government of the district of columbia · washington: 202-898-1108 • baltimore: 410-752-3376 toll...

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OLENDER REPORTING, INC. 1100 Connecticut Avenue N.W., #810, Washington, D.C. 20036

Washington: 202-898-1108 • Baltimore: 410-752-3376 Toll Free: 888-445-3376

GOVERNMENT OF THE DISTRICT OF COLUMBIA 1

ALCOHOLIC BEVERAGE REGULATION ADMINISTRATION 2

ALCOHOLIC BEVERAGE CONTROL BOARD 3

4

- - - - - - - - - - - - - - -X 5

IN THE MATTER OF: : 6

Harco, Inc., : 7

t/a Archibald's/Fast Eddies : Fact Finding 8

Billiards Cafe : Hearing 9

1520 K Street, NW : 10

License #931 : 11

Retailer Class CN : 12

ANC 2B : 13

Request for a Change of Hours: 14

- - - - - - - - - - - - - - -X 15

Wednesday, December 07, 2016 16

17

Whereupon, the above-referenced matter 18

came on for hearing at the Alcoholic Beverage 19

Control Board, Reeves Center, 2000 14th Street, 20

N.W., Suite 400S, Washington, D.C. 20009. 21

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CHAIRPERSON: 1

DONOVAN ANDERSON, Presiding 2

3

BOARD MEMBERS: 4

NICK ALBERTI 5

MICHAEL SILVERSTEIN 6

JAMES SHORT 7

JAKE PERRY 8

9

ALSO PRESENT: 10

11

DANIEL HARRIS, 12

On behalf of Fast Eddies Billiards Cafe 13

JAMES RITTER, 14

On behalf of Fast Eddies Billiards Cafe 15

16

17

18

19

20

21

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

[11:56 a.m.] 2

MR. DONOVAN ANDERSON: All right. All 3

right. Our next case, we have a fact finding 4

hearing on, um, Fast Eddies Billboards (sic) 5

Cafe, License #931. Will the parties please 6

approach and identify themselves for the record, 7

please? 8

MS. DANIEL HARRIS: Daniel Harris, 9

President of Harco, Inc, trading as Fast Eddies 10

and Archibald's. 11

MR. DONOVAN ANDERSON: Good morning, sir. 12

MR. JAMES RITTER: James Ritter, 13

Operating Partner. 14

MR. DONOVAN ANDERSON: Good morning, sir. 15

There's a sign-in sheet that I would like you to 16

sign your name in. Sign the sign-in, please. 17

Yeah, just sign your name on the sheet, please, 18

if you have not done so already. You can use the 19

pencil that -- that's on the table. 20

All right. The reason why we brought -- 21

brought you in is that you asked for a change of 22

4



hours. Your current hours of operations are -- 1

hours of operation -- Sunday through Thursday, 2

from 11:00 a.m. to 2:00 a.m., Friday and 3

Saturday, 11:00 a.m. to 3:00 a.m. Your hours of, 4

um, sales and consumption are Monday -- are 5

Sunday through -- Sunday through Thursday, from 6

11:00 a.m. to 2:00 a.m., and Friday and Saturday, 7

from 11:00 a.m. to 3:00 a.m. You're -- the change 8

that you're requesting for is that you would like 9

to be open 7 days a week, from 11:00 a.m. to 6:00 10

a.m., but your sales and consumption will remain 11

the same. 12

So, the Board needs to get some further 13

information from you, why is it that it's 14

reasonable to grant these hours, from 11:00 a.m. 15

to 6:00 a.m. every day. 16

MS. DANIEL HARRIS: We wanted -- we were 17

considering -- we're not saying we're going to do 18

this -- but, uh, opening for breakfast, to serve 19

this. We have many requests for late-night food 20

from, uh -- there's a Hyatt open next to us. 21

We're across from the Capitol Hilton, next door 22

5



to St. Regis. There's also a lot of other clubs 1

in the neighborhood, and we were contemplating 2

opening to serving, uh, late-night. There's no 3

place in the neighborhood you can get food, so we 4

were contemplating opening for breakfast. 5

MR. DONOVAN ANDERSON: So, what time will 6

you be serving breakfast? 7

MR. JAMES RITTER: Originally, we -- you 8

know, our -- our -- our plan was to stay 1- to 2 9

hours past the service of alcohol. Uh, um, we -- 10

we wanted that flexibility 'til 6:00. We -- we 11

put 6:00 down just because we weren't sure how 12

successful it would be, and we wanted to make 13

sure that we were, uh, in compliance. It would be 14

the -- for the late-night, uh, crowd, when 15

they're -- they're done, stopping by, you know, 16

sobering up, you know, getting some, uh -- some 17

food in their belly, uh, and -- and also the, uh 18

-- the hotels next door. 19

MR. DONOVAN ANDERSON: So, you're 20

basically asking for an extra -- from 2:00 a.m. -21

- from 2:00 a.m. to 6:00 a.m., Sunday through 22

6



Thursday, and from 3:00 a.m. to 6:00 a.m. on the 1

rest of the days to -- to serve food, so -- but 2

you're aware that, uh, from -- if -- if the Board 3

was to grant these hours that you could not be 4

serving alcohol after 2:00 a.m., Sunday through 5

Thursday, and after 3:00 -- 3:00 a.m., Friday and 6

Saturday. 7

MS. DANIEL HARRIS: Absolutely. 8

MR. JAMES RITTER: Yes, we are aware. 9

MR. DONOVAN ANDERSON: So, what would you 10

be doing with the alcohol? What -- how -- how 11

would you be securing the alcohol if -- if you 12

couldn't -- if you cannot serve it after 2:00 13

a.m. and 3:00 a.m. respectively? 14

MR. JAMES RITTER: Yeah. Well, if you -- 15

if you want us to pull it off -- 16

MR. DONOVAN ANDERSON: I'm asking you, 17

sir. You're asking for -- 18

MR. JAMES RITTER: Yeah, but also -- 19

MR. DONOVAN ANDERSON: You're asking for 20

the extended hours, and you know that you cannot 21

sell -- 22

7



MR. JAMES RITTER: Yeah. 1

MR. DONOVAN ANDERSON: -- alcohol. And 2

so, therefore, if you're open -- 3

MR. JAMES RITTER: Mm-hmm. 4

MR. DONOVAN ANDERSON: -- and one of the 5

ABRA investigators comes into your establishment, 6

and the bar's open -- 7

MR. JAMES RITTER: Mm-hmm. 8

MR. DONOVAN ANDERSON: -- the bar's still 9

there, all the alcohol is there, you could still 10

sell it. You can get in trouble. So, you tell us 11

how we're going to help you not get in trouble. 12

MR. JAMES RITTER: You know, honestly, 13

our plan was to ensure that our -- our staff 14

simply didn't serve it. I mean, our -- our 15

management team and our -- our staff, you know, 16

being very well educated, to -- to ensure that 17

after the -- the 2:00 a.m. and 3:00 a.m. cutoffs, 18

that, actually, no alcohol would be served or 19

consumed. That was our plan. 20

MS. DANIEL HARRIS: Presently, we stop 21

serving, uh, 15 minutes before, uh, 2:00 during 22

8



the week and 3:00 on the weekends. 1

MR. DONOVAN ANDERSON: I know, and -- and 2

your doors are closed, so therefore, we know that 3

if -- if we go to your establishment Sunday 4

through Thursday, at 2:15, we -- we will know 5

that the lights will be off, the doors will be 6

locked, and there are no customers in there. 7

That's correct, right? 8

MS. DANIEL HARRIS: Everyone is out by 9

2:00 during the week, 3:00 on the weekend. 10

MR. DONOVAN ANDERSON: Right. Right. But 11

if we now agree to extend the hours, at 2:00 12

a.m., your door is still open. The investigator 13

comes in, the bar is still open, the liquor's 14

still there, how -- We're not going to be there 15

every day to monitor you, so how do we know that 16

if you're open after 2:00 a.m., Sunday through 17

Thursday, and after 3:00 a.m., that one of -- 18

You're not there- - I'm not sure if you're going 19

to be there every day -- that one of your 20

employees -- someone coming off the street, and 21

while they're having their breakfast, they want 22

9



to get a glass of wine, they want to get a beer 1

or whatever while they're -- 2

How -- how are you going to ensure -- 3

going to tell the Board that the -- that -- that 4

liquor will not be served after 2:00 a.m. and 5

3:00 a.m.? That's why we brought you in here. 6

MR. JAMES RITTER: It -- it -- it's the 7

same -- it's the same level of trust that we have 8

that we ensure that we do not serve anyone under 9

the age of 21. You know, I mean, there's -- 10

there's -- We educate our staff, we educate our 11

management teams, on the -- the policies to make 12

sure that we are in compliance with all ABC and 13

ABRA laws. You know, it's -- it's the same exact 14

thing: This is when we cut off; this is when we 15

don't serve. 16

And they're just absolutes. We don't do 17

this. We don't violate. Our record stands on 18

that, and we have no intention of doing anything 19

to violate that. Been in operation for 40 years 20

in the same location, and we have no intent, in 21

any way, shape, or form, to jeopardize that. 22

10



MS. DANIEL HARRIS: Uh, I've been there 1

since 1969, and this is the first time I've been 2

in front of the Board, so. 3

MALE SPEAKER: Good for you. 4

MS. DANIEL HARRIS: So, I'm very 5

compliant. 6

MR. DONOVAN ANDERSON: But we're not 7

there every day, so maybe you're just lucky. 8

Well, and -- and I'm hoping that you're -- 9

(Laughter) 10

MR. DONOVAN ANDERSON: And I'm hoping 11

that you -- you are -- you are the good operator, 12

and I -- I'm just -- I -- I didn't mean to be 13

flippant, but -- but -- because you -- you know 14

what the law is, and -- and -- and -- and so, 15

because you're asking for these hours, then you 16

have to provide the assurance to the Board, how 17

is it that -- that alcohol will be -- will be -- 18

will be -- ensure the Board that if our 19

investigator goes there, how do we know that -- 20

that you're not selling after your -- after the 21

legal hours. 22

11



MS. DANIEL HARRIS: We're not going to 1

risk our license to sell a glass of wine, you 2

know. 3

MR. DONOVAN ANDERSON: All right. Uh, Mr. 4

Short? 5

MR. JAMES SHORT: Good afternoon, 6

gentlemen. 7

MR. JAMES RITTER: Good afternoon. 8

MS. DANIEL HARRIS: Afternoon. 9

MR. JAMES SHORT: Um, let's say, right 10

now, most -- most operations, uh, pretty close to 11

yours in Washington, D.C., all over the city -- 12

3:00, normally, most places are closed, correct? 13

MR. JAMES RITTER: Right. 14

MR. JAMES SHORT: On K Street along where 15

you are? So, let's just say, why should this 16

Board give you the privilege of staying open 'til 17

6:00 a.m., and then tell everybody else in town, 18

"You can't do it," for certain reasons? Certain 19

neighborhoods won't be able to support what you 20

support on K Street, but if we set a presence 21

(sic) by giving you those hours, why shouldn’t we 22

12



give them to everybody in town? 1

(No audible response) 2

MR. JAMES SHORT: But let's go to another 3

question. 4

(Laughter) 5

MR. JAMES SHORT: Uh, uh, uh -- Okay. 6

Let's go to another question. Your bar will be -- 7

stop serving alcohol at 3:00 if you're saying -- 8

if you stay open 'til 6:00. Correct? 9

MS. DANIEL HARRIS: Actually, we stop at 10

a quarter of. 11

MR. JAMES SHORT: A quarter of, you stop. 12

Now, is there any screening or any way to close 13

off your bar from the -- to show -- If an ABRA 14

investigator were to come in and see everything's 15

locked up, they know you can't sell alcohol. But 16

if the bar is just there, you're not there, 17

you're not there, somebody happens to have a 18

drink, would you be willing to put in your 19

license? I mean, you say you've been there for a 20

lot years, and you know that it's going to happen 21

to a establishment. Would you be willing to put 22

13



on your license if it's -- if you're ever caught 1

with those hours, that you give your license up? 2

MS. DANIEL HARRIS: Yes. 3

MR. JAMES SHORT: You would? Okay. Now, 4

let's go back to the same question again, and I 5

hope you've had a chance to roll it around. Why 6

shouldn't we give 6:00 a.m. to every other, uh, 7

establishment that sells alcohol in the city if 8

you -- if you get it? Because if we do that, then 9

we're opening the door, because other people will 10

say if we let them do it on K Street, then, "Why 11

can't we do it?" What's your answer? 12


MR. JAMES SHORT: Never mind. Don't 14

answer it. That's all I have, Mr. Chair. Thank 15

you very much. 16

MR. JAMES RITTER: Has -- has -- has 17

anyone else requested that? 18

MR. JAMES SHORT: Excuse me? 19

MR. JAMES RITTER: Has anyone else 20

requested to -- 21

MALE SPEAKER: Yes. 22

14



MR. JAMES RITTER: -- stay open then? 1

MR. JAMES SHORT: Oh, yes. Yeah. 2

MR. JAMES RITTER: Is it a frequent 3

thing? 4

MR. JAMES SHORT: You're not the first. 5

MR. JAMES RITTER: Oh, okay. I -- I -- 6

(Laughter) 7

MR. JAMES SHORT: Don't feel exclusive. 8

MR. JAMES RITTER: Yeah, well, I'm just -9

- I mean, I -- I'm just, you know, curious. 10

MR. JAMES SHORT: Well, I just asked a 11

question and you couldn't answer, so. 12

MR. JAMES RITTER: Well -- 13

MR. JAMES SHORT: You -- you kind of gave 14

my vote something to do as far as, if you can't 15

answer it, then I can't answer it. And so, why 16

give it to you if you can't answer? 17

MR. JAMES RITTER: Well, I don't see why 18

anybody shouldn't be, frankly. I mean, I -- I -- 19

I mean, I -- I don't -- I don't know, uh, 20

personally, a good reason why, uh, we would be 21

excluded from, uh, staying open, uh, if we're not 22

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serving alcohol, if we're -- if we're adhering to 1

all ABC and ABRA laws. You know, we're -- we're -2

- we're not serving alcohol, just -- just as our 3

record has shown that we don't serve alcohol to 4

underage people, we don't serve alcohol to 5

intoxicated guests. 6

You know, if we've followed those basic 7

premises and those basic properties through the 8

past 48 years, why would we deviate now? And if -9

- if -- you know, just the -- the -- I -- I don't 10

know why you wouldn't -- 11

MR. JAMES SHORT: Well, the answer you'll 12

gain -- 13

MR. JAMES RITTER: -- support it. 14

MR. JAMES SHORT: So, if we give it to 15

you, should all places that sell alcohol in the 16

District of Columbia be allowed sell alcohol to 17

6:00 a.m.? 18

MR. JAMES RITTER: Not sell it. No, we 19

don't -- we don't -- we don't want to sell 20

alcohol at all. Uh, uh, once the hours stop, once 21

the -- 22

16



MR. JAMES SHORT: Well, I -- I'll -- just 1

let me say this: Why can't every establishment in 2

the District of Columbia stay open 'til 6:00 3

a.m.? 4

MR. JAMES RITTER: I -- I'll be honest 5

with you, I -- I don't know why -- If -- if 6

somebody wanted to stay open and not serve 7

alcohol, and serve food, if they are a 8

restaurant, I don't know why you wouldn't allow 9

them to. 10

MR. JAMES SHORT: Okay. Frankly, some 11

neighborhoods aren't going to allow it. Again, K 12

Street -- 13

MR. JAMES RITTER: Sure. 14

MR. JAMES SHORT: -- is different than, 15

um, Adams Morgan or Georgetown, or if you go a 16

little further over in town, uh, H Street, NE. A 17

lot of neighborhoods aren't going to allow that, 18

and then so, we'll have -- we'll have people 19

lined up in front of us saying, "Well, if you 20

gave it to K Street, we're going to sue the city 21

if you don't give it to us." It'd cause a lot of 22

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problems for ABRA in the District of Columbia. 1

MR. JAMES RITTER: Okay. 2

MR. JAMES SHORT: And how -- how -- how 3

would your establishment staying open -- being 4

the only one open -- solve that problem, help our 5

situation, in controlling the sale and operations 6

-- the service of alcohol, uh, in places -- 7

Let's say, again, if you're not going to 8

close off and wire off or put a fence or put a 9

board or something up -- If that alcohol is 10

there, sooner or later, somebody's going to take 11

a drink. You know it and I know it. 12

MR. JAMES RITTER: Well, I -- I -- 13

MR. JAMES SHORT: You know it and I know 14

it. 15

MR. JAMES RITTER: I -- I know it -- I 16

know it -- and I -- I know we've had -- we've had 17

no compliance issues in the past. 18

MR. JAMES SHORT: All right. 19

MR. JAMES RITTER: And -- and if it -- if 20

it would make the Board happy for us to pull all 21

the alcohol and put it in our liquor room, uh, at 22

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the -- at the end of, uh -- of all alcohol sales, 1

uh, if that would -- you know, if that would, you 2

know, make you happy, we'd be happy to do that. 3

MR. JAMES SHORT: We don't -- I -- I 4

don't want to cause you those kind of problems, 5

but the bottom line is, I -- I've asked you some 6

questions, and your answers, I've heard them, and 7

I'll give -- Thank you, Mr. Chair, that's all I 8

have. 9

MR. DONOVAN ANDERSON: Mr. Silverstein? 10

MR. MIKE SILVERSTEIN: Thanks, gentlemen. 11

MS. DANIEL HARRIS: Sure. 12

MR. MIKE SILVERSTEIN: Um, you say your 13

last call is at 2:45 now. You have to clear the 14

place at 3:00. Correct? 15

MR. DONOVAN ANDERSON: That -- that's -- 16

that's -- that's Saturday and Sunday. 17

MS. DANIEL HARRIS: Friday and Saturday. 18

MR. DONOVAN ANDERSON: Friday and 19

Saturday. 20

MR. MIKE SILVERSTEIN: Friday and 21

Saturday, right. What changes would there be if 22

19



we were to allow the place to be open 'til 6:00? 1

If someone buys a drink at 2:45 and they're 2

nursing the drink, what are you going to do? 3

MS. DANIEL HARRIS: All the drinks would 4

still be picked up at the same time as we do now, 5

and we would start serving breakfast. 6

MR. MIKE SILVERSTEIN: So you know the 7

difference between sales and service. 8

MS. DANIEL HARRIS: Yes. What -- what -- 9

MR. MIKE SILVERSTEIN: Service means the 10

drink is still out there, and somebody's drinking 11

it. 12

MS. DANIEL HARRIS: Oh. 13

MR. MIKE SILVERSTEIN: And if it's -- if 14

it happens after -- after your, uh, licensed 15

hours, you're in violation -- 16

MS. DANIEL HARRIS: There's no alcohol -- 17

MR. MIKE SILVERSTEIN: -- even if you 18

served it -- even if you sold it to them at -- at 19

a legal hour. You're aware of that. 20

MS. DANIEL HARRIS: Yes. 21

MR. JAMES RITTER: Nothing past 2:00 a.m. 22

20



or 3:00 a.m. on the relevant dates will there be 1

any alcohol out on the floor. 2

MR. MIKE SILVERSTEIN: Will you have 3

entertainment during the hours that you're not, 4

uh, serving alcohol? 5

MR. JAMES RITTER: Yes, sir. 6

MR. MIKE SILVERSTEIN: And what would 7

that entertainment be? 8

MR. JAMES RITTER: The entertainment that 9

we currently provide, adult entertainment. 10

MR. MIKE SILVERSTEIN: Which is? 11

MR. JAMES RITTER: Uh, exotic dancers. 12

MR. MIKE SILVERSTEIN: Okay. And I -- I 13

would ask you what -- what you would say the, uh 14

-- the benefit to the public would be, the 15

general public, of allowing you, uh, to provide 16

your services, such as they are, uh, after 3:00, 17

after closing time. What is the benefit to the 18

general public? 19

MR. JAMES RITTER: We're in a good area 20

for -- All -- all the places that are closing 21

down that have consumed alcohol, uh, they need a 22

21



place to stop in and grab a bite to eat, see a 1

show. You know, we're the place. 2

MS. DANIEL HARRIS: Less -- less DUIs. 3

MR. JAMES RITTER: Less DUIs, yeah, 4

absolutely. 5

MR. MIKE SILVERSTEIN: Fair enough. No 6

further questions. 7

MR. DONOVAN ANDERSON: And I'll -- I'll 8

say this, sir, uh, you saw me smiling. I was not 9

aware of the nature -- I saw "nightclub," so I 10

wasn't -- maybe I'm somewhat naive, so you saw -- 11

(Off-mic speaking) 12

MR. DONOVAN ANDERSON: -- me smile. But I 13

-- 14

MR. JAMES SHORT: Formerly Archibald's 15

correct? 16

MR. DONOVAN ANDERSON: So, I'm -- I 17

wasn't familiar with the nature of your -- the 18

questions I was asking, I was not familiar with 19

the nature of your business. I wanted to let you 20

know that, okay? So -- 21

MALE SPEAKER: No problem. No problem. 22

22



MR. JAMES SHORT: If I could say to you, 1

it's formerly Archibald's. 2

MR. DONOVAN ANDERSON: Archibald's still 3

doesn't ring a bell to me, okay, but -- but I -- 4

I want you to know that -- that I -- the 5

questions I asked you, I was purely naive in 6

asking the questions, okay? Um, any other 7

questions by any -- Yes -- Yes -- Yes, Mr., um -- 8

MR. NICK ALBERTI: Just real quick since 9

I'm -- 10


MR. NICK ALBERTI: -- I'm not -- 12

MR. DONOVAN ANDERSON: Mr. -- Mr. 13

Alberti, yes. 14

MR. NICK ALBERTI: I'm not familiar with 15

the establishment. First of all, I want to 16

commend you. I -- you know, I've been with the 17

Board for many years, and I've not heard your 18

name. I mean, I know of you, but I don't -- I 19

have not heard your name here, which is to your 20

credit. So, you guys are running a good -- 21

MALE SPEAKER: Thank you. 22

23



MR. NICK ALBERTI: -- good shop. Um, but 1

I -- do you -- do you currently serve food? 2

MR. JAMES RITTER: Yes, we do. 3

MR. NICK ALBERTI: Okay. 4

MR. JAMES RITTER: We serve quite a bit 5

of food. We -- we've opened up, uh, you know, our 6

-- our sports bar section, which opens at, uh, 7

11:00, uh, and we serve all the way 'til, uh, an 8

hour before, uh, close of business. 9

MR. NICK ALBERTI: Okay. Great. 10

MR. JAMES RITTER: And, uh, like I said, 11

you know, especially on the -- You know, if -- if 12

-- if we -- if it would appease you for us to 13

resubmit for just an hour, or even 2 hours, you 14

know, which would -- you know, if there's some 15

compromise in there, uh, past our -- our -- our 16

normal close of business currently, we're open to 17

that. 18

You know, I'll be honest with you, I'm 19

the one that, you know, submitted the application 20

'til 6:00 a.m., you know, uh, and then the reason 21

we did that is because we weren't sure how 22

24



successful it would be, and if someone came in -- 1

you know, we have some large parties and they're 2

having a great time, and, you know -- Uh, of 3

course, you know, it's K Street, so, uh, we are 4

going to charge a ton of money for, uh, a soda. 5

We're going to charge a ton of money for, uh, a 6

bottled water down there. You know -- you know, I 7

mean, in -- in all truthfulness -- 8

(Laughter) 9

MR. JAMES RITTER: -- you know, we're 10

going to charge a ton of money for, uh, these -- 11

these -- you know, an after-hours omelet and an 12

after-hours burger. Let's face it. 13

MR. NICK ALBERTI: That's part of why I 14

haven't come. 15

(Laughter) 16

MR. JAMES RITTER: There's a -- there's a 17

huge profitability in there for us, especially 18

with, you know, people that have been out having 19

a great time all night. They want to come in, 20

they want to see some dancing girls, and they 21

want to eat some food. You know, I mean -- So, 22

25



you know, we're -- 1

You know, the 6:00 a.m., which is kind of 2

a -- a -- uh, kind of a blanket -- because we 3

weren't sure how successful we would be, and we 4

wanted to be in absolute compliance. We didn't 5

want to say, hey, you know, the -- the -- the 6

party's still going. People are still coming in. 7

You know, it's -- it's, uh, 4:00 a.m. Uh, you 8

know, let's hustle everybody out. You know, maybe 9

we could go 6:00 just to see where it goes. 10

But again, if -- if it's something where 11

you would feel more comfortable with an hour or 12

2, in that ballpark, of us staying open late, if 13

you'd feel more comfortable with us locking up 14

all of our liquor and pulling it and putting it 15

in our liquor storage, uh, every evening, we're 16

happy to do those things. We know that that extra 17

bit of work will be profitable for us. 18

MS. DANIEL HARRIS: Well, what -- what if 19

we made it 2 hours after, uh, we stop serving 20

liquor on, um, Sunday through Thursday and Friday 21

and Saturday, uh, at 6:00 a.m.? 22

26



MR. NICK ALBERTI: Could I ask a -- Could 1

I ask another question before we answer that? Do 2

you charge, uh -- Do you charge admission? 3

MS. DANIEL HARRIS: Not currently, no. 4

MR. JAMES RITTER: Not currently. 5

MR. NICK ALBERTI: What's that mean? 6

MALE SPEAKER: Uh, you mean, uh, we -- we 7

-- we -- 8

MR. NICK ALBERTI: Would you charge 9

admission after 3:00? 10

MALE SPEAKER: We're -- we're very 11

interested in doing that. 12

MR. NICK ALBERTI: Uh, here's a quick 13

question. I'm trying to figure out how you're 14

going to make your money after 3:00. 15

MR. JAMES RITTER: We're -- we're very 16

interested in doing that, yes. You know, I -- 17

MR. NICK ALBERTI: So after 3:00, you're 18

interested in charging admission. 19

MS. DANIEL HARRIS: Maybe before 3:00, 20

also. 21

MR. JAMES RITTER: Maybe even -- maybe 22

27



even before. You know, I mean, we, uh -- 1

MR. NICK ALBERTI: Okay. Thank you. 2

MR. JAMES RITTER: We're -- You know, I 3

mean, we're -- we're, you know, showing UFC 4

fights and, you know, stuff like that. You know, 5

we're looking for a way to recoup, but we haven't 6

-- we haven't, uh -- we haven't charged any 7

admissions yet. 8

MR. NICK ALBERTI: Okay. Thank you. 9

MR. DONOVAN ANDERSON: But I -- I think 10

the -- more -- the issue where the Board is -- 11

So, maybe it's not necessarily the 1 hour or 2 12

hours, it's -- it's -- The bottom line is that 13

it's after the legal age to -- the -- I'm sorry, 14

the legal hours to -- to sell alcohol. 15

And so, uh, uh, the -- the concern from 16

the Board is, if our investigator was to come in 17

after 2:00 a.m., and we see the bar still open, 18

someone could still be drinking, and so it could 19

be 2:01 -- 2:01 that someone has a drink in -- in 20

-- in their hand, and that -- you're -- you -- 21

you -- you're not in compliance with the law. 22

28



So -- so, it's -- it's the issue that you 1

have all these hours that you're still open that 2

it's not legal to sell alcohol in the District of 3

Columbia, and so how is it that we -- we -- we 4

are not going to know that you would not be 5

selling -- like, take the chance, because the -- 6

the investigator -- 7

Someone's not going to be there every 8

day, and so we have to take you on your word that 9

if we approve these hours that you're going to 10

comply with the law, because maybe once a year or 11

-- I don't -- I'm not sure how often the 12

investigators would go out, and it's like, "Well, 13

you know, if the investigator comes and comes 14

once, we get a ticket, that's the cost of doing 15

business because it's worth -- it's worth doing 16

this for the rest of the time." 17

MS. DANIEL HARRIS: We've seen the 18

investigators quite often -- I would say in the 19

last month, uh, four times. 20

MR. DONOVAN ANDERSON: But maybe because 21

they know that you're trying to extend your 22

29



hours, so therefore, let's -- I -- I -- and I 1

don't know, okay. 2

MALE SPEAKER: Might have something to do 3

with the entertainment. 4

MR. DONOVAN ANDERSON: I don't know. 5

Right. 6

MR. JAMES RITTER: But I -- I -- I think 7

we -- 8


MR. JAMES RITTER: I think -- Uh, you 10

know, just -- just as, you know, you're looking 11

for reassurance, you know, I -- I think, you 12

know, our assurance that we're not going to serve 13

after the legal hours of -- of, uh, sales or 14

service, you know, uh, is the same as, uh, that 15

we don't serve underage -- You know, we -- we 16

don't serve, uh, anyone inebriated. We do that 17

365 days a year. 18

So, I -- I think it's the same, uh, 19

argument, kind of, in reverse. You know, we -- we 20

do those things currently. 21


30



MR. DONOVAN ANDERSON: Yes, Mr. Alberti. 1

MR. NICK ALBERTI: I -- I'm going to show 2

my hand here. So, for me, it's not trusting you 3

not to serve alcohol. You have shown you're 4

reputable owners, that you can deal with this. I 5

-- I have no reason to not trust you, all right? 6

My concern, uh, here is -- is that we are 7

-- are we making new law that the Council should 8

be addressing. Because if we give you later hours 9

and give somebody else later hours, you know -- I 10

mean, the -- the -- the Council could have done 11

this in the legislation, and they haven't. 12

And I don't know why, um, because I -- 13

I'll tell you that, you know, I'm -- I've said 14

it: I'm -- I'm a proponent for alcohol service 15

'til 4:00 a.m. But that's -- I can't -- You know, 16

I can't approve -- That -- that's -- that's the 17

Council's decision. 18

And I'm wondering if I'm -- if by 19

approving you and approving others, I'm 20

overstepping my bounds and approving, um, 21

operations after hours that the -- that the 22

31



Council is not comfortable with. Maybe they are, 1

and maybe we should, uh, approach them, but I 2

don't know. And I don't want to overstep my 3

bounds. Because you're going to be out there, and 4

you're going to have -- you're going to have 5

people coming and going. I mean, you're -- 6

hopefully, you'll have a lot of new business 7

after -- after 3:00 a.m. I don't -- Uh, it -- it 8

-- I don't know how the Council feels about that, 9

and so that's where I'm coming from. 10

MR. JAMES RITTER: You know, and in -- in 11

-- Uh, I would say that, you know, I don't know 12

why we should be punished, uh, for operating just 13

like a 24-hour restaurant, or -- or a restaurant 14

that stays open late. You know, I mean, uh -- 15


MR. NICK ALBERTI: I know. I understand. 17

It's -- There's a dilemma here. 18

MR. JAMES RITTER: Yeah, and -- and I -- 19

and I -- I understand your point, and I 20

understand your -- 21

MS. DANIEL HARRIS: There's no 22

32



residential or commercially zoned ... 1

MR. DONOVAN ANDERSON: Any other 2

questions by any other Board members? 3


MR. DONOVAN ANDERSON: Any final thoughts 5

before we take this matter under advisement and 6

issue a decision? 7

MALE SPEAKER: Just, we -- we -- we -- 8

MALE SPEAKER: I -- I think the six -- 9

MR. DONOVAN ANDERSON: Before -- before -10

- Let -- let Mr. Short, then I'm -- I'm -- I'm 11

going to give you the last word to convince the 12

Board, why is it that we should grant what you're 13

asking. Go ahead, Mr. Short. 14

MR. JAMES SHORT: Like Board Member 15

Alberti, um, I, too, um, remember your 16

establishment for many years, and thank you for 17

not being in front of us -- 18

(Laughter) 19

MR. JAMES SHORT: -- for ABRA violations. 20

And I think we should say that to people that 21

come in with earnest, uh, intentions. And, um, 22

33



I'm for economic development a hundred percent in 1

the city, but, again, as, also, Board Member 2

Alberti said, the Council would have to look at 3

things like that. And so, once we set a 4

precedence -- 5

This Board really doesn't have the -- I 6

don't think, the, uh, intentions of stopping 7

anybody from doing anything, but again -- And I 8

saw you guys kind of choke up a little bit when I 9

said why don't we do it for everybody. And you -- 10

you were thinking what -- I'm thinking the same 11

thing Mr. Alberti's thinking, so you didn't give 12

an answer, which was a good thing. 13

But at any rate, uh, I commend you on 14

your business. I'm, uh, very familiar with your 15

location. You've been here for a lot of years, 16

you're right, probably one of the very first in 17

that type of business in Washington, D.C. if I 18

remember correctly. 19

MS. DANIEL HARRIS: I used to own, uh, 20

all the Clancy's, too. I had 10 of them in the 21

city at one time. 22

34



MR. JAMES SHORT: And (off-mic speaking)? 1

MS. DANIEL HARRIS: That was the first 2

restaurant I bought in, uh, 1965. 3

MR. JAMES SHORT: I recognized you when 4

you came in. 5

MS. DANIEL HARRIS: That was Harrigan's. 6

You look familiar. 7

MR. JAMES SHORT: Yeah, not a problem. At 8

any rate, uh -- 9

(Laughter) 10

MR. JAMES SHORT: -- thanks for being -- 11

thanks for being -- 12


MS. DANIEL HARRIS: So does, uh -- 14

MR. JAMES SHORT: Yeah. Well -- But at 15

any rate -- 16

(Simultaneous speaking) 17

MR. DONOVAN ANDERSON: All right. You -- 18

you don't recognize me, so I just -- just for the 19

record, I -- I don't know -- I don't know if 20

you'll recognize me, so I'll just -- 21


35



MR. DONOVAN ANDERSON: Anyway -- 1

MALE SPEAKER: There's the transcript. 2

MR. DONOVAN ANDERSON: So, anyway, um, 3

any final words, sir, why you believe the Board 4

should grant the extended hours that you have 5

requested? 6

MS. DANIEL HARRIS: I'm sorry, could you 7

repeat that? 8

MR. DONOVAN ANDERSON: No, I just said, 9

any final words why the Board should grant the 10

extended -- grant you extended hours? I mean, 11

we're going to -- we are going to look at the 12

6:00 a.m., and I know that you have -- you have 13

thrown some other hours in there. We'll also look 14

at that, too, and make a decision, but -- but I 15

just think the general principle is that, tell us 16

why the Board should grant you the extended 17

hours. 18

MS. DANIEL HARRIS: Maybe save some 19

lives, people with DUIs. There's a lot of clubs 20

in the neighborhood -- the Park, uh, at 14th 21

Street and -- What's the other one? 22

36



MR. JAMES RITTER: Sound Check. 1

MS. DANIEL HARRIS: Sound Check. 2

MR. DONOVAN ANDERSON: Mm-hmm. 3

MS. DANIEL HARRIS: And a lot of people 4

are walking, uh, to their cars by our place, and 5

we get a lot of requests for food after hours, 6

and maybe it could save some lives, people eating 7

something before they, uh, drive. Um ... 8

MR. DONOVAN ANDERSON: All right. Okay. 9

All right. Thank you very much. The Board will 10

take this matter under advisement. We'll, um -- 11

we'll probably make -- Well, we normally make the 12

-- Well, I try for us to make decisions today. I 13

don't know when they're released, but we'll -- 14

we'll take that under advisement and make a 15

decision, and we'll let you know. 16

MR. JAMES RITTER: All right. Thank you, 17

gentlemen. 18

MR. DONOVAN ANDERSON: All right. Thank 19

you very much. 20

MS. DANIEL HARRIS: Thank you. 21

MR. DONOVAN ANDERSON: The Board is in 22

37



recess until our -- until our -- until 1:30. 1

(Whereupon, the above-entitled matter was 2

concluded.) 3

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