THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Lucky Times Liquors, LLC tla Shulman Liquors

Holder ofa Retailer's Class A License at premises 1550 1st Street, S.W. Washington, D.C. 20024

) ) ) ) ) ) ) ) ) ) )

License Number: Order Number:

Lucky Times Liquors, LLC, tla Shulman Liquors, Applicant

60659 2010-437

Ron McBee, Chairperson, Advisory Neighborhood Commission 6D

Ronda Hamilton, Commissioner, Advisory Neighborhood Commission 6D

BEFORE: Charles Brodsky, Chairperson Mital M. Gandhi, Member Nick Alberti, Member Donald Brooks, Member Herman Jones, Member Calvin Noph1in, Member Mike Silverstein, Member

ORDER ON AMENDMENT TO VOLUNTARY AGREEMENT

The Applicant and Advisory Neighborhood Commission 6D (collectively, the Parties) entered into a Voluntary Agreement (Agreement) dated December 9, 2008 setting forth the terms and conditions by which the Applicant would operate its establishment. This matter comes now before the Alcoholic Beverage Control Board (Board) to consider the Parties' Amendment to Voluntary Agreement (Amendment) in accordance with D.C. Official Code § 25-446 (2001).

The official records of the Board reflect that the Parties have agreed to amend the original Agreement and the Applicant; Commissioner Rhonda Hamilton, on behalf of ANC 6D; and Chairperson Ron McBee, on behalf of ANC 6D, are signatories to the Amendment. The Amendment has been reduced to writing and has been properly executed and filed with the Board. Pursuant to the Amendment, all terms and conditions

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Lucky Times Liquors, LLC t/a Shulman Liquors License No: 60659 Page 2

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

Accordingly, it is this lith day of August 2010, ORDERED that:

I. The Amendment to Voluntary Agreement by and between Lucky Times Liquors, LLC, t/a Shulman Liquors, located at premises 1550 1st Street, S.W., Washington, D.C., and Advisory Neighborhood Commission 6D to the existing December 9, 2008 Agreement is APPROVED;

2. The above-referenced Amendment is INCORPORATED as part of the existing Agreement and this Order; and

3. Copies of this Order shall be sent to the Applicant and Advisory Neighborhood Commission 6D.

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Lucky Times Liquors, LLC t/a Shulman Liquors License No: 60659 Page 3

District of Columbia Alcoholic Beverage Control Board

Charles Brodsky, Chairperson

Mital M, Gandhi, Member

dLI/);d Nick Al efti Member ,-" --..---_.

/tlerman Jo~s" ember ( 0 I j .••

~~.!iJ,l;l. J"~o;~'-'e;:~­f(riL-::-c-C--:-, __

ike Silverstein, Member

Pursuant to 23 DCMR § 1719.1 (April 2004), any party adversely affected may tile a Motion tor Reconsideration of this decision within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 1250 U Street, N.W., Third Floor, Washington, DC 20009.

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* * * Advisory tleighbomood CoInllission 6D

Mr. Charles Brodsky, Chair Alcoholic Beverage Regulatory Administration 1250 U Street, N.W. Washington, D. C. 20009

11014· SIrea; 5\I\J, SuieW1:Il

W&!J i gb \ IX 2OJ24 Office: 202 554-1795 • F~: 20?554,1774 office@anc6d.org

August 5,2010

Re: Amendment to VA dated December 8, 2008 for Lucky Times Liquors, LLC tla Shulman Liquors, License No. 60659 to eliminate the requirement "to place all purchases of alcoholic beverages in clear plastic bags."

The ABC Committee, at its meeting on August 4, 2010, voted to eliminate this requirement, and to bring it in line with the ANC6D vote on September 14, 2009 which amended the ANC's previous blanket requirement. This requirement is found in paragraph 3 (Hours of Operation and Sales), the last sub-paragraph of the VA

The rationale for this change is that with the DC "bag bill" now in effect, many patrons are bringing in their own bags for re-use, rather than incur the $.05 fee. Further, it is becoming more and more expensive for the licensee to purchase the clear plastic bags (with the indicated statement).

Please contact Dr. Coralie Farlee, Chair, ABC Committee (cfarlee@mindspring.com or 554-4407); or Bert Randolph, Administrative Assistant, ANC6D if you have questions.

Sincerely,

Ron McBee, Chair ANC6D

cc: Martha Jenkins, AAG

~~ ~nda Hamilton Commissioner, ANC6D06

_ -ill co-owner Shulman iquors

j~iJL Inder Bector, co-owner Shulman Liquors

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Lucky Times Liquors, LLC tla Shulman Liquors

App lication for Single Sales Exception to a Retailer's Class A License

at premises 1550 1st Street, S.W. Washington, D.C. 20024

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

License No.: 60659 Order Number: 2010-042

Lucky Times Liquors, LLC, tla Shulman Liquors

Ron McBee, Chair, Advisory Neighborhood Commission (~1\fC) 6D

BEFORE: Charles Brodsky, Chairperson Mital M. Gandhi, Member Nick Alberti, Member Donald Brooks, Member Herman Jones, Member

ORDER ON APPLICATION FOR EXCEPTION TO SINGLE SALES .RESTRICTION AND AMENDMENT TO VOLUNTARY AGREEMENT

The official records of the Alcoholic Control Board (Board) reflect that Lucky Times Liquors, LLC, tla Shulman Liquors, Applicant for Exception to Single Sales Restriction, located at 1550 151 Street, S.W., Washington D.C., and Ron McBee, Chairperson, on behalf of Advisory Neighborhood Commission (ANC) 6D, (collectively, the Parties) have entered into an Amendment to the Voluntary Agreement (Agreement) dated March 1,2010, setting forth the terms and conditions that govern the operation of the Applicant's establishment and incorporating an agreement to waive the single sales restriction. The existing Voluntary Agreement among the Parties, December 9,2008, remains in effect except with respect to the instant Amendment.

The Applicant does not have any primary or secondary tier violations within 12 months preceding the date of the application and the ANC supports this request, as demonstrated in the Amendment to the Voluntary Agreement among the Parties to waive the single sales restriction for this establishment subject to the terms and conditions therein. For these reasons, the Board finds no significant adverse community impacts

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Lucky Times Liquors, LLC tfa Shulman Liquors License No.: 60659 Page Two

and grants the Application. The Agreement has been reduced to writiug and has been properly executed and filed with the Board. The Applicant, Chairperson Ron McBee, Commissioner Rhonda Hamilton, and Dr. Coralie Farlee arc signatories to the Agreement.

Accordingly, it is this 10th day of March 2010, ORDERED that:

I. The Application filed by Lucky Times Liquors, LLC, tfa Shulman Liquors for an Exception to the Single Sales Restriction at the location of 1550 I st Street, S.W., Washington, D.C., is GRANTED;

2. The Board's approval of this Application is perpetual and not limited to one year;

3. This above-referenced Amendment to Voluntary Agreement submitted by the Parties to govern the operations of the Applicant's establishment, in accord with the existing Voluntary Agreement among the Parties dated December 8, 2008, is APPROVED and INCORPORATED as part of this Order; and

4. Copies of this Order shall be sent to the Applicant and to ANC 6D.

District of Columbia Alcoholic Beverage Control Board

Charles Brodsky, Chairperson

ember "'-./

Pursuant to 23 DCMR § 1719.1 (April 2004), ally 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, 1250 U Street, N.W., 3rd Floor, Washington, D.C. 20009.

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* * * AdviooryNeulbolhood Commission 6D

PO i30<71156· 8aJItMestSiai:n. \I\Ia;ITg'm, DC 20024 Office: 202 554-1795 • FAX: 202 554-1774 office@anc6d .or~

Mr. Charles Brodsky, Chair Alcoholic Beverage Regulatory Administration 1250 U Street, N. w., Third Floor Washington, D. C. 20009

Dear Mr. Brodsky:

March 1, 2010

This letter concerns proposed Voluntary Agreement for Shulman's Liquors dated January ii, 2010, and the earlier VA with that Establishment dated 1219/08.

In accordance with ABC Board comments on 2/24/10 as conveyed to us by AAG Thea Davis, we provide the following decision by ANC6D.

1- We will withdraw the new VA dated 1/11/10; 2- We want to amend the earlier 1219108 VA as follows:

a- In paragraph 1, omit this sentence: "The licensee shall not sell beer, malt liquor or ale with a capacity of 70 ounces or less and half pints or less after one year from the effective date if the DC law unless this Voluntary Agreement providing the authorization to sell in renewed by the ANC. Applicant/licensee must reapply for continued exceptions."

b- In paragraph 8, omit this sentence: "This will include providing an appropriate number of security officers, at a/l times when the Establishment is open to the public, who shall be responsible for ensuring that."

c- In paragraph 8, immediately after the above: capitalize the letter "A" so that the remaining sentence reads: "Any individuals who are simply loitering are asked to move along."

If you have questions about these changes, please contact Dr. Coralie Farlee, Chair, ABC Committee, ANC6D at cfarlee@rnindspring.com or 2£2-554-4407.

Sincerely.

~kJ ~Jt;;s Rhonda Hamilton ANC Commissioner 6006

~~C-£ Ron McBee, Chair ANC6D06

cc: Mr. Arun Phull, Shulman's Liquors

~~~ Coralie Farlee, Chair ABC Committee, ANC6D

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Lucky Times Liquors, LLC tla Shulman Liquors

Holder of a Retailer's Class A License at premises 1550 1st Street, S.W. Washington, D.C. 20024

Arun Phull, on behalf of the Respondent

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

60659 2009-039

Roger Moffatt, Chair, on behalf of Advisory Neighborhood Commission, ANC 6D

BEFORE: Peter B. Feather, Chairperson Mital M. Gandhi, Member

..-' Nick Alberti, Member Charles Brodsky, Member Donald Brooks, Member Herman Jones, Member

ORDER ON VOLUNTARY AGREEMENT

The official records of the Alcoholic Control Board (Board) reflect that Lucky Times Liquors, LLC, tla Shulman Liquors, holder of a Retailer's Class A license located at 1550 1st Street, S.W., has applied for an exception to the statutory single sale moratorium. The Licensee and Roger Moffatt, Chairperson, on behalf of Advisory Neighborhood Commission CANC) 6D, (collectively, the Parties) have entered into a Voluntary Agreement (Agreement) dated December 9, 2008 setting forth the terms and conditions that will govern the operation of the Licensee's establishment.

The Agreement authorizes the Licensee to sell, give, offer, expose for sale or deliver beer, malt liquor or ale, with a capacity of 70 ounces or less, and to sell spirits, including half pints or less of spirits The Agreement has been reduced to writing and has been properly executed and filed with the Board. Both the Applicant and Commissioner Moffatt are signatories to the Agreement.

Lucky Times Liquors, LLC t1a Shulman Liquors License No. 60659 Page Two

Accordingly, the Board does hereby, this 11th day of February, 2009, APPROVE the Voluntary Agreement between Lucky Times Liquors, LLC, t/a Shulman Liquors located at premises 1550 1st Street. S.W., Washington, D.C, and ANC 6D. The Board's approval of this Voluntary Agreement is limited to one year from the date of this Order. Copies of this Order shall be sent to the Applicant and to ANC 6D.

District of Columbia Alcoholic Beverage Control Board

----:=---:--=:- -----Peter B. Feather, Chairperson

Milal M. Gandhi, Member

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 Norfh Capitol Street, N.E., Suite 7200, Washington, D.C. 20002.

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* * * AdvisoIy~ w, . '

PO Box711f6 • ~ CC 2m24B998 ANC Office: 202 554-1795. FAX: 202 554-1774 offlce@,anc6d,org

VOLUNTARY AGREEMENT ,

THIS VOUJNT ARY AGREEMENT ("Agreemenf') is made on this 9thday of December 2008 by and between Lucky TimesLiquors,LLC t/a Shulman Liquors ("Applicant"), and Advisory Neighborhood Commission6D ("Protestant'), (collectively, the "Parties"). This Voluntary Agreement updates and replaces the Voluntary Agreement between Shulman Liquors and A,1\[C6D dated 6 June 2008.

WITNESSETH

WHEREAS, Applicant has applied for an exception to the ban on the sale of single containers of beer, malt liquor or ale, ,and half pints or less of spirits for License Retail Class A for a business establishment ("Esta~ismnent") located at IS 50 I st Street, SW, Washington, D.C. ("Premises");

WHEREAS, the Parties have agreed to enter into this Agreement and request that the Alcobolic Beverage Control Board ("ABC Board") approve the Applicant's license application conditioned upon the Applicant's compliance with the tel1ns of this written Agreement; and

WHEREAS, the Parties are desir{)Us of ensuring the operation and maintenance of the establishment, pursuant to DC Official code § 25-446 in such a manner as 10 minimize the effect on (i) the peace, order and quiet of the neighborhood and (ii) pedestrian safety and vehicular traffic, and to eliminate the need for a Protest Hearing regarding the license application.

NOW, THEREFORE, in consideratioI1of the recitals set forth above and the mutual covenants and conditions set forth below, the Parties agree as follows:

1. Recitals Incorporated. The recitals set forth above are incorporated herein by reference.

1.~"~<lvatureof thelJusii£ess. The ApplicaIitwill manage and operat~anestablis1irne;ltwluch includes the sales of beer, malt liquor or ale, and including half pints or less of spirits, as well as food. Applicant is authorized to sell, give, offer, expose for sale or deliver beer, malt liquor or ale with a capacity of70 ounces or less, and to sell spirits, hlcluding half pints or less ofspirits .. Any change from this model shall be considered by both Parties to be a substantial change in operation of great concern to residents and requires prior approval by the ABC Board. The licensee shall not sell beer, malt liquor or ale with a capacity of 70 ounces or less and half pints of spirits or less after one year from the

1

,

effective date of the DC law unless this Voluntary Agreement providing the authorization to sell is renewed by the ANe. Applicant/licensee must reapply for continued exceptions.

3. Hours of Operation and Sales. The Applicant's hours of operation shall be as follows:

Sunday closed Monday through Thursday 9:00 a.m.to 9:00 p.m., Friday and Saturday 9:00 a.m. to 10:00 p.m.

Jhe Applicant's hams forsc)Jing and serving Z\lgClhols];,u1 9<;4S foIlQ;Ws:

Sunday closed Monday through TIlurSday 9:00 a.m.to 9:00 p.m., F11dayand Saturday 9:00 a.m. to 10;00 p.m

T1,e applicant wiD prohibit: school-aged minors £rom patronizing the establishment during all school hours, except when accompanied by an adult.

11,e applicant will prohibitthe sale of single cups of ice. The applicant will. place ali" purchases of alcoholic beverages in clear plastic

bags.

4. Floors Utilized and Occupancy. The Applicant will operate its establishment on the flIst floor of the building. "ii,

5. ParkinglValet Arrangements. It is a principal concern of the Protestants that the Applicant's operation of the Establishment does not create or exacerbate residential parking problems and shall make such an'angements as are necessary to assure that the clientele of the establishment sball park upon the establishment's privat-e parking lot While conducting business with the establishment.

6. Noise and Privacy. Applicant will strictly comply with D.C. Official Code § 25-725 and to that end shall make architectural improvements to the property and take all necessary actions to ensure that noise and vibration D:om the Establishment are not audible within the adjacent residential properties. Applicant agrees to not interfere with the peace, order, and quiet of the conrrnunity by making efforts, including but not limited to posting signs to prohibit such elements as: loud noise and rowdiness of patrons on or near the establishment, loitering on 'or near the establishment; revving of engines by clientele on or near the establishment.

7. Public Space and TrflSh. Applicant shall keep the sidewalk (up to and including the curb), tree bqx(es), curb, and alleyc)ean 1'lild free oflitter,.bottles, .. aJ~d other debris in compliance· WithD.C. Code and MUilidpaI Regu~tions; AppiicantshaJipoli~e these ". areas sufficiently to assure that refuse and other materials are promptly removed. The Applicant agrees to obtain a dumpster to be placed in the vicinity of the building.

shall ensure that the area around the is kept clean at all times and

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free of trash and debris and the dumpster is placed such that it does not encroach on the abutting property O"Wllcrs and so that no garbage is placed on the abutting property. Applicant will keep the establishment clean and well lit and will keep the adjacent property and within 200 feet thereof, free oflitter related to the establishment; and will take such actions as are necessary to prohibit criminal activity on or near the establishment. Applicant will make reasonable efforts to prohibit public urination and defecation by its clientele within 200 feet of the establishment. Applicantshall convey to customers that it is illegal to carry or drink from open containers of beer or liquor in open public space.

1be. applicant:vill keep .. the adjacent laundry area clean, painted, well lit, and maintained by an attendant dlIlmg all boms of operation.' .' . . . The applicant will keep the adjacent restamant clean, painted, and well lit during all bours of operation.

8. Rats and Vennin Control. TIle Applicant shall provide rat an.d vennin control for its property. Applicant shall provide proof of its rat and venIDn control contract upon the request of the Protestants. Applicant shall have the Establishment and the area around the Premises properly cleaned at the end of each night to ensure that there are not garbage and odors present the following moming.

9. Security Cooperation in Stemming Illegal Drugs and Public Drinking. Applicant will monitor for and prohibit sales or use of illegal drugs within or about the Premises, maintaining contact and cooperating with MPD and other enforcement officials when known or suspected drug activities occur, Applicant shall to the full extent pennissible by law discourage loitering in the vicinity of the Premises. This will include providing an appropriate number of security ofiicers, at all times when the Establishment is open to t11e public, who shan be responsible for ensuring that any individuals who are simply loitering are asked to move along.

10. License Ownership and Compliance with ABRA Regulations. Applicant promises to Protestants that it shall abide by all Alcoholic Beverage Regulations Athninistration (ABRA) regulati.ons regarding the ownership of the license and all other provisions applicable to liquor licensees, and agrees that Protestants shall have standing to ask the ABC Board to enforce arlY violations of the agreement. Applicant also specifically agrees

. to be the sole Qvvncr of the ABClieense.

"', h '",L""E'fffiiticipation ill' the.community" Applicant't@;tees·toseek,torri!aintain open communication with the Protestants, and the community for which the AN C acts. To this end, Applicant shall from tim.c to tiiue be represented at ANC 6D public meetings, which currently occur on the second Monday of each month at 7:00 p.m. at St. Augustine's EpiscopalChurch, 6m & M Streets, S. W., Washington, D.s:. 20024 (there is no meeting in

AUgUs~ . and the October meeting is on th,e third MC)llday). Applicant, upon noti.ae from the ANC shall send a representative of th.e Establishment to a meetllig(s) to wnfer and de,,} in good faith with issues raised under this Agreement. Applicant will keep a written iog of all requests for service from the MPD, and, if requested, will provide this list to the ANC or a

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representative. Applica.nt will advertise employment opportunities to eligible persons withm the immediate community, where such employment opportunities exist.

12. Notice and Opportunity to Cure. In the event that any of the parties is in breach of this Agreement, it shaH be entitled to reasonable notice and opportnnity to cure, as a condition precedent to seeking enforcement of the Agreement Unless the breach is of an emergencynatqre or is a repetition of a prior breach, reasonable notice and opportunity shall provide for a cure within 30 days of the date of such notice. If Applicant or the licensee fails to cure within the 30-day period (or, with respect to a breach which reasonably requires more than 30-days to cure, fails to commence cure of suoh breach and diligentlyPUf~l.\~s slIch cllre )failure shall constitute a cause for seeking a Show Cause Order from the ABC Board pursuant to D.C. Official Code § 25-447. Unless otherwise noted above, any notices required to be made under this Agreement shall be in writing and mailed via certified mail, return receipt requested, postage prepaid, or hand­delivered, to the other parties to tlus Agreement at the following addresses. Notice shall be deemed given as of the time of receipt or refusal of receipt:

If to Applicant: .

lfto Pl'otestants:

Name of Establishment Shubnan's Liquors Address 15501" Street, S. W. Washington, DC, 2fJ024 Attn: Alun Phull or Inder Bector (202) 488-7660 Fax (202) 488-7661

Advisory Neighborhood Commission 6D Address P. O. Box 71156 Washington, DC 20024 Attn: Chair (202) 554-1795 Fax (202) 554-1774

Failure to give notice shall not constitute waiver or acqUiescence to the violation, but notic:.e shall be a prereqUisite to the filing of a complaint with the ABC Board or any other enforcement action.

'V(/hen this agreement has been signed by all parties and filed and accepted by the Alcohol and Beverage Regulatory Administration, it will be attached as a condition to ti,e applicant's

.......... \icense.£or .. semceof,ucqhohc.beveragcs.olJ.tl1:e.pr@ses, ... '.'" ."... ..".

PROTESTANTS:

~6Z .. ' C Co~ittee, r 6D

~+O~ Coralie Farlee

4

Commissioner for AL'JC6D06 .

~\~~ Rhonda Hamilton

ANC6D By: E.o.ger ffatt, Chair

~~~~ Sign t .e

APPLICANT:

Lucky Times Liquors, LLC trading as Shulman Liquors Establishm :8 Name ;h ) ~~:""""'~"""'_~_. ,.. ~_,!l_i{ ;'1 ___ ~

uIl, Co-owner Inder Bector, Co-owner

')"'.

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