THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

AKC Briceno, LLC t/a Taqueria Rosticeria Fresca

Applicant for a New Retailer's Class CR License

at premises 701 H Street, NE Washington, D.C. 20002

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Case No.: 16-PRO-00123 License No.: ABRA-104296 Order No.: 2017-165

AKC Briceno, LLC, t/a Taqueria Rosticeria Fresca (Applicant)

Chris Miller, Commissioner, Advisory Neighborhood Commission (ANC) 6C

Kimberly Neutzling, on behalf of A Group of Ten Individuals

BEFORE: Donovan Anderson, Chairperson Nick Alberti, Member Mike Silverstein, Member James Short, Member Mafara Hobson, Member Jake Perry, Member

ORDER ON SETTLEMENT AGREEMENT AND WITHDRAWAL OF PROTESTS

The Application filed by AKC Briceno, LLC, t/a Taqueria Rosticeria Fresca (Applicant), for a new Retailer's Class CR Ljcense, having been protested, came before the Alcoholic Beverage Control Board (Board) for a Roll Call Hearing on December 19, 2016, and a Protest .Status Hearing on January 25, 2017, in accordance with D.C. Official Code § 25-601 (2001).

The official records of the Board reflect that the Applicant, ANC 6C, and a Group ofTen Individuals have entered into a Settlement Agreement (Agreement), dated March 7, 2017, that governs the operation of the Applicant's establishment.

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The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Applicant; Commissioner Chris Miller, on behalf of ANC 6C; and Kimberly Neutzling, on behalf of the Group ofTen Individuals; are signatories to the Agreement.

This Agreement constitutes a withdrawal of the Protests filed by ANC 6C and the Group of Ten Individuals.

Accordingly, it is this 22nd day of March, 2017, ORDERED that:

1. The Application filed by AKC Briceno, LLC, t/a Taqueria Rosticeria Fresca, for a new Retailer's Class CR License, located at 701 H Street, NE, Washington, D.C., is GRANTED;

2. The Protests of ANC 6C and the Group of Ten Individuals in this matter are hereby WITHDRAWN;

3. The above-referenced Settlement Agreement submitted by the Parties to govern the operations of the Applicant's establishment is APPROVED and INCORPORATED as part of this Order, except for the following modification:

Section 13 (Right to Seek Redress) - The language "to petition the Board for a hearing to Show Cause, as provided by D.C. Code § 25-446(e)" shall be replaced with the language "to file a complaint with the ABC Board pursuant to D.C. Official Code § 25-447."

The parties have agreed to this modification.

4. Copies of this Order shall be sent to the Applicant, ANC 6C, and Kimberly Neutzling, on behalf of the Group ofTen Individuals.

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District of Columbia Alcoholic Beverage Control Board

ike Silverstein, Member

J ames Short, Member

Pursuant to D.C. Official Code § 25-433(d)(l), 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 of the 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 of the 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 § 1719.1 (2008) stays the time for filing a petition for review in the District of Columbia Court of Appeals until the Board rules on the motion. See D.C. App. Rule 15(b) (2004).

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In the Matter of:

Taqueria Rosticeria Fresca, Briceno, LLC Applicant for a New Retailer's Class C License at premises 701 H Street, N.E. Washington, D.C. 20002

Taqueria Rosticeria Fresca, Briceno, LLC (Applicant) License No.: ABRA - 104296

Community Group often (10), 700 block ofH Street NE (Protestants).

&ANC 6C

This agreement is made and entered into on this day March 7, 2017, by and between Taqueria Rosticeria Fresca (hereinafter the "Applicant"), ANC 6C, and the group often residents of the 700 block of H Street NE (hereinafter the "Protestants").

WHEREAS, The Applicant having filed an application with the District of Colombia Alcoholic Beverage Control Board (hereinafter" ABC Board") for issuance of a Retailer's Class C license for premises of701 H Street, NE, Washington, D.C.

WHEREAS, in recognition of the ABC Board's policy of encouraging parties to a protested proceeding to settle their differences by negotiating agreements, the parties hereto being desirous of entering into an agreement whereby, subject to approval of the ABC Board, the Applicant will agree to adopt certain measures to address the Protestants' concerns and Protestants will agree to the issuance of the ABC License and withdraws their Protests.

NOW, THEREFORE, in consideration of the mutual covenants and undertakings memorialized herein, the pm1ies agree as follows:

1. Nature of Business: Applicant will operate at all times as a bona-fide Class C (as such term is defined in ABC stahltes and regulations) establishment. Food service will be available until closing. Applicant will not make its premises available to non-employee promoters for presentation of advel1ised "parties" or "events" intended to generate profit for such promoters. Applicant will not pat1icipate in any "Pub Crawl" promotions of similar activities.

2. Hours of Opel·ation: Applicant's operating hours shall not exceed 10:00 am to 11 :00 pm Sunday tlu'ough Thursday and 1 :00 am on Friday and Saturday. These hours only apply to service in the interior of the Establislm1ent, not to the sidewalk cafe. It is understood that after cessation of said operating hours, no patrons shall remain on the premises. The applicant will have the opportunity to extend the hours of operation by one hour tlrrough extended holiday hours program.

a. Applicant's operating hours for the sidewalk cafe shall not exceed 10:00 am to 10:00 pm Sunday tlll"ough Thursday and 10:00 am to 10:30 pm Fridays and

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Saturdays. These hours include set up and breakdown of all sidewalk cafe equipment and service accessories.

3. Noise Suppression: Applicant acknowledges that Protestants are extremely concerned regarding the potential noise emanating from this Establislunent and that noise is a critical issue for the neighborhood. Applicant recognizes the sensitive nature of this property due to the majority of the frontage on a residential street. The Establishment operation shall at all times be in compliance with all noise laws, regulations, and ordinances, including the D.C. Noise Control Act and DC Code 25-725. No noise from the Applicant's facility, including unamplified voices and/or amplified music shall be heard in any other premises.

Noise suppression and abatement measures the Applicant will take shall include, but are not limited to:

a. No doors or windows may be propped open for any purpose after 8:00 pm; b. Applicant will encourage employees, contractors, and patrons to be considerate Of

residents in the neighborhood by keeping voices low, conversations and other noises should be kept at a level that will not disturb the peace, order, quiet, and tranquility of residents in their enjoyment of their homes and by departing the vicinity of the premises immediately upon exiting;

c. No fewer than two signs shall be posted in the sidewalk cafe reminding patrons that they are in a residential neighborhood and to keep their conversations at a reasonable level;

d. Applicant will discourage patrons, employees, contractors, or others from loitering in the sUlToll11ding area after leaving the Establisllll1ent;

e. Applicant shall not install, use, or pennit to be used any exterior speakers; f. Amplified music shall not be permitted in the sidewalk cafe. Any amplified

music in the interior space will cease by 10:00 pm. No live music is permitted. g. Applicant will not install a dance floor or allow dancing; h. No activity related to the Establislmlent shall occur in the adjacent alley. This

includes, but is not limited to, deliveries, break room, kitchen door, smoking area for employees, etc.

4. Deliveries: To maintain the peace, order and quiet of the surrounding neighborhood, Applicant shall receive all deliveries of food, beverages, and supplies during the hours between 9:00 am and 5:00 pm Monday - Friday. No deliveries shall be accepted on weekends.

5. Access to the Premises: As all ingress and egress points to the Establislunent cunently are on a residential street, the Applicant will discourage patrons from fonning a queue for entry into the Establishment. Applicant will encourage patrons to enter and exit through the n011h most door after 10:00 pm by posting signs directing patrons to the appropriate door. The south most door will not be used as a point of ingress or egress. EXCEPTION:

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All doors may be used for emergency exits. They must be secured and alarmed during hours of operation.

6. Trash Pick-Up and Removal: Applicant will maintain regular trash, recycling and garbage removal service at least three times weekly, which will occur only dming the hours from 9:00 am to 5:00 pm Monday through Friday. All trash and garbage shall be stored in the interior of the premises lU1til it is to be picked up by Applicant's hauler. The Applicant shall keep dumpster lids tightly closed and incapable of being entered by rodents to limit odors and help control pest and rodent population. Applicant will contract for, at a minimum, monthly rodent and pest (insect) abatement. The Applicant shall not emit objectionable odors and take all reasonable actions to mitigate odors emanating from the Establishment, including washing the trash area. To maintain peace, order, and quiet, no trash or recycling receptacles will be housed in the alley adjacent to the Establishment and there shall be no outdoor disposal of glass bottles after 9:00 pm.

a. Applicant will provide for the proper (recyclable) removal of grease and oils and will not deposit these substances for removal in dumpsters or trash cans. Any service engaged in the removal of grease and oils shall provide services only during the hours from 9:00 am to 5:00 pm Monday through Friday.

7. Pal'ldng: Applicant will encourage patrons and employees to take public transportation and not park on residential streets. Applicant shall not pennit parking by employees or contractors on the public space between the building and the curb. Applicant will discourage all individuals, companies, or organizations with which it does business from using the adjacent alley for loading and unloading supplies, provisions, equipment, trash, or people.

8. Safety, Security, and Loitering: Applicant shall not permit non-patrons to loiter in the sidewalk cafe. Applicant shall make every effOli to prohibit and prevent loitering and criminal activity on or in front of the Establishment premises including, but not limited to:

a. Asking loiterers to move on whenever they are observed outside the Establishment;

b. Calling the Metropolitan Police Department if illegal activity is observed; c. Keeping a written record of dates and times (a "call log") when the MPD is called

for assistance; and d. Applicant will maintain a detailed incident log. An incident is defined as any

activity by patrons of the Establislunent inside or irrunediately outside the Establishment that could lead to an ABRA investigation. Each incident will contain the date, time and location of each incident with a concise summary. Guests and staff involved or witnesses of the incident will be identified and listed if possible. Ifthere is a medical 01' police response, that infoIn1ation will also be noted.

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9. Smoking: The Applicant shall not permit smoking in the sidewalk cafe. The Applicant shall not place any ashtrays or ash receptacles in or near the sidewalk cafe, or anywhere on 7th Street. Applicant will instruct all patrons, employees, contractors, and others with business at the premises not to use the sidewalk cafe as a smoking area. The Applicant will place "No Smoking" signs in the sidewalk cafe and in the adjacent alley near the sidewalk cafe. The Applicant will direct any smokers affiliated with the Establishment to move out of these areas .

10. Signage/Publicity: All signage will only adve11ise food and beverages. Applicant agrees that any lighting installed or used in the sidewalk cafe will not have an impact on residential prope11ies.

11. Communication with Protestants: The Applicant agrees to work in good faith with the Protestants to address and resolve any perceived problems arising fi'om the operation of the business. Applicant agrees to provide a personal contact number to the Protestants.

12. Withdrawal of Protest: Protestants agree to the issuance of the license and the withdrawal of their protests upon execution of this Agreement, provided that this Voluntary Agreement is incorporated into the Board's order issuing, amending, or renewing the license, which order is thereby conditioned upon compliance with such Voluntary Agreement.

13. Right to Seek Redress: The parties agree that Applicant will be given written notice of any alleged violation of this Agreement and will be afforded ten (l0) days in which to investigate and respond to any complaint. The parties agree that if any complaint of violation of this Agreement is not so resolved, then any failure of the Applicant to adhere to the foregoing commitments will constitute a breach of this agreement and grounds for the Protestant to petition the Board for a hearing to Show Cause, as provided by D.C. Code 25-446( e).

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IN WITNESS WHERE OF, the Parties place their signatures to this agreement, this 7th

day of March, 2017.

Protestant(s) Representative for the Group ofTen (10)

by Angelle Smith Baugh

(~ by Corrunissioner Chris Miller ANC6C

Jordan Baugh

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