Capital Reporting Company ABRA - Three Way Liquors, Inc. 11-07-2012 1 DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD MEETING --------------------------------x IN THE MATTER OF: : : Three Way Liquors, Inc. : t/a Three Way Liquors, Inc. : 4823 Georgia Avenue, NW : Protest Retailer A : Hearing License No. 21972 : ANC 4D : Case No. 12-PRO-00058 : Renewal Application : --------------------------------x November 7, 2012 The Alcoholic Beverage Control Board met in the Alcoholic Beverage Control Hearing Room, Reeves Building, 2000 14th Street, N.W., Washington, D.C., Ruthanne Miller, Chairperson, presiding. (866) 448 - DEPO www.CapitalReportingCompany.com © 2012 Capital Reporting Company ABRA - Three Way Liquors, Inc. 11-07-2012 2 4 1 PRESENT 1 P R O C E E D I N G S 2 2 2:54 p.m. 3 RUTHANNE MILLER, Chairperson 3 CHAIRPERSON MILLER: Okay. It's 2:54. I 4 NICK ALBERTI, Member 4 don't know if everybody is back here on the Three Way 5 DONALD BROOKS, Member 5 Liquors case. Mr. Dietz isn't? Okay. You can come to 6 HERMAN JONES, Member 6 the table, whoever is a party in this case. I'm going 7 CALVIN NOPHLIN, Member 7 to wait for the -- for the other party except to say 8 MIKE SILVERSTEIN, Member 8 you can use this time to sign in on that piece of 9 9 paper. And I'll call the case. I can do that as well. 10 10 This is Case No. 12-PRO-00058, Three Way 11 11 Liquors, located at 4823 Georgia Avenue, N.W., License 12 12 No. 21972, in ANC 4D. Okay. Thank you all for waiting 13 13 and I apologize that your case was delayed as a result 14 14 of another hearing taking longer than expected. Why 15 15 don't we start with introductions of the parties 16 16 starting with the Licensee? 17 17 MR. DIETZ: I'm Bernard C. Dietz representing 18 18 the applicant, Three Way Liquors, Inc. I have with me 19 19 Mr. Jung S. Yu, who is president of the corporation. 20 20 CHAIRPERSON MILLER: Okay. It's Mr. Yu? 21 21 MR. YU: Yeah, my name is Jung Yu. 22 22 CHAIRPERSON MILLER: Okay. 3 5 1 C O N T E N T S 1 MR. YU: I'm the Three Way Liquor co-owner. 2 3 Opening Statement for the Licensee . 14 2 CHAIRPERSON MILLER: Thank you. All right. Opening Statement for the Protestant . 15 3 And then the protestants? 4 4 MR. WAY: I'm Reverend Alfonso Way, pastor of 5 6 WITNESSES 5 Faith Assembly of Christ Church. 7 Jung Yu . .17 6 CHAIRPERSON MILLER: Okay. Tawanna Way . .59 7 MS. WAY: I'm Ms. Tawanna Way. I am a member 8 Charles Bond . .112 9 8 and the first lady of the Assembly of Christ in 10 9 Washington. 11 EXHIBITS 12 Licensee's 10 MR. BOND: My name is Charles Bond, B-O-N-D. 1 Photograph of Licensee's property . 50 11 I'm the owner of Faith Assembly of Christ and I'm also 13 2 Photograph of Protestant's church . 50 12 an elder of the church. 3 Photograph of Licensee property, interior . 50 14 4 Photograph of Licensee property, interior . 50 13 MS. SHELER: I'm Ms. Donna Sheler, member of 5 Photograph of Licensee property, interior . 50 14 CHAIRPERSON MILLER: I wait -- oh, wait. You 15 6 Photograph of neighborhood storefronts . .50 15 know what? I think you all may have to come speak into 7 Photograph of Colony Liquor Store . 50 16 8 Photograph of neighborhood nightclub . .50 16 the microphone in the -- in the back. Are you 17 Protestant's 17 witnesses or are you individual parties, those of you 1 Photos of loiterer, trash, etc. .147 18 in the back? 18 2 Citation from Health Department of Licensee . .147 4 Photographs of trash near property of Licensee . 147 19 PARTICIPANT: Witnesses. 19 20 CHAIRPERSON MILLER: Witnesses. They're all 20 21 just a part of your party and you're representing the 21 22 22 party, correct? (866) 448 - DEPO www.CapitalReportingCompany.com © 2012 Capital Reporting Company ABRA - Three Way Liquors, Inc. 11-07-2012 6 8 1 MR. WAY: Yeah. 1 will have to continue is our investigator is sick, the 2 CHAIRPERSON MILLER: So you can identify 2 one who did the investigative report on this protest. 3 yourselves later when you're going to testify. Okay. 3 And he is a key witness, I would think, for everybody 4 And this woman? 4 to ask questions about the report. So we will be 5 MR. YU: My wife. 5 scheduling a continuation. I hope it's just for, like, 6 CHAIRPERSON MILLER: Okay. What's your name? 6 for that purpose. 7 MS. YU: Sunghee Yu (ph). 7 So we're going to see if we can get through 8 CHAIRPERSON MILLER: Okay. All right. Now, 8 the rest of the case within the two hours that we have. 9 I want to start with just addressing some logistical 9 Yeah. 10 issues that I think we -- that I -- that have been 10 MR. WAY: Well, just for protocol is that 11 brought to my attention. One is that we have to end 11 mandatory that the investigator be here? Is it 12 this hearing by 5:00 because one of the attorneys, Mr. 12 optional? 13 Dietz, has to leave to go to New York -- or is that 13 CHAIRPERSON MILLER: It is not mandatory 14 correct -- for a family emergency? 14 actually with -- if you all want to waive your right to 15 MR. DIETZ: I have to go take care of my 15 cross-examine, you could do that. But we don't want to 16 wife. 16 take that right away from you if you want it. 17 CHAIRPERSON MILLER: Okay. 17 MR. WAY: Right. The only reason that I -- 18 MR. DIETZ: My wife is home from the 18 CHAIRPERSON MILLER: Yeah. 19 hospital. She requires an infusion of antibiotic at 19 MR. WAY: -- state that is because we've gone 20 7:30. I live in Western Loudoun County. And the only 20 to immeasurable lengths to take off from working our 21 train that would -- the last train that would get me to 21 jobs to be here. 22 Brunswick, Maryland leaves the station at 5:30. 22 CHAIRPERSON MILLER: Okay. 7 9 1 CHAIRPERSON MILLER: Okay. So -- 1 MR. WAY: And we've waited a long time. And 2 MR. DIETZ: Which means I have to hop on the 2 we've been brushed off before and not saying that 3 green line, get over to Union Station in time to make 3 that's the case. But investigator -- the 4 the train. 4 investigator's presence is not critical to us -- 5 CHAIRPERSON MILLER: Okay. 5 CHAIRPERSON MILLER: Okay. 6 MR. DIETZ: It's very important she has this 6 MR. WAY: -- because his report is over 50 7 infusion. She -- 7 pages long. And much of the testimony will provide the 8 CHAIRPERSON MILLER: I -- that's okay. You 8 panel with the -- with the data and facts that you can 9 don't have to go into all the personal details. I 9 determine the case. 10 accept that. What I want to know is 5:00 -- 10 CHAIRPERSON MILLER: All right. 11 MR. DIETZ: Yeah. 11 MR. WAY: So we don't want to prolong the 12 CHAIRPERSON MILLER: Can you leave at 5:00? 12 case. 13 Because I will plan that we'll end at 5:00 or at an 13 CHAIRPERSON MILLER: Well, let me ask if both 14 appropriate stopping point unless it has to be earlier. 14 parties -- do you have a concern about cross-examining? 15 MR. DIETZ: As long as I'm out the door by 15 MR. DIETZ: It's absolutely essential that 16 5:00. 16 the investigator be here -- 17 CHAIRPERSON MILLER: 5:00. Okay. We have 17 CHAIRPERSON MILLER: Cross-examine? 18 another logistical problem. But, you know, your case 18 MR. DIETZ: -- for cross-examination. 19 is going to get heard. It's going to get heard fully. 19 CHAIRPERSON MILLER: Okay. So it will be a 20 It doesn't mean we're going to end at 5:00 and if we 20 short, I assume, continuation if that's all that's 21 haven't heard from you, forget it. We'll continue. 21 left. So -- and there's a right to cross-examination. 22 Okay. So the other issue we have, which we actually 22 And this is a key witness. So I can't just brush it (866) 448 - DEPO www.CapitalReportingCompany.com © 2012 Capital Reporting Company ABRA - Three Way Liquors, Inc. 11-07-2012 10 12 1 off. All right. So why don't we then -- you know, we 1 CHAIRPERSON MILLER: Okay. 2 normally start with the investigator and the report. 2 MR. DIETZ: And that's verified -- that's 3 The investigator's report is in the record. He's not 3 also on the transcript of the status hearing. So it's 4 here so we'll move to -- I don't know if you've been 4 my understanding we have one protestant. 5 here for a protest hearing before but it's usually the 5 CHAIRPERSON MILLER: Right. One protestant 6 investigator goes first. So he's not here. So then we 6 and it's you all as abutting neighbor.