Mount Pleasant DC Forum

[John B.]

I posted a couple of these questions in another discussion, but while the debate over live music & VA's rages over there, I'd like to address these questions about VA's directly to the MPNA:

1. What is the exact wording of the live music/entertainment VA's?

2. What is the stated purpose of these VA's?

3. What would the MPNA do if an existing business said they wanted to terminate their VA?

4. What would the MPNA do if a new business refused to enter into a VA?

[Laurie]

1. What is the exact wording of the live music/entertainment VA's?

It is understood and agreed that Licensee will not permit any live music, dancing, nor charges for admission to the establishment.

2. What is the stated purpose of these VA's?

The VA is a result of what the parties discussed and mutually agreed upon regarding the concerns of the neighborhood. I say that very strongly MUTUALLY AGREED UPON. None of the applications the licensees filled out ever requested live music, dancing, nor charges for admission. They didn't want it nor did they apply for it.

3. What would the MPNA do if an existing business said they wanted to terminate their VA?

The business has a right to ask for termination and that provision is covered in the new law.

(2) The Board may accept an application to amend or terminate a voluntary agreement by fewer than all parties in the following circumstances:

(A) During the license’s renewal period; and
(B) After 4 years from the date of the Board’s decision initially approving the voluntary agreement.

However, the licensee must fullfill the following 3 requirements:

(A) The applicant seeking the amendment has made a diligent effort to locate all other parties to the voluntary agreement; or

(B) The need for an amendment is either caused by circumstances beyond the control of the applicant or is due to a change in the neighborhood where the applicant’s establishment is located; and

(C) The amendment or termination will not have an adverse impact on the neighborhood where the establishment is located as determined under § 25-313 or § 25-314, if applicable.


4. What would the MPNA do if a new business refused to enter into a VA?

I can't actually answer this question because this would be something that would have to be discussed with the board and we would have to know the circumstances involved.


Laurie

[John B.]

Laurie, thank you very much for the prompt reply. However, I think you misunderstood question #2. My question is why the MPNA has pursued these VA's with businesses, and what the MPNA hopes to accomplish by them. Just what are the "concerns of the neighborhood", and how is the VA expected to address them?

In quoting the law you avoided answering my third question entirely. Would the MPNA allow a business to terminate a VA; would it offer to negotiate a new VA with different terms; or would it oppose the business terminating the VA entirely?

[Laurie]

I, personally, would not support terminating the VAs entirely. There is a lot of good that they do as it pertains to peace order and quiet. MPNA has renegotiated agreements with different terms before so that answer is yes. Again, it's not up to MPNA to oppose the business terminating the VA entirely -- the VA is attached to their license, therefore, that decision would be up to the ABC board.

Why the MPNA has pursued these VA's with businesses: Short answer: it is the only mechanism.

The main thrust of our negotiations is for the business to be run cleanly, quietly, and with respect for our community. Patrons may not realize the impact the bar has on neighbors who reside close to it. They are simply the result of the proximity between the business and the residents. This could amount to all sorts of things and each one isn't always the same. Trash, parking, noise, hours of operation, things like that. What we both hoped to accomplish is something that we both could live with and that we both mutiually agreed up. MPNA pursued the VA's because when we protested the licenses, we were instructed by the ABC Board to go work it out.

Just what are the "concerns of the neighborhood", and how is the VA expected to address them?

Again, this really can be different from one establishment to the other and sometimes has to do with the proximity of the establishment to the residential homes. Parking is an example. The more cars that come into Mt. Pleasant's commercial area, the deeper into the hood you have to go to park. People walking to their cars on 17th Street is normal at 3am, but people walking to their cars down Kenyon, Kilbourne, Lamont to 18th or 19th Street talking loudly at 3am isn't so usual.

An example of a VA item would be that the establishment would be required to offer parking. That's something you can put into a VA which is enforceable.

Before Don Juan's opened, the location was a small variety/hardware store (with very little trash). Although neighbors were aware of some of the the potential hazards (and benefits) of living near Mt. Pleasant Street, they did not foresee that some six or eight years later they would be woken up in the middle of the night by loud music, crashing bottles and loud drunks, who urinate on the sidewalk across the street from their houses and the bar staying open until 5-6am., trash trucks twice a day, 6 days a week....

Don Juan's originally opened as a restaurant. The ABC license application process was open for public input, and the community did not protest the license based on Don Juan's representation that the place was to be operated as a restaurant. Don Juan's first review was delayed for awhile--I believe 4 years, during which time they have run their "restaurant" outside the bounds of their license. It was Don Juan's conduct outside the bounds of the license for which they applied that provided the basis for the protest. The community allowed Don Juan's to open here in the first place.

In Don Juan's case, we didn't even have to argue live entertainment. It was trash, recycling and bottles that were the main concern of negotiations.

I've said this before: All VAs were negotiated at arms length and in good faith--we used lawyers who came up with these agreements. I ask that you look at the original applications of all the licensees--they filled them out long before MPNA was in the picture--no one wanted live entertainment, dancing, etc.

Maybe you should go yell at them and their expensive lawyers.