THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Cleveland Q, LLC t/a Cantina Marina

Application for Renewal of a Retailer's Class CR License

at premises 600 Water Street, S.W. Washington, D.C. 20024

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

Cleveland Q, LLC, t/a Cantina Marina (Applicant)

Case No. License No. Order No.

13-PR0-00013 ABRA-060628 2013-419

Andy Litsky, Chairperson, Advisory Neighborhood Commission (ANC) 6D

Colleen Rooney, on behalf of Tiber Island Cooperative Homes (TICH)

Karen J. Krueger, on behalf of A Group of Five or More Individuals

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

ORDER ON SETTLEMENT AGREEMENT AND WITHDRAWAL OF PROTEST OF ANC 6D AND DISMISSAL OF PROTEST OF

A GROUP OF FIVE OR MORE INDIVIDUALS

The Application filed by Cleveland Q, LLC, t/a Cantina Marina, for renewal of its Retailer's Class CR License, having been protested, came before the Alcoholic Beverage Control Board (Board) for a Roll Call Hearing on May 20, 2013 , in accordance with D.C. Official Code§ 25-601 (2001).

The Applicant, ANC 6D, and TICH have entered into a Settlement Agreement (Agreement), dated May 29, 2013, setting forth the terms and conditions that govern the

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Cleveland Q, LLC t/a Cantina Marina Case No.B-PR0-00013 License No. ABRA-060628 Page2

operation of the Applicant's establishment.

The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Applicant; Chairperson Andy Litsky, on behalf of the ANC 6D; and Colleen Rooney, on behalf ofTICH, are signatories to the Agreement.

This Agreement constitutes a withdrawal of the Protest filed by ANC 6D of this Application.

The Protest of the Group of Five or More Individuals is dismissed pursuant to D.C. Official Code§ 25-609(b).

Accordingly, it is this 2nd day of October, 2013, ORDERED that:

1. The Application filed by Cleveland Q, LLC, t/a Cantina Marina, for renewal of its Retailer's Class CR License, located at 600 Water Street, S.W., Washington, D.C., is GRANTED;

2. The Protest of ANC 6D in this matter is hereby WITHDRAWN;

3. The Protest of the Group of Five or More Individuals in this matter is hereby DISMISSED;

4. The above-referenced Settlement Agreement submitted by the parties to govern the operations of the Applicant's establishment is APPROVED and INCORPORATED as part of this Order, except for the following modifications:

Section 3 (Public Safety and Security)- The following language shall be removed: " ... and the Licensee will inform the ANC in writing and bye­mail within a 72 hour period of any such calls."

Section 5 (Community Relations) - The following language shall be removed: "The principal of the Licensee will maintain a close working relationship with ANC 6D, the PSA, and the Southwest Neighborhood Assembly by attending at least one of the above mentioned monthly meetings on a regular basis."

Section 5 - The following sentence shall be modified to read as follows: "the Principal of Licensee shall endeavor to personally communicate with

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Cleveland Q, LLC t/a Cantina Marina Case No.B-PR0-00013 License No. ABRA-060628 Page3

leaders of those entities on an ongoing basis, including, at a minimum, the Commissioner for NAC 6D-04, the Chairperson of the ANC committee (or committees) with jurisdiction over ABC and/or public safety matters, and the Chairperson of ANC 6D."

Section 9 - The following language shall be removed: "In the case of ANC 60, if Licensee desires to modify the terms of this agreement, prior to implementing the changes, Licensee shall receive written agreement from ANC 60."

Section 11 - The following sentence shall be modified to read as follows: "The parties further agree that the failure of the Licensee to adhere to any of the foregoing commitments shall constitute grounds for any party to file a complaint with the ABC Board for an investigation of the matter pursuant to D.C. Official Code§ 25-446(e) and 23 DCMR § 1900.1."

The parties have agreed to these modifications.

5. This Settlement Agreement supersedes all previous Voluntary Agreements attached to this license; and

6. Copies of this Order shall be sent to the Applicant; ANC 6D; Colleen Rooney, on behalf of TICH; and Karen J. Krueger, on behalf of the Group of Five or More Individuals.

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Cleveland Q, LLC t/a Cantina Marina Case No.l3-PR0-00013 License No. ABRA-060628 Page 4

District of Columbia Alcoholic Beverage Control Board

Pursuant to D.C. Official Code § 25-433, any Party adversely affected by this Order may file a Motion for Reconsideration within ten (1 0) 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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SETTLEMENT AGREEMENT

AGREEMENT m~1de \his 29'' day of May 2013. by and between Cleveland Q LLC dba Canllna Marina (the Licensee) and MdVrSOI)' Neighborhood Comrniss1on 60 (the; ANC), and Tiber Island Cooperative Homes

WHEREAS the ANC has protested tl1e renewal c:~ppl!cation of 1he licensee to the Dlstrict of Columbia Alcoholic Beverage Control

Boarct· and

WHEREAS the pr en uses i~ within the bounoario;;:, of the ANC, and

WHEREAS. the parl1es des1re w enter into an agreement commemorating certatn l!nderstandings regardtng trte licensee s operating plans

NOW. THEREFORE tn accordance of the orormses set forth below the parties agree as folfovJS

UTTER AND CLEANLINESS - The Licensee wrll t<Jk.e all reasonable measures to ensure that that the tmmediat ~:: envtrons of thE' premises are kept free of litter and debns "Immediate em-irons" rs defined by ABC Regulations as Including "all propert~ on whrch tho premises are located all property used by the licensee to conduct rls business whether part of thf' premrses or not rnc!udmg stdewalks or other public property tmmediatcly adjacent to I he premises or adjacent to the prof)erty used by ttle licensee to conduct its business."

2 NOISE - ! he Lrcensee acknowledges familianty with and wtll comply with all n01se control provisions of Distnct of Columbia lAW and regulations, rnctuding:

Ptevenhng emrssrons of sound capable or berng 11eard outside the premises. by any musical instrument or amphhcat1on device or other device 0 r source of sound or noise rn accordance wrth the DC Notse Control Ad of 1977 (Public Law 2-53) as arnr:mded The Licen!'ec- agrees to abide by all Aiwhot BevP.rage Control regulatrons as amended

i...icensee \"111l0nsure ~~~at any sound and music produced by the establishment 1s not disrupt1ve wrthm adjacent or nearby premises. be !hey c.ommcrcral or residential, w.thrn 500 feet or suct1 ptemrses and does not interteie Wiltl ttle re<'!sonable enjoyment of outdoor areas such a c.; decks. palios. of those prem1ses

Lrcensee shall make all efForts to discourage patrons from loitering in and around the premises dunng and after dose ot

business

3 PUBLIC SAFETY AND SECURITY - Ttle Lrcensee shall keep a wrirten log of all calls for seMce when the cstabllsll!Tient apprr)ptiately asks fot assi~lance from MPD and ltte Lrcensee wlll inform the ANC in wnting and by e-mail wrthm a 72 nuw penod of any such calls

4 USE OF OUTSIDE SPACE- ··outs:de Dinrng· refers to the bar and patroon lim side ofthe building, which is part of tne

lease PI emses

Ret.o()nlllng th<~l typrcal large scale busy res1aurant no1se levels are 60-65dB(A). and tn acknowledgement tt1at the community c!estres to pwrnote outside dirung and the use of patios. the Licensee agrees to promote ~ace. qu;et ar.d order in Outside Dinrng and Pallo operations at all limes. Licensee agrees to monitor noise levels dunng the opemtroli nf outside areas and to make nny occupancy l.1r operation changes necessary to ensure noise generated by outside occupants does no\ vrolate §25-725 of the DCMR at any time dunng the hours of operation. Norse levels shall not exceed 80d8(A) wi1cn live or recorded music Q.e DJ/Karaoke) is being played. The deabellevel measuring stte shall be the sea wall. !11 tront of ttre Lubo;tem an statue adjacent to the Tiber Island Cooperative Homes.

a. Hours of operatiOn for music m outside areas shalf be as follows.

Oulslde LIVe and Recorded Mus;c Sunday t11rough Thursday

1 Oarn - 1 O:OOpm Fn~_gnd Saturday

lOam - 1 1 ·ooprn*

·L ,ve ano Recorded Musrc allowed until12.00am for speaal events (e.g., weddings. ptivate parties. etc.). not to exceed 6 per year. Notice of ev&nt must be given to the ANC 6004 Commrssioner and the ANC 60 Commtssion 0ftice and Tiber Island Cooperat1vf! Homes w1tl1m one week of event

b. Sound dampening· The Licensee 5hai! make every effort to dampen the no1se levels tn outside dining areas. This inCludes the use of sailcloth 01 other material that. effectively reduces the sound levels of !ive or recorded music from nearby residential areas

5. COMMUNITY RElATIONS ··The Princ.Jpal of ttle Ucensee will maintain a close working relationship with ANC 60 the PSA , and the Southwest Neigl1bort10od Assernb!y by attending at least one of the above mentioned monthly maetlngs on a regular basis

The Pnncipar of Licensee v-Ji!i person<JIIy communicate with leaders of tt10se entities on an ongomg basis, including. at a minimum. the Cornmi<>Sioner for ANC60-04, the Chairperson o f the ANC commrttee (or committees) with jurisdiction over ABC and/or public safety matters, <'!nd the Chairperson of ANC 60

The Licensee is encouraged to participate rn Washrnglon Waterfront Assocralion in an effort to enlist wider businPss support for cleaner streets and sidewalks, responsible alcohol service, law enforcement activtties, and support of SW social events.

The L1cerrsee c.yrees to Implement the followmq f-lOitC'Jes in order to establish a relallonsllip wrth the commwuty lo promote peace, order a<id quiet.

a All managers and staff will receive training to ensure that local residents t1ave tmrnediate access to a manager on duty to report problems or iodge complaints A telephone number that wt!l be manned at al! limes by on duty management personnel shall be made available to the community so tllat such notifications can be made

b. The Licensee will keep a written log of ali community complaints and provide copies to the ANC upon request

c The Licensee will post its license induding this Setilement Agreement its certificate of occupancy, and all other Distrie1 of Columbia Government busine~s permits in an accessible and conspicuous place and will cooperate wiih any request for examination of these documents by a member of the MPD. Alcoholic Beverage Regulation Administrntion staff and ANC6D as required by law.

6. ALCOHOL SAFETY · The ucensee agrees to refuse service to any person w11o is intoxicated or is in danger of becommg intoxicated.

Tile Licensee will assure that ail alcoholic beverage sates staff will have an opportun1ty for appropriate training in t11e sale and handlrng of alcoholic heverages The Licensee wrU also assure that the ABC Board-approv13d manager has receiwd train:ng of 111e type offered by TIPS. or ot!1er comparable ABC Board approved alcohol awareness and safety training

Sign age encoumging safe c1rinklng and driv1ng will be VISibly posted in areas of seNice and exit for 1t1e lounge and spo11s bm a1 eas ot ltle establishment.

7. The hours of operatrons shfill not exceed tt1e approved hours of alcohol saies. servic:e and consumptton.

8 The Licensee w;ll notrfy ANC-60 in writing and by e-mail of any significant change in tho manner of operations at least 30 days in aclvance of any such application to any Board. Commission or regulatory autholity of ihe Di<rtrict of Columbi<~ Government

9 Th1s agreemenl can be modified only by the ABC Boam, or by mutual agreement of all the parties wtth the approval of the ABC Board. In the CBse of ANC 60, if Licensee desires to modify tile terms of this agreement, prior to irnplemenling tile changes Licensee shall receive wrilten agreement from ANC 6D.

10 This Agreemf'nl will be attar.hecl as a condition to the Licensee's license for servict: of alcoholic beverages al the prem1ses. and will be filed w1t!11he Alcoholic Beverage Regulation Administration

11. The parties further agree that the failure of the Licensee to adhere to any of tt1e foregoing comrni!.menrs st1al! constituie gro;mds fort he A!\JC to p0.ti1ron the ABC Board tor issurmce of an order to shO'I'/ cause pursuant to 23 DCMR 1513.5

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aftertl1e Licensee he~s been notified l)y the t-.NC of any breach or cornmttmenl and is given 7 days to attempt,each a

mutually satlsl ilctory te:;olu1ion

12. Protestant agrP.es to the tssuanr.e of Ute 1enewal and withdraws its protes1 provided that the present Settlement Ag10ement is incm po'·ate·:1 into the Board's ordet renewing the license. which order is hereby conditioned upon compliance with such Settlement Agreement.

·t3. Th:s Se1tfernent . .:.greement supersedes all pnor Voluntary and Settlement Agreements, to include the agreement wrth Tiber lslnnd coopcr~tive Homos and the Gangplank restaurant.

IN WITNESS WHEREOF. the parttes have affixed hereto their signatures on the year and day first ahove wn1ten

L_

Tlte LICENSEE Cleveland Q LLC dba Cantina Manna

-· ; The ANC. ------ -·---­

: Advisory Neighborhood Commission eO

By_~~-Nick Fontana --)--~ Manager LLC

---·--·-------

I • ,../

! 8y_~~ 0/13 Andy Utsky Cha1rperson. ANC 60

-· --------T Tiber Island Cooperative Homes i I

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