DISTRICT OF COLUMBIA + + + + + ALCOHOLIC BEVERAGE …€¦ · Case # 15-251-00057 Mahogany, LLC,...

(202) 234-4433 Washington DC www.nealrgross.comNeal R. Gross and Co., Inc.

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DISTRICT OF COLUMBIA

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ALCOHOLIC BEVERAGE CONTROL BOARD

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FACT FINDING HEARING

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IN THE MATTER OF:

Case # 15-251-00057Mahogany, LLC,t/a Liv Nightclub2001 11th Street NWLicense #74894Retailer CNANC 1B

April 1, 2015

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The Alcoholic Beverage Control Board met inAlcoholic Beverage Control Hearing Room, ReevesBuilding, 2000 14th Street N.W., Washington,D.C., Ms. La Verne Fletcher, Agent, presiding.

PRESENT:RUTHANNE MILLER, ChairpersonNICK ALBERTI, MemberDONALD BROOKS, MemberHECTOR RODRIGUEZ, MemberMICHAEL SILVERSTEIN, MemberJAMES SHORT, MemberHERMAN JONES, Member


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ALSO PRESENT:

Jason Peru, Investigator, ABRA

Sergeant Harris, U Street Corridor


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

2 (3:54 p.m)

3 CHAIRMAN MILLER: Okay, first of all

4 very sorry to have kept you waiting. I'm going

5 to call Case No. 15-251-00057 in reference to

6 Live -- Liv Nightclub located at 2001 11th Street

7 NW, License No. 74894 in ANC 1B, and this

8 involves an incident that occurred at the

9 establishment involving an assault with a deadly

10 weapon.

11 This is what we call a fact-finding

12 hearing as opposed to an evidentiary hearing.

13 We're not putting anybody under oath and we're

14 not going to be taking any punitive action or

15 anything like that as a result of what transpires

16 at this fact finding.

17 It's an effort to find out more

18 information about what may have happened.

19 Sometimes it also leads to an establishment

20 voluntarily taking some actions to correct a

21 situation that may have led to a bad incident.

22 And then the other thing I can say is that


4

1 sometimes, based on what we hear, we may send the

2 case to the Office of the Attorney General for

3 them to pursue a Show Cause action.

4 So those are basically some of the

5 outcomes of a fact finding hearing like this and

6 in this case I have noted that Chief Lanier

7 actually requested that we have this hearing.

8 And that doesn't happen all that often so I think

9 when she does that she has some serious concerns

10 that she wants us to pay attention to and find

11 out more about. So that's why we're here, why

12 you're here.

13 And if I could start with some

14 introductions, for the record, Mr. Peru, do you

15 want to start?

16 INVESTIGATOR PERU: Investigator Jason

17 Peru with ABRA.

18 CHAIRMAN MILLER: Okay, thank you.

19 SERGEANT HARRIS: Sergeant Harris.

20 CHAIRMAN MILLER: Sergeant O'Hara?

21 SERGEANT HARRIS: Focus beat

22 Sergeant.


5

1 CHAIRMAN MILLER: I'm sorry?

2 SERGEANT HARRIS: Out of the U Street

3 Corridor.

4 CHAIRMAN MILLER: You do the beat on

5 the U Street Corridor?

6 SERGEANT HARRIS: Yes.

7 CHAIRMAN MILLER: Okay, thank you.

8 MR. BROUND: Omroun Bround, owner Liv

9 Nightclub.

10 MEMBER ALBERTI: What is the

11 sergeant's name?

12 CHAIRMAN MILLER: Harris.

13 MEMBER ALBERTI: Hmm?

14 CHAIRMAN MILLER: Harris. Okay, so

15 what we would normally do is in a case like this

16 we either start with Mr. Peru or Sergeant Harris,

17 whoever has more of the facts about what happened

18 the night of the incident. And this one would be

19 Saturday, March 7, 2015. However you want to

20 proceed.

21 SERGEANT HARRIS: I had came to the

22 scene of the ADW the night that it occurred. I


6

1 rode with Officer Daryl Marine who actually

2 handled the report had called for officers to

3 come to assist that night.

4 Pretty much when I got to the scene

5 one of the individuals had several lacerations.

6 He was laying on the bench of the bus stop. The

7 other individual who also was assaulted in

8 reference to this case, he was taken to a

9 hospital by friends. So he wasn't on the scene

10 when we got there.

11 The facts that I gathered aside from

12 this report was that some type of verbal dispute

13 occurred where they were leaving the

14 establishment or some time before they were

15 leaving the establishment and the actual assault

16 took place in the parking lot area.

17 We didn't really get a suspect. We

18 only had the lookout for the suspect in reference

19 to the case.

20 CHAIRMAN MILLER: Okay, anything else you

21 wanted to say now?

22 SERGEANT HARRIS: I don't have


7

1 anything else to add. I just wanted to give you

2 --

3 CHAIRMAN MILLER: Right.

4 SERGEANT HARRIS: -- my knowledge of

5 the case.

6 CHAIRMAN MILLER: Is that it with the

7 suspect or is there anything later that, you

8 know, did they find the suspect? Did they --

9 SERGEANT HARRIS: Nothing later that

10 I found. I still was actually reviewing the case

11 here.

12 CHAIRMAN MILLER: Right, okay. Mr.

13 Peru?

14 INVESTIGATOR PERU: So I got assigned

15 this the day -- I guess it happened on the

16 morning of March 7th. I was assigned it later on

17 that evening --

18 CHAIRMAN MILLER: Mm-hmm.

19 INVESTIGATOR PERU: -- when I came

20 into work. So I went out to the establishment,

21 of course, and immediately tried to see if they

22 had video to try to find out what occurred. I


8

1 met with the owner. And I want a correction to

2 my report, a misunderstanding when I spoke with

3 him on scene. I thought he was actually working

4 the night of the incident. He was not. He had

5 all the information that I needed of the incident

6 but he was actually not physically there that

7 night. He told me this actually

8 today when we spoke so I wanted to just make a

9 correction on that. However, he had knowledge of

10 what occurred. He said that the event was at the

11 21 and over. They had a Black Alley band that

12 was playing that night.

13 And to his knowledge what happened was

14 everything happened in the parking lot next door

15 to the establishment once the pub was closing. I

16 did speak to the head of security though who

17 couldn't be here today. He was working the night

18 of the incident and he stated that throughout the

19 night there was no other problems.

20 He mentioned an incident with an

21 individual who had gone on stage and grabbed the

22 mic off stage that they had to escort out. And I


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1 reviewed video and confirmed that that's what

2 happened with that one individual approximately

3 one hour earlier.

4 I looked at video throughout that whole

5 night and that time period and at no time in the

6 video inside the establishment could I see any

7 type of altercation. As you can imagine, there's

8 no -- the video for the establishment is shooting

9 the front door of the establishment on the

10 sidewalk area of their place but does not carry

11 over, you cannot see in the distance of the

12 parking lot next door where the actual fight

13 broke out, which I guess at some point ended up

14 in the street as well and people were injured.

15 So what I was able to gather from the

16 head of security was he heard -- this guy was

17 standing outside which video kind of ties back to

18 what he told me. One security officer kept

19 standing outside sees an altercation start to

20 happen next door in the parking lot.

21 The head of security told me they like

22 to kind of like monitor that area as well because


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1 a lot of their patrons park in that parking lot

2 and that the parking attendant carries a lot of

3 cash on him and is there by himself. So they

4 kind of keep an eye on him too even though it's

5 not their jurisdiction. They just kind of watch

6 over him.

7 So the security officer standing

8 outside goes in, gets everybody, gathers more

9 security officers to go next door. They start

10 walking next door and when they get close enough

11 to where they see the fight in the parking lot

12 they see the suspect waiving a knife around, a

13 knife above his head.

14 At that point he said he backed the

15 security officers off, you know, because they're

16 unarmed, to not get anybody injured. He said he

17 sent a security officer up the street. Around

18 the corner there's a 7-Eleven and he said he knew

19 that a lot of MP officers would be standing out

20 there with their bikes or hanging out at that

21 corner.

22 So he went up the street to contact


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1 one of them and at the same time he said he had

2 another security officer contact, call PD and 11.

3 So with all that information said, then MP

4 responded and then they -- but by that point, the

5 suspect of course had took off running.

6 So I was able to, I mean, everything

7 that I gathered from the MPMPD officer that wrote

8 their report, from the owner, Mr. Bround, from

9 the head of security -- the -- I couldn't put any

10 prior altercation to the inside of the

11 establishment from our standpoint, from ABRA's

12 standpoint. I couldn't tie that back in.

13 Now I think it's pretty obvious the

14 patrons were from Liv. They were patrons at Liv

15 and they were leaving out because the club was at

16 that, during that time that the incident

17 occurred, the club was letting out. And you can

18 see clearly in the entrance that people are

19 leaving. It wasn't like a group just by

20 themselves went out. It was kind of a good flow

21 of people coming out at the same time.

22 So that's all really I was able to


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1 gather.

2 CHAIRMAN MILLER: So the suspect with

3 the knife, I mean, was there any indication, you

4 know, like how long he'd been outside of the

5 establishment? Getting to the question of

6 whether he could have gotten his knife from his

7 car kind of scenario that we hear about or

8 whether or not we should assume that he had a

9 knife inside the establishment.

10 INVESTIGATOR PERU: I saw on video

11 that they do do pat-down at the door.

12 CHAIRMAN MILLER: They did that?

13 Okay.

14 INVESTIGATOR PERU: Security told me

15 that and I could confirm that on the video.

16 CHAIRMAN MILLER: Okay.

17 INVESTIGATOR PERU: I did see that.

18 So that was consistent. So whether it was a

19 knife that was missed or he went to his vehicle

20 in that same parking lot and retrieved it, that's

21 unknown information, to myself at least.

22 CHAIRMAN MILLER: Okay. Questions?


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1 May I say, there aren't any other establishments

2 -- go ahead.

3 MEMBER ALBERTI: I'm sorry. I do have

4 a question.

5 CHAIRMAN MILLER: Well can I finish my

6 question?

7 MEMBER ALBERTI: I'm sorry. I

8 apologize.

9 CHAIRMAN MILLER: Are there any other

10 establishments in the area other than Liv?

11 SERGEANT HARRIS: Yes.

12 INVESTIGATOR PERU: Yeah, there's

13 quite a few.

14 CHAIRMAN MILLER: So close enough that

15 this individual could have come from another

16 establishment?

17 INVESTIGATOR PERU: It's a public

18 parking lot so --

19 CHAIRMAN MILLER: Right, could come

20 from anywhere.

21 INVESTIGATOR PERU: I guess we can

22 look at that that way, but it's, you can say that


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1 the person parked there and went to any place on

2 U Street. So at that corner, that area, yes.

3 CHAIRMAN MILLER: Okay, yes, you have

4 a question? Go ahead.

5 MEMBER ALBERTI: Sorry, judge. As far

6 as a knife-wielding individual I think you just

7 asked if he was identified by camera. Did you

8 just --

9 CHAIRMAN MILLER: No, go ahead.

10 MEMBER ALBERTI: No, so there were

11 cameras, right, at the entrance?

12 INVESTIGATOR PERU: There's one camera

13 outside that's facing the entrance of the

14 establishment, yes.

15 MEMBER ALBERTI: Was the knife-

16 wielding individual identified at all?

17 INVESTIGATOR PERU: No, the MPD had an

18 unknown suspect. A description I got from the

19 security guard that's in the report, he described

20 to be a, you know, a big guy, tall guy, lighter

21 skinned. But that's all that he had. There was

22 no way to tie that individual or suspect with


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1 that information back to Liv.

2 MEMBER ALBERTI: Okay. Thank you.

3 Thank you.

4 CHAIRMAN MILLER: Anybody else? Okay,

5 Mr. Bround, do you want to add something?

6 MR. BROUND: Yeah, I think I might be

7 able to add a little bit of information.


9 MR. BROUND: I think it was, when I

10 spoke to Investigator Peru following the event,

11 one of the questions was whether or not MPD

12 initially, I think did not have a record of a 911

13 call. I did check back with our staff and our

14 head of security had called twice at 2:07 to 911

15 from his personal cell phone. I did get that

16 record for sure but I wasn't sure if MPD still

17 had questions about that.

18 Investigator Peru already clarified

19 that I was not at the establishment but the

20 report states that. There was one of our

21 security guards, I think -- and this is,

22 obviously this is removed, but our head of


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1 security mentioned that somebody thinks he may

2 have seen the gentleman that had the knife get

3 handed the knife in the parking lot by a woman. I

4 don't know if this is his girlfriend but

5 definitely by a woman coming from a car.

6 I think the initial interaction

7 between individuals was, what, between two cars

8 or near two cars. And so I think the fight

9 initially started without a knife and then he was

10 handed the knife. Obviously I didn't witness

11 that but --

12 CHAIRMAN MILLER: Who said that?

13 MR. BROUND: This would have been one

14 of my security guards. I'm not sure, Trayvon

15 Smith, who couldn't be here --


17 MR. BROUND: -- would be able to

18 identify who did say that. But that was a

19 question. CHAIRMAN MILLER: But Trayvon

20 Smith said it or he was told by somebody else?

21 MR. BROUND: He was told that by one

22 of our other security guards.


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1 CHAIRMAN MILLER: Oh, by another

2 security guard, okay.

3 MR. BROUND: As far as the event

4 itself this is a band that's played almost every

5 single Friday for the last two and a half years.

6 We never had events like this in the past.

7


9 MR. BROUND: So it's unclear to us

10 what exactly has gone on. Investigator Peru, I

11 think, in answering your question, we definitely

12 do have a relatively frequent occasion to go next

13 door and break up either verbal arguments between

14 different customers in the parking lot or between

15 the operators of the parking lot and customers.

16 Frequently, obviously, people are drunk. It's 3

17 o'clock in the morning. It's a cash-only

18 business, et cetera.

19

20 So the parking lot we do find, have

21 some issues. We could not determine, our

22 security staff mentioned a guy they all saw this


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1 guy in plain -- the parking lot's well lit. They

2 definitely saw -- the did not recognize him.

3 Most of the patrons that come on Fridays are

4 pretty regular.

5 But either way -- and I think, you know, the

6 last thing I have to add is we met with the

7 people that throw the event on Friday and kind of

8 came to a decision we're no longer presenting

9 that band currently on Fridays. So we're not

10 quite sure. We couldn't determine -- they did

11 not know all the parties involved one way or the

12 other. But we just made a decision that until

13 we figure more about what's going on that we're

14 going to try to figure out what else we're doing

15 on Fridays.

16 CHAIRMAN MILLER: So you're not using

17 this band at all or just not on Fridays?

18 MR. BROUND: Well, they didn't play on

19 the other nights but yes. Yeah, not at all.


21 MR. BROUND: We don't feel like this

22 was necessarily a function of that event. It's


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1 possible, obviously, but we can't say one way or

2 the other. But to be safe we felt like it was

3 probably best, at least for the time being, to

4 figure out another solution at least until maybe

5 MPD maybe finds its suspect and we realize what's

6 going on. We can make more of a determination at

7 that point.

8 CHAIRMAN MILLER: Okay. You said you

9 haven't had these problems in the past, right?

10 But also that there are problems at the parking

11 lot. Is is just that they're just a lesser

12 scale?

13 MR. BROUND: Yeah, I would say that.

14 Although there was a serious -- it was beyond the

15 parking lot, but like Investigator Peru said,

16 people from all over U Street park in that

17 parking lot. So -- and the neighborhood parking

18 and there's people walking up and down the block,

19 so it's not very clear what could be done. I

20 don't know what else you could do.

21 But it definitely is -- it's a time of

22 night that generally, if you were to take


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1 problems in a time scale, almost all the problems

2 happen towards the end of the night. And part of

3 it is some people are drunk or they're tired.

4 And they double-park cars. Sometimes we've had a

5 customer come back over there, pissed off that

6 their car's damaged or any number of things.

7 So it's not an easy operation, a

8 parking lot. There's a new company now but both

9 companies have had an Ethiopian operator. Both

10 of them have a good disposition but it's a tough

11 thing to deal with the general public at that

12 time. Sometimes people aren't super excited

13 about broken English. So we do our best to try

14 to help things go smoothly over there but

15 generally things are not this wild, for sure.

16 CHAIRMAN MILLER: Do you think that

17 that lot needs more security? You said it was

18 well lit.

19 MR. BROUND: It's definitely well lit.

20 I don't know -- from the testimony, no one didn't

21 know this individual didn't have a knife. It was

22 plainly visible to people. And the fight


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1 continued. So I'm not quite sure what security

2 would have done surrounding that, and MPD

3 responded very quickly.

4 And it was great that they were right

5 there around the corner at 7-Eleven. I'm not

6 quite sure what to say about that. I think in

7 some ways from their perspective maybe but I'm

8 not quite sure exactly what would -- in terms of

9 thinking about parking lots I don't know what

10 that would look like.

11 CHAIRMAN MILLER: Okay, another

12 question for Mr. Bround. Yes, Mr. Short.

13 MEMBER SHORT: Good afternoon, Mr.

14 Brown. Mr. Brown, how many years have you been

15 in business there?

16 MR. BROUND Nine.

17 MEMBER SHORT: Nine years?

18 MR. BROUND Well, going on nine, yeah.

19 MEMBER SHORT: And pretty much, it's

20 quiet? You don't have a lot of disturbances or

21 fights?

22 MR. BROUND No.


22

1 MEMBER SHORT: Have you had any in

2 previous years?

3 MR. BROUND We have had, I don't know,

4 inside the establishment, almost always

5 arguments. I don't know if we've ever had

6 somebody get punched or assaulted in the

7 establishment. You know, we've definitely broken

8 up fights, you know, before they happen. You can

9 definitely see that, and we --

10 MALE PARTICIPANT: Mr. Short, can you

11 please turn your mic on?

12 MEMBER SHORT: Sorry. What is your

13 capacity, Mr. Brown?

14 MR. BROUND We are -- I think we're

15 200. We've got two floors.

16 MEMBER SHORT: What's posted on your

17 wall? 200?

18 MR. BROUND 201 maybe, something like

19 that.

20 MEMBER SHORT: Okay, 200.

21 MR. BROUND Or just under 200.

22 MEMBER SHORT: Your security, how many


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1 security do you have?

2 MR. BROUND Depends on the night. As

3 many, we've had as many as seven or eight. On

4 the night in question, I think we had five or --

5 between five and seven were on that night.

6 MEMBER SHORT: How many people were

7 there that night? Were you at capacity?

8 MR. BROUND They averaged probably

9 around 200.

10 MEMBER SHORT: So you were at capacity

11 that night?

12 MR. BROUND Close, yeah.

13 MEMBER SHORT: But you only had five

14 security --

15 MR. BROUND Well, the seven would

16 include the other two doors. So --

17 MEMBER SHORT: But I mean, let me

18 start over again.

19 MR. BROUND If we're just talking about --

20 MEMBER SHORT: How many security did

21 you have?

22 MR. BROUND -- we had five, which is,


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1 that's the maximum that we include there, because

2 we operate two other businesses right next door,

3 and we generally have a guy at each door. So the

4 seven would be maximum, five would be maximum for

5 that space alone. But obviously, if we have an

6 incident, we have other security, you know, on

7 hand.

8 MEMBER SHORT: The parking lot, who

9 owns it?

10 MR. BROUND Industrial Bank. They

11 lease it to a parking company in the evenings.

12 Most nights of the week, they operate that. I

13 think City Park U.S.A. is the name of the company

14 that operates at night, currently.

15 MEMBER SHORT: So the bank is directly

16 across the street from you?

17 MR. BROUND Correct.

18 MEMBER SHORT: I just had to ask this

19 question. The reason why we're here today is

20 because the chief of the Metropolitan Police

21 Department asked us to have you in. And why

22 would you think the chief of police, Chief


25

1 Lanier, would want us to have you here for a fact

2 finding hearing?

3 MR. BROUND I would imagine she's

4 concerned about, you know, a serious violence

5 incident. You know, I would echo the same. You

6 know, obviously this is not something that we see

7 on a regular basis. To the end that we have

8 events that we feel like -- that approach us that

9 we feel like might be a risk, we do not do them.

10 We've been there for, like I said, for

11 nine years. We have not had, you know, a lot of

12 violent incidents or many at all. So.

13 MEMBER SHORT: Well, let me stop you

14 right there. Let me ask you this. Now since

15 you're here today, and since you had the

16 incident, and now since we know that maybe the

17 board are a little closer on your business and on

18 that area, are you going to be doing anything

19 different than you did the night of this

20 incident?

21 MR. BROUND On the night of the

22 incident, you know, within the club itself, we


26

1 didn't have any altercations.

2 MEMBER SHORT: No fights inside the

3 club that night?

4 MR. BROUND There were no fights

5 inside. As Investigator Peru said earlier, we

6 only escorted one gentleman out who had grabbed

7 the microphone, you know, while the band wasn't

8 on stage that --

9 MEMBER SHORT: Did anybody know this

10 gentleman? Was he a regular?

11 MR. BROUND I think -- I'm not sure if

12 he was a regular. I couldn't answer that

13 question. MEMBER SHORT: Okay.

14 MR. BROUND He was not one of the

15 people involved in this incident. It happened

16 about an hour previous.

17 MEMBER SHORT: Okay.

18 MR. BROUND You know, we have stopped

19 presenting this band, just in case both parties -

20 -

21 MEMBER SHORT: So that's one thing

22 different you're doing.


27

1 MR. BROUND Absolutely.

2 MEMBER SHORT: Is there anything else

3 different that you're going to do?

4 MR. BROUND I did sit down with my

5 security, everybody who was working that night in

6 addition to the rest of the security staff, and

7 we discussed everything that happened. You know,

8 obviously, you know, the one piece that we did

9 was try to do -- see if we could figure out --

10 identify any of the parties, even if they weren't

11 involved in the fight.

12 There were some women out in the

13 parking lot, et cetera, just to make sure that

14 we didn't allow any of the individuals involved,

15 you know, back in the club . But at the same

16 time, you know, what we felt like until we had

17 more information, we decided not to do the event

18 anymore. So.

19 MEMBER SHORT: That's the only thing

20 different you're doing is not having that band?

21 MR. BROUND We couldn't find any fault

22 with -- we did review, you know, what our


28

1 security did on the night of. You know, I

2 really, I don't know how we could get MPD there

3 faster. I don't know, you know, I did not find

4 fault with them not, you know, trying to, you

5 know, interface with the gentleman with the

6 weapon.

7 MEMBER SHORT: Okay, so you have

8 critiqued this with your staff.

9 MR. BROUND Yes.

10 MEMBER SHORT: And the only thing

11 different you're going to do is make this band?

12 MR. BROUND Yeah. I mean, we did not,

13 you know, we use a metal wand, as well, in terms

14 of metal detecting. So, we're comfortable that

15 there was no weapon in the building, from our

16 perspective. We pat down and use a metal

17 detector, a wand.

18 MEMBER SHORT: Okay. I don't want to

19 drag this out any longer. Thank you for pleading

20 your chance.

21 MR. BROUND Sure.

22 MEMBER SHORT: Madam Chair, that's all


29

1 I have at this time.

2 CHAIR MILLER: Thank you. All right.

3 Others? Mr. Alberti?

4 MEMBER ALBERTI: Very quickly, Mr.

5 Brown. First of all, I want to commend you for

6 taking the -- making the decision in the

7 preventative step of not having this band there

8 in the future. But I have to ask, what was the

9 name of the band?

10 MR. BROUND Black Alley.

11 MEMBER ALBERTI: Black Alley? Okay.

12 Thank you.

13 CHAIR MILLER: Others? Given the

14 problems in the parking lot, I was wondering if

15 you all considered having a camera that could

16 capture what goes on in that parking lot.

17 MR. BROUND That's not a bad idea. I

18 think -- well, maybe it hasn't sold yet, but I'm

19 pretty sure that lot is being sold. So, you

20 know, it won't be a problem forever. But that's

21 not a bad idea, so we can research doing that.

22 I'm not sure how much resolution it would have.


30

1 I guess -- and to further -- and this

2 comes to mind, to further answer your question,

3 there's also a good shot of every individual

4 that's come and gone at the top of the stairwell.

5 That's the only entrance and exit, outside of our

6 fire exit, that people come and go. So there's a

7 real clear shot of everybody who's come in and

8 left the establishment, you know, facially.

9 But that's, you know, that's something

10 we can consider, as we don't own or lease --

11 CHAIR MILLER: I know that.

12 MR. BROUND -- the building that's on

13 that side. So there's actually a building

14 adjacent to us --

15 CHAIR MILLER: Oh, in between?

16 MR. BROUND -- we don't actually own

17 that building, so we'd have to probably get the

18 permission to put a camera on their building, but

19 --

20 CHAIR MILLER: What building is that?

21 MR. BROUND 2003. Our landlord owns

22 that building, as well. But it's not --


31

1 CHAIR MILLER: Okay.

2 MR. BROUND -- we don't lease that

3 building.

4 CHAIR MILLER: What is it used for?

5 MR. BROUND There's a clothing store

6 in it, and I think there's an office upstairs.

7 CHAIR MILLER: Okay. So, but you're

8 saying the camera would have to be on the other

9 building? Or other --

10 MR. BROUND Yeah, if you put a camera

11 on our building, you really wouldn't -- you'd be

12 able to see maybe the first quarter of the

13 parking lot.


15 MR. BROUND But you wouldn't have

16 visibility of it.

17 CHAIR MILLER: Okay. Sergeant Harris,

18 I was just wondering, you did the -- you walk the

19 beat there?

20 SERGEANT HARRIS: I am the sergeant of

21 the officers who patrol that beat.

22 CHAIR MILLER: Oh, okay.


32

1 SERGEANT HARRIS: I send my officers

2 out on foot or on a mountain bike. And I also

3 patrol, in my scout car, the U Street corridor.

4 As far as Live is concerned, since I have been at

5 the Third District, I have not had many calls for

6 that area.

7 And if my officers are in the parking

8 lot area --

9 CHAIR MILLER: Right.

10 SERGEANT HARRIS: -- the clubs are

11 letting out, because we have Bohemian Caverns

12 there, too, they do try to, you know, help

13 disperse the crowd if, you know, they're needed

14 to do so. But I haven't really got any calls for

15 Live. That was maybe the second time I've had to

16 respond over to Live, but that was a more serious

17 incident versus the prior time I've been over

18 there.

19 CHAIR MILLER: Okay. So is it your

20 opinion, too, that there is somewhat of an issue

21 with the parking lot being the scene of fights?

22 SERGEANT HARRIS: As far as the


33

1 parking lot, as I said, I have not gotten many

2 calls --


4 SERGEANT HARRIS: -- and my officers

5 have not reported anything as far as the parking

6 lot is concerned. Now, if the security has had

7 issues in the parking lot, they didn't notify

8 myself or they didn't call 911 for anything, so

9 they must have handled that under their own

10 security staff.

11 But the only other incident I've been there

12 for was just a disorderly call, which the

13 security called us, and we pretty much helped

14 them get the individual out of there. But other

15 than that, I have not had any calls from that

16 area.

17 CHAIR MILLER: Okay. So if Mr. Brown

18 were to call you in the future and say, you know,

19 this is a place where there is trouble often,

20 would you be able to beef up patrol of that area

21 at closing time? Or, is that --

22 SERGEANT HARRIS: I can definitely


34

1 have my officers pay special attention to it.

2 That would not be a issue at all, because as I

3 said, we have officers in the area, and there are

4 officers specifically assigned to certain blocks.


6 SERGEANT HARRIS: So if that's

7 something that he would like, I can definitely

8 have my officers come down and help out when

9 they're having the let out.

10 CHAIR MILLER: Okay, thank you. Yeah,

11 Mr. Rodriguez?

12 MEMBER RODRIGUEZ: Yeah, so Mr. Brown,

13 let me get back to you. You said that you're not

14 going to use this band anymore, right?

15 MR. BROUND Correct. Or at least, you

16 know, we don't want to --

17 MEMBER RODRIGUEZ: Right, you don't

18 want to implicate the band. I know, I understand

19 that. MR. BROUND Absolutely.

20 MEMBER RODRIGUEZ: I understand that.

21 But how long have you used this band?

22 MR. BROUND They've been every Friday


35

1 for two and a half years.

2 MEMBER RODRIGUEZ: Two and a half

3 years? So have you had a sense that maybe

4 there's a new crowd moving into the area, or

5 using -- does this band -- obviously if you've

6 had the band for a while, you would know if they

7 were attracting a new crowd.

8 MR. BROUND Yeah, you know, the

9 individual that -- the suspect is somebody we've

10 never seen before. And I think even in the

11 statements that MPD received, security did not

12 remember him having come in the club that night,

13 and they all got a good look at him. We do --

14 sometimes you can kind of feel more tension in a

15 crowd.

16 MEMBER RODRIGUEZ: Right.

17 MR. BROUND We have not had that. But

18 U Street is rapidly changing.

19 MEMBER RODRIGUEZ: Yes.

20 MR. BROUND So what is happening on U

21 Street as a whole obviously affects everyone. So

22 to that end, with the crowd coming to see the


36

1 band themselves, no. With U Street as a whole,

2 yes. MEMBER RODRIGUEZ: Okay.

3 MR. BROUND Although I would not say

4 that we've felt like there's been more tension on

5 U Street, necessarily.

6 MEMBER RODRIGUEZ: Right.

7 MR. BROUND Just changes, as a whole.

8 MEMBER RODRIGUEZ: Okay.

9 MR. BROUND And to clarify, Ms.

10 Miller, the incidents that are in the parking lot

11 are not very serious.


13 MR. BROUND They generally are

14 arguments, either between patrons, or somebody's

15 mad because it's taken 15 minutes to get their

16 car, or 20 minutes, or something like that.


18 MR. BROUND But they're generally not

19 physical.

20 CHAIR MILLER: Okay. But what I did

21 hear Sergeant Harris say, which I thought was

22 great, that if you do perceive of problems in


37

1 certain areas outside, that you should call them

2 --

3 MR. BROUND Absolutely.

4 CHAIR MILLER: -- and talk about it.

5 Okay. Great. Thank you.

6 MEMBER RODRIGUEZ: Sergeant Harris,

7 hi. My question is about gang activity. You've

8 patrolled this area for a while. Have you had

9 any reports of any gang activity in that area?

10 SERGEANT HARRIS: No, I have not had

11 any reports of any gang activity within the U

12 Street corridor at all.

13 MEMBER RODRIGUEZ: Okay. Thank you,

14 Sergeant.

15 CHAIR MILLER: Other questions? Mr.

16 Peru, do you have anything more you want to add?

17 We haven't talked with you for a little bit.

18 INVESTIGATOR PERU: No, it's fine.

19 No, I mean, like the Sergeant said, me

20 personally, I have not had calls to the

21 establishment, as well. I mean, I'm willing to

22 add that, as well. I have not been there for any


38

1 other major incidences at all.

2 CHAIR MILLER: Okay. All right.

3 Okay. Well, based on what I've heard, I wouldn't

4 be recommending any further action be taken with

5 respect to your establishment. It sounds like

6 you did the right things.

7 So I guess if you were to do anything

8 with respect to a camera, do you have a security

9 plan on file?

10 MR. BROUND We do.

11 CHAIR MILLER: So you could --

12 MR. BROUND We would update where the

13 --

14 CHAIR MILLER: Update.

15 MR. BROUND -- camera would show,

16 yeah.


18 MR. BROUND We'd have to add the

19 parking lot --


21 MR. BROUND -- into a diagram, but.

22 CHAIR MILLER: If you decide to do


39

1 that, and so I think this was a fruitful hearing

2 for us, and I hope that you all will continue to

3 talk and take whatever preventative action you

4 may deem, you know, appropriate. And I hope that

5 this was a one time thing.

6 MR. BROUND Me too.

7 CHAIR MILLER: Okay. Any questions

8 here for us?

9 MR. BROUND No.

10 CHAIR MILLER: Okay. Thank you very

11 much for coming down. We appreciate your time.

12 (Whereupon, the above-entitled matter

13 went off the record at 4:25 p.m.)

14

15

16

17

18

19

20

21

22



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DISTRICT OF COLUMBIA + + + + + ALCOHOLIC BEVERAGE …€¦ · Case # 15-251-00057 Mahogany, LLC,...

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Transcript of DISTRICT OF COLUMBIA + + + + + ALCOHOLIC BEVERAGE …€¦ · Case # 15-251-00057 Mahogany, LLC,...