DISTRICT OF COLUMBIA + + + + + MEETING IN THE MATTER OF: · (202) 234-4433 Washington DC Neal R....

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

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

IN THE MATTER OF: : :AMR, LLC :t/a Stroga : Fact-1808 Adams Mill Road, NW : FindingANC-1C : Hearing :(Request for an Expedited :Hearing Related to Board :Order No. 2014-477) :

January 7, 2015

The Alcoholic Beverage Control Boardmet in the Alcoholic Beverage Control HearingRoom, Reeves Building, 2000 14th Street, N.W.,Suite 400S, Washington, D.C. 20009, ChairpersonRuthanne Miller, presiding.

PRESENT:

RUTHANNE MILLER, ChairpersonNICK ALBERTI, MemberDONALD BROOKS, MemberMIKE SILVERSTEIN, MemberHECTOR RODRIGUEZ, MemberJAMES SHORT, Member

ALSO PRESENT:

ABYIE GHENENE, ABRA Investigator


2

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

2 10:21 a.m.

3 CHAIRPERSON MILLER: Okay. There is

4 a Fact-Finding Hearing scheduled for Stroga

5 located at 1808 Adams Mill Road, N.W., in ANC-1C.

6 MEMBER ALBERTI: Mr. Ghenene, you

7 weren't expecting company, were you?

8 INVESTIGATOR GHENENE: Not at all.

9 MEMBER ALBERTI: It's okay. It's all

10 right.

11 CHAIRPERSON MILLER: So okay. First

12 of all, I would like the parties, it's not really

13 parties, but the participants here, because this

14 isn't a contested hearing, to identify themselves

15 for the record.

16 MR. KLINE: Good morning, Members of

17 the Board. Andrew Kline on behalf of AMR. Happy

18 new year, Madam Chair.

19 CHAIRPERSON MILLER: Happy new year.

20 MEMBER ALBERTI: Happy new year.

21 MS. STEELE: Good morning. My name is

22 Sarah Steele. I'm a consultant that works with


3

1 AMR, LLC.

2 CHAIRPERSON MILLER: Okay. And over

3 here?

4 INVESTIGATOR GHENENE: Sure. Good

5 morning. ABRA Investigator Abyie Ghenene. And

6 I'm here representing Erin Mathieson, who used to

7 be an ABRA Investigator.

8 CHAIRPERSON MILLER: Okay.

9 MR. GUTHRIE: Ted Guthrie for the ANC-

10 1C.


12 MR. BERNDT: Luke Berndt, 18th and

13 Albert Street, a neighbor of Stroga.

14 CHAIRPERSON MILLER: Okay. So this

15 hearing was called as a result of -- first of

16 all, the Board issued an order to cease and

17 desist and summary suspension of event site in

18 Board Order No. 2014-477, basically halting all

19 events with alcohol at the site.

20 And Ms. Steele asked for an expedited

21 hearing on the cease and desist. And the Board

22 scheduled a hearing for today, at this time.


4

1 Now, my understanding is, and I'll see

2 what the parties are prepared to do, we may not

3 necessarily have a full-blown hearing on this

4 case, but may hear from you all and then

5 determine next steps.

6 But let me start with Mr. Kline.

7 MR. KLINE: Yes.


9 MR. KLINE: If I may, Madam Chair, I

10 understand the Board's concerns about this event-

11 catered site and I certainly understand the

12 Board's concerns when it appears that an order of

13 the Board has been violated. And we are today

14 prepared to address those concerns on an ongoing

15 basis and if the Board desires, we have a

16 proposed program that we would like to present to

17 the Board.

18 But before I get to that, I think I've

19 got to speak a little bit about process because

20 the process that we have here is not as required

21 by the statute or the regulation. We seem to be

22 way outside what is required by the law.


5

1 First of all, and again in making

2 these arguments, I want to be very clear that I

3 in no way intend to minimize the Board's concerns

4 about the situation and what went on. But just

5 like licensees and others who are involved in the

6 service of alcohol over whom the Board has

7 jurisdiction, just like they have to follow the

8 rules, the Board certainly has a set of rules in

9 the statute with which it must comply.

10 What happened in this case, as I

11 understand it, is we had an order that purported

12 to be a summary suspension, although there was no

13 licensee, and we had a Cease and Desist Order,

14 which I believe was issued pursuant to D.C. Code

15 Section 25-829.

16 Now, under 25-829, which is the

17 provision that governs this order, if there is a

18 request for -- an expedited request for hearing,

19 there is supposed to be a hearing within 10 days.

20 And the service of the order was made by regular

21 mail. It wasn't made in accordance with the

22 Board's Regulations requiring that there be


6

1 personal service or service by registered or

2 certified mail.

3 Fortunately, AMR received it, so it's

4 not -- it's still an issue in terms of process,

5 but it was received and it was immediate -- there

6 was an immediate request for a hearing. And

7 under 25-829 when it is an expedited situation,

8 that hearing is supposed to occur within 10 days

9 after service of the order.

10 So I mean from -- and then what is

11 supposed to happen is there is supposed to be a

12 Contested Case Hearing. Specifically, 25-829

13 provides that the Board shall conduct a hearing

14 in accordance with the procedures set forth in

15 sub-Chapter 1 of Chapter 5 of Title 2, that's the

16 Administrative Procedures Act. Those are the

17 provisions governing Contested Case Hearings.

18 Now, a Fact-Finding Hearing, which

19 ultimately was scheduled in this case, is

20 specifically not a Contested Case Hearing. Under

21 1611, it is listed as a non-contested case

22 hearing. So from a process standpoint, we are


7

1 nowhere.

2 Now, in terms of the underlying order,

3 the underlying order is flawed on its face. If

4 we concede, which we don't, but for purposes of

5 discussion, that the summary suspension

6 proceedings apply to someone who is not a

7 licensee, and I don't know how you can summarily

8 suspend someone's license who is not a licensee,

9 what is required is a finding that the activities

10 present an imminent danger to the health and

11 safety of the public.

12 Now, the order on its face says that

13 the Board finds that this illegal activity may

14 inflict immediate and irreparable harm. And

15 that's far short of presenting imminent harm. It

16 then goes on to make further statements.

17 So from a process standpoint, we have

18 questions whether this order is even legal. The

19 licensee was entitled -- if it is legal, the

20 licensee -- not the licensee. I beg your pardon.

21 AMR was entitled to a hearing within 10 days.

22 And the Board has sua sponte ex parte entered


8

1 this order without a hearing.

2 Now, orders by the Board without

3 hearings and under administrative procedural law

4 in all cases due process normally requires that

5 one have a hearing before action is taken.

6 Now, when there is imminent danger,

7 there are exceptions. As the Board knows, the

8 chief has authority to do a 96-hour closing if

9 there is imminent danger. And the Board has

10 authority to suspend a licensee before a hearing.

11 But in doing so and the Board is

12 usually judicious about exercising that

13 authority, the Board makes a finding that

14 continued operations will present an imminent

15 danger to public health and safety. Not that it

16 may. There are many situations that may.

17 But I don't want to get too bogged

18 down in the procedural issues. I think it was

19 incumbent upon, you know, on behalf of the AMR to

20 bring this to the attention of the Board. We are

21 prepared to outline to the Board how this

22 business operator would like to move forward and


9

1 hopefully the Board will be satisfied that under

2 the program that they propose that there is no

3 danger to health and safety and there should be

4 little danger that anyone in the community will

5 be disturbed.

6 Now for this hearing, AMR did meet --

7 we understand that this order stemmed from a

8 compliant from a neighbor, who is probably the

9 person most affected, who I understand is here

10 today. And AMR did meet with the neighbor in an

11 effort to satisfy him and see if we could come to

12 some sort of understanding as to how events, if

13 they are to continue at this venue, are to be run

14 and what restrictions there might be on those.

15 I think it was a fruitful discussion.

16 There is no written agreement at this point, but,

17 you know, we remain hopeful that we can satisfy

18 the neighbor and that any disturbance to him will

19 cease.

20 Now, what AMR is prepared to do is

21 bring in a licensed caterer over which the Board,

22 obviously, has jurisdiction, I think the


10

1 principals or the business is known to the Board,

2 and have them be the exclusive party to manage

3 alcohol service at the venue.

4 We have negotiated with District

5 Restaurant Group and we have representatives from

6 them here today and they have a couple of places

7 they use in the District. An agreement that has

8 conditions in it, which I would like to tender to

9 the Board. And I have representatives from

10 District Restaurant Group here today and I would

11 offer them for the Board's examination, so the

12 Board hopefully will be satisfied that there is

13 someone at this location for the minimal events,

14 because remember there is already a Board Order

15 in place that limits events at this location.

16 CHAIRPERSON MILLER: Right.

17 MR. KLINE: The individual who will

18 have specific authority for running the events is

19 Christy Rich, who is here today, who has over 10

20 years experience running events in the

21 Metropolitan area and she tells me all of those

22 events involve the service of alcohol.


11

1 I have her résumé, which I would also

2 tender to the Board, and can walk the Board

3 through the agreement. So if I may, I would like

4 to tender copies of the agreement.

5 CHAIRPERSON MILLER: Do you have

6 copies for all the Board Members?

7 MR. KLINE: I think I have enough.

8 Yes, I have enough copies --

9 CHAIRPERSON MILLER: Do you have

10 copies?

11 MR. KLINE: -- of the agreement.

12 MS. RICH: I have two extra copies.

13 CHAIRPERSON MILLER: How about Mr.

14 Ghenene? Have you seen this? Have you seen this

15 agreement?

16 INVESTIGATOR GHENENE: No, ma'am.

17 CHAIRPERSON MILLER: Do you have a

18 copy for our Investigator? You all have not seen

19 it? Everyone has got a copy. Okay. Who is the

20 agreement with?

21 MS. RICH: I'm sorry?

22 CHAIRPERSON MILLER: I'm sorry, what


12

1 is this that you are giving us?

2 MR. KLINE: I'm giving you a proposed

3 Stroga -- what is entitled Stroga Services

4 Agreement. And this is an agreement between or

5 proposed agreement, it won't be executed, because

6 obviously we can't conduct any activities. We

7 wanted to enter into an agreement before we had

8 the Board's blessing to remove the cease and

9 desist --


11 MR. KLINE: -- to be able to conduct

12 activities.


14 MR. KLINE: But it will be executed

15 with the District Restaurant Group concerning

16 operations at the establishment. It outlines what

17 District Restaurant Group, which is referenced as

18 DRG in the agreement, what their responsibilities

19 are. It talks about the type of events that are

20 appropriate there.

21 It specifically mentions the time

22 limit and has provisions concerning noise,


13

1 dealing with trash, smoking, specifically alcohol

2 in terms of this caterer will be the exclusive

3 manager of alcohol at the premises, which should

4 satisfy the Board's legitimate concern that we

5 have an establishment that is not licensed and,

6 you know, the Board -- the issue as to whether

7 the Board has jurisdiction I think is a little

8 fuzzy in terms of the Board's jurisdiction.

9 But that should clarify that, there is

10 someone accountable. It's a licensee. The Board

11 has the usual punishments and sanctions that

12 would be available for any licensee that violated

13 the law or didn't operate in accordance with the

14 Board Order. So --

15 CHAIRPERSON MILLER: I'm sorry, Mr.

16 Kline, I was talking to our attorney. How did

17 you say this agreement is enforceable?

18 MR. KLINE: Well, the DRG is the

19 licensed caterer.

20 CHAIRPERSON MILLER: Yes.

21 MR. KLINE: So the Board, obviously,

22 has jurisdiction over licensed caterers and has


14

1 the full panoply of sanctions, fines,

2 suspensions, punishments that are available

3 against any licensee. And it's a little clearer

4 than the situation which the Board faced when it

5 entered the Cease and Desist Order, because it's

6 the normal process in terms of we have a

7 violation or we think we have a violation, bring

8 the licensee in and we charge them with a

9 violation and we proceed accordingly.

10 And I have Gaynor Jablonski is behind

11 me. He is available. He is the principal of

12 District Restaurant Group, operates a couple of

13 venues here in the District. Two or three?

14 MR. JABLONSKI: Two.

15 MR. KLINE: And I have him available

16 to answer any questions the Board might have

17 about how District Restaurant Group intends to

18 manage events at the location.

19 CHAIRPERSON MILLER: Great. Okay. I

20 think given your process arguments, I think that

21 relates somewhat to how we are handling this

22 hearing. I mean, we are not having the full


15

1 hearing as far as I understand it on the events

2 that led to the Cease and Desist Order. And what

3 we are doing is looking at solutions, from what I

4 understand, to make this establishment in

5 compliance and in better operation in this

6 neighborhood.

7 That's kind of what I understand. So

8 without getting too much detail of what the

9 allegations are, what I'm trying to figure out is

10 this agreement, this is addressing what could

11 have been perceived as some of the problems that

12 existed that led up to the Cease and Desist

13 Order?

14 MR. KLINE: Yes. I mean, if you look

15 at the agreement, it's comprehensive in terms of

16 management of the operation. It makes crystal

17 clear, I mean, you know, again in terms of one of

18 the issues that led to the order, there were

19 several, but one of them was there was alcohol

20 consumption on the premises and there was not a

21 licensee. It was beyond the time that was

22 stipulated in the Board's previous order, that's


16

1 the allegation.

2 CHAIRPERSON MILLER: Yes, okay.

3 MR. KLINE: And this agreement makes

4 clear as to what that time is. But more

5 importantly than that, it exclusively designates

6 an ABC licensee, a holder of a caterer's license

7 as the party responsible for management of events

8 at the location involving alcohol.

9 We think that's a lot cleaner. We

10 hope the Board thinks that's a lot cleaner,

11 because it's a lot easier to bring a licensee in

12 for a Show Cause than to wade through the process

13 that resulted in the order that the Board

14 entered, no matter what one thinks of it. I

15 mean, I'm sure it was difficult for the Board and

16 its General Counsel to fashion the order that

17 they did and, you know, we all have our own

18 opinions as to that order.

19 But by having a licensed operator in

20 charge of the alcohol, all these issues go away.

21 We have someone who is accountable. We have

22 someone who hopefully is known to the Board in a


17

1 positive light, because they have two other

2 establishments in the District. And they have

3 experience in running events. They have a

4 designee who, as I said, has over 10 years

5 experience running events and you have her résumé

6 in front of you. She is the person that's going

7 to be responsible on behalf of District

8 Restaurant Group on-site whenever there is an

9 event whenever there is alcohol to be served.

10 CHAIRPERSON MILLER: Okay. That's

11 very helpful. And let me just ask you this, I'm

12 just thinking out loud though. When I was asking

13 you about enforcement, you know, and you said

14 well, you're going to have a licensee that is

15 responsible, a caterer.

16 My other question is though what if

17 this were incorporated or referencing a Board

18 Order? Do you anticipate that to make it

19 enforceable under a Board Order?

20 MR. KLINE: I think we would be

21 certainly amenable and we would also hope that a

22 Board Order indicates that any events on the


18

1 premises be conducted by a licensed caterer. We

2 would be amenable to that. We intend to use

3 District Restaurant Group, that's who we are

4 entering into an agreement with, at this point.

5 But you know, it could change in the future and

6 we certainly want the Board to be comfortable

7 that if for whatever reason District Restaurant

8 Group was away or, you know, the arrangement

9 isn't profitable for them, they don't want to do

10 it or for whatever reason, there had to be a

11 change, that there would be someone else there

12 equally responsible and it would be a licensed --

13 ABC licensed caterer, whom the Board would have

14 the same powers over.

15 CHAIRPERSON MILLER: Okay. Great. Do

16 Board Members, at this time, have questions for

17 Mr. Kline?

18 MEMBER ALBERTI: Well, I have just --

19 CHAIRPERSON MILLER: Before we go to

20 any witnesses.

21 MEMBER ALBERTI: -- a question of

22 clarity on that last statement.


19

1 So, Mr. Kline, are you proffering that

2 part or a condition of the order would be that

3 there would only be catered events at this

4 establishment and there would be no temporary

5 licenses ever issued for this establishment--

6 MR. KLINE: Good question.

7 MEMBER ALBERTI: -- as long as that

8 order was enforced?

9 MR. KLINE: Good question. We would

10 like to retain the ability to do temporary

11 events, but, obviously --

12 MEMBER ALBERTI: Then that is contrary

13 to what you just stated. So restate what you are

14 offering to put into an agreement, because, first

15 of all, the Board Order cannot -- well, it could,

16 but I would highly recommend that we not name a

17 specific caterer --

18 MR. KLINE: Agreed.

19 MEMBER ALBERTI: -- because that can

20 change.

21 MR. KLINE: Agreed.

22 MEMBER ALBERTI: So what are you


20

1 suggesting? And we already have an order that

2 says you can only have 12 catered events a year,

3 which means that anything outside of that would

4 have to be temporary events. So I'm not

5 understanding exactly what your last suggestion

6 is. Maybe you could rephrase it for me.

7 MR. KLINE: My last suggestion is --

8 I beg the Board's indulgence for one second?

9 MEMBER ALBERTI: Sure.

10 MR. KLINE: Mr. Alberti, yes, AMR t/a

11 Stroga will agree that any events that -- that a

12 Board Order be entered that any events held on

13 the premises be under the auspices of a licensed

14 caterer.

15 MEMBER ALBERTI: Okay. So that's your

16 proffer --

17 MR. KLINE: Okay.

18 MEMBER ALBERTI: -- if we were to go

19 forward. Okay. Thank you.

20 MR. KLINE: Sure.

21 CHAIRPERSON MILLER: Other questions

22 for Mr. Kline right now?


21

1 MEMBER BROOKS: Yes.

2 CHAIRPERSON MILLER: Mr. Brooks? Yes.

3 MEMBER BROOKS: Thank you, Madam

4 Chair. I think Mr. Alberti sort of asked the

5 same or had the same concerns I had. Now, is

6 there a finite number of events? I haven't read

7 the agreement, but is there a finite number of

8 events or it's unlimited?

9 MR. KLINE: It is set by your previous

10 Board Order.

11 MEMBER BROOKS: Okay.

12 MR. KLINE: Which said, I believe, no

13 more than two a month.

14 MEMBER BROOKS: Two a month. Okay.

15 Thank you, Madam Chair.

16 MEMBER ALBERTI: I have another

17 question.

18 CHAIRPERSON MILLER: Yes, Mr. Alberti?

19 MEMBER ALBERTI: Okay. So I think Mr.

20 Brooks just established that you understand the

21 past Board Order and will --

22 MR. KLINE: We understand.


22

1 MEMBER ALBERTI: -- that that is still

2 in force. Okay.

3 MR. KLINE: And I'll say this, I mean,

4 I understand where we are, at this point. We are

5 hopeful that this arrangement will work out, if

6 it works out successfully and peacefully, we

7 would like to -- we may come back to you and say

8 well, maybe we can modify that Board Order.

9 MEMBER ALBERTI: Okay.

10 MR. KLINE: That's --

11 MEMBER ALBERTI: You always have the

12 right to request modification of that Board

13 Order.

14 MR. KLINE: Yes.

15 MEMBER ALBERTI: That's not the

16 purpose of this hearing.

17 MR. KLINE: We understand that.

18 MEMBER ALBERTI: Okay. First of all,

19 I never really understood this earlier

20 discussion. Is the license or is the operator of

21 this or the owner of this establishment, are they

22 agreeing to forego the hearing today in lieu of


23

1 this Fact-Finding Hearing? Do we have an

2 agreement on the record to do that, an

3 acknowledgement to do that?

4 I mean, you never said yes or no.

5 MR. KLINE: We are not going to waive.

6 We are not going to waive that. I mean, we would

7 like to work it out today, but from a process

8 standpoint, from a legal standpoint, I have very,

9 very serious questions and concerns about what

10 has transpired.

11 MEMBER ALBERTI: I get that. I get

12 that, Mr. Kline.

13 MR. KLINE: Now, I'm not willing to

14 waive hearing.

15 MEMBER ALBERTI: I get that. I just

16 wanted to establish where we are, so I

17 understand, because it was nebulous before. All

18 right. I don't want people walking out of here

19 thinking one thing that is a fact, which always

20 gets us into trouble.

21 MR. KLINE: Mr. Alberti, I --

22 MEMBER ALBERTI: You know that.


24

1 MR. KLINE: -- will say this to you.

2 If we successfully get this resolved today, then

3 certainly, at that point, we would waive.

4 MEMBER ALBERTI: I will come back to

5 that. I will come back to that. I want to

6 comment on your dissertation about imminent

7 danger. The allegations in the report that I

8 read are that there was an unlicensed service of

9 alcohol.

10 Now, it's only my personal feeling, I

11 haven't discussed this with my fellow Board

12 Members, but it's my view that when an

13 establishment this size with an event that size

14 serving alcohol unlicensed presents imminent

15 danger. Just the mere fact that they have such a

16 large crowd and they are not licensed presents

17 imminent danger. That's my position just for the

18 record.

19 MR. KLINE: I understand.

20 MEMBER ALBERTI: That's for the

21 record.

22 MR. KLINE: That's not what the


25

1 Board's Order says.

2 MEMBER ALBERTI: I'm not arguing with

3 that. I'm just telling you for the record what

4 my position is.

5 MR. KLINE: Understood. I understand.

6 And that's why we are here today to --

7 MEMBER ALBERTI: I got you.

8 MR. KLINE: -- I said at the outset we

9 understand the Board has concerns. And we are

10 here to address those concerns.

11 MEMBER ALBERTI: All right. So --

12 MR. KLINE: And please --

13 MEMBER ALBERTI: -- lastly, Ms.

14 Miller, I think that we should take this under

15 advisement. That presents a problem because Mr.

16 Kline is not agreeing to forego the hearing,

17 unless we come to some decision today and I'm

18 suggesting that we take this under advisement, so

19 I don't know where that puts us.

20 CHAIRPERSON MILLER: I --

21 MEMBER ALBERTI: Maybe we should go

22 back and talk about this.


26

1 CHAIRPERSON MILLER: No, what I would

2 like to do is hear everybody and take it under

3 advisement, because we have got an agreement to

4 look at and we need to read it carefully. That

5 doesn't mean we sit on it for weeks. I think

6 that means that we deal with it expeditiously.

7 MEMBER ALBERTI: Well, then we need to

8 -- you know, we need an agreement from the

9 licensee to forego the hearing, because Mr. Kline

10 said --

11 CHAIRPERSON MILLER: Well, I don't --

12 MEMBER ALBERTI: Mr. Kline is saying

13 they haven't agreed to forego the hearing on

14 their request for a hearing on the cease and

15 desist.

16 CHAIRPERSON MILLER: I --

17 MEMBER ALBERTI: Am I correct? Am I

18 correct, Mr. Kline?

19 MR. KLINE: Mr. Alberti, that hearing

20 was supposed to have occurred three weeks ago.

21 MEMBER ALBERTI: Well, we scheduled it

22 for today and we are here.


27

1 MR. KLINE: But you scheduled a Fact-

2 Finding Hearing, not a Contested Case Hearing.

3 There is no notice of a Contested Case Hearing.

4 We are so far outside the box, in terms of

5 process, that I don't even know how to get back

6 in it.

7 MEMBER ALBERTI: Well, I know how to

8 get back in it, but you might not like it, which

9 is to start from the beginning and we will do

10 service again.

11 MR. KLINE: We will bill the Board,

12 yes, Mr. Alberti, I promise you. And I will do

13 it for free. I promise you. I will not sit

14 still and let you do that to this party. The

15 procedure here, the process is outrageous. I'm

16 sorry, with all due respect.


18 MR. KLINE: I mean, I know the Board

19 is well-intentioned, but you have to follow the

20 law. You didn't in this case.

21 MEMBER ALBERTI: That's up for debate.

22 MEMBER SHORT: Madam Chair?


28

1 CHAIRPERSON MILLER: Okay. Yes?

2 MEMBER SHORT: I would just like to

3 ask since we are talking about the law, serving

4 alcohol with an unlicensed crowd, that has

5 nothing to do with this case apparently?

6 MR. KLINE: Sir, I haven't said that.

7 I haven't said that at all.

8 MEMBER SHORT: Well, I think that --

9 MR. KLINE: I said all parties have

10 responsibility to comply with the law.

11 MEMBER SHORT: Well --

12 MR. KLINE: The parties before you and

13 the Board.

14 MEMBER SHORT: I understand. And we

15 hear you very loud and clear. I would also just

16 like to ask this agreement that has been handed

17 to us, this was handed to the citizens today,

18 correct, the neighbors. So who is this agreement

19 supposed to be with or for?

20 MR. KLINE: The agreement --

21 MEMBER SHORT: Or between?

22 MR. KLINE: -- is between Stroga and


29

1 District Restaurant Group, the licensed caterer

2 who we propose will operate any events that would

3 be held at Stroga. So they would be constrained

4 by the terms of the services agreement.

5 MEMBER SHORT: Okay. Now, you are

6 just bringing this agreement today for the

7 citizens who have complaints about Stroga. And

8 you are just bringing it to us today, so did you

9 expect someone to accept this today or why was it

10 handed to us today?

11 MR. KLINE: I'm a little confused.

12 This is not -- we are not at a protest

13 proceeding, so this is not an agreement with the

14 neighborhood or with the neighbor, although there

15 have been discussions with the neighbor about the

16 constraints that are contained in this agreement.

17 This is a private agreement between Stroga and

18 District Restaurant Group that will govern the

19 operations, which has been proffered to the Board

20 to show how we intend this operation to continue

21 in the future with the Board's blessing.

22 MEMBER SHORT: Okay. Well, then it


30

1 was also mentioned today that you named a certain

2 caterer on this agreement, correct? Suppose that

3 caterer isn't there, are you still going to have

4 events?

5 MR. KLINE: As the discussion, the

6 exchange that I had with Mr. Alberti --

7 MEMBER SHORT: Yes.

8 MR. KLINE: -- we would certainly

9 accept in a Board Order that any events would

10 have to be conducted by a caterer licensed by

11 this Board.

12 MEMBER SHORT: Okay. And that's the

13 reason why we are hearing it today, because that

14 didn't happen previously.

15 MR. KLINE: Apparently not.

16 MEMBER SHORT: And that is the reason

17 why you --

18 MR. KLINE: That is the allegation.

19 MEMBER SHORT: Okay. And so we can't

20 allow those kind of things to manifest

21 themselves, can we?

22 MR. KLINE: I do not disagree with


31

1 you, Mr. Short, at all. I said that at the

2 outset.

3 MEMBER SHORT: Okay. All right.

4 Thank you, Madam Chair.

5 CHAIRPERSON MILLER: Let me ask you,

6 Mr. Kline, as a follow-up though. And I haven't

7 read the agreement yet. My understanding though

8 is it's not that you are just going to have

9 always a licensed caterer, that you are really

10 going to have one person that is responsible at

11 this place for alcohol-related events, right?

12 MR. KLINE: Yes.

13 CHAIRPERSON MILLER: But that could

14 change. You know, next year they could -- you

15 could -- they could go out of business, you could

16 put somebody in, but you are not going to have

17 one at a time, just different ones, right?

18 MR. KLINE: No. It's the intention

19 for Stroga to have a regular party with whom they

20 have a business arrangement to manage the alcohol

21 service at the establishment. At this point, it

22 is intended to be District Restaurant Group. At


32

1 some point in the future, it could change.

2 CHAIRPERSON MILLER: Okay. And you

3 would alert -- you would agree to alert us to any

4 change?

5 MR. KLINE: Okay.

6 MS. RICH: Madam Chairperson, I just

7 wanted to make a point, because Luke, when I met

8 with the neighbor, had a very good point in that

9 there had been some flux in the following of the

10 Board Order from before. And I understand that.

11 And so one of the things that made the

12 relationship with a single caterer or with this

13 idea of basically out-sourcing the whole event

14 management component to one organization is that

15 it provides consistency and it provides

16 continuity.

17 To be frank, we are a fitness studio,

18 but we have a beautiful space that a lot of folks

19 want to use for weddings and for organization,

20 you know, for events. We have gone -- we have

21 taken a lot of time to kind of review and rebrand

22 and change the type of events that will be


33

1 happening here and that's in the order or in the

2 agreement, that I hope you look at.

3 CHAIRPERSON MILLER: Of course.

4 MS. RICH: And I went over that with

5 them and I think that having a professional

6 company that does this will, I think, really

7 provide what everyone is looking for.

8 CHAIRPERSON MILLER: And that's a

9 contact person as well for the activity?

10 MS. RICH: Exactly, exactly.

11 CHAIRPERSON MILLER: Mr. Kline, could

12 you address this? I don't totally understand the

13 relationship between the limit of events to 12 a

14 year or something in the Board Order and then

15 this idea of temporary licenses. Are they in

16 addition to the 12 or the 12 is it?

17 MR. KLINE: Your order, you are asking

18 me to explain your order.

19 CHAIRPERSON MILLER: I wasn't here for

20 that order, so, yes, I want to make sure I hear--

21 MEMBER ALBERTI: Madam Chair, may I

22 help out?


34

1 CHAIRPERSON MILLER: Sure.

2 MEMBER ALBERTI: The order

3 specifically limits, without going into details,

4 but, the site to having 12 catered events per

5 year. No more than two per month.

6 CHAIRPERSON MILLER: Right, right.

7 MEMBER ALBERTI: All right.


9 MEMBER ALBERTI: It says nothing about

10 temporary licenses.


12 MEMBER ALBERTI: So this location was

13 always eligible to be issued temporary licenses.

14 All right. Just going back in terms of history,

15 it is my understanding the discussions that --

16 well, it was my view at the time that that was

17 sufficient because the view -- because the Board

18 -- since we have to approve temporary licenses,

19 we could monitor the number of temporary licenses

20 and the hours applied for for those temporary

21 licenses.

22 And that was important because the


35

1 catered events are limited until 12:00 a.m. on

2 weekends and 11:00 a.m. during the week. So we

3 understood that we could regulate the temporary

4 licenses. We could refuse to approve them if it

5 got to be too many or the times were not

6 consistent with the discussions or the Board

7 Order.

8 It was up to the discretion of the

9 Board.


11 MEMBER ALBERTI: Mr. Kline has just

12 said on behalf of his client that the client

13 agrees that going forward if we accepted -- if we

14 were to lift -- if we were to -- they would be --

15 they would accept a condition of having no

16 temporary licenses issued for this site. That's

17 what Mr. Kline just explicitly said to me

18 earlier.

19 We can go back and replay the record,

20 but that's what I heard. So they would be

21 limited to 12 catered events a year and no other

22 licensed events during the year.


36

1 MR. KLINE: But we -- and we would ask

2 that the operator have the opportunity to come in

3 and seek approval for more than the 12 with the

4 understanding that they would be under the

5 supervision of the licensee.

6 MEMBER ALBERTI: Oh, so now you are

7 changing the stipulation as earlier and you're

8 withdrawing it. Is that correct, Mr. Kline?

9 MR. KLINE: I'm supplementing.

10 MEMBER ALBERTI: You're not

11 supplementing it. You said there would be none.

12 And to say now that --

13 MR. KLINE: But there were --

14 MEMBER ALBERTI: -- they can apply to

15 be given the chance is a reversal --

16 MR. KLINE: I didn't say that.

17 MEMBER ALBERTI: -- of what you said.

18 Maybe we are just mincing words, but I understand

19 what you are asking now, Mr. Kline.

20 MR. KLINE: Okay.

21 MEMBER ALBERTI: Thank you.

22 MR. KLINE: The point is this, Mr.


37

1 Alberti. The concern, I think and maybe I'm

2 wrong, but I think the concern, that has been

3 voiced to me, there are a couple of things. One

4 is continuity in terms of who is conducting the

5 operations. And the second is accountability.

6 If you have the licensed caterer in

7 place, then I think we resolved the issues of

8 continuity and accountability. I understand the

9 Board also has concerns about frequency. And

10 what I'm suggesting is so that we retain control

11 over continuity and frequency, that all events be

12 required to be conducted by a licensed caterer,

13 that the Board's previous order of 12 stand, but

14 because we are eliminating the ability to get one

15 days, that the Board entertain the possibility of

16 the venue coming in and saying we have a specific

17 event. You know, may we exceed the two a month

18 or the 12 a year?

19 And that does -- that maintains the

20 continuity and it maintains the accountability

21 that I think is important and it also maintains

22 what you just expressed and I hadn't heard before


38

1 is the Board's ability to consider on a case-by-

2 case basis whether there should be additional

3 events except instead of being run under one day

4 licenses, temporary licenses they will, as we

5 have indicated we are agreeable to doing, be run

6 by the licensed caterer.

7 So, you know, I think it's a

8 supplement and not a change to what I said

9 previously in that we continue to say well, we

10 will agree that all the events will be managed by

11 the licensed caterer, so we maintain that

12 continuity and accountability.

13 MEMBER ALBERTI: I understand, Mr.

14 Kline. It's really semantics, but I understand.

15 MR. KLINE: Yes.

16 CHAIRPERSON MILLER: Mr. Rodriguez?

17 MR. KLINE: The law will show --

18 MEMBER ALBERTI: No, I understand. I

19 understand. I understand.

20 MEMBER RODRIGUEZ: Madam Chair, I

21 would like to know at what part -- at what point

22 in this process and dialogue do our community


39

1 organizations and residents engage in this

2 dialogue? I see a two-way dialogue here, but at

3 what point do our residents and community

4 representatives engage in this dialogue?

5 MEMBER SILVERSTEIN: And our

6 Investigator as well.

7 CHAIRPERSON MILLER: Okay. Oh,

8 exactly. Exactly. Very soon. We really usually

9 start with, you know, one representative and in

10 this case, this applicant, it seemed appropriate

11 for them to go first.

12 MEMBER ALBERTI: Can we go back and

13 talk before we proceed any further, because it

14 seems to me that we are actually going down the

15 road of a hearing almost. And I think the Board

16 needs to discuss process here amongst ourselves.

17 I would really highly recommend --

18 MEMBER SHORT: I concur with that,

19 Madam Chair. I concur with that.

20 CHAIRPERSON MILLER: Do you? Do you

21 think we need to? Okay. All right. My

22 understanding was though as we usually have a


40

1 Fact-Finding or Contested Hearing that we do hear

2 from one of the parties first and then we hear

3 from the other parties.

4 MEMBER RODRIGUEZ: That's right.

5 CHAIRPERSON MILLER: And actually it's

6 informal and they are allowed to ask questions

7 even of each other. So that's what I thought

8 that this hearing -- this is kind of a hybrid

9 hearing, I understand. For the record, that's

10 how I intended to proceed, but if Board Members

11 have questions and they want to take a break,

12 I'll respect that and we will take a break.

13 Everybody can take a 5 or 10 minute

14 break.

15 MEMBER ALBERTI: Well, I think we

16 should officially go off the record.

17 CHAIRPERSON MILLER: Well, I will.


19 CHAIRPERSON MILLER: I'm looking for

20 my instructions for --

21 MEMBER ALBERTI: Okay. All right.

22 CHAIRPERSON MILLER: -- us to vote on


41

1 that.

2 MEMBER ALBERTI: All right.

3 CHAIRPERSON MILLER: It must be here.

4 MEMBER SILVERSTEIN: Madam Chair?

5 CHAIRPERSON MILLER: Yes?

6 MEMBER SILVERSTEIN: Ms. Phillips is

7 here.

8 MS. PHILLIPS: Madam Chair, when you

9 release this case, can we recall the status on

10 Fuel before you take your break?

11 CHAIRPERSON MILLER: Sure.

12 MS. PHILLIPS: Thank you, Madam Chair.

13 CHAIRPERSON MILLER: I've got to

14 release this. All right.

15 As Chairperson of the Alcoholic

16 Beverage Control Board for the District of

17 Columbia and in accordance with Section 405 of

18 the Open Meetings Amendment Act of 2010, I move

19 that the ABC Board convene for a closed meeting

20 for the purpose of discussing process of the

21 hearing in the Stroga case and conferring with

22 counsel pursuant to Sections 405(b)(4) and


42

1 405(b)(13) of the Open Meetings Amendment Act of

2 2010.

3 Is there a second?

4 MEMBER BROOKS: Second.

5 CHAIRPERSON MILLER: Mr. Brooks has

6 seconded the motion. I'll now take a roll call

7 vote on the motion before us now that it has been

8 seconded.

9 Mr. Brooks?

10 MEMBER BROOKS: I agree.

11 CHAIRPERSON MILLER: Mr. Alberti?

12 MEMBER ALBERTI: I agree.


14 MEMBER RODRIGUEZ: Abstain.

15 CHAIRPERSON MILLER: Ms. Miller

16 opposed.

17 Mr. Silverstein?

18 MEMBER SILVERSTEIN: I agree.

19 CHAIRPERSON MILLER: And, Mr. Short?

20 MEMBER SHORT: I agree.

21 CHAIRPERSON MILLER: Okay. Then the

22 vote, I believe, is 4-1-1 to have a closed


43

1 meeting on the continued process of this case.

2 So we will do that subsequent to our

3 hearing the Fuel Pizza case, so you probably have

4 at least 15 minutes. Well, you will probably

5 have, yes, at least a 15 minute break. Okay.

6 MR. KLINE: Thank you.

7 CHAIRPERSON MILLER: Thank you.

8 (Whereupon, the above-entitled matter

9 went off the record at 11:01 a.m. and resumed at

10 11:58 a.m.)

11 CHAIRPERSON MILLER: Okay. We are

12 back on the record for this Fact-Finding Hearing

13 concerning Stroga. And I think, at this point,

14 the Board would like to turn to the Investigator

15 and the members of the community and hear

16 anything they want to put on the record with

17 respect to problems and/or solutions related to

18 the operation of the events at the Stroga.

19 Mr. Ghenene, would you like to address

20 anything with respect to that?

21 INVESTIGATOR GHENENE: Well, I have a

22 question. Did you want me to talk about this


44

1 report at all?

2 CHAIRPERSON MILLER: Okay. So, you

3 know, this is just kind of a hybrid hearing or

4 whatever, so I'm not really requesting -- this

5 isn't like a cease and desist hearing that you go

6 through a full blown report with respect to that.

7 Do you have anything though that

8 would, you know, put some light on the subject of

9 well, you know, what kind of problems have been

10 going on and which is related to --

11 INVESTIGATOR GHENENE: I understand.

12 CHAIRPERSON MILLER: -- this issue and

13 then a reaction, if at all, to Mr. Kline's

14 solution.

15 INVESTIGATOR GHENENE: Sure.


17 INVESTIGATOR GHENENE: I have a few

18 questions.


20 INVESTIGATOR GHENENE: I guess

21 probably the first place to start would be is

22 there a particular reason that this establishment


45

1 hasn't applied for a liquor license?

2 CHAIRPERSON MILLER: Okay. Do you

3 want to answer that? Would you like him to

4 answer that now?

5 INVESTIGATOR GHENENE: Sure.

6 CHAIRPERSON MILLER: Do you have an

7 answer to that or no?

8 MR. KLINE: Sure. Because the use is

9 primarily a yoga studio, the use of it as event

10 space is secondary. And it wouldn't sustain an

11 ongoing liquor license. Ms. Steele, is there

12 anything you want to add to that?

13 MS. STEELE: Okay. It's a capacity

14 issue. Just again, it wasn't our primary

15 purpose, so --

16 INVESTIGATOR GHENENE: I guess with

17 that --


19 INVESTIGATOR GHENENE: I mean, there

20 is plenty of places in the city that are

21 primarily something else, but in an effort to

22 kind of make sure that all of their businesses


46

1 run smoothly, they come and apply for some sort

2 of liquor license.


4 INVESTIGATOR GHENENE: And the reason

5 I bring this up is I believe that in the past,

6 since I have been with ABRA, there has been --

7 I'm thinking of one for sure, but I think there

8 has been multiple places that have been primarily

9 used for other sorts of business besides an

10 establishment where entertainment and alcohol was

11 being provided and those places have ended up

12 either kind of operating underneath the radar.

13 And in one specific example, I believe

14 there was multiple shootings and violent crimes

15 at a place that was primarily using a caterer's

16 license and repeatedly, weekly using a caterer's

17 license. So I guess my questions kind of go to

18 that.

19 I understand the significance of the

20 caterer's license and I appreciate the fact that

21 that license class exists. However, in the event

22 of some sort of violation, some sort of violent


47

1 crime, I'm not sure I understand how the business

2 owner would be held accountable and it wouldn't

3 just be the caterer that would be held

4 accountable and then the business owner can say

5 you know what, that caterer is no longer

6 operating with us. We brought in this caterer

7 now.

8 So I guess that's where my concern

9 lies is that, you know, with a proper liquor

10 license, the business owner can be held

11 accountable. However, with a caterer's license,

12 that might be a little bit more challenging.

13 CHAIRPERSON MILLER: Thank you very

14 much. Anything else you want to add?

15 INVESTIGATOR GHENENE: And then just

16 with regard to this incident and I glanced at a

17 few during the break, well, one specific incident

18 that happened before this seemed kind of similar,

19 in that there was a caterer used again.

20 So it almost seems like we have been

21 down this road before.



48

1 INVESTIGATOR GHENENE: So that's the

2 only thing that I would ask.

3 CHAIRPERSON MILLER: With respect to

4 this particular place?

5 INVESTIGATOR GHENENE: With this, yes,

6 place.

7 CHAIRPERSON MILLER: So Stroga, okay.

8 INVESTIGATOR GHENENE: Yes.



11 CHAIRPERSON MILLER: Okay. Okay.

12 Thank you.

13 INVESTIGATOR GHENENE: That's really

14 all I have.

15 CHAIRPERSON MILLER: Thank you. That

16 was really helpful. Okay. Mr. Guthrie, do you--

17 MR. GUTHRIE: Yes. On behalf of the

18 ANC, I would be cautiously optimistic that a more

19 professional and uniform approach is being

20 proposed for this site. I think that we need to

21 be careful about making sure that we have in

22 place some system to monitor and make sure that


49

1 they are following through, other than

2 anecdotally to hear -- to have to hear from

3 neighbors.

4 One concern in particular that I would

5 have would be who is doing the count of events?

6 And how that is being --


8 MR. GUTHRIE: -- and how that is being

9 supervised.

10 CHAIRPERSON MILLER: I can't remember

11 if it was this case, but was there more

12 discussion with you all between you and -- was

13 there more discussion occurring between either

14 the neighbors or the ANC and Stroga about this?

15 MR. GUTHRIE: We haven't been involved

16 for the last -- the ANC had not been involved for

17 the last two years at least.


19 MR. GUTHRIE: But we were having some

20 preliminary discussions out in the hall while you

21 were on your recess --



50

1 MR. GUTHRIE: -- that were a cause for

2 some optimism, yes. One of the challenges of

3 this is that because of the particular licensing

4 structure for a catered event space --


6 MR. GUTHRIE: -- we don't have the

7 regularized license renewal process that tends to

8 get us on track and moving forward because all of

9 us like to put off getting done what needs to get

10 done until it needs to get done.

11 So if there were some way that we

12 could get moving toward having some meaningful

13 discussions, that would be a good thing.

14 MR. KLINE: Madam Chair, if I may?


16 MR. KLINE: Two suggestions. One,

17 which I'll, you know, obviously leave up to the

18 Board, would offer is that perhaps we are able to

19 get this resolved today, that we schedule a

20 subsequent check-in Fact-Finding. We come back

21 before you and certainly invite the community and

22 see whether things have -- are better and whether


51

1 there are specific concerns.

2 And the other with respect to account,

3 we would be willing to notify the Agency in

4 advance of any of the events, so that the Agency

5 would be on record and aware as to what events

6 are being held there.

7 CHAIRPERSON MILLER: And I just want

8 to ask, you know you are optimistic, you haven't

9 really been involved for two years, but is it

10 your impression there has been a big problem or

11 just little sporadic problems?

12 MR. GUTHRIE: There was initially, but

13 led to the Board Order.


15 MR. GUTHRIE: It was a big problem.


17 MR. GUTHRIE: My understanding is

18 there have been somewhat lesser problems than

19 what led to the original order that have happened

20 in the fairly recent past. I was not involved in

21 any of those until -- I didn't even hear about

22 all this until last week or so.


52

1 CHAIRPERSON MILLER: Okay. We have

2 one more witness to hear from over here, but if

3 anybody has a question that they wanted to ask

4 right now, please, feel free.

5 MEMBER SHORT: I have one.

6 CHAIRPERSON MILLER: Yes, Mr. Short?

7 MEMBER SHORT: Mr. Ghenene, thank you

8 again for your service.

9 INVESTIGATOR GHENENE: Yes, sir.

10 MEMBER SHORT: You mentioned some

11 other businesses that morphed into nightlife or

12 selling alcohol and they wound up being a big

13 problem in the city. And you also mentioned that

14 they had a liquor license. They had a liquor

15 license. That would kind of put some

16 regulations, just like the ANC was saying, about

17 coming before the Board on a regular basis

18 getting it renewed.

19 And also I would just like to ask have

20 you known or did you find out who the owner of

21 this business or owner of this building is?

22 INVESTIGATOR GHENENE: Sir, I'm not --


53

1 I have not looked into the ownership. It's

2 something that I can do. But with regard to the

3 report, Investigator Mathieson, it would appear,

4 had some challenges in contacting or being able

5 to speak with people who were representing the

6 business, specifically to this incident.

7 It would appear that Investigator

8 Mathieson had some challenges in speaking with

9 people who were in charge of running the

10 business, not the operators that night, but who

11 were in charge of the business.

12 MEMBER SHORT: Okay. Apparently we

13 can't get to that today, so thank you very much.

14 Thank you.

15 INVESTIGATOR GHENENE: Yes, sir.

16 CHAIRPERSON MILLER: Sir, I forgot

17 what your name is.

18 MR. BERNDT: Oh, I'm Luke Berndt.

19 CHAIRPERSON MILLER: Okay. And you

20 are a close neighbor to the --

21 MR. BERNDT: Yes. I live at 1810

22 Calvert Street. It's directly across the alley


54

1 from, believe it or not, 1808 Adams Mill Road.

2 It transitions right between the houses. But I

3 would like to thank the Board for actually

4 putting in place the original Board Order. It,

5 you know, did make a difference in the quality of

6 life living next door.

7 I also would like to say that, you

8 know, I was the only resident that was able to

9 attend today. There is actually a number of

10 affected families. I'm just one of them.

11 And also an additional building behind

12 Stroga, it's actually Biltmore Street, they were

13 part of the original protest and involved in some

14 of the meetings leading up to that, but we

15 haven't been in touch with them, so it would be

16 an additional affected party that is not

17 currently represented.

18 All that said, you know, I think one

19 of the concerns we have and the Inspector's

20 concern is, you know, I think putting an

21 agreement in place and putting more pressure on

22 management is a step in the right direction.


55

1 Making sure there is still oversight of Stroga

2 and the catered event site though is key to that

3 in making sure, you know, they have -- to make

4 sure there is accountability and it would be key

5 to any path moving forward.

6 You know, and even beyond that, making

7 sure whatever happens relates directly to the

8 space itself as much as possible as far as the

9 business currently using the space or using the

10 space, because that issue is the overall physical

11 space, not the people currently owning it.

12 You know, I think those are key

13 issues. So at a high level, I think, you know,

14 one of the issues is the frequency of events.

15 And you know, I think once we start going to more

16 and more events, even with the best oversight,

17 best intentions and the best crowd, there will be

18 just the nature of having lots of people together

19 having fun.

20 So I think, you know, frequency is of

21 importance. And I think it goes back to the

22 duration or when those events occur. You know,


56

1 it's not a big deal if, you know, just some loud

2 noises at 4:00 p.m. When it starts happening at

3 11:00, 12:00, 1:00, 4:00 a.m., it's a much bigger

4 issue.

5 So I think the Board Order did address

6 that. So I think there is, you know, interest in

7 making sure the current -- the original Board

8 Order stays foundational to whatever is done, you

9 know --


11 MR. BERNDT: -- going forward. And

12 you know, I think that at least helps put a

13 firewall in place for any changes or anything

14 that may happen on top of that, pending any

15 changes in ownership. You know, sort of building

16 on that, too, is sort of how you, you know, tie

17 it to a single catering organization and make

18 sure they are simply not the person that gets the

19 blame and, you know, throw it away and nothing

20 actually changes, to make sure that there is some

21 accountability at a higher level for that.

22 You know, all that said, the reason we


57

1 did with the original order want to pursue

2 something is that, you know, Adams Morgan is a

3 fun place. We want to make sure there is a lot

4 of variety, activity. Having a yoga studio there

5 is a great thing.

6 If they need to have some amendments,

7 that's not a bad thing, but, you know, back to

8 balance and making sure there is that liveable,

9 enjoyable space is very important to us as

10 neighbors of the space.

11 So, you know, if there is a path

12 forward that would allow for, you know, events to

13 be responsibly held, I don't think anyone would

14 be against that.

15 The caveat and the worry is, you know,

16 there is a Board Order in place. They haven't

17 been able to execute successfully on that. You

18 know, I would enter into anything going forward

19 optimistically and hopeful, but, at the same

20 time, they haven't been able to execute

21 successfully on what is already in place.

22 So I would want to make sure there is


58

1 sort of check-in points. There is that

2 accountability back to the number of events. You

3 know, as a neighbor we have had no insight on how

4 well they are doing against the Board Order.

5 It's only -- we only see trucks from the alley or

6 trucks out front and people unloading stuff and

7 lights happening that we think there may be an

8 event.

9 You know, we are not sure as neighbors

10 whether it is -- alcohol is involved, if it's a

11 catered event or if it's simply a yogathon. We

12 don't know the difference. We don't have insight

13 and that's not really our place. So that's where

14 having, you know, some form of ABRA involvement

15 in overseeing whatever goes forward would be

16 really important to that person.

17 I don't want to be a nosey neighbor.

18 I want to relax on my sofa. And in our building

19 we have five kids under the age of 5. We want to

20 make sure they stay in bed and go to bed and

21 don't bother us after, you know, 8:00 p.m. So

22 less involvement in that role would be great and


59

1 having ABRA oversight, I think that that would be

2 pretty important for that.

3 So I think that is the rambling speel.

4 Thank you again for just taking interest in this

5 matter. I know this is sort of an odd area.

6 It's a little outside the jurisdiction. Catered

7 event space, you know, falls under your

8 jurisdiction, so I'm really happy you have looked

9 into this and, you know, really, you know,

10 dealing with this corner case in that site.

11 Thank you.

12 CHAIRPERSON MILLER: Okay. Thank you.

13 Any questions for any of the witnesses/parties?

14 Okay. Anything else anyone wants to add on this

15 topic?

16 MR. KLINE: Madam Chair, I do have Mr.

17 Jablonski and Ms. Rich here. Perhaps it might be

18 appropriate for the Board to hear from them as

19 the licensed caterer that they will have

20 responsibility going forward under the agreement

21 that the parties have negotiated and will sign,

22 assuming that there is the ability to continue


60

1 with catered alcohol events at the site.

2 CHAIRPERSON MILLER: Both of them? Do

3 they both need to put something on the record?

4 MR. KLINE: Well, Mr. Jablonski is in

5 charge, so if he could come forward, I think --

6 pull up a chair.

7 And, Mr. Jablonski, you were telling

8 the neighbors out in the hall about your

9 philosophy and how you would run that, how you

10 would run this location for catered events. I

11 think it would be helpful if you shared that with

12 the Board.

13 MR. JABLONSKI: So Sarah approached me

14 a little bit ago about the issues they are having

15 with the space and asked me if I would be

16 interested in coming in and managing events to

17 make sure that the issues that they had in the

18 past wouldn't happen again.

19 What I suggested was we put together

20 a management agreement that you have in front of

21 you that listed, in as much detail as we possibly

22 could, what type of events we would have, how we


61

1 would host the events, what type of events we

2 would not have, be it anything that is sponsored

3 by a liquor company, a sorority mix or homecoming

4 party of sorts of that nature.

5 Anything that would lead more towards

6 a heavy drinking pop-up club for a lack of a

7 better term, no ticket sales to be at the door,

8 so you couldn't have a Grey Goose Mansion happen

9 again, and really concentrate and try to rebrand

10 the space as a corporate event space/wedding

11 space.

12 In there -- we also put in there some

13 hard stop times. An event stops at 10:00 during

14 the week, so everybody has got to be out by

15 11:00, that includes the vendors. So if the

16 vendors don't have their stuff out by 11:00, we

17 lock the doors. They got to come back the next

18 day and get the stuff. The same thing on the

19 weekend with midnight.

20 So the other thing that I would like

21 to say is that I talked -- this is the first

22 chance that I have had to talk to the neighbors


62

1 and address their concerns. I would like to get

2 together with them and draw up some kind of

3 agreement. I have other liquor licenses in the

4 city that are establishments, so I don't know if

5 a settlement agreement is the proper thing for my

6 catering license, but I think we could come up

7 with some kind of agreement that we could propose

8 to the Board that would be a settlement-like

9 agreement, unless you guys have some guidance on

10 that manner.

11 So that's what we would like to do to

12 make sure going forward that the events that we

13 are hosting are proper type of events, have as

14 least amount of impact on the neighbors as

15 possible, but also the neighbors understand how

16 we are doing it and what we are doing. And they

17 have had a chance to tell us their concerns and

18 we can address them.

19 MR. KLINE: Mr. Jablonski, I think

20 some of the Board Members know you, but some may

21 not. Will you just tell the Board your

22 background and your history of licenses in D.C.?


63

1 MR. JABLONSKI: So I have had numerous

2 licenses in the city going back almost 10 years

3 now. The original is the Ugly Mug in Capitol

4 Hill. And then I have owned other establishments

5 I bought and sold. I have two other

6 establishments right now that are currently

7 operating. One is Jake's American Grill at the

8 corner of Connecticut and Nebraska and one is

9 District 2 Bar and Grill, which is on the corner

10 of Wisconsin and Macomb. And then I also have

11 the catering division, too, as well.

12 I have been before you guys numerous

13 times to do food truck events and one day type of

14 things for that and, you know, so I have

15 experience doing events of this nature of all

16 sorts.

17 CHAIRPERSON MILLER: Do you have the

18 agreements with communities with respect to any

19 of your other places?

20 MR. JABLONSKI: I have a settlement

21 agreement at all my establishments.

22 CHAIRPERSON MILLER: In your


64

1 establishments, right. Okay. Now questions?

2 MEMBER RODRIGUEZ: Well --

3 CHAIRPERSON MILLER: Yes?

4 MEMBER RODRIGUEZ: Madam Chair?


6 MEMBER RODRIGUEZ: Yes. I heard you

7 use the term rebranding.

8 MR. JABLONSKI: Yes.

9 MEMBER RODRIGUEZ: Can you explain

10 that a little better to me in terms of how you

11 are rebranding? Is it Stroga?

12 MR. JABLONSKI: Well, I mean, I think

13 Sarah can probably speak to that a little bit

14 better, because of we are rebranding Stroga's

15 space.

16 MEMBER RODRIGUEZ: Okay.

17 MS. STEELE: From an event standpoint.

18 MR. JABLONSKI: From an event

19 standpoint.

20 MS. STEELE: It is still always going

21 to be a fitness facility, but from an event

22 standpoint and how we market that space is


65

1 available for event purposes --

2 MEMBER RODRIGUEZ: Yes.

3 MS. STEELE: -- it -- using the

4 expertise of Ms. Rich, who comes from a corporate

5 event background --

6 MEMBER RODRIGUEZ: Right.

7 MS. STEELE: -- and going in that

8 path, so that it is in seeking renters that are

9 looking for events -- space for specific

10 purposes.


12 MS. STEELE: For corporate functions,

13 for, you know, nonprofit, you know, luncheons,

14 for -- weddings are very popular, since it's such

15 a beautiful space. But as Gaynor had mentioned

16 earlier, really being very pointed and steering

17 it away from some of the purposes that it had

18 been used for.

19 MEMBER RODRIGUEZ: So in the past,

20 from what I have understood about Stroga, was

21 that it was a health, fitness and wellness kind

22 of establishment. And when you say rebranding, I


66

1 see a shift here from health, fitness and

2 wellness and then I hear alcohol being served. I

3 hear social events and all this, so it is a

4 little bit of -- it's quite a rebranding kind of

5 experiment here.

6 And I was just curious to see how far

7 that is going to go.

8 MS. STEELE: Well --

9 MR. KLINE: Mr. Rodriguez, if I could

10 put that in context?


12 MR. KLINE: I think the events

13 occurred before you were on the Board, I believe,

14 but the rebranding that we are talking about --

15 MEMBER RODRIGUEZ: Yes, sir.

16 MR. KLINE: -- there was a Grey Goose

17 Mansion promotion that was run in this space

18 successively for a number of months.


20 MR. KLINE: And that was not good for

21 the neighborhood. It was not well-received in

22 the neighborhood and that is what led to the


67

1 order that the Board entered limiting the time

2 that events could occur and the number of events.

3 So in terms of rebranding, we are not

4 talking about rebranding the fitness studio,

5 that's going to continue as a fitness studio.

6 That is the primary purpose, the business purpose

7 for this space.

8 The rebranding just relates to how the

9 event space will be used and it certainly will

10 not -- if you look at Ms. Rich's résumé which you

11 have before you, she is not a nightclub promoter.

12 She has extensive and very intensive experience

13 running corporate type events.


15 MR. KLINE: Georgetown University, The

16 Smithsonian, I mean, other places where you

17 wouldn't find a nightclub. So that's the

18 rebranding that we are talking about. We are

19 talking about for purposes of this hearing, the

20 rebranding of the concept of using this event

21 space for something other than a nightclub or a

22 nightclub-type of activity.


68

1 MS. RICH: You will never hear the

2 words Grey Goose Mansion coming out of this

3 establishment again.

4 MEMBER RODRIGUEZ: Yes.

5 MR. KLINE: Oh, hopefully that

6 clarifies, you know, your concerns about the

7 rebranding, because it doesn't relate to the core

8 business of the facility, which will continue to

9 be health and fitness and yoga.

10 MEMBER RODRIGUEZ: That's all I have

11 now.

12 CHAIRPERSON MILLER: Okay. Ms.

13 Steele, I just wanted to get a clarification as

14 to what your position is with respect to Stroga.

15 Are you an owner? Are you the representative?

16 How are you the representative here?

17 MS. STEELE: I'm a hired consultant.

18 The investment group has hired me to assist in

19 running the establishment. So I'm a

20 representative and a hired consultant.

21 CHAIRPERSON MILLER: You're a hired

22 consultant by AMR, LLC?


69

1 MS. STEELE: AMR, LLC, yes.

2 CHAIRPERSON MILLER: And they own

3 what, the building? The --

4 MS. STEELE: No. Douglas Development

5 or Jemal's Adams Bell is the LLC that owns the

6 building. We lease the space.

7 CHAIRPERSON MILLER: They lease the

8 space from Douglas. Okay.


10 CHAIRPERSON MILLER: Okay. Are there

11 any other questions either from the Board or any

12 of the representatives here of each other before

13 we wrap this up?

14 MR. BERNDT: One, you know, just point

15 I would like to make. I mentioned before making

16 sure, you know, whatever path goes forward, ties

17 to the space itself as opposed to the current

18 lessee of the space. My concern would be, you

19 know, going forward, you know, changing or

20 rebranding or anything making the Board Order not

21 apply simply by a name change or a lease change,

22 to make sure the Board Order really applies to


70

1 the catered event space itself, specifically

2 there, not who is currently owning or operating

3 it, if possible.

4 CHAIRPERSON MILLER: Okay. Anything

5 else? All right. Well, this has -- oh, I have a

6 comment.

7 MEMBER SILVERSTEIN: Is it time for a

8 motion?

9 CHAIRPERSON MILLER: I want to make a

10 comment and then --

11 MEMBER SILVERSTEIN: Okay.

12 CHAIRPERSON MILLER: -- we will have

13 to make a motion.

14 I know this has been kind of a vague

15 type of hearing or whatever. It was not the full

16 cease and desist hearing and we have called it a

17 Fact-Finding Hearing, but I think it has been

18 helpful, at least to me, and I think to have you

19 all here together to identify what you think the

20 problems, some of the problems, have been and to

21 propose solutions for strengthening, as I

22 understand it perhaps, the order that is in place


71

1 to bring more accountability, to bring more

2 continuity.

3 And I have also heard that the Stroga

4 is willing to work with the community to address

5 some of the adverse impacts that may have been

6 occurring, including bringing in a specific

7 caterer with a specific agreement.

8 So I think that has all been very

9 positive in my view and I think it would be a

10 good idea if there are any other future

11 submissions for you to give to us for our

12 consideration. I think I heard some conversation

13 about that, about your working together for some

14 more solutions.

15 And also, Mr. Ghenene is available

16 always, correct?


18 CHAIRPERSON MILLER: To talk with

19 anybody in the community, the applicant -- not

20 the applicant, Stroga and ANC and residents with

21 respect to problems and solutions. So that being

22 said, I think that this was a fruitful hearing.


72

1 Now, I think we could take all of this

2 under advisement, specifically with respect to

3 lifting the Cease and Desist Order. I think we

4 talked about taking a look at just what was

5 submitted to us this morning.

6 However, others may have other ideas

7 of how to proceed and, at this point, if you want

8 to make any other recommendations and put them on

9 the table. Go ahead.

10 MEMBER SILVERSTEIN: Okay.

11 CHAIRPERSON MILLER: What's your name

12 again? Yes.

13 MEMBER SILVERSTEIN: Madam Chair?

14 CHAIRPERSON MILLER: Mr. Silverstein,

15 yes?

16 MEMBER SILVERSTEIN: I would like to

17 move that we set a date for a Summary Suspension

18 Hearing within 10 days and ask in the interim

19 that our staff look into issues of service and

20 ownership and standing.

21 MEMBER ALBERTI: I'll second the

22 motion.


73

1 CHAIRPERSON MILLER: Okay. I would

2 like to speak against that motion then. I would

3 prefer that we take that under advisement. Take

4 a careful look at the law and what -- if we think

5 there is imminent danger, at this point, based on

6 what we have heard in today's hearing.

7 I didn't hear much about imminent

8 danger, though we didn't ask for it, so that's

9 something that we could review again in looking

10 at the reports in addition to what we learned at

11 today's Fact-Finding Hearing.

12 MEMBER ALBERTI: May I speak?

13 CHAIRPERSON MILLER: Anybody else like

14 to speak to that?

15 MEMBER ALBERTI: Yes. I just want to

16 point out that we have heard no testimony under

17 oath here, so we really don't have facts to

18 judge. I mean, I have my opinions based on the

19 allegations of whether this creates imminent

20 danger, but we can't make any conclusions without

21 testimony and that's the need for a hearing.

22 The -- what was proffered by the


74

1 licensee or this establishment, this operator is

2 nothing more than what was in place when our

3 original order was issued. There is nothing.

4 There is no enhancements there.

5 And, Mr. Jablonski, my decision here

6 to set the hearing has nothing to do with you.

7 Mr. Jablonski, I have every confidence in you as

8 an operator. All right?

9 MR. JABLONSKI: I understand. I

10 understand that.

11 MEMBER ALBERTI: So you did nothing

12 but help --

13 MR. JABLONSKI: Right. I understand.

14 MEMBER ALBERTI: -- the establishment,

15 but I still am going to vote in favor of setting

16 this for a hearing. And thank you for coming.

17 MR. JABLONSKI: Sure.

18 CHAIRPERSON MILLER: I would just like

19 to say that we always or often make judgments

20 about whether there is imminent danger in order

21 to suspend an establishment and that's based on

22 reports. It's not based on testimony under oath.


75

1 And from what I heard today,

2 regardless if whether it was under oath, from

3 everybody here, it seems like they are willing to

4 work together for a positive solution. And I

5 didn't hear anything about an imminent need to,

6 you know, keep this establishment from complying

7 with our order that is in place as of now --

8 MEMBER SHORT: Madam Chair?

9 CHAIRPERSON MILLER: -- and serving

10 alcohol at that establishment pursuant to the

11 order that is in place. Yes, Mr. Short?

12 MEMBER SHORT: Yes. I did hear

13 something today as far as public safety is

14 concerned. The Investigator Ghenene simply in

15 very plain and professional terms said there have

16 been several other businesses who are granted or

17 sell alcohol and we have had five people shot at

18 some of these places. And we have had some other

19 things happen.

20 I would not like to put my personal

21 opinion in, but I do have some background in

22 public safety and I do know that these kind of


76

1 places that morph from one business into an

2 alcohol business become very dangerous because

3 they cannot be regulated.

4 There is no regular inspections.

5 There is nobody there. How do we know how many

6 people are in there? I mean, if they don't have

7 an occupancy license, they can put 600 to 700

8 people inside and maybe not purposefully, you

9 know, but it's against the law.

10 So I think we have to tread very

11 carefully when we say there was no testimony

12 today on imminent danger, because I did hear it.

13 Thank you. That's all I have, Madam Chair.

14 CHAIRPERSON MILLER: Okay. Mr.

15 Rodriguez?

16 MEMBER RODRIGUEZ: Madam Chair, we

17 made a commitment to Adams Morgan during the

18 recent past that, you know, we would keep an eye,

19 a close eye on keeping down, you know,

20 misbehavior, misuse of alcohol. And I'm having a

21 problem with this establishment having events

22 where alcohol is being served and there is no


77

1 control.

2 We are an Agency that is supposed to

3 keep an eye on these things and have some type of

4 control and balance here. That's for the

5 protection of our citizens and the residents.

6 And so I always like to side with the

7 residents with respect to their protection and

8 their liability. And I am for having some degree

9 of control as to whatever liquor is served in

10 this establishment. I hear the word rebranding.

11 I'm not entirely convinced about the explanation

12 that I have heard about the rebranding. I'm

13 still a little bit, you know, bothered by that.

14 And so I am very concerned that events

15 took place, that liquor was served and that there

16 was no control, no accountability and that's

17 where I'm headed. I like to see some control and

18 some accountability in terms of any additional

19 liquor that is served in Adams Morgan. I want to

20 make sure that we have an eye on. That's what I

21 have to say on that.

22 CHAIRPERSON MILLER: Okay. And I


78

1 really basically agree with you and I think that

2 we are taking a closer eye and I think that it

3 is, again, very positive that all parties

4 concerned are here at the table. I think there

5 may be others, but, you know, our taking a very

6 good productive eye on this and I haven't heard

7 that they want this establishment closed or

8 anything.

9 They just want, like you were saying,

10 closer controls and accountability and we are all

11 working towards that. And my only point is I

12 would prefer that we take under advisement, I

13 think, a little bit longer before we decide that

14 we are going to schedule a hearing on cease and

15 desist. Okay. Anyone else want to speak to the

16 motion?

17 Okay. So would you repeat the motion,

18 please?

19 MEMBER SILVERSTEIN: I move that we

20 set a date for a Summary Suspension Hearing

21 within 10 days. And that we ask that the staff

22 look into the issues of service, ownership and


79

1 standing prior to that hearing.

2 CHAIRPERSON MILLER: I believe that

3 motion was seconded by Mr. Alberti. Is that

4 correct?

5 MEMBER ALBERTI: Yes, that's correct.

6 CHAIRPERSON MILLER: Okay. Then the

7 motion has been seconded.

8 All those in favor say aye.

9 MEMBER SILVERSTEIN: Aye.

10 MEMBER ALBERTI: Aye.

11 MEMBER RODRIGUEZ: Aye.

12 MEMBER SHORT: Aye.

13 MEMBER BROOKS: Aye.

14 CHAIRPERSON MILLER: All those

15 opposed? Opposed. All those abstaining? Then

16 the motion passes by a 5-1-0.

17 MR. KLINE: Madam Chair, will we be

18 getting a written order of the Board's decision

19 today, so we can take what further action we

20 might deem appropriate?

21 CHAIRPERSON MILLER: I believe that I

22 can represent that you will get a written order


80

1 from the Board, but I'm not sure whether it will

2 be today, but it will be as expeditious as

3 possible.

4 MR. KLINE: The Board has --

5 MEMBER ALBERTI: Madam Chair? The

6 order that we sent out is the order. I'm not

7 sure what other order is necessary.

8 CHAIRPERSON MILLER: With the date.

9 MEMBER ALBERTI: And we are going to

10 look into that -- pardon?

11 CHAIRPERSON MILLER: We need to put in

12 writing the date.

13 MEMBER ALBERTI: Oh, the date, yes.

14 We will put in writing the date, yes. If that's

15 what you are asking, Mr. Kline, we will put in

16 writing, officially put in writing, the date for

17 you.

18 CHAIRPERSON MILLER: Okay. There will

19 be an order forthcoming with respect to the

20 hearing.

21 MEMBER ALBERTI: Order? I'm not sure.

22 CHAIRPERSON MILLER: A written order.


81

1 MR. KLINE: Well, the Board made a

2 decision today. And we would like a written

3 order of that decision.


5 MR. KLINE: So that if we choose to go

6 to the D.C. Court of Appeals, we have a written

7 order to appeal. As I pointed out previously --

8 MEMBER ALBERTI: This is a Fact-

9 Finding, Mr. Kline. I'm not sure we issue orders

10 coming out of --

11 MR. KLINE: Mr. Alberti --

12 MEMBER ALBERTI: -- Fact-Findings.

13 MR. KLINE: -- I don't know what this

14 is, frankly. It's a circus as far as I'm

15 concerned, because the statute sets forth what is

16 required and the Board, in this process, with all

17 due respect, has completely ignored it.

18 MEMBER ALBERTI: Mr. Kline?

19 MR. KLINE: The hearing --

20 MEMBER ALBERTI: Okay. Mr. Kline, may

21 I ask you what was your understanding when you

22 came today? Was your understanding that we would


82

1 have a full blown hearing?

2 MR. KLINE: Mr. Alberti, I didn't have

3 any understanding.

4 MEMBER ALBERTI: No, no, no. What was

5 your understanding --

6 MR. KLINE: Excuse me.

7 MEMBER ALBERTI: -- when you came

8 today?

9 MR. KLINE: Would you like me to

10 answer or do you want to interrupt me?

11 MEMBER ALBERTI: Sure, please, please,

12 go ahead.

13 MR. KLINE: In fact, I inquired of the

14 Board, I attempted to inquire of the Board's

15 counsel and I learned that she was away and I

16 inquired of the Board's Assistant General

17 Counsel. And I had no further or better

18 understanding after that conversation than,

19 frankly, I have right now as to what it is that

20 we did today under the law of the District of

21 Columbia as codified in Title 25 and as codified

22 in 23 DCMR.


83

1 MEMBER ALBERTI: So if we had a --

2 MR. KLINE: It's way outside what that

3 statute and those regulations outline.

4 MEMBER ALBERTI: I hear what you are

5 saying, Mr. Kline. So if we went forward with

6 the hearing, because you were scheduled for a

7 hearing today, I would have guessed that your

8 understanding would have been we were complying

9 with the request for a hearing, because it was

10 requested that we have a Summary Suspension

11 Hearing.

12 MR. KLINE: Is that a question?

13 MEMBER ALBERTI: Yes.

14 CHAIRPERSON MILLER: Is --

15 MR. KLINE: I would have expected that

16 as required by the law when the hearing was

17 requested on December 4th, that you would have had

18 a hearing, a Contested Case Hearing, as is

19 required by the statute, on or before December

20 14th, that's what the law requires.

21 MEMBER ALBERTI: So my question to

22 you, did you come today prepared, knowing that we


84

1 scheduled a hearing for today, for Contested

2 Hearing?

3 MR. KLINE: No, I was told it was a

4 Fact-Finding Hearing.

5 MEMBER ALBERTI: Well, wait, wait you

6 told me -- you just told me that you didn't know

7 what it was.

8 MR. KLINE: I didn't know what it was

9 in terms of what shape it would take. I can read

10 the statute. I can read the notice. And I can

11 read the agenda.

12 MEMBER ALBERTI: No, so your

13 understanding --

14 MR. KLINE: The agenda --

15 MEMBER ALBERTI: Okay. So your

16 understanding when you came today was a Fact-

17 Finding Hearing?

18 MR. KLINE: Correct. That's what the

19 Board put on the agenda and based on my

20 conversation with Mr. Berman, that's what I was

21 told would be held today, a Fact-Finding Hearing.

22 However, if I look at the statute, the


85

1 statute requires very clearly and unequivocally a

2 Contested Case Hearing within 10 days of the date

3 an expedited hearing is requested.

4 MEMBER ALBERTI: Mr. Kline, you said

5 that. I understand that.


7 MEMBER ALBERTI: I got that loud and

8 clear.

9 MR. KLINE: Apparently it hasn't

10 gotten through, because --

11 CHAIRPERSON MILLER: All right, you

12 guys.

13 MR. KLINE: -- the Board seems to be

14 ignoring it, at this point.

15 CHAIRPERSON MILLER: Okay. I would

16 like to close this case and you will get a

17 written order --

18 MR. KLINE: Thank you.

19 CHAIRPERSON MILLER: -- with respect

20 to the hearing. Okay.

21 So we have one more. Thank you very

22 much.


86

1 MR. JABLONSKI: Thank you.

2 MEMBER ALBERTI: Thank you.

3 (Whereupon, the Fact-Finding Hearing

4 in the above-entitled matter was concluded at

5 12:37 p.m.)

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7

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10

11

12

13

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Aa.m 2:2 35:1,2 43:9,10

56:3ABC 16:6 18:13 41:19ability 19:10 37:14 38:1

59:22able 12:11 50:18 53:4

54:8 57:17,20above-entitled 43:8

86:4ABRA 1:21 3:5,7 46:6

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37:20 38:12 55:456:21 58:2 71:1 77:1677:18 78:10

accountable 13:1016:21 47:2,4,11

acknowledgement 23:3Act 6:16 41:18 42:1action 8:5 79:19activities 7:9 12:6,12activity 7:13 33:9 57:4

67:22Adams 1:6 2:5 54:1

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36:19 80:15assist 68:18Assistant 82:16assuming 59:22attempted 82:14attend 54:9attention 8:20attorney 13:16auspices 20:13authority 8:8,10,13

10:18available 13:12 14:2,11

14:15 65:1 71:15aware 51:5aye 79:8,9,10,11,12,13

Bback 22:7 24:4,5 25:22

27:5,8 34:14 35:1939:12 43:12 50:2055:21 57:7 58:2 61:1763:2

background 62:22 65:575:21

bad 57:7balance 57:8 77:4

Bar 63:9based 73:5,18 74:21,22

84:19basically 3:18 32:13

78:1basis 4:15 38:2 52:17beautiful 32:18 65:15bed 58:20,20beg 7:20 20:8beginning 27:9behalf 2:17 8:19 17:7

35:12 48:17believe 5:14 21:12

42:22 46:5,13 54:166:13 79:2,21

Bell 69:5Berman 84:20Berndt 3:12,12 53:18

53:18,21 56:11 69:14best 55:16,17,17better 15:5 50:22 61:7

64:10,14 82:17Beverage 1:2,12,13

41:16beyond 15:21 55:6big 51:10,15 52:12 56:1bigger 56:3bill 27:11Biltmore 54:12bit 4:19 47:12 60:14

64:13 66:4 77:1378:13

blame 56:19blessing 12:8 29:21blown 44:6 82:1Board 1:2,8,12 2:17

3:16,18,21 4:13,15,175:6,8 6:13 7:13,22 8:28:7,9,11,13,20,21 9:19:21 10:1,9,12,1411:2,2,6 13:6,7,10,1413:21 14:4,16 16:1016:13,15,22 17:17,1917:22 18:6,13,1619:15 20:12 21:10,2122:8,12 24:11 25:927:11,18 28:13 29:1930:9,11 32:10 33:1434:17 35:6,9 37:9,1539:15 40:10 41:16,1943:14 50:18 51:1352:17 54:3,4 56:5,757:16 58:4 59:1860:12 62:8,20,2166:13 67:1 69:11,2069:22 80:1,4 81:1,1682:14 84:19 85:13

Board's 4:10,12 5:3,2210:11 12:8 13:4,8


88

15:22 20:8 25:1 29:2137:13 38:1 79:1882:14,16

bogged 8:17bother 58:21bothered 77:13bought 63:5box 27:4break 40:11,12,14

41:10 43:5 47:17bring 8:20 9:21 14:7

16:11 46:5 71:1,1bringing 29:6,8 71:6Brooks 1:17 21:1,2,3

21:11,14,20 42:4,5,942:10 79:13

brought 47:6building 1:13 52:21

54:11 56:15 58:1869:3,6

business 8:22 10:131:15,20 46:9 47:1,447:10 52:21 53:6,1053:11 55:9 67:6 68:876:1,2

businesses 45:2252:11 75:16

Ccall 42:6called 3:15 70:16Calvert 53:22capacity 45:13Capitol 63:3careful 48:21 73:4carefully 26:4 76:11case 4:4 5:10 6:12,17

6:19,20,21 27:2,3,2028:5 38:2 39:10 41:941:21 43:1,3 49:1159:10 83:18 85:2,16

case-by 38:1cases 8:4catered 4:11 19:3 20:2

34:4 35:1,21 50:455:2 58:11 59:6 60:160:10 70:1

caterer 9:21 13:2,1917:15 18:1,13 19:1720:14 29:1 30:2,3,1031:9 32:12 37:6,1238:6,11 47:3,5,6,1959:19 71:7

caterer's 16:6 46:15,1646:20 47:11

caterers 13:22catering 56:17 62:6

63:11

cause 16:12 50:1cautiously 48:18caveat 57:15cease 3:16,21 5:13 9:19

12:8 14:5 15:2,1226:14 44:5 70:16 72:378:14

certain 30:1certainly 4:11 5:8 17:21

18:6 24:3 30:8 50:2167:9

certified 6:2chair 2:18 4:9 21:4,15

27:22 31:4 33:2138:20 39:19 41:4,8,1250:14 59:16 60:6 64:472:13 75:8 76:13,1679:17 80:5

Chairperson 1:14,162:3,11,19 3:2,8,11,144:8 10:16 11:5,9,1311:17,22 12:10,1313:15,20 14:19 16:217:10 18:15,19 20:2121:2,18 25:20 26:1,1126:16 28:1 31:5,1332:2,6 33:3,8,11,1934:1,6,8,11 35:1038:16 39:7,20 40:5,1740:19,22 41:3,5,11,1341:15 42:5,11,13,1542:19,21 43:7,11 44:244:12,16,19 45:2,6,1846:3 47:13,22 48:3,748:9,11,15 49:7,10,1849:22 50:5,15 51:7,1451:16 52:1,6 53:16,1956:10 59:12 60:263:17,22 64:3,5 68:1268:21 69:2,7,10 70:470:9,12 71:18 72:1172:14 73:1,13 74:1875:9 76:14 77:22 79:279:6,14,21 80:8,11,1880:22 81:4 83:14 85:685:11,15,19

challenges 50:2 53:4,8challenging 47:12chance 36:15 61:22

62:17change 18:5,11 19:20

31:14 32:1,4,22 38:869:21,21

changes 56:13,15,20changing 36:7 69:19Chapter 6:15charge 14:8 16:20 53:9

53:11 60:5check-in 50:20 58:1

chief 8:8choose 81:5Christy 10:19circus 81:14citizens 28:17 29:7 77:5city 45:20 52:13 62:4

63:2clarification 68:13clarifies 68:6clarify 13:9clarity 18:22class 46:21cleaner 16:9,10clear 5:2 15:17 16:4

28:15 85:8clearer 14:3clearly 85:1client 35:12,12close 53:20 76:19 85:16closed 41:19 42:22

78:7closer 78:2,10closing 8:8club 61:6Code 5:14codified 82:21,21Columbia 1:1 41:17

82:21come 9:11 22:7 24:4,5

25:17 36:2 46:1 50:2060:5 61:17 62:6 83:22

comes 65:4comfortable 18:6coming 37:16 52:17

60:16 68:2 74:1681:10

comment 24:6 70:6,10commitment 76:17communities 63:18community 9:4 38:22

39:3 43:15 50:21 71:471:19

company 2:7 33:6 61:3complaints 29:7completely 81:17compliance 15:5compliant 9:8comply 5:9 28:10complying 75:6 83:8component 32:14comprehensive 15:15concede 7:4concentrate 61:9concept 67:20concern 13:4 37:1,2

47:8 49:4 54:20 69:18concerned 75:14 77:14

78:4 81:15concerning 12:15,22

43:13concerns 4:10,12,14

5:3 21:5 23:9 25:9,1037:9 51:1 54:19 62:162:17 68:6

concluded 86:4conclusions 73:20concur 39:18,19condition 19:2 35:15conditions 10:8conduct 6:13 12:6,11conducted 18:1 30:10

37:12conducting 37:4conferring 41:21confidence 74:7confused 29:11Connecticut 63:8consider 38:1consideration 71:12consistency 32:15consistent 35:6constrained 29:3constraints 29:16consultant 2:22 68:17

68:20,22consumption 15:20contact 33:9contacting 53:4contained 29:16contested 2:14 6:12,17

6:20 27:2,3 40:183:18 84:1 85:2

context 66:10continue 9:13 29:20

38:9 59:22 67:5 68:8continued 8:14 43:1continuity 32:16 37:4,8

37:11,20 38:12 71:2contrary 19:12control 1:2,12,13 37:10

41:16 77:1,4,9,16,17controls 78:10convene 41:19conversation 71:12

82:18 84:20convinced 77:11copies 11:4,6,8,10,12copy 11:18,19core 68:7corner 59:10 63:8,9corporate 61:10 65:4

65:12 67:13correct 26:17,18 28:18

30:2 36:8 71:16 79:479:5 84:18

counsel 16:16 41:2282:15,17

count 49:5


89

couple 10:6 14:12 37:3course 33:3Court 81:6creates 73:19crime 47:1crimes 46:14crowd 24:16 28:4 55:17crystal 15:16curious 66:6current 56:7 69:17currently 54:17 55:9,11

63:6 70:2

DD.C 1:14 5:14 62:22

81:6danger 7:10 8:6,9,15

9:3,4 24:7,15,17 73:573:8,20 74:20 76:12

dangerous 76:2date 72:17 78:20 80:8

80:12,13,14,16 85:2day 38:3 61:18 63:13days 5:19 6:8 7:21

37:15 72:18 78:2185:2

DCMR 82:22deal 26:6 56:1dealing 13:1 59:10debate 27:21December 83:17,19decide 78:13decision 25:17 74:5

79:18 81:2,3deem 79:20degree 77:8designates 16:5designee 17:4desires 4:15desist 3:17,21 5:13

12:9 14:5 15:2,1226:15 44:5 70:16 72:378:15

detail 15:8 60:21details 34:3determine 4:5Development 69:4dialogue 38:22 39:2,2,4difference 54:5 58:12different 31:17difficult 16:15direction 54:22directly 53:22 55:7disagree 30:22discretion 35:8discuss 39:16discussed 24:11discussing 41:20

discussion 7:5 9:1522:20 30:5 49:12,13

discussions 29:1534:15 35:6 49:2050:13

dissertation 24:6District 1:1 10:4,7,10

12:15,17 14:12,13,1717:2,7 18:3,7 29:1,1831:22 41:16 63:982:20

disturbance 9:18disturbed 9:5division 63:11doing 8:11 15:3 38:5

49:5 58:4 62:16,1663:15

DONALD 1:17door 54:6 61:7doors 61:17Douglas 69:4,8draw 62:2DRG 12:18 13:18drinking 61:6due 8:4 27:16 81:17duration 55:22

Eearlier 22:19 35:18 36:7

65:16easier 16:11effort 9:11 45:21either 46:12 49:13

69:11eligible 34:13eliminating 37:14ended 46:11enforceable 13:17

17:19enforced 19:8enforcement 17:13engage 39:1,4enhancements 74:4enjoyable 57:9enter 12:7 57:18entered 7:22 14:5 16:14

20:12 67:1entering 18:4entertain 37:15entertainment 46:10entirely 77:11entitled 7:19,21 12:3equally 18:12Erin 3:6establish 23:16established 21:20establishment 12:16

13:5 15:4 19:4,522:21 24:13 31:21

44:22 46:10 65:2268:3,19 74:1,14,2175:6,10 76:21 77:1078:7

establishments 17:262:4 63:4,6,21 64:1

event 3:17 4:10 17:924:13 32:13 37:1745:9 46:21 50:4 55:258:8,11 59:7 61:10,1364:17,18,21 65:1,567:9,20 70:1

events 3:19 9:12 10:1310:15,18,20,22 12:1914:18 15:1 16:7 17:317:5,22 19:3,11 20:220:4,11,12 21:6,829:2 30:4,9 31:1132:20,22 33:13 34:435:1,21,22 37:11 38:338:10 43:18 49:5 51:451:5 55:14,16,2257:12 58:2 60:1,10,1660:22 61:1,1 62:12,1363:13,15 65:9 66:3,1267:2,2,13 76:21 77:14

everybody 26:2 40:1361:14 75:3

ex 7:22exactly 20:5 33:10,10

39:8,8examination 10:11example 46:13exceed 37:17exceptions 8:7exchange 30:6exclusive 10:2 13:2exclusively 16:5Excuse 82:6execute 57:17,20executed 12:5,14exercising 8:12existed 15:12exists 46:21expect 29:9expected 83:15expecting 2:7expedited 1:8 3:20 5:18

6:7 85:3expeditious 80:2expeditiously 26:6experience 10:20 17:3

17:5 63:15 67:12experiment 66:5expertise 65:4explain 33:18 64:9explanation 77:11explicitly 35:17expressed 37:22

extensive 67:12extra 11:12eye 76:18,19 77:3,20

78:2,6

Fface 7:3,12faced 14:4facility 64:21 68:8fact 1:6 23:19 24:15

27:1 46:20 81:8 82:1384:16

Fact-Finding 2:4 6:1823:1 40:1 43:12 50:2070:17 73:11 84:4,2186:3

Fact-Findings 81:12facts 73:17fairly 51:20falls 59:7families 54:10far 7:15 15:1 27:4 55:8

66:6 75:13 81:14fashion 16:16favor 74:15 79:8feel 52:4feeling 24:10fellow 24:11figure 15:9find 52:20 67:17finding 1:6 7:9 8:13

27:2 81:9 84:17finds 7:13fines 14:1finite 21:6,7firewall 56:13first 2:11 3:15 5:1 19:14

22:18 39:11 40:244:21 61:21

fitness 32:17 64:2165:21 66:1 67:4,568:9

five 58:19 75:17flawed 7:3flux 32:9folks 32:18follow 5:7 27:19follow-up 31:6following 32:9 49:1food 63:13force 22:2forego 22:22 25:16 26:9

26:13forgot 53:16form 58:14forth 6:14 81:15forthcoming 80:19Fortunately 6:3


90

forward 8:22 20:1935:13 50:8 55:5 56:1157:12,18 58:15 59:2060:5 62:12 69:16,1983:5

foundational 56:8frank 32:17frankly 81:14 82:19free 27:13 52:4frequency 37:9,11

55:14,20front 17:6 58:6 60:20fruitful 9:15 71:22Fuel 41:10 43:3full 14:1,22 44:6 70:15

82:1full-blown 4:3fun 55:19 57:3functions 65:12further 7:16 39:13

79:19 82:17future 18:5 29:21 32:1

71:10fuzzy 13:8

GGaynor 14:10 65:15General 16:16 82:16Georgetown 67:15getting 15:8 50:9 52:18

79:18Ghenene 1:21 2:6,8 3:4

3:5 11:14,16 43:19,2144:11,15,17,20 45:545:16,19 46:4 47:1548:1,5,8,10,13 52:7,952:22 53:15 71:15,1775:14

give 71:11given 14:20 36:15giving 12:1,2glanced 47:16go 16:20 18:19 20:18

25:21 31:15 35:1939:11,12 40:16 44:546:17 58:20 66:7 72:981:5 82:12

goes 7:16 55:21 58:1569:16

going 17:6,14 23:5,630:3 31:8,10,16 34:334:14 35:13 39:1444:10 55:15 56:1157:18 59:20 62:1263:2 64:20 65:7 66:767:5 69:19 74:1578:14 80:9

good 2:16,21 3:4 19:6,932:8 50:13 66:20

71:10 78:6Goose 61:8 66:16 68:2gotten 85:10govern 29:18governing 6:17governs 5:17granted 75:16great 14:19 18:15 57:5

58:22Grey 61:8 66:16 68:2Grill 63:7,9group 10:5,10 12:15,17

14:12,17 17:8 18:3,829:1,18 31:22 68:18

guess 44:20 45:1646:17 47:8

guessed 83:7guidance 62:9Guthrie 3:9,9 48:16,17

49:8,15,19 50:1,651:12,15,17

guys 62:9 63:12 85:12

Hhall 49:20 60:8halting 3:18handed 28:16,17 29:10handling 14:21happen 6:11 30:14

56:14 60:18 61:875:19

happened 5:10 47:1851:19

happening 33:1 56:258:7

happens 55:7happy 2:17,19,20 59:8hard 61:13harm 7:14,15headed 77:17health 7:10 8:15 9:3

65:21 66:1 68:9hear 4:4 26:2 28:15

33:20 40:1,2 43:1549:2,2 51:21 52:259:18 66:2,3 68:173:7 75:5,12 76:1277:10 83:4

heard 35:20 37:22 64:671:3,12 73:6,16 75:177:12 78:6

hearing 1:7,8,13 2:4,143:15,21,22 4:3 5:185:19 6:6,8,12,13,186:20,22 7:21 8:1,5,109:6 14:22 15:1 22:1622:22 23:1,14 25:1626:9,13,14,19 27:2,227:3 30:13 39:15 40:1

40:8,9 41:21 43:3,1244:3,5 67:19 70:15,1670:17 71:22 72:1873:6,11,21 74:6,1678:14,20 79:1 80:2081:19 82:1 83:6,7,983:11,16,18,18 84:1,284:4,17,21 85:2,3,2086:3

hearings 6:17 8:3heavy 61:6HECTOR 1:18held 20:12 29:3 47:2,3

47:10 51:6 57:1384:21

help 33:22 74:12helpful 17:11 48:16

60:11 70:18helps 56:12high 55:13higher 56:21highly 19:16 39:17Hill 63:4hired 68:17,18,20,21history 34:14 62:22holder 16:6homecoming 61:3hope 16:10 17:21 33:2hopeful 9:17 22:5 57:19hopefully 9:1 10:12

16:22 68:5host 61:1hosting 62:13hours 34:20houses 54:2hybrid 40:8 44:3

Iidea 32:13 33:15 71:10ideas 72:6identify 2:14 70:19ignored 81:17ignoring 85:14illegal 7:13immediate 6:5,6 7:14imminent 7:10,15 8:6,9

8:14 24:6,14,17 73:573:7,19 74:20 75:576:12

impact 62:14impacts 71:5importance 55:21important 34:22 37:21

57:9 58:16 59:2importantly 16:5impression 51:10incident 47:16,17 53:6includes 61:15

including 71:6incorporated 17:17incumbent 8:19indicated 38:5indicates 17:22individual 10:17indulgence 20:8inflict 7:14informal 40:6initially 51:12inquire 82:14inquired 82:13,16inside 76:8insight 58:3,12inspections 76:4Inspector's 54:19instructions 40:20intend 5:3 18:2 29:20intended 31:22 40:10intends 14:17intensive 67:12intention 31:18intentions 55:17interest 56:6 59:4interested 60:16interim 72:18interrupt 82:10Investigator 1:21 2:8

3:4,5,7 11:16,18 39:643:14,21 44:11,15,1744:20 45:5,16,19 46:447:15 48:1,5,8,10,1352:9,22 53:3,7,1571:17 75:14

investment 68:18invite 50:21involve 10:22involved 5:5 49:15,16

51:9,20 54:13 58:10involvement 58:14,22involving 16:8irreparable 7:14issue 6:4 13:6 44:12

45:14 55:10 56:4 81:9issued 3:16 5:14 19:5

34:13 35:16 74:3issues 8:18 15:18 16:20

37:7 55:13,14 60:1460:17 72:19 78:22

JJablonski 14:10,14

59:17 60:4,7,13 62:1963:1,20 64:8,12,1874:5,7,9,13,17 86:1

Jake's 63:7JAMES 1:19January 1:11


91

Jemal's 69:5judge 73:18judgments 74:19judicious 8:12jurisdiction 5:7 9:22

13:7,8,22 59:6,8

Kkeep 75:6 76:18 77:3keeping 76:19key 55:2,4,12kids 58:19kind 15:7 30:20 32:21

40:8 44:3,9 45:2246:12,17 47:18 52:1562:2,7 65:21 66:470:14 75:22

Kline 2:16,17 4:6,7,910:17 11:7,11 12:2,1112:14 13:16,18,2114:15 15:14 16:317:20 18:17 19:1,6,919:18,21 20:7,10,1720:20,22 21:9,12,2222:3,10,14,17 23:5,1223:13,21 24:1,19,2225:5,8,12,16 26:9,1226:18,19 27:1,11,1828:6,9,12,20,22 29:1130:5,8,15,18,22 31:631:12,18 32:5 33:1133:17 35:11,17 36:1,836:9,13,16,19,20,2238:14,15,17 43:6 45:850:14,16 59:16 60:462:19 66:9,12,16,2067:15 68:5 79:17 80:480:15 81:1,5,9,11,1381:18,19,20 82:2,6,982:13 83:2,5,12,1584:3,8,14,18 85:4,985:13,18

Kline's 44:13know 7:7 8:19 9:17 13:6

15:17 16:17 17:1318:5,8 23:22 25:1926:8 27:5,7,18 31:1432:20 37:17 38:7,2139:9 44:3,8,9 47:5,950:17 51:8 54:5,8,1854:20 55:3,6,12,13,1555:20,22 56:1,6,9,1256:15,16,19,22 57:2,757:11,12,15,18 58:3,958:12,14,21 59:5,7,959:9 62:4,20 63:1465:13,13 68:6 69:1469:16,19,19 70:1475:6,22 76:5,9,18,19

77:13 78:5 81:13 84:684:8

knowing 83:22known 10:1 16:22

52:20knows 8:7

Llack 61:6large 24:16lastly 25:13law 4:22 8:3 13:13

27:20 28:3,10 38:1773:4 76:9 82:20 83:1683:20

lead 61:5leading 54:14learned 73:10 82:15lease 69:6,7,21leave 50:17led 15:2,12,18 51:13,19

66:22legal 7:18,19 23:8legitimate 13:4lessee 69:18lesser 51:18level 55:13 56:21liability 77:8license 7:8 16:6 22:20

45:1,11 46:2,16,17,2046:21 47:10,11 50:752:14,15 62:6 76:7

licensed 9:21 13:5,1913:22 16:19 18:1,1218:13 20:13 24:1629:1 30:10 31:9 35:2237:6,12 38:6,11 59:19

licensee 5:13 7:7,8,197:20,20 8:10 13:10,1214:3,8 15:21 16:6,1117:14 26:9 36:5 74:1

licensees 5:5licenses 19:5 33:15

34:10,13,18,19,2135:4,16 38:4,4 62:362:22 63:2

licensing 50:3lies 47:9lieu 22:22life 54:6lift 35:14lifting 72:3light 17:1 44:8lights 58:7limit 12:22 33:13limited 35:1,21limiting 67:1limits 10:15 34:3

liquor 45:1,11 46:2 47:952:14,14 61:3 62:377:9,15,19

listed 6:21 60:21little 4:19 9:4 13:7 14:3

29:11 47:12 51:1159:6 60:14 64:10,1366:4 77:13 78:13

live 53:21liveable 57:8living 54:6LLC 1:5 3:1 68:22 69:1

69:5located 2:5location 10:13,15 14:18

16:8 34:12 60:10lock 61:17long 19:7longer 47:5 78:13look 15:14 26:4 33:2

67:10 72:4,19 73:478:22 80:10 84:22

looked 53:1 59:8looking 15:3 33:7 40:19

65:9 73:9lot 16:9,10,11 32:18,21

57:3lots 55:18loud 17:12 28:15 56:1

85:7Luke 3:12 32:7 53:18luncheons 65:13

Mma'am 11:16Macomb 63:10Madam 2:18 4:9 21:3

21:15 27:22 31:4 32:633:21 38:20 39:1941:4,8,12 50:14 59:1664:4 72:13 75:8 76:1376:16 79:17 80:5

mail 5:21 6:2maintain 38:11maintains 37:19,20,21making 5:1 48:21 55:1

55:3,6 56:7 57:869:15,20

manage 10:2 14:1831:20

managed 38:10management 15:16

16:7 32:14 54:2260:20

manager 13:3managing 60:16manifest 30:20manner 62:10

Mansion 61:8 66:1768:2

market 64:22Mathieson 3:6 53:3,8matter 1:4 16:14 43:8

59:5 86:4mean 6:10 14:22 15:14

15:17 16:15 22:3 23:423:6 26:5 27:18 45:1964:12 67:16 73:1876:6

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DISTRICT OF COLUMBIA + + + + + MEETING IN THE MATTER OF: · (202) 234-4433 Washington DC Neal R....

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