THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Credence, LLC t/a Cashions Eat Place

Holderofa Retailer's Class CR License

at premises 1819 Columbia Road, N.W. Washington, D.C. 20009

) ) ) ) ) ) ) ) ) ) ) ) )

Credence, LLC, t/a Cashions Eat Place (Applicant)

License No. Order No.

Denis James, on behalf of Kalorama Citizens Association (KCA)

BEFORE: Ruthanne Miller, Chairperson Nick Alberti, Member Donald Brooks, Member Herman Jones, Member

ABRA-077276 2013-053

ORDER ON AMENDMENT TO COOPERATIVE AGREEMENT

The official records of the Alcoholic Beverage Control Board (Board) reflect that Credence, LLC, t/a Cashions Eat Place, (Licensee), and KCA entered into a Cooperative Agreement (Agreement), dated December 14, 2007, that governs the operation of the Licensee's establishment. This matter comes now before the Board to consider the Parties' Amendment to Cooperative Agreement (Amendment), dated February 4, 2013, in accordance with D.C. Official Code § 25-446 (2001).

All terms and conditions of the original Agreement, not amended by the Amendment, shall remain in full force and effect.

The Amendment has been reduced to writing and has been properly executed and filed with the Board. The Licensee and Denis James, on behalf of KCA, are signatories to the Amendment.

Credence, LLC tla Cashions Eat Place License No. ABRA-077276 Page 2

Accordingly, it is this 28th day of February, 2013, ORDERED that:

J . The above-referenced Amendment to Cooperative Agreement, dated February 4, 2013, submitted by the Parties to govern the operations of the Licensee's establishment is APPROVED and INCORPORATED as part of this Order;

2. Copies of this Order shall be sent to the Licensee and KCA.

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Credence, LLC tJa Cashions Eat Place License No. ABRA-077276 Page 3

District of Columbia Alcoholic Beverage Control Board

~ ~ Ruthanne Miller, Chairperson

d4~@LLI ~ck AI . , Member

/::o.-~

Herman Jones,

"---Pursuant to D.C. Official Code § 25-433, any Party adversely affected by this Order may file a Motion for Reconsideration within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., Suite 400S, Washington, D.C. 20009.

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COOPERATIVE AGREEMENT CONCERNING I.ICENSf TO SELL ALCOi-lOL.IC BEVERAGES

Thi~ <lgmemr=nt, first made and entel'ed into the 14lh day of December, 2007, upon ",pproval by the DC ABC Board, is, this 4'" day of Februllry, 2013 Emended as shown he,ein in told type, by .. " d batween p::':1.ies Credence, LLC, t/~ C~shion's Edt Place (Cashion's) , 1819 Columbia ROad, NW., CR-u1 I:c~nse nu~ber 77276" and tbe Kdlor3ma Citizens A.s:,ocii.'t ,on (~;CA), witnesseth :

WMress, Cdshion's is applyinS, in february, 2013, to t"~ Distnc t;f

Col~mb'a AlcohOil( Bel'erage Contro! 30ard fo ,. certain ch,mges in its opl:'rabon, and the f<CA wis.hes t,.) addr;"~5 !x,nc.:crns ra ,sed by th<l': app! : ~atl"n,

Whereas, ;o:CA agrees to not protest these changes (February, 2013) provided, that Cashion's l'equ3st (application) does n~t exceecl :'he condit ions Gescl'ibed belo" ...

Now, the ,"efon'\ t1'!~ Pdrti~s ag(ee. as fc ifows :

1. Operation :

Cashlon's she-Ii mi:ill~taln a restaurant k ense at 1819 Coiuir.oia Road, NW, and shaH not appiy for anoth'~r ci~ss or wpe of l icense fo .. thdt i{lO~tio" Cashlo:'! ':; sl"oall continue to hold it self ou', to the cOr.'!munity <'s a d ininil astlsbl:shment wjt~, the pnf'!'1ary pll ~ p(\se b(,!ng serv,ce or fooj It 'S under~tc.oC that Cashion 's may f .. "tur" cl limited miili'\O after 11 :00 pm, Sunday through Th,,:',dil'y' :3110 '3 ftsr 12 :00 mldn'ght 0,' Fr;ciay & Sctl.!rcM ·

2, Tt'!'! Hours of Op.eraN)r'i shail be as foi!ows: Ir.5itje : Sund<lY t hr ougil 'rhL/rsday : 10:00 am - 1 :01) a,'I'l Fndsy and !::aturday: 10:00 am - J :00 am, On F:'idays ar.n SatlJrda ys, no ch:ohoHc bevera~es WI;; be. ~oi.j vi sc';-vt!d after 2 :30 am.

Sidewalk Cafe/S'Jmmer Gardl:r1 : Lipen :; prl i'~at!o n to, and approval by, tl'Je ABC Boar", the ,'c,llow:n9 hoyrs :ihail g,~vem the s:dewalk c.ate/summer ga~den in fror.t of llH~l CoL, moia P.oao, NW: 7 days a ,\eek; Stop seating patrons: ~,O:30 pm. C!ose : ' ,2:30 am.

3, Oc:c.:upancf/O,pucity :

!::slde' Tr,ei"c &.11 ,, 11 be nl' more than 95 pa~ro"s a!fowed inside at a:,y time, Sidewalk CafejSuiTime,· Ga;-oen ' There ,~i:lii bp. no more than 28 p"t rons st:!ated in the S'dew8!k CafeJS~mmcr GGrc'-en ,

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Upon Applicat ion t o, and ClpprOla i b)' the SOard, ':ash:on 's rTlay f€nt'Jr,e c. liv~ bend 24 times per year.

Cdsnfo(,'s guarlillte(;s that the pe,T.;;rman( tl of ~aid "1uslc,'!'-,:; 5h,,11 no:: disturb the p€<!ce, o~der i.'nd quir:t of rile community or be heard in "11Y res:dent!al living unil 'learby, and that the purpose of tho:! musical t'crform<!nce 15 tu Drovlde e{llo),ment to the oir,ing pa;:rons of the restCluran t , Accord,n9iy, Cashion's agrE:~$ ~ot tr) $eek or permit u{lY DJ 'or K3tc?,OkP. per:cp"!Tiiin,:t:s or oan<:il1g, :;rd £h,:l1 not Institute a cover ch;;lg.:: for Cl;W liV'=! m'"s IC petionnanre, 11.1: doars and WInC,jWS shan bJO' clo;::eo at til times that th"re i'; a I've music: peITCr:nilnCi:; c.t C<>5hl,';)1':',$ wlt.h the t<X':l'p'':or: of normal '''~reS5 al1.:l t'grI?5S,

Cash:or.'s sMIl r: ~a ir~t.:. i i~ a continuous written 109, In noto!ibook form, ':If ellch Ii.,e mus', performdl"!';e , showing at a minimum, the date and the name of the musk;:;! .. ct, ;:"d agrees to rm:ke the ;(' 9 dlfaii .. 3i.,. to any A8RA j'IY'est i£:.tr:r , or MPD ::Jff1cer upon reou':;'st.

Al}' live '1'"SI( ;;crl'o,'mance sh,,!! end one t1O ~~~ prior to efos; ,g, :n a.:cord;mce l,Vlth th~ C.!OS ~ ('!9 Urf'\es recfted In Provjsiu~ .2 of th j~ agr~ei'T, en j: .

s. Casrdcn's and the KC;. agree to \·~: cri\ togt-th ~.r ·:oO;J6r ~t:h.'E:jy to n:lsctvf: ,~ r:v issul::s a' is,lIg O'Jl 0\' futl!re, ap~iicatlor.s !:JV Ci'!si-;"Jr, 's to t,o<? A.SC Board,

" ..

~ KA[ORAMA~ U crnzENs A5~9C1ATI9N U

February 12, 2013

Ruthann!! Miller, Chairperson DC Alcoholic Beverage Control Board 2000 14th Street, NW, Suite 400 S Washington, DC 20009

Dear Chair Miller,

Bye-mail transmission

With this letter, by separate pef file, the Kalorama Citizens Association (KCA) and Creedertce, LLC, tla Cashions, 1819 Columbia Road, NW, file with the Board an amended Cooperative Agreement for the Board's approval.

The changes to the agreement involve earlier hours of operation, and a very limited number of additional nights (12) when live music may be presented.

KCA doesn't consider these changes to be substantial, but we understand fully that this is the Board's decision to make.

Thank )'ou for your assistance in this matter.

Sincer)IY!)! f!: II,,. ./ . ' il:~ ~"'6. "UJ'tt;'~

DeniS Jo/i~s / (202) 292-86 H (202) 705-7411 C denisiames@venzon.net

DeniS James w Presldeni Bob Ellsworth 0 Vice Preslder.t Chrtsbile Saurr. rJ Treasurer

FouI1ded 11119

PO. Box 21·311 Kalorama Sialion Was/lington, DC 20009

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Credence, LLC tJa Cashion's Eat Place

Holderofa Retailer's Class CR License At premises

1819 Columbia Road N.W. Washington, D.C. 20009

) ) ) ) ) ) ) License No. ) Order No. ) ) ) )

Credence, LLC t/a Cashion's Eat Place, Licensee

Denis James, President, Kalorama Citizens Association

BEFORE: Peter B. Feather, Chairperson Mital M. Gandhi, Member Nick Alberti, Member Charles Brodsky, Member Donald Brooks, Member Hennan Jones, Member

77276 2009·086

ORDER ON VOLUNTARY AGREEMENT

The official records of the Alcoholic Control Board (Board) reflect that Credence, LLC tJa Cashion's Eat Place, holder of a Retailer's Class CR License, located at 1819 Columbia Road N. W., Washington D.C., and Denis James, President, Kalorama Citizens Association (collectively, the Parties) have entered into a Voluntary Agreement (Agreement) dated December 14,2007 setting forth the tenns and conditions that govern the operation of the Applicant's establishment.

The Agreement addresses the hours of operation and the sale and service of alcoholic beverages both inside the establishment and on the sidewalk cafe and in the summer garden. The Agreement also permits the establishment to offer a live jazz band of up to four musicians, playing acoustic, unamplified instruments no more than one night per month. All live music shall end on.: hour prior to closing time.

The Agreement has been reduced to writing and has been properly executed and filed with the Board. Both the Licensee and Denis James are signatories to the Agreement.

Credence, LLC tla Cashion's Eat Place License No. 77276 Page Two

Accordingly, it is this 22nd day of April 2009, ORDERED that the above­referenced Voluntary Agreement submitted by the Parties to govern the operations of the Applicant's establishment is APPROVED and INCORPORATED as part of this Order. Copies of this Order shall be sent to the Applicant and to Denis James.

District of Columbia Alcoholic Beverage Control Board

/g:fhd.-a pete;: B. Feather, Chairp""e£<rs:::lo~n---

Pursuant to 23 DCMR § 1719.1 (April 2004), any Party adversely affected may file a Motion for Reconsideration of this decision within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 941 North Capitol Street, N.E., Suite 7200, Washington, D.C. 20002.

· .

COOPERATIVE AGREEMENT COI'JCiRNllNG~'~ ,:;1:'- : ;'~'iUfLi LICENSE TO SELL ALCOHOLIC BEVErM~t§s:" " - :" ' : !

_ _ ')' /' V), ;) r

This agreement, made and entered into this 14th da1:glBecemb~~;' _ ,0

2007, by and between parties Credence, LLC, t/a cashio~ ,!;at Pla~e (Cashion's), 1819 Columbia Road, NW, CR-01 Iicel'1sENh:i~7276, and the Kalorama Citizens Association (KCA), witnesseth:

Whereas, Cashion's has applied to the District of Columbia Alcoholic Beverage Control Board for certain changes in its operation, and the KCA wishes to address concerns raised by that application,

Now, therefore, the parties agree as follows:

1. Operation:

Cashion's shall maintain a restaurant license at 1819 Columbia Road, NW, and shall not apply for another class or type of license for that location. Cashion's shall continue to hold itself out to the community as a fine dining establishment with the primary purpose being service of food . It Is understood that Cashion's will feature a limited "After Dark" menu after 11:00 pm, Sunday through Thursday (except Monday when closed) and after 12:00 midnight on Friday & Saturday.

2. The Hours of Operation shall be as follows : Inside: Sunday: 11:30 am - 1:00 am Monday: Closed Tuesday through Thursday: 5:30 pm - 1:00 am Friday and Saturday: 5:30 pm - 3 :00 am. On Fridays and Saturdays, no alcoholic beverages will be sold or served after 2:30 am.

Sidewalk Cafe/Summer Garden: Upon application to, and approval by, the Public Space Committee and the ABC Board, the following hours shall govern the sidewalk cafe/summer garden In front of 1819 Columbia Road, NW: Sunday & Tuesday: Stop seating patrons: 9:30 pm. Close: 11:30 pm. MOhday: Closed Wednesday-Saturday: Stop seating patrons: 10:30 pm. Close: 12:30 am.

3. Occupancy/Capacity:

Inside: There shall be no more than 96 patrons allowed inside at any time.

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· .

Sidewalk Cafe/Summer Garden: There shall be no more than 28 patrons seated in the Sidewalk Cafe/Summer Garden. '0"; Cf, ~;",~' f>'~T::,fP~Uf.~1:

::;1:1\'\) '(:",::"1.; . ~.I~.!I-: ; ';." · "":; .L' ~

4. Live Music: 'iC~~ ('::r. ",1 p 7: ~S

Upon Application to, and approval by the Board, Cashion's m~'t.r~,~ture'lJJJ, __ _ a live jazz band of up to 4 musicians, playing acoustic, un-ampllflea- '" Instruments no more than one night per month.

Cashion's guarantees that the performance of said musicians shall not disturb the peace, order and quiet of the community or be heard in any reSidential living unit nearby, and that the purpose of the musical performance is to provide enjoyment to the dining patrons of the restaurant. Accordingly, Cashion's agrees not to seek or permit any OJ or Karaoke performances or dancing, and shall not institute a cover charge for any live music performance. All doors and windows shall be closed at all times that there Is a live music performance at Cashion's with the exception of normal Ingress and egress.

Cashion's shall maintain a written log of each live music performance, and agrees to make the log available to any ABRA investigator, or MPO officer upon request.

Any live music performance shall end one hour prior to clOSing, in accordance with the closing times recited in Provision 2 of this agreement.

Cashion's agrees to file no further Entertainment Endorsement requests beyond what is contained in this provision.

5, Cashion's and the KCA agree to work together cooperatively to resolve any issues arising out of future applications by Cashion's to the ABC Board.

For Credence, LLC, t/a Cashion's:

~ /l -/Y-?a:)7 , President Date

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