ABRA Protest Process 2-23-2009

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THE PROTESTTHE PROTEST

PROCESSPROCESSOVERVIEW OVERVIEW



ALCOHOLIC BEVERAGE ALCOHOLIC BEVERAGE

REGULATIONREGULATION

ADMINISTRATION ADMINISTRATION THE PROTEST PROCESS THE PROTEST PROCESS

OVERVIEWOVERVIEW



WHAT IS A PROTEST? WHAT IS A PROTEST?

A protest is a written statement in A protest is a written statement inopposition to the issuance of a liquoropposition to the issuance of a liquor

license in the District of Columbia.license in the District of Columbia.



WHO CAN FILE A PROTEST? WHO CAN FILE A PROTEST?

An abutting property owner. (sharing property line An abutting property owner. (sharing property line

to property line)to property line)

A group of no fewer than 5 residents or property A group of no fewer than 5 residents or property

owners of the District sharing common grounds forowners of the District sharing common grounds fortheir protests.their protests.

In a moratorium zone established under D.C. OfficialIn a moratorium zone established under D.C. OfficialCodeCode §§ 2525--351, there must be a group of no fewer351, there must be a group of no fewer

than 3 residents or property owners of the Districtthan 3 residents or property owners of the Districtsharing common grounds for their protests.sharing common grounds for their protests.




Cont·d.Cont·d. A citizens association that 1) is incorporated A citizens association that 1) is incorporated

under the laws of the District of Columbia,under the laws of the District of Columbia,2) is located within the affected area, and 3)2) is located within the affected area, and 3)

meets the following conditions:meets the following conditions: Membership in the citizens association is open to allMembership in the citizens association is open to allresidents of the area represented by the association; andresidents of the area represented by the association; and

A resolution concerning the license application has A resolution concerning the license application hasbeen approved in accordance with the association·sbeen approved in accordance with the association·s

articles of incorporation or bylaws at a duly calledarticles of incorporation or bylaws at a duly calledmeeting, with notice of the meeting being given at leastmeeting, with notice of the meeting being given at least10 days before the date of the meeting.10 days before the date of the meeting.




Cont·dCont·d An affected ANC; An affected ANC;

In the case of property owned by the DistrictIn the case of property owned by the District

within a 600within a 600--foot radius of the establishmentfoot radius of the establishmentto be licensed, the Mayor;to be licensed, the Mayor;

Community/Civic Associations and AdvisoryCommunity/Civic Associations and Advisory

Neighborhood Commissions must include inNeighborhood Commissions must include in

their protest letter the date of their meetingtheir protest letter the date of their meeting

and the vote that was taken regarding theand the vote that was taken regarding the

protest of an application.protest of an application.




Cont·d.Cont·d. In the case of property owned by theIn the case of property owned by the

United States within a 600United States within a 600--foot radius of foot radius of

the establishment to be licensed, thethe establishment to be licensed, the

designated custodian of the property; ordesignated custodian of the property; or

The Metropolitan Police DepartmentThe Metropolitan Police Department

District Commander, or his or herDistrict Commander, or his or her

designee, in whose Police District thedesignee, in whose Police District theestablishment resides.establishment resides.



WHAT CAN BE PROTESTED? WHAT CAN BE PROTESTED?

Applications for a new license, the Applications for a new license, the

transfer of a license to a new location,transfer of a license to a new location,

the renewal of an existing license,the renewal of an existing license,

substantial changes to the nature of substantial changes to the nature of

the operation of a licensedthe operation of a licensed

establishment, changes in currentestablishment, changes in current

license class, and applying for anlicense class, and applying for anentertainment endorsement.entertainment endorsement.



HOW DO I FILE A PROTEST?HOW DO I FILE A PROTEST?

All protests must be in writing, must be All protests must be in writing, must be

receivedreceived by the Board prior to the end of by the Board prior to the end of the protest period, and must clearly state thethe protest period, and must clearly state the

grounds for the protest, i.e., why the mattergrounds for the protest, i.e., why the matterbeing objected to is inappropriate under onebeing objected to is inappropriate under one

or more of the appropriateness standards,or more of the appropriateness standards,

which include: 1) adverse impact on the which include: 1) adverse impact on thepeace, order, and quiet of the neighborhood;peace, order, and quiet of the neighborhood;



HOW DO I FILE A PROTEST?HOW DO I FILE A PROTEST?

Cont·dCont·d 2) adverse impact on real property values; and 3)2) adverse impact on real property values; and 3)

adverse impact on residential parking needs andadverse impact on residential parking needs and vehicular and pedestrian safety. vehicular and pedestrian safety.

All protests must be signed by the protestants All protests must be signed by the protestantsand contain the protestant·s full name andand contain the protestant·s full name and

mailing address.mailing address.



Peace, Order, and QuietPeace, Order, and Quiet

Noise from licensed premisesNoise from licensed premises³ ³any sound, noise, orany sound, noise, ormusic of such intensity that it may be heard in any music of such intensity that it may be heard in any premises other than the licensed establishment.premises other than the licensed establishment.

Control of litterControl of litter³ ³the licensee under a retailer·s licensethe licensee under a retailer·s licenseshall take reasonable measures to ensure that theshall take reasonable measures to ensure that theimmediate environs of the establishment , including immediate environs of the establishment , including adjacent alleys, sidewalks, or other public property adjacent alleys, sidewalks, or other public property immediately adjacent to the establishment, or otherimmediately adjacent to the establishment, or otherproperty used by the licensee to conduct its business,property used by the licensee to conduct its business,are kept free of litter.are kept free of litter.



WHAT IS NOT A VALID WHAT IS NOT A VALID

PROTESTPROTEST Not filed timely Not filed timely³ ³Section 25Section 25--602. Filing a protest602. Filing a protest ² ²

timing and requirements. (a) Any person objecting,timing and requirements. (a) Any person objecting,under Sec. 25under Sec. 25--601, to the approval of an application601, to the approval of an application

shall notify the Board in writing of his or her intentionshall notify the Board in writing of his or her intentionto object and the grounds for the objection within theto object and the grounds for the objection within theprotest period.protest period.

Letters of opposition without a signature.Letters of opposition without a signature.

Letters of designation without signatures of each of theLetters of designation without signatures of each of theprotestants.protestants.



WHERE DO I FILE A PROTEST? WHERE DO I FILE A PROTEST?

The letter should be mailed, faxed, e The letter should be mailed, faxed, e--mailed as a PDFmailed as a PDFfile with a valid signature, or hand delivered to thefile with a valid signature, or hand delivered to thefollowing address:following address:

ALCOHOLIC BEVERAGE ALCOHOLIC BEVERAGE

CONTROL BOARDCONTROL BOARD

ADJUDICATION DIVISION ADJUDICATION DIVISION

1250 U Street, NW 1250 U Street, NW 33rdrd FloorFloor

Washington, DC 20009 Washington, DC 20009



WHEN CAN I FILE A PROTEST? WHEN CAN I FILE A PROTEST?

All protests must be filed prior to the end of the All protests must be filed prior to the end of the

protest period. The last day of the protestprotest period. The last day of the protestperiod, or petition date, can be found on theperiod, or petition date, can be found on the

notice placards that licensees are required tonotice placards that licensees are required topost where it is visible to the public. You may post where it is visible to the public. You may

also contact the Licensing or Adjudicationalso contact the Licensing or Adjudication

Division of ABRA at 202/442Division of ABRA at 202/442--4423 to find out4423 to find outthe last day of the protest period for a particularthe last day of the protest period for a particular

license application.license application.



WHEN CAN I FILE A PROTEST? WHEN CAN I FILE A PROTEST?

All protest are received and date stamped by ABRA. All protest are received and date stamped by ABRA. The date used to determine the deadline is based on the The date used to determine the deadline is based on thepetition deadline. ABRA·s stamped date determinespetition deadline. ABRA·s stamped date determines

whether the protest is filed timely. The stamp date by whether the protest is filed timely. The stamp date by the Postal service is not accepted.the Postal service is not accepted.

Placards are placed in the window of establishments forPlacards are placed in the window of establishments for various reasons: Green various reasons: Green³ ³Substantial Change;Substantial Change;

OrangeOrange³ ³New Application; RedNew Application; Red³ ³Renewal; andRenewal; and Yellow Yellow³ ³Suspension.Suspension.



NOTIFICATION/PLACARDNOTIFICATION/PLACARD

INFORMATIONINFORMATION The notice placards contain the following The notice placards contain the following

information:information:

Licensing information, i.e., the legal name of theLicensing information, i.e., the legal name of the

applicant, the trade name of applicant, the streetapplicant, the trade name of applicant, the streetaddress of establishment, the license class, theaddress of establishment, the license class, thedescription of the nature of the operation of thedescription of the nature of the operation of theestablishment, etc.;establishment, etc.;

The date the notice placards are required to be The date the notice placards are required to beposted by the applicant, orposted by the applicant, or the posting date the posting date ;;



NOTIFICATION/PLACARDNOTIFICATION/PLACARD

INFORMATIONINFORMATION

The date of the final day of the protest period, or The date of the final day of the protest period, orthe petition date the petition date ;;

The date of the roll call hearing, or The date of the roll call hearing, or the hearing date the hearing date ,,

during which the applicant and the protestant(s)during which the applicant and the protestant(s)are introduced to each other and to the ABCare introduced to each other and to the ABCBoard and where the grounds for the protest of Board and where the grounds for the protest of the license application are read to the public.the license application are read to the public.



CAN I FAX A LETTER OFCAN I FAX A LETTER OF

PROTEST?PROTEST?

Letters of Protest may be faxed or eLetters of Protest may be faxed or e--mailedmailed

(electronic submission) as a PDF file with(electronic submission) as a PDF file withsignatures of each protestant to the Alcoholicsignatures of each protestant to the Alcoholic

Beverage Control Board (Fax: 202/442Beverage Control Board (Fax: 202/442--9563).9563). The original letter of opposition must be mailed The original letter of opposition must be mailed

after the faxed or eafter the faxed or e--mailed submission.mailed submission.



CAN A PERSON REPRESENTCAN A PERSON REPRESENT

MY CONCERNS AT A HEARING?MY CONCERNS AT A HEARING? Yes! However, the Board requires that all parties of Yes! However, the Board requires that all parties of

record must attend the roll call hearing. This meansrecord must attend the roll call hearing. This meansthat at least five (5) or more of the protestants attendthat at least five (5) or more of the protestants attendthe Roll Call Hearing. If in a moratorium zone, threethe Roll Call Hearing. If in a moratorium zone, three

(3) or more protests attend the Roll Call Hearing.(3) or more protests attend the Roll Call Hearing. After the Roll Call Hearing, a designated representative After the Roll Call Hearing, a designated representative

may be appointed by the protestant/s to attendmay be appointed by the protestant/s to attendadditional hearings.additional hearings.

The designation must be in writing, authorizing the The designation must be in writing, authorizing thedesignee to represent him/her; and must be availabledesignee to represent him/her; and must be availablefor the Board·s review at the time of the roll callfor the Board·s review at the time of the roll callhearing.hearing.



THE ALCOHOLIC BEVERAGE THE ALCOHOLIC BEVERAGE

CONTROL BOARDCONTROL BOARD

There are seven (7) members on the Board. There are seven (7) members on the Board.

Each is a resident of the District of Columbia fromEach is a resident of the District of Columbia from various parts of the City. various parts of the City.

The Mayor, with the advice and consent of the DC City The Mayor, with the advice and consent of the DC City Council, appoints the Board members.Council, appoints the Board members.

The Chairperson is selected by the Mayor, with the The Chairperson is selected by the Mayor, with theadvice and consent of the DC City Council.advice and consent of the DC City Council.

All appointments are for a term of four (4) years, All appointments are for a term of four (4) years,except appointments made for the remainder of except appointments made for the remainder of unexpired terms.unexpired terms.



THE VARIOUS HEARINGS THE VARIOUS HEARINGS

Roll CallRoll Call ² ² It is a nonIt is a non--adversarialadversarial proceeding held by ABRAproceeding held by ABRAStaff who serves as the Board·s Agent at which time a list of Staff who serves as the Board·s Agent at which time a list of applications for the licensing actions and the names of applications for the licensing actions and the names of protestants have filed an objection to the issuance, renewal,protestants have filed an objection to the issuance, renewal,

transfer to a new location, and any substantial change to thetransfer to a new location, and any substantial change to theoperation of a licensed establishment is made.operation of a licensed establishment is made.

StatusStatus ² ² It is a nonIt is a non--adversarialadversarial proceeding held by the Boardproceeding held by the Boardat which the parties inform the Board of their progress inat which the parties inform the Board of their progress inreaching a cooperative/voluntary agreement.reaching a cooperative/voluntary agreement.

ProtestProtest ² ² the adjudicatory proceeding held by the Board, afterthe adjudicatory proceeding held by the Board, afterreceipt of a protest, to hear persons objecting to, or in supportreceipt of a protest, to hear persons objecting to, or in supportof, the issuance of a license.of, the issuance of a license.



RESOLVING THE PROTESTRESOLVING THE PROTEST

All parties are encouraged to resolve the protest All parties are encouraged to resolve the protest

through a voluntary/cooperative agreement.through a voluntary/cooperative agreement.

All parties are encouraged to resolve the protest All parties are encouraged to resolve the protestthrough the mediation process/settlementthrough the mediation process/settlementconference.conference.

If a protest cannot be resolved by the aboveIf a protest cannot be resolved by the aboveavenues, the Board will hold an adjudicatory avenues, the Board will hold an adjudicatory

proceeding known as a ´protest hearingµ.proceeding known as a ´protest hearingµ.



THE PROTEST HEARING THE PROTEST HEARING

During a protest hearing, the applicant and theDuring a protest hearing, the applicant and theprotestant(s) will present evidence and testimony protestant(s) will present evidence and testimony regarding the appropriateness of the licensing action.regarding the appropriateness of the licensing action.

It is incumbent upon the protestant(s) to prove theirIt is incumbent upon the protestant(s) to prove theircase.case.

The record shall close when a hearing is concluded. The record shall close when a hearing is concluded.Parties shall have 30 days after the conclusion of theParties shall have 30 days after the conclusion of the

hearing to submit proposed findings of fact andhearing to submit proposed findings of fact andconclusions of law to the Board.conclusions of law to the Board.



THE PROTEST HEARING THE PROTEST HEARING

Within 90 days after the close of the record, The Board Within 90 days after the close of the record, The Boardshall issue its written decision accompanied by findingsshall issue its written decision accompanied by findingsof fact and conclusions of law. The Board shall publishof fact and conclusions of law. The Board shall publish

and maintain a compilation of its decisions and orders.and maintain a compilation of its decisions and orders. A petition for reconsideration, rehearing, reargument, A petition for reconsideration, rehearing, reargument,

or stay of a decision or order of the Board may be filedor stay of a decision or order of the Board may be filedby a party within 10 days after the date of receipt of theby a party within 10 days after the date of receipt of the

Board·s final order.Board·s final order.



HEARINGS OUTSIDE OF THEHEARINGS OUTSIDE OF THE

PROTEST PROCESSPROTEST PROCESS

Fact FindingFact Finding ² ² Prior to rendering a final decision on aPrior to rendering a final decision on alicensing request or an ABRA investigative report, thelicensing request or an ABRA investigative report, theBoard may hold a factBoard may hold a fact--finding hearing to obtain furtherfinding hearing to obtain further

information from an applicant or licensee.information from an applicant or licensee. Summary SuspensionSummary Suspension ² ² The Board may suspend or The Board may suspend or

restrict the license of the license. Additionally, therestrict the license of the license. Additionally, theBoard may keep the licensee in the summary Board may keep the licensee in the summary

suspension proceeding to monitor the licensee to makesuspension proceeding to monitor the licensee to makea determination if the conditions placed by the Boarda determination if the conditions placed by the Boardon the licensee are effective.on the licensee are effective.



HEARINGS OUTSIDE OF THEHEARINGS OUTSIDE OF THE

PROTEST PROCESSPROTEST PROCESS

Show CauseShow Cause ² ² whenever the Board has whenever the Board hasreasonable cause to believe that any license orreasonable cause to believe that any license orpermit should be revoked or suspended, it shallpermit should be revoked or suspended, it shall

notify the person to whom the license or permitnotify the person to whom the license or permit was issued by personal service or certified mail was issued by personal service or certified mailat the last address recorded by the person withat the last address recorded by the person withthe Board, citing that person appear before thethe Board, citing that person appear before the

Board not less than thirty (30) days thereafter.Board not less than thirty (30) days thereafter. The notice shall state the time and place set by The notice shall state the time and place set by the Board for the hearing.the Board for the hearing.



RETAILER·S CLASS OFRETAILER·S CLASS OF

LICENSESLICENSES

Class AClass A ² ² beer, wine, and spiritsbeer, wine, and spirits

Class BClass B ² ² beer and winebeer and wine

Class C/R Class C/R ² ² restaurantrestaurant ² ² beer, wine, and spiritsbeer, wine, and spirits Class D/R Class D/R ² ² restaurantrestaurant ² ² beer and winebeer and wine

Class C/TClass C/T ² ² taverntavern ² ² beer, wine, and spiritsbeer, wine, and spirits

Class D/TClass D/T ² ² taverntavern ² ² beer and winebeer and wine

Class C/NClass C/N ² ² nightclubnightclub ² ² beer, wine, and spiritsbeer, wine, and spirits

Class D/NClass D/N ² ² nightclubnightclub ² ² beer and winebeer and wine



RETAILER·S CLASS OFRETAILER·S CLASS OF

LICENSESLICENSES

Class C/HClass C/H ² ² hotelhotel ² ² beer, wine, and spiritsbeer, wine, and spirits

Class D/HClass D/H ² ² hotelhotel ² ² beer and winebeer and wine

Class C/X Class C/X ² ² Arena, Multi Arena, Multi--purpose facility (onpurpose facility (onpremises without a stationery location.)premises without a stationery location.) ² ² beer,beer,

wine, and spirits wine, and spirits

Class D/X Class D/X ² ² Arena, Multi Arena, Multi--purpose facility (onpurpose facility (onpremises without a stationery location.)premises without a stationery location.) ² ² beerbeerand wineand wine

ABRA Protest Process 2-23-2009

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Transcript of ABRA Protest Process 2-23-2009