12:1182:21 87:11116:10 122:1

conduit 16:8conference 147:19confines 71:8confirm 9:8 170:21

172:2confirmation 172:7

172:20confirmed 171:20

197:7confused 188:8

189:12conjunction 171:7connection 48:1

141:21

consider 146:14172:22 206:19207:1

considered 49:1269:6 148:4

considering 148:14considers 68:5 69:7construct 173:4contact 44:20

98:16 118:7contacted 102:9,18

107:8,8 110:19contacting 105:4contain 85:15

208:13contained 6:21

14:8 52:12 85:12145:4

contains 11:3contemporaneou...

84:9content 79:9contention 7:2context 14:1,5 54:9

59:8contiguous 48:13continue 20:20

65:7 66:11 84:6139:1,2 140:2141:6 145:22146:1,1 210:15

continued 54:20,21145:3 146:6204:19

continues 150:5209:19

contractor 182:20control 1:2,14,15

146:17 189:8212:20

controlled 194:11controller 188:12

190:2,5 194:15controversy 143:21conversation

130:22 131:2,4172:9

conversational205:4

conveyed 69:2270:1,12,13

coordinated 118:2copies 103:13copy 157:17corner 50:1corners 98:11

110:13 141:22correct 25:5,6

30:14 33:22 39:1242:14 48:19 57:2158:3,7 67:11 79:287:20 91:10 96:18103:6 104:17105:22 106:12107:11 108:1,6,13109:9,11,15 110:4110:9 111:6,15,19115:20 116:4,8119:7,21 122:3,18129:3,9 130:3131:5,8,21 133:15139:12 157:15158:9 159:9 185:9187:21

corrective 9:6correctly 128:19cost 182:3Council 21:19counsel 4:1 14:9

20:1 38:2 146:22count 65:2counted 144:16couple 59:3 73:18

139:11 177:2course 47:6 152:8

162:10court 2:18 21:4,11

23:16 29:22 35:244:16 47:15 49:18106:3 136:14137:22

courtyard 31:6covered 117:3create 11:9 15:11


54:14 81:3 84:10created 81:12credence 200:10criteria 58:12cross 45:13cross-examination

37:12 158:1CT 1:8 210:7cure 12:22 13:3,3

55:19,22 56:3,1461:19 62:16 63:363:20,22 65:166:10 67:6,21,2176:9 82:20 86:1595:18 98:5 107:7107:16 144:16,17145:2 157:15,21204:19,21 205:13205:21

cured 136:2 145:7208:2

curing 13:12145:15

current 140:7currently 185:13cut 167:13,14cutting 170:11C-O-N-T-E-N-T-S

2:1C-2-A 106:3

115:21

DD 1:6 2:17 3:6 21:6

27:13,16 28:536:16 49:21

dance 29:9Danilovics 2:6,19

2:21 10:4 21:5,621:10,15,18 22:522:14,19,21,2223:7,14,22 24:524:12,15,18,2125:1,6,11,14,1725:21 26:5,10,1327:5,9,15,20 28:728:14,19 29:4,14

29:19,21 30:7,1130:14,18,21 31:531:12,15,17 32:132:10,13,18,2033:6,13,17,2234:2,13,17 35:1035:15 36:11 41:2242:3,8,15,18,2243:7,10,18 44:944:14 45:18,18,2071:15 79:1 105:5118:4 127:8,16

date 25:8,12,1526:15 42:2,3 43:951:1,7 52:8 67:768:7,8,9 77:792:22 102:20103:19,21 104:5116:2 131:14183:10 187:3

dates 11:6,9 12:350:14,22 52:985:15 102:17

[email protected]:8

day 7:7 12:20 15:943:5 50:12 79:1493:14 122:9 132:8143:13 145:1169:13 186:17198:10

days 63:19,21 65:265:3 67:9 86:1392:8 107:17144:15 145:6146:5 152:3157:15,20 169:13169:19 175:9,14177:19 205:10,12206:14 207:2,3,22214:2

day-to-day 174:12175:2

DCRA 54:3deal 20:19 80:7

91:19dealing 48:5 54:6

54:10 58:15 63:8dealings 59:1deals 81:2dealt 107:6 212:2DECEMBER 1:13decibel 202:14

203:3decibels 203:5decide 20:10

153:15decision 138:21

212:7deck 32:14,17 33:2

33:5,7 34:3 49:13decreased 132:10deemed 142:11defend 68:16defining 199:8definite 206:13definitely 130:18degree 199:19

200:2deliberate 212:8deliberating 213:2delicate 118:19delivered 42:6,9demonstrates

82:16deny 148:6,19departure 209:14dependent 196:1descended 93:16describe 115:9

153:8,9 155:3,9205:3

described 123:16206:13

describes 81:21desire 20:6 78:3Despite 53:6details 207:12,13determination

112:13,22 115:17determine 56:7

106:1 107:2 108:2108:16 120:2

determined 110:11

device 115:16devices 124:17

125:3difference 162:2

192:20differences 193:2different 78:15

90:21 124:20127:19 197:16206:9

difficult 96:5direct 47:5 158:2,3

209:2direction 37:3directly 127:20disagrees 144:8disconnect 186:18disconnected 8:14

167:9,14disconnecting

170:12 183:16discretion 207:4discuss 17:20 50:17

50:21 51:1,1282:19

discussed 14:2136:16 50:18 85:1786:17 144:12179:19,21

discusses 11:8discussing 15:1

105:7discussion 15:16,17

16:7 44:8 54:2183:22 158:11

discussions 52:1673:12 120:1204:16

dismiss 9:11141:14,19 144:3211:5

disruptive 17:6106:21

distinction 208:4distract 8:21distracted 9:3District 1:1 3:11

7:3 12:2 17:338:12 40:19 45:2253:15 66:16 85:14101:11 144:8146:18 158:9,13158:22 203:19206:17,18 210:4211:12,17 212:20

disturbance 117:17disturbances 105:9disturbed 91:19disturbing 163:9DJ 29:6 120:7

121:12,13 134:3179:5,8,9,12188:5,6,9 189:2189:18 195:7,9,15196:15,22 198:19

DJs 119:15 123:17124:12 188:13189:7

DJ's 194:11 196:1196:11

document 10:2111:2,7 24:1479:10 80:10 81:1281:14,16,17 84:384:10 85:13 86:187:3,6 95:21204:15 208:6

documentary205:11

documentation13:7

documented 2:1586:18 205:17,19

documents 16:1679:14 83:3 208:13

doing 40:2 134:3152:18 189:14

domicile 202:17DONALD 1:19door 112:7 152:6

182:12,13 202:11doors 30:17 49:2,3

69:12 125:22dozens 80:1


draw 83:5dresser 74:11drew 123:12due 18:2,19D.C 1:16 7:15 9:14

47:21 105:19,22106:4,6 110:13115:12,18

EE 2:18 29:18 47:21earlier 32:4 51:11

148:9 166:9,12188:13

early 84:18east 37:4,6eastbound 2:18,21

29:22 32:22 34:434:7

effect 110:6 125:3126:3 205:22

effort 11:9,1315:11 80:19,2081:3 209:19

efforts 82:12128:16

either 14:8 95:298:19,20 99:9128:10 148:16165:1 172:8186:18

elaborate 44:11elicited 146:9eliminate 166:5

182:7email 2:10,12,13

44:21 66:17 77:477:13 78:6 85:1098:7 109:1 161:21172:8

emailed 44:21emails 178:1emanating 117:14

196:16employed 44:22

48:9employee 119:5

157:3employment

176:12,15encourage 210:18ends 82:21enforced 164:22

165:1enforcement 16:20

207:20engaged 57:3engaging 143:6engineer 152:5

153:1,14 170:16171:3 180:6,13185:16 188:21191:14 197:19198:17,19 199:9199:14,17 200:6,9200:12,13,14

engineer's 198:2enlarge 16:8ensure 8:1 17:5

106:20ensuring 168:22enter 80:14entering 79:17 81:1entertainment 35:4entirety 109:13entries 80:18 92:22entry 99:7environment

200:21 210:5equipment 184:1erase 136:16 139:3

139:22 140:3erased 140:18erroneous 170:1essentially 18:16

143:5establish 12:6,8

17:14,18 18:1654:5 57:5,8 59:1664:16,17 69:681:8 83:15,18,1983:19,20 90:15128:17

established 11:22

56:21 142:9establishes 145:21establishing 13:15establishment 8:2

8:16 11:13 13:1714:10 21:14 27:1828:17 29:13 30:2030:22 53:18 54:156:3,13,14 58:259:2 61:22 63:1865:17 72:3 73:379:6 83:18 85:1685:22 86:14 87:287:19 94:3 107:15108:3,13 109:19110:2 112:4 114:1114:14 115:2118:6,8,14 120:9124:19 126:18127:15 128:16,20145:22 153:21159:9,15 160:7175:3 181:21189:10 200:22202:5,17 203:4,6205:7 208:21209:10

establishments30:4 120:8 124:10210:3

establishment's85:18 125:1 129:6

estimate 182:3estimation 86:9etcetera 17:1 138:2

138:2evening 130:14

132:2 177:3,4190:18

event 15:9 16:2183:10 89:16

events 11:22 28:1728:21 52:15,1881:11

Everybody 122:8evidence 9:8 14:12

14:21 16:17 41:14

64:7 65:6 80:1481:1 82:3 93:395:22 123:5142:16 204:14,15205:11,22

evidentiary 50:20exact 26:15 127:4

183:9exactly 69:15 82:10

155:9 173:20174:1 187:2 199:1

example 99:3 119:2exceeded 73:11

205:4,7exchanging 154:9excuse 89:1 93:19exhibit 14:11 21:21

22:3 24:7,8,9,1427:13,16 28:529:18 36:16,17,1837:18,19 38:8,1038:12,14,17 39:139:8 40:7,15,1940:19,19 41:2042:12 43:12 48:2150:2 66:14,1585:14 86:19 92:1392:13,17,21 95:12103:7 109:3,8,8115:8,10 116:2,6116:6 120:15,16120:19 121:2,8154:21 155:16,18155:20,21 157:18

exhibits 2:9 10:814:15 38:1,6,1138:21 40:18 41:2100:3 102:16103:9 114:22115:6,8 122:21154:18

existence 78:5expand 18:14expectation 70:20

71:7,19expected 71:15expecting 36:4

experience 71:8112:14 124:10132:7

experienced 66:3129:22 132:12

explain 14:3155:11 160:17167:5 195:13

explained 110:20131:10

express 78:3expressing 67:1extend 135:2extended 135:14extinguish 146:4extraneous 50:18extreme 83:14E-L 102:6

FF 2:18 31:14face 23:3,4facing 49:18fact 18:10 19:5

60:15,22 61:167:1 72:17 76:298:13 206:12207:11 209:8211:16

faint 71:13fair 33:11 79:6,7

104:15 122:17154:5 157:11169:6 173:18210:1

fall 84:19familiar 156:5

157:9 184:14185:5,12,19199:11

family 48:2 50:767:13

far 6:13 81:6,9165:8

fashion 123:19fault 140:1favor 7:8 147:15


149:5 206:18213:18

favorable 85:18February 68:8

81:15 99:13184:12,14 186:7186:10,16 193:11

feel 91:14 138:4,6160:21 161:9,10161:21 162:3

feet 182:5,5felt 80:5fence 32:12fielded 72:2,3Fifteenth 160:14figure 79:21,22filed 2:15 60:3,11

61:11filing 60:4 67:5fill 25:18find 7:8 25:12

26:14 43:11 77:1118:12 155:19206:18

finder 206:11finding 27:14 68:2

68:4,10findings 103:3

211:15fine 4:7 43:17,20

43:20 101:8158:22 206:22212:16

fined 9:13finish 95:1,4firm 4:1first 2:10 9:18,21

22:12,14 28:1532:4,22 33:18,2038:9,15 41:2050:8 57:4,9,11,1657:20 59:17 61:2162:1,13,16 66:1667:9 72:6,7,1373:8 74:12,1578:17 79:5,1480:10,22 84:14

92:14 103:21107:21 109:4116:22 117:3,4,13149:9 152:17,21161:2,2 179:20184:7 186:20195:12 204:17,17206:21

five 6:16 38:10,21115:6 134:21135:4 170:18206:19

five-minute 135:6fix 63:17 92:1 98:6fixtures 73:22

74:10 113:17flip 154:20floor 28:2,3 32:4,5

32:7,15,21,2233:14,18,20 34:334:5,12 133:21134:1 186:20,21187:1,9

focus 131:18 158:2focused 18:21

131:12 165:20follow 151:20

165:18follow-up 133:3footprint 115:13foreground 28:12form 25:10,22

40:20 94:12159:16 176:12,15

forms 121:1forth 50:17 80:3

89:15,22 90:21128:22 129:2,20142:8 143:16153:18 161:19202:9

forum 75:16forward 3:8 75:6found 18:21 122:9

128:5 154:5four 77:14 98:11

110:12 141:22

147:15 152:3170:18 213:18

fourth 28:3 32:7frame 122:12 126:2

212:15framework 11:8Friday 175:10,12

175:18 177:13178:4 207:3

Fridays 177:6,8front 28:8,11,11

31:7 49:17 154:16201:19

fronts 2:17full 10:8 149:21further 8:15 34:7

36:13 41:16 43:2099:16 100:16105:13 123:6126:5 132:15134:8 157:6 199:5204:6

fuse 174:4,7,8future 41:2 212:9

212:11

GG 2:19 31:22 48:21gallery 28:13,15,21

35:1gap 33:15 34:8garage 30:17 49:3gate 30:19 31:2general 3:11 8:20

10:21 95:19generally 174:12General's 41:12generated 115:11gentleman 152:7

152:11 153:13161:17 182:1

gentlemen 153:16genuine 209:19George 2:6 21:5

105:5getting 45:2give 10:1 19:22

46:13 101:17147:17 187:4212:14 213:20

given 23:11 63:1995:20 107:16137:5

giving 200:11glitch 120:12 125:6go 12:2 54:2 119:15

126:17 133:8142:1 167:16174:15 189:2195:15

goal 167:21goes 17:22 18:6

125:15going 3:4 19:3,10

41:1 50:15 53:155:6,7 61:13,2263:10 65:12 66:573:5,8 75:6 76:282:11 89:3 94:11101:5 125:11138:4 141:12,15141:18 145:19146:13 148:17153:18 158:20165:5 181:6182:18,20 202:9205:1 210:10211:15

good 3:12,14,17,186:15 7:13 24:327:12 41:7 85:2286:5 177:3,4

Gordon 3:22 4:4,85:16,17,20 6:3,6,87:12,13 9:1610:14,15 45:13,1593:18 149:8,19,20150:3,11,14,18,21151:2,6,10,16,19152:10,17 153:3,7154:1,4,16,20155:2,6,10,22156:2,4,8,13,17156:21 157:2,5

204:7,9governed 106:9Government 2:2,3

2:9 50:16 60:1,381:7 83:15 134:17148:15,18 207:11

Governments21:19

Government's 53:654:12 81:3 123:13142:6 207:9

grace 56:15grant 151:7gray 30:2Great 4:22 150:3greater 206:22greatly 132:9guess 5:21 44:6,7

125:7 183:17,19200:7

G-E-O-R-G-E 21:6

HH 2:19 32:19 33:9

50:2half 27:1 197:1halfway 207:21hand 9:5,22 46:12

50:13 75:12 81:3101:15 149:12

handle 4:4happen 26:2 50:16

56:2 91:4 124:8138:22 161:2194:10

happened 9:115:17 26:12 60:1481:17 124:2142:17 144:22148:10 153:8,10173:4 197:11210:22

happening 69:280:12 89:15

happens 210:20happy 178:4hard 189:8


harder 21:6harmonious 127:1hear 8:5 12:20

26:21 35:8,12,1835:22 36:2,3,647:9,17 55:7 63:571:13,15 84:191:14 110:20112:18,20 129:5130:18 131:1135:22 150:6,9

heard 17:9 53:4,471:14 73:19 75:22107:2 114:5118:10 122:11128:3,4 130:13145:12 163:4165:22 168:4,5,14169:1,11 171:1203:3,6 206:4

hearing 1:8,15 3:55:4,6,11 9:4,1214:12 51:8 57:163:9 84:1,12131:13 136:10138:7,18 140:14211:22 214:8

hearings 23:16136:20 137:3

hears 47:16hearsay 75:15

81:21 82:1held 152:5 153:11Hello 3:15help 166:8,11helped 143:19helpful 98:9helps 171:14,15Henry 44:17HERMAN 1:19Hi 183:3higher 167:16

191:16 195:15,16195:18

highlighting 34:20Higoraney 93:9hinged 207:9

Hingoraney 2:6,102:16 45:22 46:1046:16,21,21 47:447:6,11,20 48:248:10,15,19 49:149:5,10,15 50:266:19,22 67:11,1573:14,16 74:11,1876:16 77:2,5,8,1277:17 78:9,12,1779:2,7,11 84:1385:1,4,7,19 86:2,686:11,20 87:4,987:12,16,20 88:288:5,9,13,1990:10,13,20 91:691:10,13 92:2,593:10,10 94:4,894:16 96:13 97:1097:11,15 98:1,298:22 99:5,11,14100:19 105:5112:3 118:3 127:8127:14 128:4130:15

Hingoraney's111:17 129:16130:2

history 14:9 68:22hold 28:16 146:20

147:18 213:1,21holds 35:3holidays 176:6Holland 4:1home 169:19Honestly 133:19Honor 37:14host 28:21hour 27:1 178:5hours 83:6 161:14

161:15 162:2,4How's 196:21humming 74:1HVAC 173:22

174:3H-I-N-G-O-R-A-...

46:22

Iidea 152:13 162:8identified 13:21

14:10,16,22 37:2140:21

identify 22:2 24:1343:2

immediate 17:1153:18 145:14151:7 206:5

immediately 21:13151:15,17 191:17

impact 129:5200:20

implication 71:1important 53:15

54:9 56:10 57:863:14,18 69:2170:3 76:2 148:10

importantly 8:17imposing 143:7impossibility 208:8impressions 69:1improper 51:2 53:9

54:22incidence 62:20incident 148:7incidents 9:1 19:6

63:6included 114:9

133:21includes 36:17including 205:6inclusion 39:8income 176:18incorrect 78:13

108:2indicate 118:9

160:3indicated 85:7,9

119:4 159:8indicates 157:13,20indicating 200:19individuals 127:2,4

128:11 138:17Indulge 60:10indulgence 4:3

10:20 54:12informally 23:18information 11:3

14:7 17:17,21informational

139:8inherent 210:1initial 130:5innocent 140:1input 194:16,17inside 2:19 29:5

32:21 71:8 75:19107:2 110:17,21112:20 118:4,5130:22 131:12168:11,15,17169:1,11 174:19202:16 203:6

inspection 116:1,11inspector 35:17

88:14install 167:12

170:15installation 183:4installed 8:13

114:19 115:1183:8

instance 63:1intend 12:2intended 164:21intends 11:7 19:9intent 139:9 168:1

168:22 212:6interaction 79:12

79:15 85:8,1091:4

interactions 2:1580:2 84:16,19

intercession 143:18interesting 148:11Interim 1:17,18 3:3

3:14,18 4:6,11,144:18,21 5:3,10,155:18 6:2,7,9,147:10 9:15,20 10:510:10,13,16 11:1512:13,16,21 13:6

13:11 15:4 16:1219:2,14,18 20:520:11,14,18,2222:20 23:2,836:19 37:7,11,1638:16,19 39:2,539:10,15,18 40:640:11,14,22 41:641:10,18 42:1,542:11,16,19 43:443:8,16,19 44:345:6,12,16,1946:2,5,8,17 47:3,747:12 51:3,2252:4,7,19 53:1055:1,4,16,2157:10,18 58:1,1158:19 59:5,11,1460:8,20 61:1262:7,11,14,1963:4 64:5,9,1365:5,11,21 66:2,968:18 69:20 70:470:8,11,19 71:1172:8,12,19 73:1,475:13 76:4,1081:18 82:8 83:1184:4 89:10,13,1990:2,6 92:16,1893:2,8,11,1794:18 95:3,9 96:396:11,15,20 97:297:8,13,17,2299:17,21 100:7,11100:15,18 101:2,7101:13,21 123:1,4123:8 126:6129:12,21 130:6130:11 131:3,6,19131:22 132:5,11132:14,17,22133:5,8 134:10,15134:20 135:1,5,9135:13,17 136:4136:11,18,21137:8,13,17 138:3138:11,15,20


139:13,18,21140:6,11,21 141:2141:9,17 144:4146:11,16 147:5,8147:11,14 148:3149:1,4,10,17150:7 157:7 158:6158:18 159:2176:22 179:17183:3,7,12,15,19183:22 184:6,9,13184:17,20 185:1,4185:7,11,18,21186:2,4,9,14,22187:4,7,12,16,20188:1,7,15,19189:3,11,16,20190:4,8,10,13,16190:21 191:3,6,9191:15,21 192:2,8192:12,16,18,22193:4,7,14,17,20194:2,6,8,13,19195:1,5,10,16,20196:6,9,14,21197:6,12,14,20198:1,5,9,12,16198:20 199:4203:10,15,20204:1,4,8 207:5211:7,14,20 212:5212:10,13,18,19213:8,11,14,17214:5

interpret 170:7206:10

interpretation54:13 164:5,6165:4,7 206:10

interrupt 53:12interruption 89:2intervention

205:14introduced 14:7,21introductions 3:8investigate 56:12

62:17 108:11

investigated 7:6investigation 18:8

60:13 68:2 102:10102:18,22 103:3104:9,19,22 105:2106:15 107:21117:2,3,10,12118:22 120:1122:6,14

investigative 2:102:14 14:8,14 15:915:13 16:1,3 18:318:5,6,13 19:124:9 38:9,15,1739:9 40:3,1743:14 50:14,1951:8 54:20 55:1057:14 61:5 66:1668:4,11 82:7103:16 109:4112:13 117:4,9120:17 142:19143:19 155:3

investigator 7:714:22 15:2 26:3,926:15 42:21,2243:5 56:19 89:2190:18 101:12,14101:16,20 102:4,5102:13,19 103:1,5103:11,18 104:1,6104:11,16,21105:3,8,14,21106:11,14,16107:10,14 108:5108:14,20 109:5109:10,14,18,22110:3,8,14 111:3111:7,11,15,18,22112:5,15 113:3,11113:18,22 114:10114:16 115:3,10115:19 116:3,7,12116:16,21 117:5117:11 118:1,20119:1,6,12,21120:5,19,22 121:4

121:7,10,15,19122:3,7,18 123:11123:21 124:3,6,9124:12,16 125:5126:4,10,13,19127:7,10,13,18128:1,13,21 129:3129:8,13,19 130:4130:9,17 131:5,8131:21 132:3,8,13133:14,19 134:4,7134:12,14 142:9142:10,12 151:3151:21 152:9,22160:4 161:3 171:8171:12 205:16

invite 207:18invited 207:12,18involved 50:5

171:12 190:14irritations 210:2,16issuance 207:16issue 11:4 15:12,22

16:10 20:19 23:1929:16 48:5 50:1453:5 54:18 112:17125:15 144:11146:15 195:3,8,13207:15 212:7214:1

issued 57:13 96:997:6

issues 9:4 11:1414:4 15:22 16:1044:18,20 45:150:13 53:7 75:1281:2 82:17 158:2211:3

item 19:4,4i.e 107:8

JJ 2:22 34:16 36:17Jabriel 1:22 2:7

102:5Jackson 46:9January 24:1 81:5

150:20 159:12181:6

Jones 1:19 126:7,8126:16,21 127:9127:12,17,22128:7,15 129:1,4129:10 133:11137:7,16 138:12138:13 147:12,13159:5,6,11,14,19159:21 160:1,6,10160:14,21 161:6161:12 162:1,7,12162:16,19,21163:4,11,15,19,22164:2,8,14,16,19165:8,14,19 166:6166:8,11,18,21167:1,6,19 168:5168:8,11,17,20169:6,9,20 170:3170:5,13,19 171:6171:10,16,20172:1,6,12,15,18173:6,9,12,18,21174:2,8,11,16,20175:1,5,8,12,16175:19 176:2,5,8176:11,14,17,20199:6,7,13,18,21200:3,7,19 201:3201:6,8,11,18,21202:6,12,19 203:1203:8 213:15,16

Joseph 153:14judge 138:1June 92:11 104:6justified 61:18,19J-A-B-R-I 102:5

Kkeep 84:15 155:18kept 79:12 84:16

148:9 156:18key 154:15 192:15kind 17:21 49:14

75:11 98:14,18

120:12 123:19182:21 200:1202:20

kindly 135:8kinds 69:4 142:19Knight 4:1knob 189:22know 23:3 26:20,21

29:3 35:20 41:1144:20 47:9,1751:10 53:22 54:769:10,14 70:1571:12 72:2 78:479:20 81:20 83:588:17 103:12114:22 121:14132:7 137:1,2,10139:22 152:11,12161:20 162:5,6163:8 167:20170:11,14 171:10173:16 182:2,6191:10 197:6200:5

knowing 139:10knowledge 51:13

52:15,18 70:2191:22 92:1 124:2125:9 156:14

knows 169:16199:1,15

Llabeled 66:17 85:13

120:16,17 154:22lack 77:22Lamont 28:15

29:16 31:7 34:22language 207:9,13

207:13 208:5,13210:18

laptop 120:10124:20 189:5,6,7189:8 197:4

laptops 120:7124:14,16

large 165:2


lasted 92:5late 84:20 177:12latitude 158:10law 4:1 9:14 137:22

211:16lawyer 165:2lead 31:2leading 62:1 72:9,9

72:15,16leads 31:3learn 105:7 106:8learned 18:2 19:22leave 76:19leeway 208:7left 20:1 30:6,9

50:4 74:19 76:1,776:15

legal 146:14,22208:6,12

legitimate 56:1172:22

letter 22:6 41:2142:2,6 57:2059:17 61:14 63:763:20 64:12,18,1967:14 77:13 78:21

letters 12:10let's 5:12 141:6

149:6level 27:1 33:20

35:17 36:4,1049:12 71:17 72:1874:5 75:19,2186:16 90:16,2291:2,9,18 112:14117:16 118:8,10118:13 119:19122:9 123:14127:1,6 128:6,17130:14 131:4,15131:15 142:5,14146:2 153:19,22154:5 173:3185:12 189:17,21189:22 190:6191:1,2,4,10,12191:16 192:5

194:3,4,16 195:22196:3 203:4 205:5205:8 208:16211:4

levels 8:16,18 58:674:6 90:21 119:4119:18 142:11143:15 185:8186:15 203:3205:20 206:12

license 1:9 3:7164:11,17 210:8

Licensee 2:2,461:16 65:7,2266:3 70:1,14,14148:12

licenses 28:20light 73:22 74:10

113:17 174:13,14174:16,18 175:6

lighter 30:16lights 175:4likes 206:2limited 51:6 137:6

196:19,19,22limiter 8:12 114:18

119:13 121:5123:15 154:12156:7,18 167:16170:15 173:10183:5

line 65:6,12,15 66:5133:10

lines 123:22liquor 28:20listed 114:22listen 18:14 62:9

89:11 130:20listening 127:19

167:6little 12:17 17:17

23:4 47:8 91:15113:3 153:8189:12 194:14200:10

live 29:7 31:10 32:251:14 52:13 74:3

74:4 106:2 158:17lived 127:2lives 127:16living 210:5LLC 1:6 3:6 109:20located 106:3

115:14,14 119:13128:18,19

location 115:20locations 34:19

129:7lock 169:16locked 123:15

154:12,12,14156:20 157:1188:9,12

lodge 67:19 101:5log 80:16,17,18long 12:19 91:4

92:3 93:14 150:18181:5 210:13

longer 74:20 76:19117:17 135:2

look 14:6 17:321:21 22:1 24:626:14 33:9 43:1049:3,20 103:15,21105:18 108:9144:9 145:19157:18 202:1

looked 15:2looking 2:18 29:22

30:5 32:22 34:335:12,13 61:9101:3 114:20119:3,9 155:6206:1

looks 14:3 24:2225:9 30:16 33:933:14 37:19 78:1080:1

losing 3:20lost 74:16 75:8,8lots 35:4loud 73:20 74:1

76:17 91:1 112:12160:18 173:2

loudly 71:18Louise 1:22 3:10lounge 2:11,12,13

2:15,16,18 4:2,98:12,15 9:9,1311:6 21:14 22:823:15,21 26:18,2027:18,19,22 28:428:12 29:2 30:2,930:13 31:18 33:133:11 34:5,11,1937:4 41:21 42:744:17,22 60:12,2261:10 67:2 68:1577:18 79:13 85:885:10 93:22 94:1094:14 95:14,16,1796:8 97:7 102:12105:10 109:17110:7 124:5 126:3133:12 142:4143:14 150:12,17150:19,22 153:17161:18 209:1,9,20210:7

Lounge's 7:2080:19,20

lower 50:3 151:13151:15,19 160:19160:22 161:21163:8,13 166:16186:15 189:6191:16,20

lowered 118:10187:21 191:22

lowering 166:4

Mmain 188:11 190:2

190:5,6maintain 118:6maintained 8:18

108:17Major 183:18Majority 121:15making 80:6

115:16

manage 48:4management 79:19

85:9,11 108:21manager 77:18manages 51:14manner 122:15manual 103:8map 36:17 115:11maps 38:5March 7:20 42:4,5

57:17,21 58:2,658:10 59:6,7,1561:14 62:12 63:2064:12,17,19 67:1377:8 78:21 82:1386:13 99:3,8146:5 183:10,11183:13 186:8,11186:16 206:14

material 11:1,2,1281:1 82:4 208:1,3208:15,15 209:6209:16 211:4

materiality 208:13Matt 140:20,21matter 1:5 11:20

16:3 17:22 18:720:3 23:13 50:2054:22 68:10106:10 135:16,20140:5,7,10 208:11

matters 5:7,11 6:228:21 11:4,1350:17 116:19212:1

max 197:1maximum 206:20ma'am 155:13mean 24:7 30:9

53:12 65:2 69:785:6 89:20 91:1696:14 98:7 112:11137:10,19 165:16170:9 181:1,15190:22 195:22

meaning 37:18means 98:3 164:5


206:9measure 143:1,2

167:21 195:21196:16 197:15,17197:21 198:6,17198:21 202:7

measured 202:15measurements

202:13measures 199:1mechanism 119:9meet 24:2 26:8

152:2 165:9166:13

meeting 1:3 87:18146:21 147:19151:21 152:4153:11 154:7181:20 213:1,21

meetings 23:1744:16 146:19147:2,20 212:22213:4,22

Member 1:19,191:20 22:17 44:1,544:10 45:4 126:8126:16,21 127:9127:12,17,22128:7,15 129:1,4129:10 137:7,16138:9,13,19 147:4147:7,10,13148:22 149:3159:6,11,14,19,21160:1,6,10,14,21161:6,12 162:1,7162:12,16,19,21163:4,11,15,19,22164:2,8,14,16,19165:8,14,19 166:6166:8,11,18,21167:1,6,19 168:5168:8,11,17,20169:6,9,20 170:3170:5,13,19 171:6171:10,16,20172:1,6,12,15,18

173:6,9,12,18,21174:2,8,11,16,20175:1,5,8,12,16175:19 176:2,5,8176:11,14,17,20177:2,5,8,11,15177:17,22 178:2,6178:8,10,12,16,19179:1,4,9,11,14179:19 180:2,5,9180:15,19,22181:5,9,14 182:8182:13,17 183:1199:7,13,18,21200:3,7,19 201:3201:6,8,11,18,21202:6,12,19 203:1203:8 213:7,10,13213:16

Members 3:13,217:14 138:4

mention 182:20192:9

mentioned 44:6170:11 181:22183:4

merge 33:10mess 119:15message 118:7

153:19 154:9161:20 202:10

messages 89:3,1489:22 172:12

met 1:15 12:816:17 17:20 44:644:8 114:3 160:4160:12 170:21171:11

meter 202:14mic 47:15,16Michael 74:12midnight 111:14Mid-right 25:13milieu 57:8 83:6Mimi 1:6 3:6mimiburru@yah...

78:7

mind 11:9 158:1mine 27:9minute 55:5 177:21minutes 6:16 91:7

134:21misplaced 37:3missed 176:3mistake 140:1mistaken 186:7misunderstood

166:9modern 120:6molehill 15:12moment 5:5 89:20

146:13 158:19moments 18:22

80:15month 187:5months 78:2 80:3

84:15Mood 1:7 2:11,12

2:13,14,16,18 3:64:2,9 7:20 8:12,159:9,12 11:6 21:1422:8 23:20 26:1726:20 27:18,19,2228:4,11 29:2 30:230:9,12 31:1833:1,11 34:5,1134:19 37:4 41:2142:7 44:17,2248:14 60:12,2261:5,10 67:268:15 77:18 79:1379:18 80:18,2085:8,10 87:1990:18 93:22 94:1094:14 95:13,15,1796:8 97:7 102:12105:9 109:17110:7 124:4125:10 126:3133:12 142:3143:14 150:12,16150:19,22 151:4,8159:16 209:1,9,20210:6

mop 174:4,6morning 3:16

150:22motion 141:13

147:16 148:5,6,20213:19

mountain 15:11move 36:14 38:5

92:13 117:8122:20 146:20204:10 212:22

moved 24:1moves 206:17multiple 126:15multi-level 49:9music 8:1,16 17:5,9

29:1,1,2,5,6,8,929:13 31:10 36:769:8 94:2 106:20113:8,10,12 118:8145:12 154:5163:15,16 179:5206:4

musical 28:17

Nname 4:12,16 21:3

22:7 46:20 102:2102:6 140:19149:21 152:8153:14

named 128:11narrow 18:18National 48:11nature 70:9 210:5Naylor 2:18 21:11

29:22 35:2 37:549:18 106:2

necessarily 124:13necessary 7:22

17:5 20:4 29:11106:19 114:12158:17

need 5:19 6:4 11:1911:22 12:6 17:1740:1 47:1 59:1689:8,8 102:16

136:16 141:15150:8 157:14,18

needed 62:5 100:13174:12

needs 56:21 71:20negotiate 146:1neighbor 24:3

152:12 172:7,19173:1

neighborhood 2:227:21 14:3,4 17:1523:21 34:18 163:5

neighborhood's29:15

neighbors 8:991:17 142:2,3151:14 152:19154:3,4,6 160:19161:4,8 163:10165:22 168:6,7,8169:2,11 170:16171:2 179:22180:14 181:10,21192:7 193:11,15193:16 195:14202:3,5,7

neither 150:8never 176:4,5,7,9

192:13,17 210:12new 8:12 92:6,9

114:17 197:16Nick 1:16,18night 110:18 112:1

112:16,18 113:19117:13 121:14130:10 175:21176:1,3

nights 9:5 175:15177:19

NINE 2:13,19 22:630:1 32:2 33:1034:19 48:1,352:13 77:15 90:12102:11

noise 1:11 2:146:20,22 8:1 15:2215:22 17:5,9 22:9


22:13 23:18 24:1625:3,4,7 29:1634:22 35:19 36:1044:18,20 45:150:6 51:17 52:1153:16 54:16 55:862:16 64:2,766:20 69:11,17,1870:7 71:7,10,1671:22 72:5,1873:10,11 74:1,574:20 75:19,2176:17 79:16 80:180:4,7 86:16,1890:16 91:9 104:10104:14,19 105:18106:20 107:2110:12,17,20113:8,9 114:5116:14 128:10,12129:6 145:10,12146:2,3 178:21,22179:1 180:3181:12 204:20205:2,4,6,17206:3,8,9

noises 22:11 73:21Nophlin 1:20 22:17

44:1,4,5,10 45:4,7138:16,19 147:4,6147:7 148:21,22179:18,19 180:2,5180:9,15,19,22181:5,9,14 182:8182:13,17 183:1213:7,9,9,10

normal 118:8131:4

normally 103:14north 37:4,5Northwest 2:17

21:11 28:9note 39:19notebook 10:8

21:21 154:17noted 10:21 19:19

87:3,6 93:20 99:1

99:3,8notes 84:17notice 6:19 7:16

8:22 12:3,10,2213:3,3,21 14:616:19 17:12 19:1319:16 22:13 25:942:13 53:21,2255:14,18,18,1956:12,13,21,2257:4,15,20 58:2,558:9 59:2 61:2262:2,13 63:764:21 79:5 82:1386:13 104:15107:4,6 108:3118:21 144:11,12144:13 145:4,7,16147:17 157:14204:17,18,18205:10 207:16,20213:20

notices 56:11 57:13notification 61:16

61:18notified 17:1

107:18 111:1114:3,5,7

notify 212:8notifying 212:11Noting 36:20notion 59:20NPR 48:10number 73:17,17

108:17numbers 108:22numerous 8:14

126:13NW 1:8N.W 1:16

OOAG 1:22 54:3oath 68:21 69:1

75:10object 10:22 11:12

12:5 18:17 20:2

37:14,17 39:740:10 50:11 51:2153:8 68:13,1774:21,22 80:10,2284:2,2 92:21 93:194:11 125:11

objecting 38:4 75:2objection 19:4,13

19:17 20:1,6,8,1055:7 63:10,1167:19 72:6 73:576:13 80:11 84:589:2 90:5 93:194:19 95:1,4,7100:5,5,8 101:5123:3 158:21211:11,13

objections 36:2141:2 123:2 211:9

objective 210:17,17obligated 161:21obligations 16:18observe 37:2 210:6obtain 118:18occasion 73:22

94:6 133:17occasionally

175:15occasions 73:17,18

96:8 97:6 98:2299:2

occupants 17:7106:22

occur 137:18occurred 12:9 63:6

140:13 145:5,6146:5 148:7205:10,21 206:14

offer 59:19offered 44:19offering 14:12office 41:12 105:22

115:12 182:21official 22:13,15

54:3 59:2,6 79:582:13 86:12 106:5110:13 139:10

oh 25:14 32:11 46:751:10 103:14121:4 130:4138:19 140:7161:1 169:12177:17 180:19188:7 191:2192:11 201:21

okay 4:6,21 5:3,105:16,19 6:9,11,1510:10,16 24:17,2127:12 29:19 31:1331:15,22 32:8,1633:8,19 34:1636:3 37:16,2239:2 40:11,14,2241:6,11,18,2042:11 43:16,2046:2 48:8,20 49:849:19 52:3 53:255:1,6 59:1162:11 65:11 66:1268:18 73:1 74:1478:20 82:8 87:787:22 88:11,11,1689:18 90:6 93:2,896:11,21 97:8,2299:12 100:10,18101:2,7 105:17109:2,16,21 110:5111:13 112:2113:20 115:5118:17 121:6,17121:21 122:4124:7,20 125:18126:16,21 127:6,9127:18 128:7,15129:4,10,13,21130:19 132:11,14134:20,21 138:11138:20 139:17141:2,3,6 150:3150:11 151:2,16152:10 154:1,4,16155:14 156:4,8,13156:17,21 157:2,5158:20 159:21

161:6 162:19164:2,8,19 165:8165:14 166:10,18167:7,19 168:20169:7 170:5 171:6172:18 173:9174:11,20 175:8175:16,19 176:2,8176:11,20 177:11177:17 178:2,10178:19 179:4,14183:1,15 184:14185:11,21 186:2186:14,22 187:8187:12 188:8190:8,16 191:15192:16 195:5199:4 200:7201:11,22 203:8204:5,10 211:14

once 94:7 117:22123:15 197:15

ones 63:14 64:8,1064:11

one-night 28:20ongoing 65:18

89:16online 2:15 25:9,19

25:22 40:20open 35:18,20,22

36:2 79:15,18125:22 138:7146:19 147:1,20169:14 175:9,15175:22 177:6,12177:21,22 178:3187:1 198:13,14212:21 213:4,22

opened 112:6186:20 187:9

opening 2:2,2 6:1679:21 140:14,15140:17

openings 28:2135:3

open-air 31:6open-ended 54:14


operate 118:14operated 210:9operating 13:22

161:14,15 162:2,4operation 210:8operations 161:8

166:2 173:2174:12 175:2

opinion 76:6,12opportunity 56:14

62:15 64:22 65:1100:21 107:16126:17 127:3148:18

opposed 69:18 72:4105:20 147:15149:5 162:4202:20 213:18

option 208:7order 17:14 18:18

54:5 56:7 122:13166:13 214:1

organizations34:20

original 13:12originally 200:9outcome 85:17outdoor 32:13 33:2

106:22outline 15:14output 200:17outside 11:13 34:3

36:7 46:1 55:959:21 63:9 131:11137:12 168:12

overly 91:19overriding 125:6overrule 19:3 73:5overruled 84:5owned 32:5owner 4:9 18:10

27:4,7 71:2275:17 77:18 110:2110:19 114:2116:9 117:13,18119:14 120:1121:22 150:16,19

152:6 158:14159:9,12 167:8,12169:15 199:12209:1,9

owners 2:13 22:633:3 44:7 77:14108:21 142:21202:10 210:10

ownership 175:20owns 48:2 50:7

69:9O-F 2:1

Ppage 2:12,13 17:3

22:2,3 38:13,2292:14,14 103:15108:10,18 111:5113:1,5 145:9

paragraph 114:21119:3

paragraphs 108:10pardon 19:15

141:17parenthetical

207:21parents 48:4 51:15park 31:20part 14:16,17 16:16

17:2 21:6 39:1139:13 49:3 61:1763:11 70:5,1685:18 105:2108:19 117:2,3118:22 121:19164:11,17 166:15189:9 209:20

partially 51:12PARTICIPANT

136:6participate 87:8particular 7:3

29:12 74:16,1692:21 104:15

particularly 9:1142:3

parties 3:8 122:10

142:2,8,22,22143:5,9,17,19165:3 208:20210:18 211:15212:9

party 160:1 202:4210:20,21

passed 147:17213:20

patient 75:2pattern 11:10pdf 25:22people 31:20 35:4

52:16 91:18131:16 132:1

perceived 70:9perception 65:18perfect 14:1 134:22perfectly 140:13period 12:9 19:7

36:9 55:22 56:256:15 78:1 80:282:19 125:15133:13 138:14142:15,17 143:16

periods 84:11permission 137:4

137:22permissive 81:21permit 19:13permitted 82:3person 42:9 132:6

134:5,6 169:15personal 91:21,22personally 44:21

75:18,22perspective 12:1

86:10 106:14pertinent 8:22Phillips 1:22 3:10

3:10 5:8,13,14,205:22 6:10,12,176:18 7:11 9:17,1910:7,12,18 11:1611:17 12:14,17,1913:2,10,14 15:516:14 17:2 19:9

19:20,21 20:16,2020:21 21:2,8,1221:16,20 22:12,1623:10,20 24:2,624:13,17,20,2225:2,8,13,16,1826:1,6,11 27:3,627:12,16 28:5,1028:16,22 29:10,1729:20 30:5,8,1230:15,19 31:2,931:13,16,22 32:832:11,16,19 33:433:8,16,19 34:134:10,16 35:6,1136:8,13,20 37:2038:3,8,18,21 39:339:13 40:16 41:1441:15 43:13 45:845:10,21 46:3,746:19 47:1,13,1447:22 48:8,12,1748:20 49:2,8,1349:19 50:5 51:5,652:9 53:11 55:1155:20 56:6 57:1257:22 58:8,16,2159:7 62:3,4,8,1262:15,22 63:5,1364:8,11,15 65:965:12,20 66:1,766:12,20 67:8,1268:19,20 70:2,670:10,17 71:2,1272:11,16,21 73:273:6,7,15 74:8,1475:14,15 76:5,976:14,20 77:3,677:10,16 78:6,1078:16,20 79:4,881:21 82:9,1083:12 84:6,7,2185:2,5,12,21 86:386:8,12,21 87:787:10,14,17,2288:3,7,11,16,2089:7 90:8,12,14

91:3,8,11,21 92:392:12,17 93:4,594:11,22 95:8,1095:11 96:5 97:1897:20 100:1,2,10100:13,16 101:9101:10 102:1,7,14102:21 103:2,7,12103:19 104:3,8,13104:18 105:1,6,11105:17 106:7,13107:4,12,20 108:8108:15 109:2,7,12109:16,21 110:5110:10 111:2,5,9111:13,16,20112:2,9,21 113:5113:14,20 114:8114:13,20 115:5115:15,22 116:5,9116:13,17,22117:7,20 118:17118:21 119:2,8,20119:22 120:14,20121:2,6,8,13,17121:21 122:4,13122:19 123:6125:11,18,21132:18,20 134:16134:17,22 135:3,8135:15,18 136:8136:13,20 137:2137:10,15,20140:4,9 144:6,7146:12 150:4155:5,17 157:8,9157:13,17 158:7,8158:22 168:3171:5 203:16,17204:11,12 207:6211:11,17

phone 108:22118:6

photo 2:17,18,182:19,19,21,22155:22 156:4

Photograph 156:2


photographs 37:137:15

photography 35:2physically 128:18

128:19pick 68:7,7,8picture 27:21 30:6

30:10 33:9,1249:21 50:3,486:10 119:17,20121:5 154:13155:11,12,15156:9 184:21

pictures 36:15 38:540:5 49:20 113:16

piece 70:13piped 179:6place 60:14 67:21

81:12 91:5 98:21123:16 125:9181:20 202:17210:3,4,8

places 117:22plant 93:16play 118:8please 3:9 4:12 5:1

5:5 6:17 10:6,1710:20 19:20 21:422:4,18,20 29:1831:19 46:18 54:1273:5 95:4 101:14101:15,22 102:3107:13 113:4149:10,11,18,19149:20,22 150:9

pleased 77:19,21plug 120:8 123:17

124:18 195:7plugged 197:9,17plugs 196:15Plus 12:8point 15:19 16:8

35:8,21 36:160:17 61:8 68:9102:8,14 106:8112:4 117:16118:18 127:14

128:3 129:16145:8,18 158:10165:20 203:17

pointed 32:3 53:19pointing 34:18points 127:19

128:2policy 136:22

140:16portion 53:14positions 143:2possible 117:15

123:17 208:9post 139:9potted 93:16power 124:22practical 143:8precatory 84:8preceded 143:16preceding 11:22precluded 69:16precursors 13:19predecessor 7:21

210:7predicate 54:6

55:12predicated 52:14predictor 14:9prefer 158:13preference 137:18prejudicial 68:14preliminary 5:7,11

135:16 140:5,7,10premises 17:10

145:13 206:4prepare 84:11prepared 84:13prerogative 41:11prescription

208:12 209:15present 1:18,21

10:8 13:8 41:1365:6 89:5 112:3116:10 150:21151:2 152:22169:18 172:4

presented 16:10

presenting 64:6presiding 1:17press 137:3pretty 118:16

122:7 159:18,20181:2 201:16

previous 109:19167:8,12 185:22199:12

previously 71:14printout 115:11prior 11:20 23:10

24:3 50:8 52:1059:1,2,6,7,1561:14 64:10,11,1464:16 82:12 93:22141:12 153:2,3182:2 191:5,14204:16

privacy 55:8private 138:17

139:6probative 75:11

81:11 82:2,4problem 13:21

44:11,13 56:459:17 65:8,1870:21 75:5 76:578:4 98:6,17131:17 166:5179:20 181:15182:7 208:8

problems 67:3,482:20 179:21180:7 181:12205:12

procedural 6:22proceed 5:12 6:11

6:13 19:20 20:1247:13 73:6 149:6149:19

proceeded 110:15114:1 117:18

proceeding 4:511:5,11 16:9 18:453:5,7 141:14,19141:20 143:7

144:1,3 147:18211:6

proceedings 81:22process 13:12,15

27:2 61:15 67:574:2 104:9 121:20171:13

produce 34:22produced 202:15proffer 80:4progress 77:22

80:6 85:16prong 73:8proof 80:15proper 60:19properties 8:4 17:7property 17:8

106:22 107:1168:7,9,12,12,16168:18 169:2210:9

proposed 15:16propounders 115:8propounding 60:1Protestants 16:17prove 19:7 63:16

148:16,16provide 14:5 16:17

113:12 142:20149:14 200:16

provided 44:1973:9 201:3

providing 29:6provisions 16:21Public 48:11pull 81:15purchased 8:12

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Qqualifies 199:13question 12:4,14

16:14 18:22 20:321:14 41:19 42:1044:2 52:14 72:776:6,11 85:2094:12,21 95:1,695:19 96:7,12,1796:21 97:3,3,5,997:14 98:1 99:5,6102:8 123:10,13125:13,15 133:3,3136:3 138:16172:8 209:13212:4

questioning 65:1365:15 66:6 133:11

questions 20:9 23:536:14 41:16,1943:21,22 45:9,1483:7 84:8 93:6,1293:18 99:16,19,22100:17,21 122:20123:7 126:7132:15,19 134:9157:6 159:1,4177:1,3 199:5203:12 209:3

quite 20:7

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200:6


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139:20 140:20,20140:22 141:1,3,4

reach 146:2 210:19reached 91:9

143:21react 170:9read 53:14 59:9

113:7 172:11readily 108:22reading 106:14readings 202:14real 82:22reality 145:2realize 93:15really 15:14,18

16:8 35:12 57:1959:21 60:16 61:861:9 71:1 83:2194:20 95:5 125:15143:10 148:8,9162:6

rear 30:3 49:16reason 68:1 74:16

76:1 208:4reasonable 17:7,16

57:2,5 60:5,6,1660:18 61:4 64:1866:11 69:14 71:671:9,16,19 72:472:17 79:20 80:582:12 94:1 106:22139:15 206:12

reasonableness56:7 57:19 58:1258:22 59:16,2161:20,21 81:4,783:1,16,16

reasonably 70:2075:1

reasons 9:10 69:5213:3

recall 34:11 40:1891:4 102:15123:20 151:3152:11

receive 160:17161:20 169:18178:1

received 107:21126:11 128:9,9169:10,12,22170:6 184:8

recess 135:7 147:18recited 97:4recognize 74:3

91:16recollect 135:19recollection 12:22

102:17 137:20recommend 148:19recommendation

148:5record 16:4 17:21

18:15 19:13,17,1921:3 37:21 39:1239:14,20 40:3,1346:20 68:10,1579:12 100:14102:3 108:1 135:6135:12 137:4138:17 139:10142:16 146:9148:2,4 149:21167:15 211:10

recorded 29:8 86:186:5 136:12

recording 35:1135:20 136:9139:2,3 140:15

records 124:13recross 100:22

203:16,18red 30:1redirect 45:8,10

100:1,17 132:18203:11

reduce 8:15 79:22103:4 162:3,8

reduced 104:13reducing 162:4redundancy 15:15redundant 16:7

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26:4 64:21 74:895:12 102:10104:19 114:15122:5

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registers 210:20regulatory 116:1

116:10relate 56:4 130:12related 7:16 13:9

24:16 25:7 55:855:17 128:10

relates 163:2relationship 148:12relative 202:20relevant 148:11,13reliable 75:11 82:2remainder 14:20remark 123:12remarks 37:2remedial 17:11

145:14 206:5remediate 18:10remedy 22:11remember 129:22

130:12 153:13190:17,22

rendered 116:18renew 141:13,15renovation 182:15repeat 97:3 99:6

repeated 53:6repeatedly 80:13replete 204:15report 2:10,14 14:8

16:3 18:6,13 24:925:3 38:9,15,1739:9 40:17 43:1450:9 54:20 63:766:16 68:11103:16,21 109:4114:9,21 116:19116:20 117:4,9120:16,17 121:3122:14 125:16,16155:3 203:2

reported 55:9204:20

reporter 21:447:15 136:14

reporting 11:20reports 8:6,11

14:14 15:10,1318:5 19:1 50:1450:19 55:10 57:1482:7 103:4,9122:21

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84:22 85:3 134:18137:5 139:16,19141:14,19 144:2161:8 207:15211:5

requested 38:11requesting 13:17

158:9require 53:22required 7:22 8:7

13:20 22:10 55:12108:18 163:8175:1

requirement 60:5

107:7 206:20requirements 7:4

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requires 12:7 55:18requiring 83:9reside 21:9 47:19

47:20resided 152:13residence 42:21

43:6 105:10,15110:18,21 118:5129:16 130:3,8,22

residences 117:15163:5 166:1169:11 171:2

resident 23:2171:22 75:4 118:3127:5 161:12

residential 8:3 17:717:10 106:21129:7 145:13163:5 206:4

residents 7:5,2165:19 107:3115:21 117:18118:2 145:21202:16 203:6210:2

resolution 209:4resolve 15:21 23:12

98:16 209:10,11resorted 57:6resources 18:20

143:10respect 18:2,19respond 11:16 61:1

80:20 89:8 94:1597:18

responded 60:22responding 98:12responds 208:21

210:21response 60:11,12


60:18 61:4,9 98:398:5,6,15,1599:20 123:13132:16 153:6

responses 88:17209:2

responsible 70:15responsive 8:9

94:10 95:14,16,1795:20 96:1,9,1397:7

responsiveness98:13 99:8

restate 38:2restrict 161:13rests 134:18result 42:20 143:9

166:1resulted 143:4,4results 45:2,3retailer 1:8 49:6return 99:9reveal 80:18revealed 209:18reveals 142:7

208:20reversed 145:11review 126:12

133:18 201:13reviewed 53:20

110:22right 5:1 6:15 9:22

13:10 18:7 24:1924:20 25:2 27:1331:13 34:1,1038:8,18 40:746:12 49:6 55:1955:22 58:11,1666:1,7 70:10,1773:7 81:19 86:688:3 90:1,14 91:395:8 101:15 106:7108:8 109:12110:10 111:9,14111:16 112:9,21113:14,20 114:13114:20 115:5,22

116:17 117:7120:14 121:10127:17 129:15130:7 149:12156:9 157:5 166:1170:9 179:15182:12,15 185:19187:18 189:14,18192:20 193:8194:9 196:4,15

right-hand 50:3rise 208:16 211:4Rishi 2:6 46:21

105:5 152:5 153:1153:12 154:10161:17 167:11182:11 184:5,8191:8,13

Rishi's 152:15Roderic 3:22roof 32:14room 1:15 147:20

213:22rule 5:19 6:4runs 37:5R-I-S-H-I 46:22

Ssaid/she 67:22sanction 208:16sandwich 31:1,6,10satisfactory 142:12satisfied 35:7

172:16,20 210:13satisfy 209:20Saturday 175:11

175:12,18 177:13178:11 207:3

Saturdays 177:6,9saying 13:7 55:12

58:5 59:17 71:375:8 96:2,4 148:9162:7 172:8,13192:19 195:2203:1

says 15:20 68:975:17 81:16

106:18 114:6145:10 162:11203:2 206:3207:20,22

scope 11:14 18:1863:9

se 112:19seated 5:1 10:6

46:18 101:22149:18

second 2:14 22:2,324:8 28:2 32:5,1533:14 34:3,4,1238:13,22 40:1742:12 72:14,1578:13 92:14106:18 108:18116:20 117:8,10117:11 120:15121:3 125:12133:21 145:8147:3,4 155:2186:20 187:1,9213:6,7

section 7:16 16:1817:4 53:19 59:976:22 82:14105:20 106:17107:15 108:9,19110:13 113:6144:12,12 145:17146:19 147:1207:10,10,14,19209:15 212:21213:3

sections 59:3 82:16107:5 145:16

security 108:9,19169:17

see 8:6 21:22 27:2129:22 30:9 32:3,632:11 33:1 34:478:16 88:12 96:2103:8,16 113:15125:8 155:4170:19 181:14

seek 137:4 146:14

164:19seeking 80:14 81:7

83:15 146:21seeks 18:16seen 10:14,20 58:3

120:7 124:7sending 77:14sent 22:7 25:9sentence 106:18

113:7separate 119:13separated 48:14sequence 56:5series 19:6serve 143:10served 142:18

207:2session 136:1

140:10set 6:11,12 74:15

82:11 83:6 105:14120:12 124:19,22153:22 156:10167:17 185:8,13185:15,19 190:11190:22 191:1,10191:13 199:2203:3 205:7,8,20208:9

sets 48:6settlement 143:5,8several-fold 80:11Shakoor 1:22 2:7

82:21 88:15 90:18101:12,20 102:1,4102:5,13,19 103:1103:5,11,18 104:1104:6,11,16,21105:3,8,14,21106:11,16 107:10107:14 108:5,14108:20 109:5,10109:14,18 110:3,8110:14 111:3,7,11111:15,18,22112:5,15 113:3,11113:18,22 114:10

114:16 115:3,10115:19 116:3,7,12116:16,21 117:5117:11 118:1,20119:1,6,12,21120:5,19,22 121:4121:7,10,15,19122:3,7,18 123:21124:3,6,9,12,16125:5 126:4,10,13126:19 127:7,10127:13,18 128:1128:13,21 129:3,8129:13,19 130:4,9130:17 131:5,8,21132:3,8,13 133:14133:19 134:4,7,12134:14 151:4,6,10151:22 152:1,8153:12,17 154:10154:10 160:4171:5,8,12 172:4185:15,15,17187:11,17 188:13189:12,13,13190:14,18 191:11192:4 202:9 205:6

Shakoor's 191:17191:18 193:22

share 27:17,22 28:148:15,17 161:17167:10 184:5

shared 33:2 87:21127:21

shares 127:14128:4

shoes 161:16shop 31:1,6,10shortly 147:22shot 29:21 31:17

32:1 34:18show 1:8 3:5 5:4,6

7:16 8:22 9:1211:14 19:9 28:665:16 66:5 81:1482:12 83:8 86:10141:19 143:7,22


209:1showed 142:13

143:3 192:4shown 8:10shows 28:7,10

82:22 83:4 115:12167:15

shut 36:3,5 69:1269:12

side 6:17 49:1750:3,4 182:14

sign 164:12signator 67:13,17signatory 78:22

164:9signature 103:14

103:20 104:4signatures 103:17signed 104:5significant 209:7signs 31:19 113:15silence 35:13 91:12similar 29:1 152:18simple 99:9simply 98:12

124:18single 6:19 16:10

75:17 83:10104:14 176:1,3195:15

sir 42:4 45:15 77:1140:19 159:13164:18 168:19169:5,8 171:9173:11 174:10176:19 177:7,16179:13 180:8181:8,13 185:6186:3 188:18196:8,13 204:7

sit 156:14site 2:15 16:2 25:20situation 15:8

143:20six 78:2 167:11

184:3sleep 131:16 132:1

slow 12:17small 48:14 49:11smallest 50:1software 124:17sole 176:18 208:22solemnly 9:22

46:12 101:16149:13

solution 77:20 78:3181:15

solutions 80:5somebody 32:6

43:14 98:6 135:20136:7,9

Somebody's 136:6somewhat 37:3sorry 4:15 22:19,22

25:15 30:10 45:1749:16 51:11 53:1273:15 77:17 85:2088:5 89:7 93:1393:14 95:4 96:1999:6 127:12140:19 153:13160:3 165:19174:20 176:13188:18 204:9,9

sort 13:19 31:576:6 95:6

sound 8:12 17:918:10 26:18 48:558:5 60:14 79:2282:22 87:8,1190:21,22 91:2112:12 114:17117:14,16,19,19117:21 119:4,10119:13,18 120:2,4120:11 121:5,11122:1,2 123:14,15128:17 129:6,14130:14 131:15133:18,20 142:5142:11,14 143:3,4143:15 145:10,12151:14,15,20152:3,5,19 153:1

153:2,14,15,20154:11,11 156:6156:18 160:18,20160:22 161:22162:3,9 163:2,3,9163:13,17 165:12165:17,22 167:15167:16 169:1,10170:15,16,18171:1,3 173:1,3,8173:10 179:3,4180:13 181:3182:3 183:5 184:1184:15,16,18,19184:21 185:12,16185:22 187:8,10187:13 188:2,4,21189:9,14,17190:11 191:11,14192:7,9 193:1,5,9193:10,11,12,18193:22 194:3,4195:14,14,22196:2,3,16 197:5197:8,15,17,19,21197:22 198:2,17198:18,21 199:1,2199:8,11,15,17200:6,9,12,13,14200:15,20 201:2201:14 202:2,4,16206:3 207:14

soundproof 180:18181:3,22 182:4

soundproofing8:13 114:18

sounds 26:21 29:6source 18:11

176:18 200:20,21south 37:5Southeast 47:21southern 33:1space 27:19 33:2

49:6speak 15:10 19:5

22:17,21 37:147:2,4,15 53:11

150:9speaker 186:19speakers 8:14

167:12 184:3speaking 100:6

165:21speaks 51:19

207:19special 177:18specific 11:6,19

13:5 22:8 38:1353:14 113:4119:17

specifically 34:2235:19 43:1 51:7164:4

speculative 68:14speed 20:3spell 21:3 46:20

102:2 149:21spent 126:22spoke 41:20 42:12

114:2 185:22189:22

sponsor 11:7sponsorship 11:1spouse 51:15 78:22spring 84:18spurred 117:12square 182:5staff 108:22 142:19

143:19stage 13:20staircase 49:11stairwell 30:21stand 9:21 46:11

76:18 101:15132:6 137:11149:11 189:18203:14

standard 57:19standards 61:21standing 20:1,6,8standpoint 63:17

127:5 169:21start 49:20 73:8

96:22 104:20

107:20 175:10started 41:9starts 61:16 178:7state 21:2 46:19

102:2 140:12149:20

stated 40:1 41:8163:1 165:10

statement 2:2,2,3,475:17 121:11125:17 208:5212:14

statements 6:16115:4 140:14,16140:17

states 77:19station 199:17

200:6statute 144:21

206:22statutory 206:20stay 154:11 196:20

199:2stayed 153:17steadily 126:14step 45:20 72:14,15

100:19 134:12204:2

steps 11:19 15:2116:4 17:5 18:922:9 56:5,8 66:1193:22 98:16 99:10106:19 167:18183:16 184:2209:10

stereo 179:5stipulation 40:4stop 186:13storage 32:4 49:6store 184:4straightforward

16:9strain 130:20Street 1:8,16 2:17

28:8 31:4,8 47:21stretched 81:4strictly 206:1


strike 101:5structures 34:5studio 35:2,3study 200:16,17,18

200:19 201:4,8,12201:14 202:21

stunning 15:8subject 9:12 11:11

75:4 77:11,1283:22 88:21

subjected 132:4submission 10:22

25:7 37:18submit 51:2 61:7

75:10 143:6,22208:19 209:16210:11 211:1

submitted 201:12subsequent 58:13

58:17,18 64:2126:11

subsequently 26:1substantial 82:2

209:19subwoofers 183:20success 167:22suffers 208:8sufficient 209:16suggest 180:10,17

181:22suggested 112:22suitable 153:20

154:2sum 208:19summer 84:18,19sums 122:8Sunday 111:7supersede 124:21supposed 158:1sure 4:22 12:4 20:8

23:7 38:1 47:6,1151:16 52:6,1494:13,20 95:20100:3,14 136:2,17136:19 139:20152:7 187:2195:19 197:13

198:22 199:20212:5

surrounding200:21

survive 210:14suspended 9:13suspension 207:1,2sustain 55:6 63:11

76:12 158:20switch 174:18

175:6system 79:22 120:3

120:7,9,13 125:1133:18 184:19189:9 194:21195:14 196:4,17197:5,8 199:2,11

systems 125:4S-H-A-K-O-O-R

102:6

Ttab 21:21 22:1,1,2

24:11 66:14 103:8103:8,20 104:3109:8,8 111:5116:18 120:16121:9 155:4157:19

tabs 22:1 120:21take 7:22 9:6 15:21

17:4,10 22:939:19 66:11 67:2174:20 83:6 98:1698:20 103:3106:19 108:17115:6 135:6145:13 146:13170:8 181:20184:1 202:13,13206:5 209:10210:3,4

taken 8:7 11:1916:5 18:9 19:593:22 99:10

talk 26:3 50:1154:15 68:4,17,22

114:14 117:1talked 40:4 105:12

131:9 145:4187:17

talking 38:1 40:758:17,18,20,2159:4,8,15 64:666:10 69:15 79:989:16 131:7160:13 185:2

talks 113:2,7taping 136:6 137:1tech 121:11technicalities

144:11technically 144:9

205:9technological

123:19technology 120:6

123:17telephone 88:1,8

108:17television 36:6,7

71:16,18 205:7tell 15:3 27:10 29:5

47:18 76:14 79:10114:9 189:4,5201:14

telling 193:8 194:9195:2 196:1

temper 106:15tenant 73:19 74:12

74:17 75:8,9,1876:1,7,8,14 80:8152:15

tenants 48:6,6 69:969:19 74:4,12,1574:18 75:5 79:1392:6,10

tend 6:10terms 54:13 174:21

200:11 211:2test 12:11 35:6 36:8

51:8 52:10 60:1360:14 62:16 63:1673:9 82:22 87:8

87:11 92:8,9 94:1117:19 122:2128:22 129:15133:13,20 142:11143:3,4 145:1,20146:6,7 152:18,19153:2,15 170:17170:18 171:4195:6 201:2 202:2205:19

testified 51:1375:20,22 188:13205:5,16

testify 43:15 52:1753:1,2,2 55:1469:22 75:3 83:483:10 89:3 155:9

testifying 75:1,1090:3

testimony 8:5 10:113:19 15:15 18:1519:10,11 44:546:13 53:8 54:756:4 58:4 61:8,1362:1 63:5 64:165:6 67:20 68:1368:21 71:14,2175:11 84:2 93:2195:12,22 101:6,17115:7 123:11,20125:2 142:6,9,13142:15,16 144:17146:8,10 149:13158:3,3,14,15160:3 196:7203:14 204:14,22205:11 208:20,22209:2,18

testing 90:19tests 26:18text 85:10 89:3,14

89:22 98:8 118:7153:18 154:8161:20 172:12202:9

texted 91:1texting 88:6,7,12

88:13,14texts 88:18 90:15thank 4:22 5:2 6:18

7:10 9:14,15 10:510:17,18 15:416:11,12 20:1623:8 36:19 41:1545:4,6,16,20,2146:8,17 51:383:11 84:4 90:793:3,5 99:17100:10 101:16,21104:8 126:8129:10,11 132:22134:10,14 135:8140:3 141:3,3,5144:4,7 146:11149:6,17 157:6159:2,6 176:20,21179:15 183:1199:7 203:8,9,10203:15,20 204:3,4204:12 207:5211:7,20 212:12212:16 213:8214:3,5,6,7

thereto 122:22they'd 63:1thing 18:16 23:7

50:22 71:3 127:11127:13 166:4,20193:1 194:10195:13 202:8

things 15:1 51:1071:13 80:21 81:1683:2 85:15,2286:4 90:19 125:9165:17 167:5,5,22170:10,20

think 17:16 18:1919:4 20:11,1553:8 54:5,22 57:757:18 58:12 59:1661:17,20 63:5,866:12 69:21 70:270:5 71:2 72:776:1,21 81:5 82:7


91:18 94:19 95:6117:22 121:2122:12 132:1,1139:11 141:9145:20 154:21157:19 184:21200:10 202:18204:5,10 205:5211:21,22

third 28:2 32:7,2138:22 78:13

third-party 171:3thought 50:15

80:12 90:22118:11 166:12

three 5:14,15 6:1,340:17 80:3 87:1692:7 149:5 152:2167:8,9 176:10205:5

three-foot 34:8thump 91:15thumping 73:21

130:18,20,21Thursday 104:22time 3:21 12:9 13:3

18:20 19:7 20:1923:10 28:17,1836:9 53:5 54:1654:16 80:6 82:1782:22 84:11 89:1794:9 102:9,15105:15 106:8107:7 111:10112:16 115:1117:9 118:18119:17 122:12124:8 125:12,12126:2,21 133:21133:22 138:8139:15 142:10,15152:15,18,21161:2,3,20 170:17172:19,21 174:15175:20 177:19,20178:3 179:7 186:8188:4 192:3 193:5

197:16 198:3,8,13198:14 204:19,21208:10 211:10212:9,11,14

timely 122:14times 85:15 95:13

95:15,16 121:16126:15 133:13161:19 170:18199:3

today 4:5 7:1511:11,14 16:1118:19 54:19 58:1562:21 68:3 82:684:1 138:18 139:1141:20 148:15156:14 159:16209:13 211:3213:22

today's 8:5told 69:19 75:20

76:8,16 154:10tonight 212:7top 108:10Tori 3:22 4:8totally 158:8touch 188:4touched 119:5

192:5,13,17 196:2touchy-feel 202:20track 3:20 84:15trading 3:6transmission 11:1transpired 172:19trash 24:16 45:1traveled 110:1tried 57:6 67:2

118:12trouble 200:8true 80:19 81:17

82:1 94:5 137:7,9137:14 139:14170:2,3 210:17

Truly 144:8truth 10:2,2,3

46:14,14,15 80:16101:18,18,19

149:14,15,15try 8:20 63:16 86:9

135:3 142:4 146:1204:13 209:4

trying 16:15,1617:3 25:11 52:168:22 132:6

turn 27:13 29:1748:21 66:14 71:1776:20,21 79:880:4 116:18120:15 165:11174:14,17 188:16188:20,22 196:22205:18

turning 155:18180:10

TV-type 86:18twice 192:6 193:13two 14:14,18 15:9

15:13 30:16 33:233:15 34:8,8 35:536:12 38:6 41:348:6 54:7 55:1071:5 78:1,15 80:282:6 92:7 103:4,9117:22 118:2122:15,15,21127:19 128:2,11130:16 139:14146:6,7 153:16167:9 177:19,19183:17 205:1207:2

twofold 71:4 72:772:13

two-story 32:9two-week 122:12type 29:2,5,8 98:15

152:18typed 84:17types 210:2T-A-B-L-E 2:1t/a 1:7

Uumbrella 81:4

unacceptable 58:6136:16

underlying 98:17underneath 8:7understand 52:1

54:9 56:10 58:463:12 65:13 66:1396:4 129:14 166:8166:12,14 191:7195:11

understanding65:14 89:14108:21 109:22135:21 136:5163:7,12 164:7167:3 168:13,21169:3 170:22192:19 200:12,13

understood 52:2262:3 74:5 89:5127:22 128:7,18

undisputed 158:15unfolds 20:19unit 21:11 28:1

32:5,7,9,21 33:348:13,22 49:473:13,13,14,15,1979:17 87:13,15,1592:9 173:22 174:3

units 32:4 54:8unnecessary 18:6unreadiness 18:11

210:21unreadinesses

209:21unreasonable

69:13 72:18 79:18205:3

unreasonably 91:1unwarranted 144:2updated 84:18upheld 7:9uphold 206:19urinate 31:19use 11:12 17:8

106:22 124:13167:8

utility 173:19

VV 85:7VA 19:5 71:1

116:14vacant 92:9vacation 176:6,10vagueness 136:22valid 170:7validate 180:6various 6:22 14:15venues 23:18verbal 23:11 53:22

85:8 172:8verification 171:7verified 110:16verify 105:16 114:4

170:20versus 162:1vibrating 73:21

74:9,13 86:17113:16,16,17

vibration 52:1153:17 74:9 113:1113:8,13 128:5129:17 130:5

vibrations 8:2 17:672:1 106:20 113:2

videotaping 136:7view 2:19,21,22

32:20violated 206:15violation 1:10 6:20

7:9,17 16:21 19:761:2 63:1,2,16,1764:3,10,16 67:2068:6 69:6,8105:19 106:6107:3,17,19110:12,15 111:1114:7 115:17116:14,14 131:11141:21 144:9,18145:5,6 146:4,5205:9,13,20206:13,21 207:17


208:1,2,3,14,15209:14

violations 50:664:2,7 69:1873:11 116:15204:20 208:16

visible 113:15visit 42:21 105:15

111:20 127:3128:8 129:15130:7 191:18193:22 205:15

visited 43:5 111:17112:3 130:2133:12

visiting 43:1visits 133:12,17voice 179:2voices 112:18volume 8:18 26:22

71:17 120:11124:19 150:5156:10,15 163:9166:3,4,16 167:14168:3 180:11185:8 186:15187:21 188:5,6,9188:16,20,22189:6,8,17,21,21190:6 192:5194:11,15,16,20195:6,14 196:11197:1,2 203:5

volumes 26:19123:18 124:21

voluntary 1:106:21 7:4,17,19 8:89:10 11:18 12:613:1,4,16,1815:20 16:19,2217:13,19 19:822:10 53:13,2054:13 55:13,1856:9,18 57:7,1758:9 59:3,9,2263:19 64:20 82:1486:14 98:11,14

105:20 106:9,17107:6 108:4 109:3109:17 110:1,6,16110:22 113:1,6114:6 141:22142:1 143:1144:10,14,19,20145:9 146:3157:10 158:5,11158:12,16 162:11162:12,17,22163:1,7,12 164:3164:7,9,10,12,21165:10,18 166:15167:3 169:3170:22 205:14206:2,15 207:10209:7 211:2

Vs 85:3,6

WW 85:9wait 52:1,1 93:12

93:12 94:19,1996:15,16,16,16195:21,21

waive 211:15walked 160:17walks 195:9wall 27:17,22 28:1

33:1,11 48:13,1548:18 73:21 74:1387:18,21 127:15128:4 161:18167:10 181:3,3184:4

walls 33:10 113:15Wami 109:19want 4:22 6:10

12:14 13:8 27:1351:16 52:13 69:969:13 71:17 83:697:18 100:2120:14 122:2125:21 132:7138:8 144:9 153:7161:11,13 171:22

180:20wanted 67:4 69:5

72:5 76:18,1978:2 125:19188:16,20,22

wants 60:3warranted 20:10Washington 1:16

21:19 47:21wasn't 27:10 61:18

89:4 91:11 152:20165:21

waste 138:8way 20:12 31:3

47:9 79:18 120:5154:11 156:15172:3,5 181:1182:6 185:14191:4,13 194:18196:10 201:13202:4

ways 78:15 120:3181:16 206:16

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126:15weekend 126:20weeks 36:12 78:2

92:7,8 122:15,16139:11,14 146:6,7

welcome 135:10went 35:16 78:18

80:3 90:20 128:22129:1,20 130:1153:16 161:19

west 37:6we'll 5:17 20:15,18

47:9 123:4 135:6138:7 204:10

we're 17:19 40:2,750:11 54:6,1055:7 58:14 59:1561:9 63:8 66:1068:12 76:2 77:2182:7 91:16 136:19141:12,20 148:17

204:5we've 10:20 74:2

115:7 132:19133:6 148:4 161:4161:5 197:7 201:2211:22

whatsoever 158:4whisper 69:8,11

70:6 71:10 72:573:11 112:11

wife 48:3 67:1576:17

willing 145:22willingness 77:20

142:1 209:9windows 35:18,20

35:21,21 36:2,3,569:12

wish 51:2 162:5183:9 212:8

wished 84:8wishes 50:21withdraw 90:4

92:22withdrawn 100:8witness 5:19 9:18

9:21 11:2,7 12:813:8 14:2,16,1736:14 37:2 40:240:21 41:17 46:146:11 50:13,16,2051:12 52:8,2153:1 55:14,1771:21 72:10,1173:10 74:22 75:980:13 81:1,13,1383:21 89:2 93:793:19 96:7 100:4100:17 101:9,15123:7 149:9,11158:4 159:1

witnessed 52:1169:17 71:22 75:18115:4

witnesses 2:5 5:125:16,20 6:4 14:1814:19 26:17 50:17

69:2 142:7 204:6205:1

witnessing 50:6witnessings 51:17Woodson 2:12 3:16

3:19,20,22 4:8 5:26:5 10:19 12:4,1212:15 15:6,716:13 17:15 18:119:3,12,16 20:6,720:12,13 36:2237:9,13,17,2238:7 39:7,11,1639:17,21 40:9,1241:1,4,8 50:1051:4,20 52:3,6,2052:21 54:11 55:255:3 59:12,13,1960:9,21 61:1365:10 67:18 74:2180:9 81:20 83:1384:5 88:22 89:1289:18 90:1,492:19,20 93:15,2094:5,9,14 95:5,1996:6,19,22 97:598:10 99:2,7,1299:15,18 101:1,4123:3,9,10 124:1124:4,7,11,15125:2,8,14,20126:1,5 133:1,2,7133:10,16 134:2,6134:8,11 141:7,8141:11,18 144:5148:9 149:7155:14 157:22203:11,13,18204:5 207:7,8211:8,13,19 212:3212:6,12,16 214:3214:7

Woodson's 36:2063:10

word 68:5words 122:2 164:20work 21:17,18


44:12 48:10 67:277:20 122:9128:16 163:8167:13

worked 79:19working 78:1

170:15works 120:6

121:14 194:14199:16 200:6202:4

wouldn't 131:17writing 17:1 138:1written 22:13,15

25:3 50:9 53:2256:13 57:4,15,1658:8 62:13 67:978:14 79:5 82:1385:9 144:13 145:7157:14 204:17,18

wrote 64:18,19103:10

Ws 85:3,6

Yyear 48:7 74:19years 176:10yes/no 95:21

Zzone 81:6 106:4

115:14,21Zoning 106:1

115:12

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146:22 207:1011-CMP 213:211-CMP-00175 1:912:30 111:1113th 67:7,8 102:20

107:221316 21:10 106:21318 1:814 82:1514th 1:15 104:6,221442 47:2015 82:15 91:7

144:12 160:13,1615th 8:10 9:2 25:15

26:4 42:13 99:13111:8 115:2126:12,22 128:8130:1,2,14,17148:8 150:22151:3,21 160:15187:17 192:4

150 2:816 16:18 19:4

107:15 207:1917th 51:9 62:6,17

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90 214:293.9 199:17

12.07.11 Mood Lounge ABRA Show Cause Hearing Transcript - Noise Violation

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Transcript of 12.07.11 Mood Lounge ABRA Show Cause Hearing Transcript - Noise Violation