THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD
In the Matter of: ) ) Cape Point Group, LLC ) t/a Lincoln Park Kitchen/Wine Bar ) ) Holder ofa ) License No. ABRA-100288 Retailer's Class CR License ) Order No. 2016-365 ) at premises ) 106 13th Street, S.E. ) Washington, D.C. 20003 ) )
Harlou, Inc., t/a Tunnicliffs Tavern (Licensee)
Kirsten Oldenburg, Chairperson, Advisory Neighborhood Commission (ANC) 6B
BEFORE: Donovan Anderson, Chairperson Nick Alberti, Member Mike Silverstein, Member Ruthanne Miller, Member James Short, Member
ORDER ON SETTLEMENT AGREEMENT
The official records of the Alcoholic Beverage Control Board (Board) reflect that Cape Point Group, LLC, t/a Lincoln Park Kitchen/Wine Bar (Licensee), and ANC 6B have entered into a Settlement Agreement (Agreement), dated May 12, 2016, that governs the operation of the Licensee's establishment.
The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Licensee and Chairperson Kirsten Oldenburg, on behalf of ANC 6B, are signatories to the Agreement.
1 Accordingly, it is this 8th day of June, 2016, ORDERED that:
1. The above-referenced Settlement Agreement submitted by the parties to govern the operations of the Licensee's establishment is APPROVED and INCORPORATED as part of this Order, except for the following modifications:
Section 2 (Nature of Business) - The second sentence shall be modified to read as follows: "Applicant shall limit its total seating to no more than 60 patrons, inclusive of seating for up to 50 patrons on the interior dining area, and no more than 10 patrons in the Sidewalk Cafe on the front of the Premises."
Section 1 0 (Compliance with Agency Regulations) - This Section shall be modified to read as follows: "Applicant understands, agrees, and promises that they will maintain compliance with all laws and regulations of the District of Columbia at all times. Specifically, Applicant will ensure strict adherence to ABRA, Department of Consumer and Regulatory Affairs (DCRA), Department of Health (DOH), Department of Public Works (DPW) and other applicable DC Agency regulations regarding (a) conduct of its business and (b) the ownership of the license and all other provisions applicable to liquor licenses."
The parties have agreed to these modifications.
2. This Settlement Agreement replaces and supersedes previous Settlement Agreements between the parties; and
3. Copies of this Order shall be sent to the Licensee and ANC 6B.
2 District of Columbia Alcoholic Beverage Control Board
C--J::o\f-P'v'- ~~ Donovan Anderson, Chairperson &0U Nick Alberti, Member 2~~ ike Silverstein, Member
Ruthanne Miller, Member .. ~~;:ft:i/ es Short, Member
Pursuant to D.C. Official Code § 25-433(d)(I), any party adversely affected may file a Motion for Reconsideration of this decision within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., Suite 400S, Washington, DC 20009.
Also, pursuant to section 11 of the District of Columbia Administrative Procedure Act, Pub. L. 90-614,82 Stat. 1209, D.C. Official Code §2-510 (2001), and Rule 15 ofthe District of Columbia Court of Appeals, any party adversely affected has the right to appeal this Order by filing a petition for review, within thirty (30) days ofthe date of service of this Order, with the District of Columbia Court of Appeals, 430 E Street, N.W., Washington, D.C. 20001; (202/879- 1010). However, the timely filing of a Motion for Reconsideration pursuant to 23 DCMR §1719.l (2008) stays the time for filing a petition for review in the District of Columbia Court of Appeals nntil the Board rules on the motion. See D.C. App. Rule 15(b) (2004).
3 Settlement Agreement ANC6B
SETTLEMENT AGREEMENT BY AND BETWEEN ADVISORY NEIGHBORHOOD COMMISSION 6B and Cape Point Group, LLC d/b/a Lincoln Park Kitchen / Wine Bar
Pursuant to this Settlement Agreement, ("Agreement"), by and between Cape Point Group, LLC (d/b/a LincoIn Park Kitchen / Wine Bar) ("Applicant") and Advisory Neighborhood Commission 6B ("ANC6B"), effective as of the date ofits adoption by ANC6B, the parties hereto hereby agree to be legally bOUlld by the terms and conditions of this Settlement Agreement (SA) as it relates t() conduct ofbusincss located at I 0613 'b Street, SE, Washington, DC 20003 ("Premises").
WHEREAS, Applicant has applied before tile District of Columbia Alcoholic Beverage Regulatory Administration ("ABM") to effect, and is seeking its approval of a Class "c" Restaurant License (ABM-10028B) ("License"); and,
WFiEREAS Applicant has applied before ABRA to effect, and is seelcingits. approval of, a new License for the Premises; and
WFUlREAS, Applicant andANC6B are desirous of voluntarily entering into and mutually memorialize in this SA the terms and conditions upon which ANC6B has agreed to support Applicant's License, pursuantto the provisions !)f D.C. Code § 25·446, for the operation and maintenance of Applicant's business at the Premises in such a manner as to :further promote the peace, otder and quiet oftile neighborhood as well as maintain security and sattitation of the alley immediately behind the Premises; and,
WHEREAS, this is intended to replace in its entirety any and all previonsly-existing Settlement Agreements between the Patties, and all such previous agreements are hereby decl/lred superseded, null and void and of no further effect. Agreement may only be modified by written agreement of all the parties or their successors, or otherwise in accordance with law.
NOW, THEREFORE, AppliciI11t and ANC 6Bagree as follows:
1. Recitals "Incorporated. The recitals set fOlih above are incorporated herein by reference.
2. Nature of tile Business. Applicant wilImanage and operllte a full-service restaUrant ("Establishment") atthe.Premises. Applicant shall limit its total seating to no more than 75 patrons, inclu.sive of seating for up to 50 patrons on the interior dining area, and no more than 12 patrons in the Sidewalk Cafe on the front of the Premises. In no event shall Applicant operate or seek to operate the Establishment in excess of tile maximUUl nUlllber ofpatrons that may lawfully occupy the Premises pursuant to its Certificate of Occupancy.
3. Hours ofQper!ltion and Sales. The Applicant's hours of operation and alcoholic beverage sales may be changed from time to time itl Applicant's discretion, as mllY be otherwise permitted by its License, but ill no event shall exceed or extend beyond the following:
Lincoln Park Kitchen I Wille Bar Page 1 of5 Settlement Agreement ANC6B
The Applicant's hours of Operation shall be as follows:
Sunday through Thursday: 11:00 a.m.-1O:30 p.m. Friday and Saturday: 9:30 a.m. - 11 :00 p.m.
The Applicant's sale of alcohol within the Premises and on the Sidewalk Cafe shall be as follows:
Sunday through Thursday: 11 ;00 a.m. - 10:30 p.m. Friday and Saturday: 9:30 a.m. -1l:00p.m.
Provided, however, (1) on days designated by the DC ABC Board as "Extended Hours for ABC Establishments," Applicant may serve alcoholic beverages for one additional hour solely as to inside sales and operations; (2) inthe event the Council of the District of Columbia orlhe ABC Board gl'!tnt lioensees, in general, extended operating hours for particular event(s), Applicant may avan itself of such elltendedhours solely as to inside operations; and, (3) on JllllUary 1 of each year Applicant may serve alcoholic b.everages and provide entertainment unt113:00 a.m. Applicant must submit, as required by regnlation, any forms or document to the.authorizing agency for such extended hours.
4. R§9uirements for Operation Qf Sidewalk Cafe. Applicant shall operate its Sidewalk Cafe consistent with the terms and conditions ofits Public Space Management Branch Certification for such space, and shall Cause its employees to maintain the Sidewalk Cafe in a dean and orderly manner, and not to Cl/use or permit storage of any refuse, foodstuffs, perishable or odiferous materials in or adjacent to the Sidewalk Cafe. Applicant shall cause the area extending from the Sidewalk Cafe to the curb 011 the side ofthe Establishment to be regularly swept and shall remove litter and debris on not less than a daily basis, weather permitting. Applicant will also post a sign in the vestibule stating, "Patrons, please be considerate of our neighbors."
5. Refuse Storage and Disposal. Applicant shall comply with DCMR 21-704.3-704.5 by utilizing and regularly maintaining one or more food waste (garbage) grinder(s) adequate in cl:\pacity to dispose of all readily grindable food wastes produced.
Applicant shall ensure that the area around the trash receptacles are kept clean at all times 1ll1d are stored such that it does not encroach on the abutting property owners and that no garbage is placed on the abuttuIg propel1:y. Applicant shall ensure that 110 trash is placed outside the establisluuent other than in a fully-closed receptacle. Applicant shaUen~ure that the lids on all receptacles are fully closed at all thnes .. Applicant shall not place trash in its receptacles in a luanner that would preventthe full closure of the lid of the receptacle. Applicant shallel1sure that all re.ceptacles used are properly maintained and replaced when damaged.
Garbage and recycling shall be cQllected a minimum of3 days per week (or such more frequent schedules as may be reasonably necessary to prevent the receptacles from exceeding their capacity), and applicant shal! adhere to the following conditions:
a. Garbage, recyclable, and grease collections shall not occur before 7:00 a.m. or after 7:00 pm;
Lincoln Park Kitchen / Wine Bar Page 2 ofS Settlement Agreement ANC6B
b. No glass, other recyclable or non-recyclable trash shall be disposed of into the exterior trash receptaoles or after 10 p.m. or before 7 a.m. Any glass material needing to be recycled or otherwise disposed between 10 p.m .. and7 a.m. shall be stored inside the Applicant's establishment Illltil 7 a.m. c. Applicant shall explore the capacity to store grease in a receptacle designed to store grease. in the interior of the Premises; d. All receptacles shall be kept within the trash enclosure only, Illliess being hauled to or from sanitation trucks; e. All l'Cceptal)les shaUbe.secured with. lids (as per their design), including while within the trash enclosure and while being hauled to and from sanitation trucks; £ All recep.tacll:ls used for garbage, recyclables, and grease shall be maintained in good repair, safe and sanitary condition; g. Garbage and recycling spills shall be cleaned up as they occur; h. Daily, prior to opening, the Applioant shall ensure that no debris was left within our outside of the trash enclosure and that the trash enclosure doors. are properly shut and secure; i. The applicant shall wash out the trash rec.eptacles weekly or more often in order to. prlilvcntfoodor gl'ease film on thetloor of the enclosure or on the .receptacles; and, J. The Applicant shall cooperate and permit inspection of the Premises, including but not limited to the trash storage area, as may be reasonably requested by any District of Columbia governmental entity.
6. Noise,Odl!r and Emission Contro.l. In compliance with D.C. Official Code § 25·725, no loud noises, objectionable sOllllds, foul odors, or other conditions shall be created or permitted by Applicant to. be publioly observable or emitted beyo.nd the immediate proximity of the Premises. Applicant will take all reasonable steps necessary to mitigate noise emanating from mechanical equipment .associated with the Applioant's operations (e.g. air cenditioning unit, grease f,m) to oomply with applicable DC noise pr.ovisiolls, prevent an increase in existing sOlllld level from such equipment, l111d minimize or abate noises .objectionable to residential neighbors. Mitigating actions may include installation and maintenance of sotllld dampening orabsorbing materials on the Premises and use of materials sufficient to eliminate noise Of vibration fTom penetrating the abutting bnilding arising from ordinary and customary usage of the .Premises.
7. Ratl!nd Vermin ControL Applicant sballmaintaill in force a contract for regular and recurringapplicatioll of a plan. for pest control that includes baiting or similar rodent abatement prooeduresfor the Premises including the exterior trash storage area. Applicant shall not store or place foodstuffs or other consumable goods of any type outside the Premises or in the trash storage enclosure. Any leak Or spillage of grease shall be promptly cleaned utilizing standard industry practices such as solvents and power washing fer such Illlcontained grease, and any damaged or leaking containers shall be promptly repaired or replaced.
8. Maintenance .of Public Space Mjaeent to.. the Premises. Applicant shall maintainfhe public space adjacl;)nt to and in ftont ofthe Premises in a clean and .orderly manner, and not cause er permit storage of any refuse, foodstuffs, perishable or odifer.ons materials in or Ildjacent to the Premises. The Applicant shall cause the area extending from the front door(s) to the curb
Lincoln Park Kitchen! Wine Bar PageS of5 Settlement Agreement ANC6B
andftom the sidewali( cafe to the curb on the front of the Establishment to be regularly swept, and shall remove litter and debris on not less than a daily basis, weather permitting. If necessary, Applicant shall provide exterior receptacles for extinguishing and disposing ofsmokillg materials, and su<;h supplelllental refuse disposal receptacles as may be reasonably required to contain and minimize public disposal oftrash and litter originating from the Premises.
9. Security CooperatiQll in Stemming Loitering and IJIegal Drugs. Applicant shall to the full extent permissible by law discourage loitering in the vicinity of the Premises. Applicant agrees to monitorfo't and prohibit sales or use of illegal drugs within 01' about the Premises and maintain colitact and cooperate with MPD and other enforcement officials when known or suspected. drug activities occur,
10. CompllMce with Agency Regulations. Applicant will ensure that it abides by ABRA, Department of Consumer and. RegulatoiY Affairs (OCRA), Department of Health (DOH), Department of Public Works (DPW) and other applicable DC Agency regulations regarding (a) conduct of its business and (b) the ownership of the license and all other provisions applicable to liquor licenses. Violationsot' DC Agency regulations shall constitute a violation ofthis Agt'®ment.
INWITNESS WHEREOF, the parties have affixed hereunto their signatUl'es.
Applicant:
Cape Point Group, LLC d/b/a LinCQln Park Kitchen / Wine Bar ABRA# 100288 10613" Street, SE W . gton, DC 20003
r,....L....;:..W SignatUl'e: -¥-+------~------ ANC: Advisory Neighborhood Commission 68 921 Pennsylvania Avenue, SE Washington, DC 20003 Kirsten Oldenburg, Chairperson Lincoln Park Kitchen / Wine Bar Page40f5 Settlement Agreement ANC6B __ ~4(1~ Date: Lincoln Palk Kitchen I Wine Bar Page 5 ofS 921 pennsylvania Avenue SE May 18, 2016 Washington, DC 20003"2141 [email protected] 202'54Mt642 Donovan Anderson, Chair Alcoholic Beverage Control Board OFFICERS 2000 14 111 Street NW, Suite 4008 Chair Washington, DC 20009 K/roien Oldenburg Vlce"Chalr VIA E-MAIL: £b!:a,[email protected] Nick BJ,irg$r Secretary th Dan/s/Chao RE: ABRA -1 00288·-Lillcoin Park KitchenlWl11e Bar, 106 13 Street SE, Tf\lasurer renewal of Class C Restaurant license 01.". HoskJns Parliamentarian- Dear Mr. Anderson: DenIs<> Kropp At its regularly scheduled, properly noticed meeting of May 10, 2016, with a COMMISSIONERS quorum present, Advisory Neighborhood Corumission (ANe) 6B voted 8-0-0 to SMO 1 Jennifer Semolyk support the above-referenced ABC license renewal. SMO 2 Dlene H(Jsklhs SMD 3 James Loots SMO 4 KIf'ltenQldenl)urg For yom' review and approval, please tind attached a Settlement Al.nendillent, SMD 5 Steve Hagedom which waa executed byboth parties. SMD 6 Nlak8urrjer SMD 7 De"iel Chao SMD a ChahcJer J,ayaraman Please contact Commissioner Chander Jayaranlan, ANC 68's Alcohol Beverage SMD 9 Dan/e! Rlqge SMO 10 Oen/se Kropp Control Committee Chair, at 202-546·2609 or [email protected] if you have questions Qr need further inio!l11ation. Thank you. Sincerely, ck(9{vl Kirsten Oldenburg Chair Attachment