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Late-night noise at Jack’s draws neighbor protests
July 25, 2007
By KATIE PEARCE, Current Staff Writer
By KATIE PEARCE, Current Staff Writer
Concerns over noise and late-night hours have caused a number of recent setbacks for Jack’s Restaurant and Bar, an eight-month-old establishment at 1527 17th St.
On July 11, the same day the Alcoholic Beverage Control Board requested a show-cause hearing for Jack’s, the Dupont Circle advisory neighborhood commission voted to oppose an element of the restaurant’s public-space application.
The two actions came on top of an ongoing protest from a group of neighbors against Jack’s pending liquor-license renewal. A group of 27 nearby residents banded together last month to form the protest group, citing issues with noise, cleanliness, public safety and impacts on property values.
According to Jack’s co-owner Latif Guler, who attended the neighborhood commission meeting, the problems at the restaurant stem primarily from the District’s smoking laws, which, he said, encourage loud crowds to accumulate outside.
“Everything is coming from the smoking ban,” Guler said in an interview. “I used to be a big, big supporter of the ban, but not anymore.”
Various restaurants have occupied the space that is now Jack’s over the years, with multiple lineups of owners. The latest, the French restaurant Le Pigalle, survived less than a year. Two new owners and veteran Swiss chef Herbert Kerschbaumer joined the fray in winter 2007 when the restaurant converted to Jack’s, which is advertised as a European bistro.
The current owners are now seeking permission from the city’s Public Space Committee to enclose their sidewalk cafe and add seats. The neighborhood commission voted last week to oppose the installation of a roll-down curtain to protect the sidewalk cafe against inclement weather.
Commissioner Mark Bjorge, whose single-member district includes Jack’s, said sidewalk cafes “are something that we enjoy … because they add to the general ambience of the street. But you enclose them, then we lose that benefit.”
The commission failed to pass a motion on another element of the public space application — a request from the restaurant to increase the capacity of its sidewalk cafe from 28 to 40 patrons. The vote on this issue split the commission 4-4.
Some commissioners were wary of granting any increased capacity to a restaurant that has stirred such neighborhood tension.
But Bjorge argued at the meeting in favor of a slight density increase — 34 as opposed to 40.
“The liveliness at 7 p.m.” is not one of Jack’s main problems, he said. “It’s the hooting and hollering at 12 and 1 a.m.”
Bjorge also pointed out that supporting the permit application would bring about “the opportunity to negotiate” with the restaurant.
Even after receiving approval from the Public Space Committee, the seating change would face review by the Alcoholic Beverage Control Board as a “substantial change” application. Commissioners said such a request would give them more of an opportunity to weigh in on the establishment’s operations.
“At that point, you’ve got … a chance for the ANC to take an active role in the proceedings,” said Bjorge.
The sidewalk cafe is open until midnight nightly, he said, and the commission would prefer to see an 11 p.m. closing.
Some neighbors say the restaurant routinely exceeds its approved hours, with patrons spilling out of the sidewalk cafe and creating noise problems.
“It’s gotten out of hand,” said Madison Jones, a member of the protest group and resident of the Cavanaugh Court co-op building across from Jack’s.
Jones, who has lived in the area for over 12 years, described Jack’s as the loudest restaurant he has witnessed at the location. “Everybody loves the neighborhood and no one’s against restaurants or people drinking, but we don’t want to see it turn into Adams Morgan,” said Jones.
Guler’s argument is that Jack’s debut coincided with the city’s implementation of the smoking ban. “Jack’s came to the neighborhood on Jan. 5 and the smoking ban came on Jan. 2,” he pointed out.
According to Rob Halligan, president of the Dupont Circle Citizens Association, Jack’s affiliation with a controversial party promoter only exacerbated problems, forming a neighborhood perception that the restaurant was “turning into a club.”
The alcohol board requested a show-cause hearing after receiving complaints about Jack’s routinely surpassing its approved capacity and sidewalk cafe hours, according to an e-mail to the community from Maria Delaney, director of the Alcoholic Beverage Regulation Administration.
“We’ve been constantly monitoring this location,” said Delaney. She said an investigative report is now in the hands of the D.C. Office of the Attorney General.
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??????? * * *? D.C. HOSPITALITY / NIGHTLIFE ALERT? * * *
_____________________________________________
????????????? D.C. MANDATORY SMOKING BAN IMPACT
??????????? FOLLOWED BY A NEW THREAT TO VENUES
??????????? FOLLOWED BY A NEW THREAT TO VENUES
????????? ‘After Smoking Ban Impact, D.C. Restaurants
????????? Now Face Newly-Enforced Food Sales Rules’
????????? Now Face Newly-Enforced Food Sales Rules’
????????????? ‘New ABC Food Sales Minimums Create
????????? “Stampede” of License Conversion Requests,
?? Prompting D.C. Council To Re-Examine Restaurant Rules’
????????? “Stampede” of License Conversion Requests,
?? Prompting D.C. Council To Re-Examine Restaurant Rules’
???????? ‘D.C. ABC Restaurant Food Sales Requirements
?????????????? Spark Tavern License Transfer Battles’
_____________________________________________
?????????????? Spark Tavern License Transfer Battles’
_____________________________________________
?????? “D.C. RESTAURANTS FACE ENFORCED SALES RULES,
????????????????????????? AFTER SMOKING BAN”
????????????????????????? AFTER SMOKING BAN”
?????? “‘The [D.C. restaurant] licensing hassle is just the
????? latest hit restaurants have had to absorb this year.
???????? Business in Adams Morgan is down 30 percent
??????? over last year, said Lisa Duperier, president of
???????? Adams Morgan Main Street, in part because of
????????? the smoking ban that went into effect Jan. 1.
????? latest hit restaurants have had to absorb this year.
???????? Business in Adams Morgan is down 30 percent
??????? over last year, said Lisa Duperier, president of
???????? Adams Morgan Main Street, in part because of
????????? the smoking ban that went into effect Jan. 1.
????? “‘Many, many businesses are in jeopardy right now,’
???? said Alireza Hajaligholi, who owns Chloe and Saki . . . “
???? said Alireza Hajaligholi, who owns Chloe and Saki . . . “
??????????????? — Washington Business Journal, June 22, 2007
_____________________________________________
_____________________________________________
? “D.C. COUNCIL AIRS DEBATE OVER TAVERN CONVERSIONS”
?? “Lisa Duperier of Adams Morgan Main Street [testified
?????? at a recent D.C. Council committee hearing that]
??????? business is already down 30 percent this year
?????? because of the city’s smoking ban [coupled with
??????? the lack of] daytime traffic mak[ing] it easier to
?????? meet the [District’s newly-enforced ABC-licensed
????????? restaurant] food sale minimums. Not allowing
??????? conversions [by establishments from restaurant
??????? to tavern or nightclub licenses in order to avoid
????? the new requirements] would be yet another blow,
?????????????????????????????? Duperier said.”
?????? at a recent D.C. Council committee hearing that]
??????? business is already down 30 percent this year
?????? because of the city’s smoking ban [coupled with
??????? the lack of] daytime traffic mak[ing] it easier to
?????? meet the [District’s newly-enforced ABC-licensed
????????? restaurant] food sale minimums. Not allowing
??????? conversions [by establishments from restaurant
??????? to tavern or nightclub licenses in order to avoid
????? the new requirements] would be yet another blow,
?????????????????????????????? Duperier said.”
???????????????????? — The Current Newspapers, June 20, 2007
_____________________________________________
?
????? “COMMUNITY FIGHT OVER D.C. TAVERN LICENSES
??????????????????? GOES TO COUNCIL COMMITTEE”
_____________________________________________
?
????? “COMMUNITY FIGHT OVER D.C. TAVERN LICENSES
??????????????????? GOES TO COUNCIL COMMITTEE”
??? “In 2004, the city instituted regulations for restaurant
?? license owners that required them to prove 45 percent
??????? of their sales are from food or that $2,000 per
????????? restaurant seat comes from food sales. . . .
?? license owners that required them to prove 45 percent
??????? of their sales are from food or that $2,000 per
????????? restaurant seat comes from food sales. . . .
???????? “Meanwhile, the Alcoholic Beverage Regulation
?????? Administration has announced it will become more
????? stringent about making sure the bars are complying
???????????????????????? with the requirements.
?????? Administration has announced it will become more
????? stringent about making sure the bars are complying
???????????????????????? with the requirements.
?????? “[Restaurant] owners . . . say that if they can’t get
????? a tavern license, they may get shut down or go out
???????????????????????????? of business. . . . “
????? a tavern license, they may get shut down or go out
???????????????????????????? of business. . . . “
??????????????? — Washington Business Journal, June 18, 2007
_____________________________________________
_____________________________________________
???????????? ‘AFTER SMOKING BAN, D.C. RESTAURANTS
????????????? NOW FACE ENFORCED FOOD SALE RULES’
????????????? NOW FACE ENFORCED FOOD SALE RULES’
“Bossa owner Rob Coltun is worried his Adams Morgan
? restaurant will get shut down once the city begins
? enforcing a tough food sales law in October.
? restaurant will get shut down once the city begins
? enforcing a tough food sales law in October.
“Under rules on the books since 2002, but only now
? about to be enforced by the D.C. Alcoholic Beverage
? Control Board, restaurants will have to prove 45 percent
? of their sales are food-related or that food sales come
? to $2,000 per seat per year, whichever is lower.
? about to be enforced by the D.C. Alcoholic Beverage
? Control Board, restaurants will have to prove 45 percent
? of their sales are food-related or that food sales come
? to $2,000 per seat per year, whichever is lower.
“Coltun, whose trendy, two-story restaurant-lounge has
? a maximum capacity of 150, but seats only 30 for meals,
? said the new enforcement could spell financial ruin.
? a maximum capacity of 150, but seats only 30 for meals,
? said the new enforcement could spell financial ruin.
“‘We have 30 [restaurant] seats, but we have to show
? food sales on 150,’ Coltun said. ‘It’s lunacy.’
? food sales on 150,’ Coltun said. ‘It’s lunacy.’
“The ABC board has traditionally based renewals of
? alcohol permits on the usual criteria of neighborhood
? complaints and whether the drinking age was being
? enforced. But under pressure from advisory
? neighborhood commissions to crack down on
? alcohol-related street crime, the agency in January
? hired four full-time auditors and now plans to enforce
? the five-year-old law.
? alcohol permits on the usual criteria of neighborhood
? complaints and whether the drinking age was being
? enforced. But under pressure from advisory
? neighborhood commissions to crack down on
? alcohol-related street crime, the agency in January
? hired four full-time auditors and now plans to enforce
? the five-year-old law.
“While savvier restaurateurs got around the 2002 law
? by applying to convert their alcohol licenses from a
? restaurant license to a ‘tavern license,’ most restaurants
? in Adams Morgan paid little attention to the law because
? of lax enforcement. However, in 2004, under pressure
? from the ANC in Adams Morgan, the alcohol board put a
? moratorium on new tavern licenses there and gave
? existing restaurants two years to apply for a transfer
? to a tavern licence. Then last August, in an emergency
? action, the agency limited to 10 the number of Adams
? Morgan restaurants that could convert to a tavern
? license.
? by applying to convert their alcohol licenses from a
? restaurant license to a ‘tavern license,’ most restaurants
? in Adams Morgan paid little attention to the law because
? of lax enforcement. However, in 2004, under pressure
? from the ANC in Adams Morgan, the alcohol board put a
? moratorium on new tavern licenses there and gave
? existing restaurants two years to apply for a transfer
? to a tavern licence. Then last August, in an emergency
? action, the agency limited to 10 the number of Adams
? Morgan restaurants that could convert to a tavern
? license.
“Now the ABC board and several neighborhood groups
? are backing legislation before the D.C. Council that
? would codify the moratorium into law. The ‘Adams
? Morgan Liquor License Moratorium Amendment’ awaits
? action in the Committee on Public Works and the
? Environment. . . .
? are backing legislation before the D.C. Council that
? would codify the moratorium into law. The ‘Adams
? Morgan Liquor License Moratorium Amendment’ awaits
? action in the Committee on Public Works and the
? Environment. . . .
“For now, the issue is limited to Adams Morgan. But
? Councilman Jim Graham, D-Ward 1, predicted a
? ‘stampede’ of applications for tavern licenses across
? the city.
? Councilman Jim Graham, D-Ward 1, predicted a
? ‘stampede’ of applications for tavern licenses across
? the city.
“‘This is going to happen throughout D.C.,’ Graham said.
“The licensing hassle is just the latest hit restaurants
? have had to absorb this year. Business in Adams Morgan
? is down 30 percent over last year, said Lisa Duperier,
? president of Adams Morgan Main Street, in part because
? of the smoking ban that went into effect Jan. 1.
? have had to absorb this year. Business in Adams Morgan
? is down 30 percent over last year, said Lisa Duperier,
? president of Adams Morgan Main Street, in part because
? of the smoking ban that went into effect Jan. 1.
“‘Many, many businesses are in jeopardy right now,’ said
? Alireza Hajaligholi, who owns Chloe and Saki in Adams
? Morgan.
? Alireza Hajaligholi, who owns Chloe and Saki in Adams
? Morgan.
“Rumba Cafe and San Marco restaurant are up for sale.
? Felix, Pharaoh’s Rock N’ Blues Bar & Grill and T.S. Muttly’s
? are under contract to be sold, according to the Adams
? Morgan Business and Professional Association. . . . “
? Felix, Pharaoh’s Rock N’ Blues Bar & Grill and T.S. Muttly’s
? are under contract to be sold, according to the Adams
? Morgan Business and Professional Association. . . . “
???????? — excerpted from the Washington Business Journal,
????????????????????????????????????????????????? Friday, June 22, 2007,
????????????????????????? “Restaurants face enforced sales rules,
???????????????????????????????????????????????????????? after smoke ban”
????????????????????????????????????????? By Erin Killian, Staff Reporter
??????? Copyright 2007 American City Business Journals, Inc.
_____________________________________________
????????????????????????????????????????????????? Friday, June 22, 2007,
????????????????????????? “Restaurants face enforced sales rules,
???????????????????????????????????????????????????????? after smoke ban”
????????????????????????????????????????? By Erin Killian, Staff Reporter
??????? Copyright 2007 American City Business Journals, Inc.
_____________________________________________
????????? ‘NEW D.C. ABC FOOD SALES MINIMUMS CREATE
???????? “STAMPEDE” OF LICENSE CONVERSION REQUESTS,
?? PROMPTING COUNCIL TO RE-EXAMINE RESTAURANT RULES’
???????? “STAMPEDE” OF LICENSE CONVERSION REQUESTS,
?? PROMPTING COUNCIL TO RE-EXAMINE RESTAURANT RULES’
“Ward 1 Council member Jim Graham is taking a hard look
? at an emergency moratorium that caps the number of
? tavern licenses in Adams Morgan and halts what he
? called a ‘stampede’ of conversions by restaurant owners
? on the 18th Street commercial strip.
? at an emergency moratorium that caps the number of
? tavern licenses in Adams Morgan and halts what he
? called a ‘stampede’ of conversions by restaurant owners
? on the 18th Street commercial strip.
“During a hearing Monday, Graham said he will probably
? support the unusual moratorium imposed by the
? Alcoholic Beverage Control Board last fall, but he said
? he doubts the measure will stem the late-night
? drunkenness and violence that have plagued the
? two-block strip in recent years.
? support the unusual moratorium imposed by the
? Alcoholic Beverage Control Board last fall, but he said
? he doubts the measure will stem the late-night
? drunkenness and violence that have plagued the
? two-block strip in recent years.
“Graham, who represents the area and also chairs the
? council’s committee that oversees liquor-license laws,
? said the moratorium points to a larger citywide problem.
? He said more restaurants might go out of business or
? try to convert to taverns because they cannot meet
? newly enforced requirements that they make nearly half
? of their profits from food.
? council’s committee that oversees liquor-license laws,
? said the moratorium points to a larger citywide problem.
? He said more restaurants might go out of business or
? try to convert to taverns because they cannot meet
? newly enforced requirements that they make nearly half
? of their profits from food.
“Three years ago, a seemingly minor amendment to the
? city’s Alcoholic Beverage Control law said restaurant
? licensees would have to earn at least 45 percent of
? gross revenue from food sales, or at least $2,000 per
? seat per year. That was a slightly looser standard than
? previous law, but this time the council said the rules —
? after a two-year grace period — would actually be
? enforced.
? city’s Alcoholic Beverage Control law said restaurant
? licensees would have to earn at least 45 percent of
? gross revenue from food sales, or at least $2,000 per
? seat per year. That was a slightly looser standard than
? previous law, but this time the council said the rules —
? after a two-year grace period — would actually be
? enforced.
“Auditors from the Alcoholic Beverage Regulation
? Administration are only now beginning to review the
? food and alcohol sale records submitted by restaurants.
? But early reports indicate that many restaurants around
? the city, and perhaps most in Adams Morgan, may not
? be able to meet the food-sale minimums.
? Administration are only now beginning to review the
? food and alcohol sale records submitted by restaurants.
? But early reports indicate that many restaurants around
? the city, and perhaps most in Adams Morgan, may not
? be able to meet the food-sale minimums.
“Meanwhile, some restaurant owners are trying to
? convert to tavern or nightclub licenses, which do not
? have a food-sale requirement. Some say they still want
? to serve food but they cannot meet the minimums
? mandated for restaurant licensees.
? convert to tavern or nightclub licenses, which do not
? have a food-sale requirement. Some say they still want
? to serve food but they cannot meet the minimums
? mandated for restaurant licensees.
“The trend had been especially marked in Adams Morgan,
? where there is little daytime office trade to boost food
? sales. By the time the Alcoholic Beverage Control Board
? first slapped on the moratorium last August, seven
? restaurants had already converted and seven more
? applications were on file. There were previously three
? tavern licenses in Adams Morgan.
? where there is little daytime office trade to boost food
? sales. By the time the Alcoholic Beverage Control Board
? first slapped on the moratorium last August, seven
? restaurants had already converted and seven more
? applications were on file. There were previously three
? tavern licenses in Adams Morgan.
“The emergency measure has since been extended
? three times and now needs approval from the council.
? The board agreed to process the seven applications
? already on file, but it said no new applications will be
? taken until the total number of tavern licenses in
? Adams Morgan slips below 10. . . .
? three times and now needs approval from the council.
? The board agreed to process the seven applications
? already on file, but it said no new applications will be
? taken until the total number of tavern licenses in
? Adams Morgan slips below 10. . . .
“Several business owners said the cap on conversions
? was unfair and would not stop the rowdiness outside.
? was unfair and would not stop the rowdiness outside.
“Bill Duggan, owner of Madam’s Organ, said he wants to
? convert to a tavern license even though he would keep
? his full-service kitchen. Despite the popular Southern
? cuisine, Duggan said, his restaurant has twice failed to
? meet the food-service minimums. ‘My recent visit to a
? proctologist was a walk in the park’ compared with the
? ‘intrusive’ city audit, he said.
? convert to a tavern license even though he would keep
? his full-service kitchen. Despite the popular Southern
? cuisine, Duggan said, his restaurant has twice failed to
? meet the food-service minimums. ‘My recent visit to a
? proctologist was a walk in the park’ compared with the
? ‘intrusive’ city audit, he said.
“Duggan said restaurateurs share residents’ concerns
? about the late-night mayhem on 18th Street. ‘If Adams
? Morgan is unruly, it’s bad for business.’ But, he said,
? outsiders, not patrons of the bars and restaurants,
? commit most of the violence. He said a beefed-up
? police presence now being paid for by business
? owners is the best remedy.
? about the late-night mayhem on 18th Street. ‘If Adams
? Morgan is unruly, it’s bad for business.’ But, he said,
? outsiders, not patrons of the bars and restaurants,
? commit most of the violence. He said a beefed-up
? police presence now being paid for by business
? owners is the best remedy.
“Others said ‘outside predators’ are attracted by the
? late-night pizza stands that have opened up in recent
? years. ‘I don’t believe this issue of conversions has
? anything to do with public safety,’ said Chuck Brazee
? of the Adams Morgan Business Association. ‘We had
? five fights on the street last weekend and not one of
? them involved the clientele of bars.’ . . .
? late-night pizza stands that have opened up in recent
? years. ‘I don’t believe this issue of conversions has
? anything to do with public safety,’ said Chuck Brazee
? of the Adams Morgan Business Association. ‘We had
? five fights on the street last weekend and not one of
? them involved the clientele of bars.’ . . .
“Lisa Duperier of Adams Morgan Main Street said
? business is already down 30 percent this year because
? of the city’s smoking ban [coupled with the lack of]
? daytime traffic mak[ing] it easier to meet the food sale
? minimums. Not allowing conversions would be yet
? another blow, Duperier said. . . .
? business is already down 30 percent this year because
? of the city’s smoking ban [coupled with the lack of]
? daytime traffic mak[ing] it easier to meet the food sale
? minimums. Not allowing conversions would be yet
? another blow, Duperier said. . . .
“Graham repeatedly asked witnesses if they could show
? a ‘nexus’ between the conversions to taverns and
? decline in ‘the quality of life’ along 18th Street. ‘There’s
? no difference between a restaurant or tavern after
? 1 a.m. They both become drinking establishments,’ he
? said. Restricting conversions ‘is not going to change
? who’s hanging out in the street at 2 a.m.’
? a ‘nexus’ between the conversions to taverns and
? decline in ‘the quality of life’ along 18th Street. ‘There’s
? no difference between a restaurant or tavern after
? 1 a.m. They both become drinking establishments,’ he
? said. Restricting conversions ‘is not going to change
? who’s hanging out in the street at 2 a.m.’
“But at the end of the hearing, he said he was ‘inclined’
? to support the cap even though he did not think it
? would make 18th Street calmer.
? to support the cap even though he did not think it
? would make 18th Street calmer.
“The bigger issue, Graham said, is whether the strict
? food-sale requirements will put restaurants city-wide
? out of business, or push more of them to convert to
? tavern licenses. ‘We’re talking about a stampede to
? convert in Adams Morgan, which could become citywide
? if it’s an insurmountable hurdle to meet the food
? requirements.’
? food-sale requirements will put restaurants city-wide
? out of business, or push more of them to convert to
? tavern licenses. ‘We’re talking about a stampede to
? convert in Adams Morgan, which could become citywide
? if it’s an insurmountable hurdle to meet the food
? requirements.’
“Graham asked for a quick review to see how many of
? [the] city’s . . . restaurants would have trouble meeting
? the food-sale minimums. He said the requirements set
? by the council three years ago were arbitrary and may
? have been too high.
? [the] city’s . . . restaurants would have trouble meeting
? the food-sale minimums. He said the requirements set
? by the council three years ago were arbitrary and may
? have been too high.
“‘No one wants all these restaurants to go under,’ he
? said. ‘If a huge number are not able to comply, that is a
? real public policy concern.'”
? said. ‘If a huge number are not able to comply, that is a
? real public policy concern.'”
?????????????????? — excerpted from The Current Newspapers,
?????????????????????????????????? Washington, D.C., June 20, 2007,
???????????????? “Council airs debate over tavern conversions”
??????????????????????? By Elizabeth Wiener, Current Staff Writer
?????????????????????? Copyright 2007 The Current Newspapers
_____________________________________________
?????????????????????????????????? Washington, D.C., June 20, 2007,
???????????????? “Council airs debate over tavern conversions”
??????????????????????? By Elizabeth Wiener, Current Staff Writer
?????????????????????? Copyright 2007 The Current Newspapers
_____________________________________________
????? ‘D.C. ABC RESTAURANT FOOD SALES REQUIREMENTS
?????????? SPARK TAVERN LICENSE TRANSFER BATTLES’
?????????? SPARK TAVERN LICENSE TRANSFER BATTLES’
“Adams Morgan neighborhood community associations
? and bars in the Northwest D.C. neighborhood have been
? in a heated battle over the number of tavern licenses
? that should be distributed to the 18th Street NW strip.
? And now the D.C. Council is getting involved.
? and bars in the Northwest D.C. neighborhood have been
? in a heated battle over the number of tavern licenses
? that should be distributed to the 18th Street NW strip.
? And now the D.C. Council is getting involved.
“At a June 18 public hearing, the D.C. Council’s Committee
? on Public Works and the Environment, chaired by
? Councilman Jim Graham, D-Ward 1, heard the combatants
? testify on the proposed ‘Adams Morgan Liquor License
? Moratorium Amendment.’
? on Public Works and the Environment, chaired by
? Councilman Jim Graham, D-Ward 1, heard the combatants
? testify on the proposed ‘Adams Morgan Liquor License
? Moratorium Amendment.’
“Last August, the Alcoholic Beverage Control Board
? passed an emergency resolution that allowed no more
? than 10 tavern licenses on the strip. While there is a
? moratorium on new tavern licenses, the proposed law
? would keep business owners with a restaurant license,
? like Madam’s Organ Blues Bar, Millie & Al’s, Kokopooli’s
? and Bossa Bistro and Lounge, from transferring it to a
? tavern license.
? passed an emergency resolution that allowed no more
? than 10 tavern licenses on the strip. While there is a
? moratorium on new tavern licenses, the proposed law
? would keep business owners with a restaurant license,
? like Madam’s Organ Blues Bar, Millie & Al’s, Kokopooli’s
? and Bossa Bistro and Lounge, from transferring it to a
? tavern license.
“The limit is a reaction to an increasing number of
? restaurants interested in applying for the tavern license.
? restaurants interested in applying for the tavern license.
“In 2004, the city instituted regulations for restaurant
? license owners that required them to prove 45 percent
? of their sales are from food or that $2,000 per
? restaurant seat comes from food sales. There are less
? stringent requirements on the owners with a tavern
? license. When the law was written, restaurants had
? two years to transfer to a tavern license.
? license owners that required them to prove 45 percent
? of their sales are from food or that $2,000 per
? restaurant seat comes from food sales. There are less
? stringent requirements on the owners with a tavern
? license. When the law was written, restaurants had
? two years to transfer to a tavern license.
“The Advisory Neighborhood Commission, however,
? found that restaurants along the strip were all applying
? for a tavern license because they couldn’t meet the
? $2,000 per seat or 45 percent of sales requirement.
? The commission notified ABRA in July 2006, which
? passed the resolution Aug. 2.
? found that restaurants along the strip were all applying
? for a tavern license because they couldn’t meet the
? $2,000 per seat or 45 percent of sales requirement.
? The commission notified ABRA in July 2006, which
? passed the resolution Aug. 2.
“‘They did it so quickly that people didn’t even have a
? chance to put applications in,’ said Alireza Hajaligholi,
? who owns Chloe and Saki.
? chance to put applications in,’ said Alireza Hajaligholi,
? who owns Chloe and Saki.
“Meanwhile, the Alcoholic Beverage Regulation
? Administration has announced it will become more
? stringent about making sure the bars are complying
? with the requirements. In January, ABRA hired four
? full-time auditors to review the restaurant’s numbers
? and started asking the restaurants for quarterly
? reports.
? Administration has announced it will become more
? stringent about making sure the bars are complying
? with the requirements. In January, ABRA hired four
? full-time auditors to review the restaurant’s numbers
? and started asking the restaurants for quarterly
? reports.
“There are currently 11 tavern licenses, but seven
? restaurants are in the pipeline to receive tavern
? licenses that applied before the August deadline,
? including Madam’s Organ, Chloe and Saki. Under the
? resolution they will also get the licenses.
? restaurants are in the pipeline to receive tavern
? licenses that applied before the August deadline,
? including Madam’s Organ, Chloe and Saki. Under the
? resolution they will also get the licenses.
“The Advisory Neighborhood Commission is worried that
? additional bars will be able to get tavern licenses, so it
? allocated $20,000 to hire a lawyer to work on the
? issue. . . .
? additional bars will be able to get tavern licenses, so it
? allocated $20,000 to hire a lawyer to work on the
? issue. . . .
“[O]wners also say that if they can’t get a tavern license,
? they may get shut down or go out of business.
? they may get shut down or go out of business.
“Bossa owner Rob Coltun, who testified at the hearing,
? applied after the August deadline because he says he
? wasn’t aware of the emergency resolution.
? applied after the August deadline because he says he
? wasn’t aware of the emergency resolution.
“‘I got blocked out,’ Coltun said. ‘It’s lunacy. I have to
? decide whether it’s financially worth it to fight it.’
? decide whether it’s financially worth it to fight it.’
“At the hearing, Graham asked ABRA for more information
? on the food minimums to help determine whether they
? are realistic for D.C.
? on the food minimums to help determine whether they
? are realistic for D.C.
“‘None of this came to Moses in a mountain,’ he said. ‘The
? numbers are arbitrary by definition — they weren’t
? established in a scientific way.’
? numbers are arbitrary by definition — they weren’t
? established in a scientific way.’
“Graham added: ‘This had real life impact. People’s
? livelihoods are at stake.'”
? livelihoods are at stake.'”
???????? — excerpted from the Washington Business Journal,
??????????????????????????????????????????????? Monday, June 18, 2007,
???????????????????????????? “Community fight over Adams Morgan
???????????????????? tavern licenses goes to Council committee”
????????????????????????????????????????? By Erin Killian, Staff Reporter
??????? Copyright 2007 American City Business Journals, Inc.
_____________________________________________
??????????????????????????????????????????????? Monday, June 18, 2007,
???????????????????????????? “Community fight over Adams Morgan
???????????????????? tavern licenses goes to Council committee”
????????????????????????????????????????? By Erin Killian, Staff Reporter
??????? Copyright 2007 American City Business Journals, Inc.
_____________________________________________
??????? “NO ONE SHOULD BE SURPRISED IF THE
??????????? MANDATORY SMOKING BAN RESULTS
?????????????? IN FEWER OPTIONS AND LESS CHOICES
????????????????? IN THE MARKETPLACE. . . . “
??????????? MANDATORY SMOKING BAN RESULTS
?????????????? IN FEWER OPTIONS AND LESS CHOICES
????????????????? IN THE MARKETPLACE. . . . “
???? — excerpted from ATLAS News Release, April 3, 2006,
????? “ATLAS Announces Lizard Lounge Closing Night Party
??????? As 2007 Mandatory Smoking Ban Becomes D.C. Law;
????????????????? Popular Weekly Gay Nightlife Event Will Close
????????????????? After 8 Years, ATLAS To Host Holiday Dance
????????????????????????????????????? Parties As Smoking Ban Looms”
_____________________________________________
ATLAS
ATLAS InfoLine?? 202 331 4422
info@ATLASevents.com
www.ATLASevents.com
????? “ATLAS Announces Lizard Lounge Closing Night Party
??????? As 2007 Mandatory Smoking Ban Becomes D.C. Law;
????????????????? Popular Weekly Gay Nightlife Event Will Close
????????????????? After 8 Years, ATLAS To Host Holiday Dance
????????????????????????????????????? Parties As Smoking Ban Looms”
_____________________________________________
ATLAS
ATLAS InfoLine?? 202 331 4422
info@ATLASevents.com
www.ATLASevents.com
WASHINGTON BUSINESS JOURNAL
EXCLUSIVE REPORT
Restaurants face enforced sales rules, after smoke ban
EXCLUSIVE REPORT
Restaurants face enforced sales rules, after smoke ban
June 22, 2007
By Erin Killian Staff Reporter
By Erin Killian Staff Reporter
[ PHOTO ]? Bossa Boss: Restaurant owner Rob Coltun calls the food sales law ‘lunacy.’ The law requires him to prove that food, not alcohol, accounts for 45 percent of his sales or $2,000 per seat per year. (Photo By Joe Brier)
Bossa owner Rob Coltun is worried his Adams Morgan restaurant will get shut down once the city begins enforcing a tough food sales law in October.
Under rules on the books since 2002, but only now about to be enforced by the D.C. Alcoholic Beverage Control Board, restaurants will have to prove 45 percent of their sales are food-related or that food sales come to $2,000 per seat per year, whichever is lower.
Coltun, whose trendy, two-story restaurant-lounge has a maximum capacity of 150, but seats only 30 for meals, said the new enforcement could spell financial ruin.
“We have 30 [restaurant] seats, but we have to show food sales on 150,” Coltun said. “It’s lunacy.”
The ABC board has traditionally based renewals of alcohol permits on the usual criteria of neighborhood complaints and whether the drinking age was being enforced. But under pressure from advisory neighborhood commissions to crack down on alcohol-related street crime, the agency in January hired four full-time auditors and now plans to enforce the five-year-old law.
While savvier restaurateurs got around the 2002 law by applying to convert their alcohol licenses from a restaurant license to a “tavern license,” most restaurants in Adams Morgan paid little attention to the law because of lax enforcement. However, in 2004, under pressure from the ANC in Adams Morgan, the alcohol board put a moratorium on new tavern licenses there and gave existing restaurants two years to apply for a transfer to a tavern licence. Then last August, in an emergency action, the agency limited to 10 the number of Adams Morgan restaurants that could convert to a tavern license.
Now the ABC board and several neighborhood groups are backing legislation before the D.C. Council that would codify the moratorium into law. The “Adams Morgan Liquor License Moratorium Amendment” awaits action in the Committee on Public Works and the Environment.
The D.C. Council has until the end of July to act, or the limit on transfers will be lifted. In the meantime, the ANC earlier this year allocated $20,000 to hire a lawyer to fight each case until the cap is law.
The moratorium and limits leave Coltun and others — including some Latino restaurant owners who had no idea of the changes — facing the auditors.
For now, the issue is limited to Adams Morgan. But Councilman Jim Graham, D-Ward 1, predicted a “stampede” of applications for tavern licenses across the city.
“This is going to happen throughout D.C.,” Graham said.
The licensing hassle is just the latest hit restaurants have had to absorb this year. Business in Adams Morgan is down 30 percent over last year, said Lisa Duperier, president of Adams Morgan Main Street, in part because of the smoking ban that went into effect Jan. 1.
“Many, many businesses are in jeopardy right now,” said Alireza Hajaligholi, who owns Chloe and Saki in Adams Morgan.
Rumba Cafe and San Marco restaurant are up for sale. Felix, Pharaoh’s Rock N’ Blues Bar & Grill and T.S. Muttly’s are under contract to be sold, according to the Adams Morgan Business and Professional Association.
ANC members link the bars to a spike in late-night violence over the past year.
“If you look, we have the highest calls of service for disorderlies, noise, violence, fist fights, and over half of the calls to Adams Morgan come to a two-block radius on 18th Street,” said ANC chair Brian Weaver.
“Our problems are not the customers of the bars,” Hajaligholi said. “It’s the ones that are not even old enough to be in the bars. They hang out and cause trouble. But we have no control over them.”
———————
Council airs debate over tavern conversions
June 20, 2007
By ELIZABETH WIENER, Current Staff Writer
By ELIZABETH WIENER, Current Staff Writer
Ward 1 Council member Jim Graham is taking a hard look at an emergency moratorium that caps the number of tavern licenses in Adams Morgan and halts what he called a “stampede” of conversions by restaurant owners on the 18th Street commercial strip.
During a hearing Monday, Graham said he will probably support the unusual moratorium imposed by the Alcoholic Beverage Control Board last fall, but he said he doubts the measure will stem the late-night drunkenness and violence that have plagued the two-block strip in recent years.
Graham, who represents the area and also chairs the council’s committee that oversees liquor-license laws, said the moratorium points to a larger citywide problem. He said more restaurants might go out of business or try to convert to taverns because they cannot meet newly enforced requirements that they make nearly half of their profits from food.
Three years ago, a seemingly minor amendment to the city’s Alcoholic Beverage Control law said restaurant licensees would have to earn at least 45 percent of gross revenue from food sales, or at least $2,000 per seat per year. That was a slightly looser standard than previous law, but this time the council said the rules — after a two-year grace period — would actually be enforced.
Auditors from the Alcoholic Beverage Regulation Administration are only now beginning to review the food and alcohol sale records submitted by restaurants. But early reports indicate that many restaurants around the city, and perhaps most in Adams Morgan, may not be able to meet the food-sale minimums.
Meanwhile, some restaurant owners are trying to convert to tavern or nightclub licenses, which do not have a food-sale requirement. Some say they still want to serve food but they cannot meet the minimums mandated for restaurant licensees.
The trend had been especially marked in Adams Morgan, where there is little daytime office trade to boost food sales. By the time the Alcoholic Beverage Control Board first slapped on the moratorium last August, seven restaurants had already converted and seven more applications were on file. There were previously three tavern licenses in Adams Morgan.
The emergency measure has since been extended three times and now needs approval from the council. The board agreed to process the seven applications already on file, but it said no new applications will be taken until the total number of tavern licenses in Adams Morgan slips below 10.
Testimony at Graham’s hearing echoed the divergent views expressed when the beverage control board heard the case last fall.
Beverage control board chair Charles Burger told Graham that 287 pages of testimony and videotapes of “late-night noise, public vomiting and violent and rowdy behavior caused by patrons of ABC establishments” convinced the board it needed to stop the conversions immediately. “It’s the difference between a bag of pretzels and a full-course meal,” he said.
Several business owners said the cap on conversions was unfair and would not stop the rowdiness outside.
Bill Duggan, owner of Madam’s Organ, said he wants to convert to a tavern license even though he would keep his full-service kitchen. Despite the popular Southern cuisine, Duggan said, his restaurant has twice failed to meet the food-service minimums. “My recent visit to a proctologist was a walk in the park” compared with the “intrusive” city audit, he said.
Duggan said restaurateurs share residents’ concerns about the late-night mayhem on 18th Street. “If Adams Morgan is unruly, it’s bad for business.” But, he said, outsiders, not patrons of the bars and restaurants, commit most of the violence. He said a beefed-up police presence now being paid for by business owners is the best remedy.
Others said “outside predators” are attracted by the late-night pizza stands that have opened up in recent years. “I don’t believe this issue of conversions has anything to do with public safety,” said Chuck Brazee of the Adams Morgan Business Association. “We had five fights on the street last weekend and not one of them involved the clientele of bars.” He said that during one violent weekend night, police shut down one pizza joint, and “30 percent of the people left.”
Lisa Duperier of Adams Morgan Main Street said business is already down 30 percent this year because of the city’s smoking ban and competition from downtown and 14th Street, where daytime traffic makes it easier to meet the food sale minimums. Not allowing conversions would be yet another blow, Duperier said. “Do you want to put Millie and Al’s out of business?” she asked Graham.
But Peter Lyden of the Reed-Cooke Neighborhood Association, one of several groups that pushed for the moratorium, said the easy availability of alcohol has ruined the 18th Street strip for residents on weekend nights, citing damage to parked cars and hit-and-run accidents. “It isn’t necessarily the patrons, but Adams Morgan has become an attractive nuisance,” Lyden said.
Advisory neighborhood commissioner Bryan Weaver cited police statistics for the 2300 and 2400 blocks of 18th Street: 84 assaults in 2004, 149 in 2005, 169 last year. “I can’t believe outside predators are coming to Adams Morgan [late at night] because of jumbo pizza slices. Many of these are alcohol-propelled,” he said.
“If you have 70 establishments serving alcohol, some of it is going to flow out. We’re at the tipping point now,” Weaver said.
Graham repeatedly asked witnesses if they could show a “nexus” between the conversions to taverns and decline in “the quality of life” along 18th Street. “There’s no difference between a restaurant or tavern after 1 a.m. They both become drinking establishments,” he said. Restricting conversions “is not going to change who’s hanging out in the street at 2 a.m.”
But at the end of the hearing, he said he was “inclined” to support the cap even though he did not think it would make 18th Street calmer.
The bigger issue, Graham said, is whether the strict food-sale requirements will put restaurants city-wide out of business, or push more of them to convert to tavern licenses. “We’re talking about a stampede to convert in Adams Morgan, which could become citywide if it’s an insurmountable hurdle to meet the food requirements.”
Graham asked for a quick review to see how many of [the] city’s . . . restaurants would have trouble meeting the food-sale minimums. He said the requirements set by the council three years ago were arbitrary and may have been too high.
“No one wants all these restaurants to go under,” he said. “If a huge number are not able to comply, that is a real public policy concern.”
[ * NOTE: Current Newspapers content is not available online.]
[ * NOTE: Current Newspapers content is not available online.]
———————
Campaign for Tobacco-Free Kids Honors
2007 Youth Advocates Of The Year For Leadership in Fighting Tobacco Use
D.C. Mayor Adrian Fenty Also Honored As Champion
Campaign for Tobacco-Free Kids
2007-05-03
Intro:? The Campaign for Tobacco-Free Kids today announced the winners of the 2007 Youth Advocates of the Year Awards, an annual competition that honors young people who have made outstanding contributions to tobacco prevention. The youth advocates will receive educational scholarships and grants to continue their tobacco prevention efforts and serve as ambassadors for the Campaign.
“D.C. RESTAURANTS AND BARS HAVE SUFFERED SINCE THE CITY’S SMOKING BAN TOOK EFFECT IN JANUARY, ACCORDING TO A SURVEY RELEASED THIS WEEK”
— The Washington Examiner, May 3, 2007
— The Washington Examiner, May 3, 2007
“BARS, RESTAURANTS SAY D.C. SMOKING BAN? AFFECTS BOTTOM LINE”
“LOCAL OWNERS SAY IT HAS BEEN TOUGH”
— WTOP News Radio, Washington, D.C., May 2, 2007
“LOCAL OWNERS SAY IT HAS BEEN TOUGH”
— WTOP News Radio, Washington, D.C., May 2, 2007
?”HOLD THE FRIES AND THE D.C. MENU LABELING BILL”
?”If enacted, the measure would affect chains of 10 or?? more restaurants — from fast-food joints such as McDonald’s and Burger King to upscale favorites such as Morton’s steakhouse and Legal Sea Foods.
?– The Washington Post Outlook,? Opinion, Sunday, May 6, 2007
?”If enacted, the measure would affect chains of 10 or?? more restaurants — from fast-food joints such as McDonald’s and Burger King to upscale favorites such as Morton’s steakhouse and Legal Sea Foods.
?– The Washington Post Outlook,? Opinion, Sunday, May 6, 2007
Subject: For Immediate Release from RAMW
Date: Tue, 1 May 2007 12:53:45 -0400
Contact:?? Andrew J. Kline 202.686.7600
Date: Tue, 1 May 2007 12:53:45 -0400
Contact:?? Andrew J. Kline 202.686.7600
For Immediate Release:?????????????????????????????????????????????????????
May 1, 2007??????????????????????????????????????????????????????????????????????
May 1, 2007??????????????????????????????????????????????????????????????????????
Restaurant Association Survey Reflects Businesses Negatively Affected By Smoking Ban as Hardship Waivers Become Available
The Restaurant Association Metropolitan Washington (“RAMW”) reports that a survey of members reflects that D.C restaurants, bars and nightclubs have been affected by the mandatory smoking ban. Over 35% of those responding to the survey reported a decline in revenue since the ban took effect, with one respondent reporting a 50% decrease in revenue.
“As we expected, and as has been reported in other jurisdictions adopting them, businesses are hurt by mandatory smoking bans”, said Andrew J. Kline, General Counsel of RAMW.?? “Most affected are our local restaurant and bar businesses”, said Kline.
Lynne Breaux, President of RAMW, expressed concern for the survival of locally owned and operated restaurants and bars, which the survey reflects have been most impacted by the ban.? “It will be unfortunate if any one of our local entrepreneurs, each of which have worked hard to make D.C a great nightlife city, become a casualty to this government mandate”, said Breaux.
The RAMW survey was concluded as hardship waivers become available under the regulations which were put in place by Mayor Adrian Fenty. As of May 1, any business which can demonstrate a drop in gross revenues of 15% or more can apply to the Department of Health for temporary relief from the mandatory smoking ban. The regulations sent to the Council of the District of Columbia for approval by then Mayor Anthony Williams in December, only required businesses to show a 5% drop in revenue.
According to Breaux, there may be businesses already in trouble which cannot meet the new standard for a hardship waiver. “With restaurants averaging, nationally, only a 4% margin of profit, a restaurant which has suffered a 5% decline in revenues may already be in trouble”, stated Breaux.
In addition, Mayor Williams proposed the creation of a Tobacco Board, an impartial body to consider waiver requests. Under the Fenty regulations, decisions concerning waivers are left to the Department of Health. Kline expressed concern for a fair process. “The waiver requests must be considered fairly, or the waiver process put in place by the Council when the ban was passed will be meaningless.? RAMW will be watching this process closely”, said Kline.
###
?* URGENT D.C. HOSPITALITY INDUSTRY ANNOUNCEMENT *
TO: D.C. Hospitality / Nightlife Industry Contacts
DATE:? April 18, 2007
RE: D.C. Smoking Ban Economic Hardship Waiver Information Survey
TO: D.C. Hospitality / Nightlife Industry Contacts
DATE:? April 18, 2007
RE: D.C. Smoking Ban Economic Hardship Waiver Information Survey
The Restaurant Association Metropolitan Washington (RAMW) is conducting a confidential survey to determine the economic impact of the D.C. mandatory smoking ban on local hospitality and nightlife establishments.
Please note that both RAMW members and other businesses are invited to participate in this short survey.
Local businesses experiencing a reduction in revenue since the implementation of the smoking ban may be eligible for an “economic hardship waiver” under the law.
Survey participants experiencing a loss of revenue will receive information on qualifying for a smoking ban waiver.
To complete this important confidential online survey, please use the following direct link:
Thank you in advance for your participation!
Struggling D.C. bars miss the smokers, their cash
By Jen Haberkorn, THE WASHINGTON TIMES
February 27, 2007
D.C. bar owners say business has fallen significantly since the city’s smoking ban was implemented almost two months ago.
By Jen Haberkorn, THE WASHINGTON TIMES
February 27, 2007
D.C. bar owners say business has fallen significantly since the city’s smoking ban was implemented almost two months ago.
SHOW & TELL
Bottled Up Frustration
Noise outside a Penn Quarter club leads to an outpouring of anger.
Bottled Up Frustration
Noise outside a Penn Quarter club leads to an outpouring of anger.
February 16 – 22, 2007
By Jessica Gould
By Jessica Gould
A couple of weeks ago, Leah April decided that she’d had it with the noisemakers standing below her window. April lives in the Cosmopolitan, a condo building next to RNR Bar & Lounge on 6th Street NW. As a development consultant, April travels to places like Afghanistan and Eastern Europe, and she likes a little peace and quiet when she’s home. So after being awoken yet again by the crowd outside RNR, she decided to let them have it. Sometime after 1 a.m. on Jan. 28, she cracked open her window and poured a bottle of water on RNR’s revelers. “It was just a little bottle of water,” she says. “It was water from the tap.”
April’s January offensive was the second time RNR folk have received an unexpected shower from their next-door neighbors, says owner Chris Sanders. This time cops witnessed the incident and wrote it up, though April wasn’t charged with an offense.
“There’s a limit,” Sanders says. “When she threw water on our customers, that seemed to be a direct attack on our business.” For the time being, “We just demanded an apology [and] for her to cease and desist that type of behavior,” he says. “We like to handle things civilly, not by throwing water on people.”
Things weren’t always so contentious between the bar and its condo-dwelling neighbors. In fact, just last spring they were breaking bread and sipping brew together. When the bar owners announced that RNR would be replacing Coyote Ugly, the neighbors were excited about the transition. They expected “a local bar, not a destination bar,” says Miles Groves, president of the Cosmopolitan Condominium Association. To celebrate, the RNR’s owners threw a party on their rooftop, inviting residents and members of the Penn Quarter Neighborhood Association to come by and hang out. “It was just a pleasant afternoon,” Groves says.
But the bar’s new incarnation has been too successful for some Cosmopolitan residents. There’s been a steady stream of noise complaints, Sanders says, and now the smoking ban has added to the sidewalk hubbub. “The smoking ban causes a lot of in-and-out traffic, a lot more than usual,” he says. “People are going to be loud. It’s cold outside. They’re like, ‘Whoa, it’s cold.’ It’s not like they’re singing soccer songs.”
He says RNR has worked hard to tamp down the noise levels. “We’ve hired extra staff, got police presence and an audio engineer at significant expense to ourselves.” For example, the engineer recommended that the bar reposition its speakers and install a door in the back stairway, which it did, Sanders says. “We’re trying to be a good neighbor.”
Sanders has sympathy for the people next door, but he thinks they should have anticipated noise when they decided to move to the neighborhood. “You live at the cross street of an arena. When the Wizards fans come out hooting and hollering, do they call Abe Pollin? It’s like moving in at the end of the runway and complaining about the planes.”
