Mount Pleasant DC Forum

[jack]

In part:

Resolved, ANC 1D seeks reconsideration of the decision by the DC Alcoholic Beverage Control Board to deny the application of NHV Corporation, Inc. (t/a Haydee’s Restaurant) for a Class CN License.

Once again, as it did in the Don Juan's case – in which the DC Court of Appeals remanded the case to the ABC Board because it had failed to follow the ANC law, 09AA-2930,31 – ANC1D advises the ABC Board to follow settled law, and address with the deference (see Kopff) required by law, all the relevant ANC resolutions and points.

(This is not complaining about the decision itself, but about the inadequate treatment given the ANC resolution on the matter.)

-- Jack

[sam_broeksmit]

I am glad to see that this is more an issue of Format (asking the ABC Board to match their conclusions to the specific points of the ANC resolution) rather than of the substance of the actual decision that nightclubs are not appropriate for Mt Pleasant.

In rereading the ANC Resolution in support of the nightclub and comparing to the Board order it is clear to me that the Board did address all the issues the ANC raised.

The ANC raised the following:
1. Haydee's is a good operator - All agreed that point and it was stipulated to be so.
2. Haydee's current clientele behaves well. This was also stipulated and agreed. Regarding the patrons, the petitions filed by Haydee's indicated that many customers come from outside the neighborhood and Haydee said that 30% come from outside the neighborhood.
3. Haydee's is a well managed business, again this was agreed to.
4. Haydee's is locally owned and should be encouraged. The Board recognized this and stated that the business objectives could be met in a tavern license


The ANC did not include in their resolution any reference or statement that proves that a night club is appropriate for Mt Pleasant. Neither did Haydee's in their application or in the protest hearing. The law clearly says that the burden of proof of appropriateness lies with the applicant.

It seems to me that the ABC Board could clear this up (if they choose to) by issuing an addendum to their order that more explicitly discusses the four points above.

Sam Broeksmit

[jack]

The ABC Board agrees to reconsider the resolution, as requested by the ANC, giving the resolution the "great weight" required by the DC Code.