VOLUNTARY

AGREEMENT

THIS

VOLUNTARY

AGREEMENT,

~/t~r,
Cardinal's Castellucci, Forsman,

2006,
Nest

made and entered into this by and between Brookland Restaurant,
(hereinafter Delhaye, Hafez, the Dino 'Applicant'), Drudi, Hicks, Monica Susanne Lois U.

~

day of LLC, trading
Anne Katherine Rebecca

as

Ball, Horn,

Marie

Greg Magdah

Fitzgerald,

Josephus

Jacquart, Timothy Janning, Mary Kenel, Shu Lan Ma, Filippo Marcantonio, Robin Minter, Shannon Minter, Katie Paul, David Powell, Kathleen Powell, Serensits, Spencer, collectively 'Parties', RECITALS WHEREAS, Applicant with the District the known located at (hereinafter premises Nest, has of 'Board') 3748 filed for an application Alcoholic a class Restaurant, 'CT' (Case Beverage License trading LLC, No. Control No. D.C.; cafe, coffee along shop, with 61128-06/113P) Board 75391 for the Ermine Primus, Angelo Saladini, Zeller, Joseph Serensits, Skeffington, (hereinafter the Lois Denise Melissa Dan Vera, referred Sharer, Katherine to Norman as the Sheehan, 'Protestant'), Joseph

and Ron Edmundson hereinafter

Columbia

as Brookland

as Cardinal's

10th Street, to

NE, Washington, an internet lunch, beverages. opposing policy desire of

WHEREAS, Applicant restaurant, espresso lounge, coffee

intends serving drinks, has

operate

breakfast,

and dinner

and alcoholic filed of to the the settle Parties a protest Board's their

WHEREASProtestant
WHEREAS, in a protested voluntary voluntary recognition proceeding agreements, agreement; Applicant its

the

applicatior parties a to

encouraging by to reaching into enter

differences

hereto

WHEREAS, the the Protestant's of condition

has

agreed and to and to into issued

to

adopt

certain this

measures

to

address

concerns application, has the

include

agreement

as a formal

WHEREAS, Protestant the granting and of of is that the incorporated license, conditions

agreed

withdraw that Board's this the of to

its this

protest Voluntary order

and issuing

consent Agreement the are

to is

license, provisions

provided

incorporated the license

Voluntary

Agreement

Applicant,

NOW, THEREFORE, mutual agree covenants as follows:

in

consideration conditions

of

the

recitals set

set forth,

forth the

above, parties

the

and

hereinafter

1. herein

Recitals Incorporated. by reference.

The recitals

above

are

incorporated

Hours
2.1 choosing, but
Sunday Friday

Opening no earlier

time may commence at the hour of the Applicant's than 6:00 am. Closing time shall not exceed: 2:00 3:00 be announced am am no later than one half hour

through Thursday, and Saturday,

before

2.2 Last Call scheduled closing.
2.3 Closing hours from six peace, the order, unable the the closing OUtside first Board hearing. hours months, agreement are from a protest subject first day

will

hours to

set

forth is

in sold that

Section on the the shall hours. closing on the which

2.1

shall

be deemed until If, in six after faith 8

provisional months those with to parties months hold

adjustment contend the the

as provided closing

herein, premises. hours the

alcohol

Protestants and quiet, concerning to agree day for

interfere good the before party shall

parties closing is sold in effect at

negotiate In hours premises, the

reach

event on or either Board

on replacement alcohol a hearing,

may petition Applicant's

event, hearing

The sole negatively

issue

the

shall

be whether

peace,

order,

and quiet.

3.
hours,

Seatinq

3.1
if 3.2 or images of area. shall or any, contained There any kind inside the

Applicant
in any

shall
applicable

comply with
permits devices near) of in area. such the sound

the restrictions
or documents. create or

on

shall used or the outside

be no mechanical on (or other seating outside source any

that outside or

sound image sound

seating cast

No loudspeaker be placed into

noise

establishment

a way as to

an image

4. with

Boi... Applicant acknowledges familiarity with and shal noise-control provisions of District of Columbia law and including:

comply

regulations,

2

4.1 musical sound or Law 2-53), Beverage Title 25 of 4.2 above, all the doors during are in times noise,

Applicant or that

shall amplification

not the

permit device DC Noise

any or

emissions other to abide Act

of of by

sound or 1977

by any of (Public

instrument

device all in

source Alcoholic

violates Administration including to

Control

as amended. Regulation the If DC Code

The Applicant

agrees laws and (25-725).

regulations,

particular

necessary and windows business is act being of

comply the

with premises

the is the for

requirements be kept played, or to being

of or

4.1 at a sound when from

of

shall

closed

hours using

when music employed the door in

amplification persons the premises. 4.3 residential Applicant currently in

device the

premises, ingress

except

egress

Noise housing agrees place. There to

from areas. install

inside If

shall noise is

not

be audible to measures

in greater

surrounding than those

deemed

be a nuisance,

soundproofing

4.4
4.5
as security outside role that of is of

shall

be no designated

dance

area staff

in

the

Premises. working

Doorman/woman or other
(except in the for case of establishment patrons to 15 minutes

designated after them

person shall with in the

inclement

weather) closing to depart

remain express a manner

quieting respectful

and encouraging surrounding residents.

5.

Trash/Garbage/Rodents/Recycling 5.1 Applicant a copy shall that see materials will clean. fully APplicant for shall of the trash shall arrange contract, within deposit see that when trash eliminate for regular upon tightly trash or the and trash request. closed area garbage covers is to collection Garbage containers, only fit being in properly added or and and and

provide recycling Applicant remains and food

Protestant

be kept the shall

and dumpster

and pavement

Applicant dumpsters closed shall vermin to and

rodent-proof remain sources removed.

dumpster garbage

except help

make every

reasonable rat

effort

eliminate

population.

5.2 Applicant agrees to ensure that all litter within th immediate vicinity of the establishment is picked up by the morning after operations. 5.3 outside Applicant agrees recycling containers not dispose of the glass recycling in between the hours of midnight and 8:00

the

3

am except the

in

baqs

and

in

a manner

that

will

not

disturb

residents

in

neighborhood. 5.4 Applicant oils in from the the trash request, shall provide for and of the shall the proper not agrees contract to to removal deposit provide remove of grease the grease grease or

and fatty from

fatty oils the

establishment dumpsters. with a copy

Applicant

Protestant,

upon

establishment. Exterior 6.1 Includinq Applicant and the outward DC laws reasonable of noise and at hours from and the ice effort or closing, Public shall space curb from to in Space. assist front the in of the the to maintenance establishment keep and disperse of patrons the them comply free with Applicant loitering premises to leave or of the to of all shall any at during quietly at least trash

6.
alleyway 18 inches and to applicable

behind remove

as needed sidewalk in prevent in to and these or cause

snow and

regulations disturbance

respects.

make every other business closinq. 6.2 provide area the street for directly Applicant source

front

Applicant its in patrons, front of shall from

agrees the

use

commercially spaces and located in

reasonable the In of

efforts center offthe addition,

to

as many parking establishment to identify sources

shopping

as possible. secure just south

endeavor commercial

additional

parking

establishment.

6.3 Applicant shall post visible signage at the establishment's entrance directing patrons to refrain from parking Perry Place, NE (a one-block long cul-de-sac adjacent to the

on

establishment) .
6.4 security side of the cameras interior "live" use in alleys). Applicant in of for the The cameras anyone's shall alleys are to to install adjacent private and maintain to the so as not All inside for of at in to working capture will 60 days order (back and be for footage

establishment activity the least

be placed residence. view from maintained

streamed potential

manage~ent

establishment,

recorded police

and a copy investigations.

of the

6.5 adjacent

Applicant alleys.

agrees

not

to support

closing

either

or both

4

6.6 alley stating its proximity
6.7 fliers, specifically public space. 6.8 Lease, adjacent operation. 7. under to third License the terms parties the Applicant to handbills

Applicant shall ~ost at least one visible sign in the that the establishment is in a "Drug Free Zone" due to to Brookland School and Turkey Thicket Recreation Center
Applicant or other on lampposts, agrees similar street not to place or or any cause in vehicle the to be placed public parked in the any

advertisement signs

space,

Subject agrees the

to to

Landlord's provide between

consent ample dusk

as required lighting and dawn during

by Applicant's in the alley of hours

outdoor

establishment

Teraa. of for its

Applicant license events where

agrees and shall the

to

operate rent

the out is

establishment the not establishment present and

not

owner/manager

managing

business. Drinking

8

Underage

8.1 university ~

Applicant will not sponsor students which promote alcohol

events aimed at underage consumption.

Consideration 9.1 Applicant of neighboring and noise to employees shall encourage at leaving employees all the during times. hours of and patrons Applicant to operation. to shall keep be

considerate encourage conversations

residents a minimum

and patrons

establishment

9.2 Applicant shall not use the term materials advertising or marketing the business.
9.3 prior to closing: residents leaving. Applicant Police space to to with inside disturb establish MPD. the are 9.4 Metropolitan and work manner faith not effort Many nearby when you Applicant "We ask are agrees you to sleeping, safely." to make available (hereinafter when also to make the so please

~tavern"

in

any

following when do not

announcement leaving wake tonight. our neighbors

be courteous

Drive

agrees

to is

Washington, 'MPD') available to in

DC a

Department patrons.

officers Applicant

a telephone

establishment and maintain

space

agrees

make a good

an ongoing

constructive

relationship

5

9.5 premise occasions that these for

Applicant basis. which

does

not will

anticipate may, however, be charged. exception

charging

for

entry events

to or

the

on a regular occasions

There be the

be special The applicant not the rule.

admission will

agrees

and

10. MOdification. Board, or by mutual the ABC Board. 11. operate Regulation.. in compliance
Staffing-

This Agreement can be modified agree~ent of all the Parties with

only by the ABC the approval of

In addition to the with all applicable

foreqoinq, Applicant laws and requlations.

shall

12

12.1
years of age.

Applicant

will

employ

door

personnel

who are

at

.east

21

12.2 Applicant bartenders to successfully and education certification work.

shall require all full time w.ait staff and complete a Board approved alcohol training program within sixty (60) days of beginning

hire

12.3 Applicant agrees to actively recruit staff among those who live within 1 1/2 mile of
Availabili ty of Voluntary Aqreement

and attempt to the establishment

13

13.1 Applicant agrees to keep available times a copy of this Agreement at his establishment the license, and to familiarize all his employees
On-qoinq 14.1 violated Protestant solutions 15. violation shall given violation Botic.. of the be notified an opportunity before and Enforcement provisions in writing to action cure of Before this by the such (such ABC Board. alleging within on the period is or MOnitorinq. In problems and pledges the event develop, to work the the provisions Applicant toward of this

and display at all as it is a part of with its conditions.

agreement to meet and effective

are with

agrees

reasonable

In such thirty basis

the

event

of

a

Voluntary person violation

Agreement,

Applicant violation (30) of such referred days and

thereafter

against

Applicant 30-day

may be undertaken

hereinafter

6

to

as the

~cure

period"). constitute

A material which cause required by has for to

violation not been seeking mail, to the

of cured

this within this parties

Agreement the Order cure

or

its the

ABC license period, be in postage Agreement. 16. effective delivery. .otic.. shall writing ABC Board.

by Applicant, Any notices or

a Show Cause return other receipt

from

be made under

Agreement to this

shall

and mailed

certified

requested,

prepaid,

hand-delivered,

Notice by mail three or

under days

this

Agreement mailing

shall Mail

be in notice delivery

writing, shall upon

and actual

may be given

by hand after

delivery.

be deemed

as of Notices

and hand

may be addressed: to Applicant, Brookland 3748 Washington, to Restaurant, NE DC 20017 LLC

If

10tb Street,

With

a Copy

to J. 19th 320 DC 20036 Kline, Street, Esq. NW

Andrew 1225 Suite

Washington, If to Protestant Monica

Fitzgerald Place, HE DC 20017 may change other Failure the violation, with the to the give but notice at notice notice Alcoholic the shall shall not be address

904 Perry Washington, Applicant listed addresses constitute a prerequisite Control 17. two but In of or all other the Board. Counterparta. more of counterparts, which together 'even though to Agreement, This above provided waiver to and other in or the this filing

signatories to the to Agreement. of

by written

notice acquiescence

signatories

a complaint

Beverage

Agreement each shall all in of

may be executed
shall one papers have and will the

simultaneously
as original, same instrument. different copies

in

which

be deemed may sign

constitute parties signed effect

words, identical

multiple

be collected

toqether

and be attached

one Agreement.

7

18.

Withdrawal by the filed

of

Protest.

Upon execution any protest the parties

of

this

Agreement

and

its

acceptance for license withdrawn. Applicant: Print Name

ABC Board, by any of

of the hereto,

Applicant's application shall be deemed

Signature:

Date:

~-C/=ti(j

For

The Residents

of

Perry

Place:

Print

Name:

M~~ica
~

Fi!zgeral~

Signature Print Name: Dino Drudi

Date:

$[e~--

Siqnature~

Date:

Print

Name

Joseph

Skeffington

Date:
Signature:

1~3! l?--6-

Print

Name

Mary "-

Elizabeth

~~c

I<enel Date:

/;).-O3-0G:

Signature:

8

~

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