Category Archives: Food and Booze

So What Happened At The Brookand’s Finest ABRA Meeting – And What’s Next?

Brookland Finest ABRA Hearing 8/14/2013. Photo courtesy of Frank Rettig.
Brookland Finest ABRA Hearing 8/14/2013. Photo courtesy of Frank Rettig.

We ran into some loyal readers at breakfast at Askale Cafe yesterday, and they were asking us what happened at the alcohol board hearing for Brookland’s Finest – thanks for the reminder to follow-up! Unfortuately, we could not attend the hearing, so we do not have a first-hand account of what happened. Thankfully, Tom Bridge, President of the Brookland Neighborhood Civic Association did a stellar job of live tweeting the hearing. For those of you not on Twitter, he put together an account of the evening here.

From what we have gathered, both sides were well represented and the hearing ran into the early morning hours. I have heard that over 100 people attended and roughly 70 of them were restaurant supporters. I also heard from a number of sources that an ABRA Board member noted it was the highest level of community turn out for a hearing as she had ever experienced.

So what is next? Here is an excerpt from an email penned by Jose “Joe” Barrios, the Broklander who negotiated a settlement agreement with the Brookland’s Finest team.

Once the Board issues its ruling (in about 60 days), there will be the opportunity for requests for reconsideration and appeals to the DC Court of Appeals, all of which will add additional time and expense if the Board ruled in the restaurant’s favor. The chances of getting overturned on appeal are slim to none, as the ABC Board is quite experienced in what they need to do to avoid reversals.

So it looks like we might have a long and winding road still ahead of us on this one. We will let you know if we hear anything new.

!! Brookland’s Finest ABRA Hearing Moved To 7pm Today !!

We just learned from Joe Barrios that the ABRA hearing regarding the Brookland’s Finest Restaurant liquor license application  has been changed from 4pm to 7pm today. We posted the details about the hearing a few days ago here.

Construction Workers Are Turning The Shell Of A Building Into A Restaurant
Construction Workers Are Turning The Shell Of A Building Into A Restaurant

Please make sure you share this information with neighbors and friends who plan to attend the hearing today.

 Joe’s email reads:

Neighbors,

I just got word from the Brookland’s Finest owners. They were notified by ABRA that today’s hearing has been pushed to 7 PM Eastern. There is another contentious hearing immediately before it, which is causing the delay. Please plan accordingly.

DATE: Wednesday, August 14th, 2013

TIME: ***7:00 PM ET***
ARRIVAL: Arrive early if you want seating! You must also pass through security.
LOCATION: Alcoholic Beverage Regulation Administration (ABRA)
2000 14th Street, NW, Suite 400 South
Washington, D.C. 20009

LENGTH: The hearing can last up to 4 hours, please plan accordingly.
GETTING THERE: The location is at 14th and U St NW. Parking is a challenge. The closest metro stop, a block away, is the U Street stop on the Green/Yellow line.

Best,

Jose “Joe” Barrios
12th and Hamlin/5B04
Twitter: joebarriosdc

Brookland’s Finest Update – Restaurant License Granted, Liquor License Hearing On Wednesday

It has been a while since we have had an update on Brookland’s Finest, the restaurant planning to open up at 12th and Jackson Streets, NE. Since then, quite a bit has happened:

  • The location has been granted a restaurant license, a major step forward,
  • Construction has moved forward, providing the building with a suitable roof, and an extension which will be the future kitchen,
  • The liquor license hearing will be this Wednesday, August 14th, at 4:00 pm.
Construction Workers Are Turning The Shell Of A Building Into A Restaurant
Construction Workers Are Turning The Shell Of A Building Into A Restaurant

An email from Jose “Joe” Barrios, the neighbor who negotiated the detailed neighborhood agreement with restaurant managers and 149 nearby neighbors sent out an email, which contained the following information about the liquor license hearing:

Neighbors.. I’m asking every possible resident to show up at the ABRA hearing next week.
PLEASE WEAR RED TO THE HEARING! We are asking all Brookland’s Finest supporters to wear something red–a shirt, a cap, whatever–so that ABRA knows at a glance who’s there supporting the restaurant.
DATE: Wednesday, August 14th, 2013
TIME: 4 PM ET   4:30 PM
ARRIVAL: Arrive early if you want seating! You must also pass through security.
LOCATION: Alcoholic Beverage Regulation Administration (ABRA)
2000 14th Street, NW, Suite 400 South
Washington, D.C. 20009
GETTING THERE: The location is at 14th and U St NW. Parking is a challenge. The closest metro stop, a block away, is the U Street stop on the Green/Yellow line.
So there you have it folks, if you would like another dining option in the neighborhood, and would like to support a Brookland based business, I strongly enourage you to show up at the hearing Wednesday.

Ward 5 Heartbeat Article Reveals More Details On Rustik’s Location In Brookland

Photo Courtesy of Rustik Tavern
Photo Courtesy of Rustik Tavern. (Bloomingdale Location)

We were quite delighted to learn that the owners of Bloomingdale restaurant Rustik Tavern signed a lease in July for a new location here in Brookland. The good folks over at the Ward 5 Heartbeat caught up with Diton Pashaj, Rustik’s owner, and got the scoop on their plans for the new establishment. From the story:

He expects to transform the long-vacant space into his restaurant’s second location within the next year. “It’s going to be a long process. We’re looking anywhere between 9 to 12 months,” he said.

The new location will, like the Bloomingdale location at 84 T St NW, offer Mediterranean options with some traditional American influences. However, Mr. Pashaj said “the menu will not be the same.” Most notably, the Brookland location will not offer pizza given the abundance of pizza options in the area.

Smart moves all around.  We look forward to hearing more about Mr. Pashaj’s plans in the coming months and thank him for investing in our neighborhood!

Rustik Tavern Signs Lease On 12th Street in Brookland

Photo Courtesy of Rustik Tavern
Rustik Tavern in Bloomindale. Photo Courtesy of Rustik Tavern

We learned from the Rhode Avenue NE Insider that Bloomingdale hot spot Rustik Tavern has chosen Brookland as its next location. We heard rumors that they signed a lease for the long-vacant property at 3523 12th Street, and are happy to hear the good news through a verified source. (The property is the brown brick building with the second floor balcony between the 12th Street Cleaners and Deaf Outreach between Monroe and Newton Streets, NE.) For those of you that haven’t been to Rustik, it is a great place to dine with friends and family. They serve fantastic thin crust brick oven pizzas, small plates and entrees. Among our many favorites are the kale salad,  the Pep Pep pizza and the goat cheese, fig and olive tampenade. Of course, it remains to be seen if they are bringing the same concept to 12th Street, but in any case we are super excited to hear this news.  Hopefully this will bode well for the future of the remaining vacant properties that line 12th Street as well. The Bloomingdale location is 84 T Street NW, just off Rhode Island Ave. Welcome to the neighborhood Rustik – we are so happy to have you!

Brookland’s Finest Roll Call Hearing Results In Two Protest Groups (Video)

On Monday, July 8th there was a “Roll Call” Hearing for the liquor license application of Brookland’s Finest, a new restaurant hoping to open at 12th and Jackson Streets NE. The purpose of the hearing was to identify who the valid protesters are as the application proceeds. As it turned out, two groups were given standing.

  1. ANC Commissioner Carolyn Steptoe was granted standing on behalf of ANC 5B, as the ANC has standing to protest as a matter of right.
  2. Three individuals were jointly granted standing as the designated representatives of 53 residents.

Two churches (First Church Christ Holiness at 1219 Hamlin St NE and Grace United Baptist Church at 1219 Jackson St. NE) submitted protest petitions, which were dismissed for lack of standing as churches do not have standing to protest unless they share a wall with the applicant.  

So what happens next? There will be a mediation session in early August to attempt to resolve differences between the protestants and the restaurant management. If not resolved, the matter will be heard at a full protest hearing open to the public on August 14th at 4 pm. I filmed the entire hearing in five parts, below.

Part 1 – In this video the hearing gets underway, the restaurant management team and ANC 5B04 Commissioner Steptoe are identified. Protestants from The First Church Christ Holiness are identified and are informed that their protest is dismissed because churches do not have standing to file liquor license protests. One of the members of the neighborhood group that is protesting stepped up and offered a form stating that members of the Church had designated two neighbors as their representatives in this case, so they would still be represented in that capacity.

Part 2 – In this video, the ABRA employee running the hearing seeks to ascertain which First Church Christ Holiness protestants present also designated the neighborhood group as their representatives. There were also some late arrivals from the First Church Christ Holiness, and although their protest was dismissed, ABRA needed to capture their names for the record. In the end, it was unclear to me how many church protestants also designated the neighborhood group as their representatives.

Part 3 – In this video, the Pastor of the  First Church Christ Holiness has a lengthy exchange with the ABRA employee running the hearing about why the Church’s petition was dismissed. Although the list of groups who have standing to file a protest is clearly stated on ABRA’s website, I feel the Pastor had a point in that they received a letter from ABRA telling them to show up to the hearing – only to be told their protest was dismissed. You would think there might be a more efficient way to handle protest submissions. Notably, in the last few seconds of the video, the Pastor tells the employee “…when violence breaks out because of this attempt to bring debauchery into our area – that is between you and God…”

Part 4 – In this video, members of the Grace United Baptist Church are identified and are informed that their protest is dismissed because churches do not have standing to file liquor license protests. Again, there was an exchange with the ABRA employee running the hearing about what the Church might do to “regroup” and have their voices heard. The ABRA employee informed them that they may petition the ABC Board to ask for standing as a community group if at least 5 church members who the signed their protest live in close proximity.


Part 5 – In this video, 5 members of the group of neighbors who are protesting the restaurant’s liquor license identify themselves and are granted standing. The designated representatives for the group are identified so that they may represent the interests of those in their group going forward. The mediation hearing and status hearing dates are set.

Askale Cafe Launches Website, Facebook Page and Eyes September Grand Opening

Making me hungry!
Making me hungry!

We hope that by now many of our readers have checked out Askale, Brookland’s newest eatery. Since their soft opening in June they have been working hard to react to customer feedback and get the place ready for their grand opening. Owners Asratie Teferra and Askale Shiferaw are putting a lot of thought and energy into hosting what should be a very memorable grand opening celebration in early September. Current plans include outdoor dining soon, expanding their hours and re-establishing the Cafe’s beer and wine license. Starting today, Saturday July 6th, they will be open till 9:00 pm on Saturdays.  Keep up with their progress by liking their Facebook page and check out their new website here. Here is a note from them via their Facebook page:

It has been a very exciting journey so far; starting from rebuilding the cafe which is no less than building it from scratch, welcoming the superb community members of Brookland and nurturing them with exquisite Ethiopian vegetarian meal and coffee is nothing but a pure pleasure. Grand opening will be soon enough but of course we love being at your service and any body who is not even from the area; come and enjoy our cafe! Your experience will be marked with nothing but a phenomenal treatment! Rest Assured
Yay Brookland! Yay Askale!

Brookland’s Finest – Dissecting The Protests, Support And Liquor License Hearings

View from the inside of the proposed Brookland's Finest location.
View from the inside of the proposed Brookland’s Finest location.

It seems like you can’t get too far into a conversation around the neighborhood without the topic of Brookland’s Finest, a new restaurant hoping to open at 12th and Jackson Streets NE, coming up. Now that the deadline to submit a protest of the restaurant’s liquor license application has come and gone, we decided to lay out where the restaurant stands in the process.

Many were surprised to hear at the most recent ANC 5B meeting that in addition to the ANC protest, and protests that were filed in May, there were a number of new protests submitted to DC’s Alcoholic Beverage Regulation Administration (ABRA) in June.  There was also a Settlement Agreement submitted to ABRA that was negotiated by Brookland resident Jose “Joe” Barrios and the restaurant’s management, that we covered here. For those interested, the protests and the settlement agreement are public documents, and are easily obtained by contacting ABRA’s Sarah Fashbaugh at Sarah(dot)Fashbaugh(at)dc(dot)gov. So, first off, who can protest a liquor license? From ABRA:
  • Abutting property owner
  • Group of five or more property owners sharing common ground or a group of three or more in a moratorium zone
  • Incorporated citizens association
  • Affected Advisory Neighborhood Commission (ANC)
  • DC Metropolitan Police Department (MPD)

We took a look at the protests and the settlement agreement. First, here is our analysis of the protests. At first glance, you can’t help but notice that all the protests bear almost identical language throughout, suggesting a single source responsible for initiating and/or collecting the various petitions. Here is a breakdown:

 1) In May, a combined 31 signatures from three different documents were collected and submitted that all appear to be from the local Brookland community. The farthest appears to be at 13th and Monroe. On May 19th (based on fax time stamp) 20 signatures were sent to ABRA, on May 20th there were 11 more.
 
2) On June 23rd, 22 additional signatures were submitted that are also  from Brookland neighbors. One was a signature in the name of a church, so as far as we know, that one signature would be invalid.
 
3) On June 24th, the day of the ABRA protest deadline, two protest petitions were filed from two local churches with a combined total of 63 signatures. Among these, only one signature is from Brookland; the remainder are from all other parts of DC and suburban Maryland. Several signatures used the church address, making it impossible to determine where they’re from unless the protestants do in deed live at the church itself. There were approximately 27 signatures from Maryland on these two church petitions, from as far away as Largo and Clinton. As far as we know, signatures from non DC residents do not carry any standing with ABRA.
 
Putting all this in consideration there are about 53 combined valid protest signatures.
 
On to the settlement agreement.
 
On June 24th Joe Barrios submitted a settlement agreement to ABRA. The framework for the settlement agreement came about as the result of a meeting that was advertised with flyers to every residence within a one block radius of the proposed restaurant. The residents (full disclosure – I was one of them) in attendance were generally supportive of the establishment but had concerns with regards to operation of the summer garden/patio, noise, garbage, and the like. The result was a series of proposals that ultimately served as the basis for the Agreement and led to the restaurant amending their application to limit the summer garden (outdoor) seating area hours to 10 pm weekdays and 11 pm weekends at the request of the residents. Looking at the signatures in support of the settlement agreement, there were 149, all which appear valid and within roughly a three block radius from the proposed restaurant (Monroe to Girard Street and the Railroad tracks to 13th Street, NE).  We therefore believe this puts Brookland’s Finest in a strong position going into any subsequent negotiations or the final hearing. Notably, the Brookland Neighborhood Civic Association (BNCA) has also passed a motion supporting Brookland’s Finest in light of the Settlement.
 
So what is next? There will be a series of ABRA hearings as follows:
 
On July 8th there will be “Roll Call” Hearing at 10:00 am. The people (or a designated representative) who are protesting must show up to the hearing or their protests will be dismissed. Assuming the protestants show up,  a settlement conference/mediation is scheduled in which the protestants and the restaurant management will attempt to reach a compromise with the help of an ABRA mediator. If a compromise cannot be met at mediation, a Protest Hearing will take place where both sides will present their evidence in support of their positions.
 
The Protest Hearing date has already been scheduled for August 14, at 4:0o pm.
From what we understand, the only people allowed to testify at the Protest Hearing are a limited number of people who are selected ahead of time by either the protestants and the restaurant. However, we also understand that a strong showing of either support or protest by those in attendance can hold some sway with ABRA, and we have also been told that there will be a way for those in attendance to indicate their support or opposition at the Hearing. All ABRA hearings are open to the public and will take place at 2000 14th Street, NW on the 4th floor. We will let you know of any new developments as we hear of them.

Upcoming Events At Union Market Include Drive In Movie Night And DC Scoops Contest

Produce Stand at Union Market
Produce Stand at Union Market

Every now and then we check back in with Union Market to see how it is progressing. One of the nicer improvements over time is the increase in prepared food vendors, making it a great place to eat and shop. The one downside is that I find it quite pricey. But, I’ll qualify that by saying that I think part of this is due to the very high quality and craftsman/artisanal approach of the vendors.For example, the meats are so fresh and come from “happy” free range animals, not mass production facilities.  Because of this, the market has fallen into 3 categories of use for us 1) a source for amazing dinner party menu ideas and ingredients 2) a few “splurge” items like a nice hunk of fine cheese and 3) a great place to wow your out of town guests, especially those coming from far away places, like NW Washington DC. If you are looking for a reason to check it out, or want something fun and local to do, check out these upcoming events. The one we are most excited about is the drive in movie nights – how awesome does that sound?

Here is a rundown of upcoming events from the Union Market website’s events page:

DC DRIVE-IN

Every Friday Beginning July 12 | 9:00PM

Washington, DC has never been home to a drive-in movie experience — until now. This summer, “DC Drive-In” will screen on Fridays at Union Market. Visit the DC Drive-In page for more information and reservations.

First Saturday of Every Month | Gospel Choir Brunch | 12:30PM

Experience our Gospel Choir Brunch on the first Saturday of every month with a dynamic performance featuring the Israel Baptist Church. Brunch specials are available from vendors.

Every Wednesday | Boogie Babes | 10:30AM

A live music performance for kids and their grownups! The Boogie Babes show begins at 10:30am. Admission is $5/child and siblings 6 months and under are free. Find out more about Boogie Babes online!

Thursday, June 27 | Righteous Cheese – Cheese Classes – Backyard Beer & Cheese | 7:00PM

It’s time for backyard BBQs and front porch lounging, which of course call for serious eating. Go beyond your average can of beer with refreshing craft brews and the best summertime cheeses to match. We’re tasting cheeses that are at their peak in the summer months – from light & zesty to firm & earthy – that can also get outdoors and handle the heat. Spend an evening with Righteous Cheese in an intimate class discovering and savoring seasonal, artisanal cheeses. We’ll explore the world of cheese pairing by tasting 4 cheeses and 4 beers that are perfect for summertime. Fromager Carolyn Stromberg will delve into the story behind each cheese, as well as give advice about selecting, serving, pairing, and more. Sign up now.

June 25 & July 9 | Peregrine Espresso – Espresso Fundamentals Class | 6:00PM

Join Peregrine Espresso for a two hour class at their coffee bar to learn the basics of espresso and milk technique. Learn from our experienced instructors–many of them award-winning baristas–on our professional equipment. By the end of the class, you will be equipped with the skills necessary to produce standard espresso beverages and will also receive a 12oz bag of coffee ($14 value) to practice with at home. Class is limited to six students. Sign up soon.

June 26 | Bazaar Spices – Indian Summer Cooking | 12:00PM

Ever wanted to learn how to cook Indian food? Join us in welcoming local chef and spice connoisseur, Deepa Patke of Aromatic Spice Blends, LLC., for our Summer Indian Cooking Class on Wednesday, June 26 at 12pm at Bazaar Spices in Union Market DC! What’s on the Menu: Indian style Moong Sprouts, Cauliflower with Garam Masala, Cumin Rice with Pilaf Spice. Hope you can join us! Register today!  

July 21 | THE DC SCOOP | 1:00-4:00PM

The DC Scoop is back! Held on National Ice Cream Day in its third year, you can taste (and judge!) the District’s best ice cream, gelato, custard, frozen yogurt and other summer treats! Foodies, have no fear, you’ll be in good company! Stirrers and shakers of the DC Food Scene will serve on a panel of judges to determine the 2013. DC Scoop Winner! A kid-friendly event with activities for all ages.

Union Market is located at 1309 5th Street NE. Check out their website here.

Brookland’s Finest And Neighbors Reach Settlement Agreement On Liquor License Application

As we posted earlier, there has been drama surrounding the liquor license application of Brookland’s Finest, a new restaurant aiming to open in Brookland at the corner of Jackson and 12th Streets, NE. Many neighbors were taken aback when ANC 5B voted to protest the application despite having no public discussion about it, and after many neighbors wrote their ANC Commissioners expressing their support. This caused some neighbors in the immediate vicinity of the restaurant, of which I am one, to wonder how we will have our concerns about the restaurant addressed. Out of this leadership vacuum, a neighbor, Jose “Joe” Barrios stepped up to bridge the communications gap between the immediate neighbors and the restaurant management by negotiating a Settlement Agreement with Brookland’s Finest.

One day soon this will be our new neighborhood watering hole.
One day soon this will be our new neighborhood watering hole.

The Agreement came about as a result of Joe meeting with concerned residents and representing their “wish list” of ideas in a series of negotiations with Brookland’s Finest. Residents, including myself, were present and provided feedback during all of these discussions. Joe also reached out to legal advisors who are experts in DC’s alcohol regulations. A major negotiating point was the operating hours of the summer garden/patio, which residents wanted to close at 10 pm weekdays and 11 pm on weekends. The Brookland’s Finest team agreed to the request and had these hours added to its ABRA application by amendment instead of being in the Agreement.

Now that the Agreement has been hashed out, Joe will be collecting the signatures of sponsors in a 3-block radius of the Restaurant in support of the Agreement. Joe stated:

“I do want to make clear that anyone who signs as a sponsor is agreeing to appoint me as their representative for purposes of this agreement, and will be bound by its contents. I believe that a strong showing of support for the Agreement will serve as a counterweight to an ANC protest that was devoid of meaningful community input. I also wanted to take a moment to commend the Brookland’s Finest team for their amazing cooperation in getting this agreement done. They listened carefully to the residents’ concerns and proposed constructive solutions.”

Do you live in close proximity to the restaurant (from Monroe to Girard and from the Railroad Tracks to 13th Street NE) and would you like to sponsor the Agreement?  If so Joe would be happy provide you with the final copy of the Settlement Agreement and have you sign. The deadline for signatures is this Sunday, June 23rd.  Joe Barrios can be reached at jbarrios9396(at)gmail(dot)com. The Settlement Agreement is as follows:

THIS AGREEMENT is made and entered into as of this _____ day of _______________, 2013 by and between Brookland’s Finest, LLC (hereinafter the “Applicant”), and the designated representative of a group of residents who live in proximity of the establishment in question (hereinafter “Residents”).

WHEREAS, Applicant having filed an application with the District of Columbia Alcoholic Beverage Control Board (hereinafter “ABC Board”) for issuance of a Retailer’s Class “C” Tavern license for the premises of 3126-3128 12th Street NE, Washington, DC 20017 (hereinafter the “Restaurant.”)

WHEREAS, in recognition of the ABC Board’s policy of encouraging parties 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, Applicant will agree to adopt certain measures to address the Residents’ concerns in exchange for issuance of the ABC license without need to file a Protest.

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

1. Noise Suppression: There shall be no loud or live music performed, nor acoustic speakers placed, outside the Restaurant or on the Summer Garden. Music from inside the Restaurant shall not be audible at any time on the opposite (northwest) corner of Jackson and 12th Streets NE. Reasonable sound attenuation methods will be utilized to minimize noise from inside the restaurant spilling outside; examples may include but are not limited to building a second set of entry doors or use of a heavy curtain separating the entrance from the seating area of the restaurant. The Restaurant’s operation shall at all times be in compliance with the D.C. Noise Control Act. Applicant will encourage employees and patrons, by posted signs or other printed notation on the front door and inside the bathrooms, and verbally as needed, to be considerate of residents in the neighborhood after departing the building, by keeping conversations and other noises at a level that will not disturb the peace, order, quiet and tranquility of residents in the enjoyment of their homes or generate a noise complaint.

2. Summer Garden: The Restaurant will undertake reasonable efforts to deploy vegetation and planters around the outside Summer Garden area. Service of food and alcoholic beverages on the outdoor Summer Garden shall at all times be for seated patrons only, who will be served by Restaurant staff. There will be no service of food or alcoholic beverages at any time to any standing patron at the bar that adjoins the Summer Garden. Patrons from inside the Restaurant shall not be permitted to bring alcoholic beverages and stand outside on the Summer Garden. Once the Summer Garden is closed each evening at the hour listed on the Applicant’s license application, all patrons shall be vacated and the “garage door” separating the Summer Garden from the interior shall be closed.

3. Dining and Kitchen. Restaurant must be maintained as a tavern offering full waiter service and a kitchen that is open until at least two hours before closing every night. Restaurant will maintain a dinner menu commensurate with the menu presented in the original business plan. The restaurant may offer “light fare” or a “light menu” before and after dinner hours.

4. Special Events: The Restaurant will not advertise alcoholic drink specials that are specifically geared towards college students.

5. Trash Pick-Up and Removal: Applicant will maintain regular trash/garbage removal service, a minimum of 3 times per week (days to be decided by owner and business necessity) only during the hours from 9:00 am to 5:00 pm, from the trash and dumpster area and see that those areas are regularly kept clean. An exception will be where the city declares air quality or other environmental or weather concerns, at which point the Restaurant will be exempted from the trash pick-up hours requirement for that day. Applicant shall keep dumpster lids tightly closed and incapable of being entered by rodents, in order to limit odors and help control pest and rodent population. Applicant will conduct regular rodent and pest (insect) abatement as needed. Dumpsters are not to be visible from the street or from the next door neighbor, and Applicant must use fencing or planters with vegetation to hide them. Applicant will provide for proper removal of grease and fatty oils from the Restaurant and will not deposit grease or fatty oils in dumpsters or down drains. Bottles shall be dumped into the recycling bins outside only between the hours of 9:00 am and 10:00 pm, and they will be disposed of in bags to reduce noise.

6. Litter and Debris Removal: The Restaurant will comply with applicable D.C. laws and regulations with respect to removal of litter and debris on its premises. Applicant will encourage employees and patrons, by posted signs or other printed notation on the front door and inside the bathrooms, and verbally as needed, to be considerate of residents in the neighborhood by not littering as they are departing the premises. Applicant will petition the D.C. Department of Public Works (DPW) for a DPW-owned and maintained trash can to be placed on the corner of 12th and Jackson Streets, NE adjacent to the restaurant for the benefit of patrons leaving the restaurant, and will post a copy of that petition to the Brookland listserve (http://groups.yahoo.com/group/Brookland). As a service to the community, Applicant will send an employee, every morning before opening, to make best efforts to clean up litter for 25 feet beyond the restaurant property lines down Jackson and 12th Streets NE and their adjoining sidewalks, as well as the abutting alley. It is understood that only best efforts are required, and restaurant will have no liability beyond what is required by applicable D.C laws and regulations.

7. Parking and Bicycles: Applicant shall support community efforts to obtain residential zoned parking on the 3100 block of 12th Street NE and the 1000 block of Jackson Street, NE, at a minimum by writing letters of support to the appropriate government agencies and posting copies of them to the Brookland listserve. Applicant shall petition the D.C. Department of Transportation (DDOT), or otherwise work with government officials, for the installation and maintenance of DDOT-approved bicycle racks at a convenient location on the Restaurant’s premises, and will post a copy of that petition or other evidence of compliance to the Brookland listserve. Applicant will encourage employees and patrons, by posted signs or other printed notation on the front door and inside the bathrooms, and verbally as needed, to be considerate of residents in the neighborhood by complying with nearby residential parking zones and regulations.

8. Smoking: Applicant will instruct patrons who are smoking to do so in a limited designated area on the 12th Street NE side of the premises without service of food or alcoholic beverages.

9. Cooperation between Applicant and Residents: Applicant and Residents’ designated representative agree to meet, as needed, to discuss any problems arising from the operation of the Restaurant, or challenges arising from its compliance with the Agreement. The Applicant and Residents both agree to work in good faith to resolve these challenges and problems.

10. Addition to License: The Residents agree not to protest, and agree to the issuance of Applicant’s license upon execution of this Agreement, provided that this Agreement is incorporated into the ABC Board’s order issuing, amending or renewing the license, which order is thereby conditioned upon compliance with this Agreement.

11. Right to Protest: The parties agree that Applicant will be given notice of any alleged violation of this Agreement, and will be afforded reasonable time to investigate and respond to any such complaint (not greater than ten (10) days).  The parties agree that if reasonable discussions of violations are not resolved then any failure of the Applicant to adhere to the foregoing commitments would constitute a breach of this agreement and grounds for the Residents to petition the ABC Board for issuance of an order to Show Cause, as provided by the D.C. Regulations.