THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Fanners & Fishers, LLC tJa Fanners & Fishers

Holder ofa Retailer's Class CR License

at premises 3000 K Street, N.W. Washington, D.C. 20037

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

License No. Order No.

Fanners & Fishers, LLC, tJa Fanners & Fishers (Licensee)

ABRA-074934 2013-256

Ron Lewis, Chairperson, on behalf of Advisory Neighborhood Commission (ANC) 2E

Jennifer Altemus, President, Citizens Association of Georgetown (CAG)

Marc Fleischaker, President, Washington Harbor Condominium Association (WHCA)

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

ORDER ON AMENDMENT TO SETTLEMENT AGREEMENT

The official records ofthe Alcoholic Beverage Control Board (Board) reflect that a previous holder of a license for the premises, ANC 2E, CAG, and WHCA entered into a Voluntary Agreement dated March 31, 2006 (Agreement) and it was approved by the Board on May 10,2006. Farmers & Fishers, LLC, tJa Fanners & Fishers, (Licensee), as the current holder of a Retailer's Class CR license, is required to comply with the terms of the Agreement, dated March 31, 2006, that governs the operation of the Licensee's establishment. This matter comes now before the Board to consider the Parties' Amendment to Settlement Agreement (Amendment), dated AprilS, 2013, in accordance with D.C. Official Code § 25-446 (2001).

I

Farmers & Fishers, LLC t/a Farmers & Fishers License No. ABRA-074934 Page 2

The Amendment has been reduced to writing and has been properly executed and filed with the Board. The Licensee; Chairperson Ron Lewis, on behalf of ANC 2E; Jennifer Altemus, on behalf of CAG; and Marc Fleischaker, on behalf of WHCA, are signatories to the Amendment.

Accordingly, it is this sth day of June, 2013, ORDERED that:

1. The above-referenced Amendment to Settlement Agreement, dated April 8,2013, submitted by the Parties to govern the operations of the Licensee's establishment is APPROVED and INCORPORATED a~ part of this Order;

2. All terms and conditions of the original Agreement, not amended by the Amendment, shall remain in full force and effect; and

3. Copies of this Order shall be sent to the Licensee, ANC 2E, CAG, and WHCA.

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Farmers & Fishers, LLC tla Farmers & Fishers License No. ABRA-074934 Page 3

District of Columbia Alcoholic Beverage COJ;ltrol Board

~ ,- ~I-, Ruthanne Miller, Chairperson

Hennan Jones, Member

Pursuant to D.C. Official Code § 25-433, any Party adversely affected by this Order may file a Motion for Reconsideration within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., Suite 400S, Washington, D.C. 20009.

3

A.'Vl,~DMENT TO VOWN TARY AGREEMENT

THIS AMF.NDM!:.'NT TO VOLliNTARY AOPJ.lE.'VlIlNT (thl' "Arnondmem") cnle.cd ,ute this __ .k_ day of ~,-.f __ .~ 2013 by alid amoog fanners Fishers Baken. LLC lia Fanners Fishe!. & I':!ak~-n. ("Applicant"). Advisory Neighborhood Conunissio.n 2E (nANC 2En). the WaMtlngtOD. Harbor CondornJaium Association CWHCA '') md ClllZCl1li Association of Georg~!own (''CAG'')

WHERllAS. Applicant IS the $11=,,$Or in Ink-tesl to Agraria-l, LLC, n DlStlict of Columbia limited liability company ("Agrarian) and fhe hold.:t' of Reta.,l~r'f Licell.e Class CR alcoholic beverage conuolliccme 110, 74934 issued by tbe Alcoh.)lic Beverage Control Board (the "Uc~nse~') which (.",enloe is u~1 In c~nnection wi.th tho:' leslaurant business knc.wn as F'amler~ Fishers & Baktlll,loawd at 3000 K Sitccl. Waobir.gtun HlU'bilt. W .. ,hington. [IC 20007 (tile "PI~'Il' !ses");

WflliREAS, Agmiia. ANC ZE ~nd CAO ~JlI~,~d inlo a written Volun(aJ Y Ag,reement clstoo March J 1,2006, (the; "A~tnent") which Al!lIlcment plat.c:d certain tc$(ri.1ions lind clinditlons 011 Appli.:ant· S (.peralkm Undl"f its Liconse;

WHEREAS, Ihe parties desitt to amend the Ag/ teIllent upon the tems and condlttOM horclnafter set for tI!.

NOW. n'LEREFORE, in consideration ot tht.. /"n:goi.'lg, and oth~r ~ l ,IJ valuab!~ ronslder41iOns. the mut~a1 covenants ana repre~t"ticll!s made herein, the leceipt and ~u(fi.;ic!lcy (.f whi~b ate hereby acknowledg~d, the pattl¢~ belet!) mutually agree as follOWS:

1. Rrcltals IncorpO!~!JllI The rocilals sci forth IIb"VC ar~ incorporated herelo by IdelenCC'.

2. Ame!ulmenl o~:~. The parties bereby amend sp¢dfic provisIons of the Agreemel1l 01.\ follows:

2, Qccu.l!I!l£LaI14S~. "Fl'ur hundred fifty (450)" 1~ hereby deJ~lc'u and lcpla,~~,l whh;

plact.

" Iw.) hundr: d eigilt SIX (:!~6) in~idc and ,'ighly· fiv~ (85) ,m19;Je. for 3 1"·,,,[ occup~ncy 01' Ihree bl· nd,ed ,eventy on. (:17\), lUi reflecled on th. drewing auached here :o."

3. til1.1!rut.Q~IJI.!lQ.I\. "8:00" 18 hereby deJeled and "7 ()() J m." is in,clt¢d in its

4. EnlertaiDme.!lL The clause, "bul at no tim~ shall said music for event! be of/at. a levr.1 to be hwd outside of 5ald PrClll1Scs" is hereby uej~tc<i.

The following language is inscned at iht: end (If the paragraph:

.. Appli.:ant may play recorded mu.'lic in lts ;,utside seatit'ig area provi,l;,.d, howev~r, thaI. at no lime Mull! suc,b mU$io,; be audible beyond thi; helga colmed brick borON which is appro);im8tdy six feet ftom the boundllfY of the promlist;s and fUrthol provided Ihat ffiI..:b musk 5111111 ceasr. by the tittles stipulaLeJ In paragraph five (;) "

5. QJill.ide Dirrillg. lbe language. "nor shall standillg customers be served any food ()! bevclage~ thet con" is hereby Jeletel\

"S;xty·fiv~" (65) is hereby deleted and rt,plaood with "eighty-five (85) penons 10,.1, with sealll f'Jr seventy (70) people at aU tUnes. ;0

Add tlte followmg ldng~:tgC 10 tbis seclion:

··'Applicant will serve full menu outside on th~ patio when 11 1$ opetattODbl from April J through October 31 A lilIiil~d food menu shall he offeled riuring the off season (November l·Marcb 31) 0,1 any da:;s the patio 1& operallor;al. The hour.; £c.r the outside area shall be as follOWS: Su~daJ - Wedn~sday vlltil 10 i'M, ThulsdllYs untilllpm and Ftiday and SdlllrcJayS until 12-00 AM."

:1 E~.IL!.'~c;I~t- F..xccpt as tlxpressly stattd here1.~, the Agreement d~ted Mon:h 31, 2C06 is in full forGe and ~ffect

(SIGNATURE BLOCKS ON FOLLOWING PAGE]

IN WITNESS WHERUOF, the l'81t1.'5 hCJ'Cby execute this Amendwent 8! of tbe date written . hove

APPLICANT:

FARMERS FISh'ERS BAKERS, LLC

, - " (" " Pnnt Narue:Llll~ ~ ~~~ '

Date Signed: I '

"';" /;;; // -~~ ,. I .i ____ , .. __

"

Date Signed. ) I" I t· I ,~L

WHCA ~T" t~ .. . .. ' " .41.i', i \..'. __ , e VI..-,;,,<t~

Print NSlllcrril1e- 11-1 .'17' , L- i-'J::!,!ISc rtA-'<:'''Y<' I p.~ .,,- .. . J':--'-;

Date Signed: -.1,_' _~..II.'....:..' 1.' .!.J ____ _

THE DISTRICI' OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Agraria-I, LLC tla Agraria Restaurant

New Application for a Retailer' s Class CR License -

at premises 3000 K Street, N.W. Washington, D.C.

) ) ) ) ) ) License no.: ) Application no.: ) Order no.: ) )

--------------------)

74934 61103 2006-028

Advisory Neighborhood Commission 2E, the Washington Harbour Condominium Association, the Citizens Association of Georgetown, and Agraria-I, LLC, Signatories

BEFORE: Charles A. Burger, Chairperson Vera M. Abbott, Member Judy A. May, Member . Audrey E. Thompson, Member Peter B. Feather, Member Albert O. Lauber, Member Eartha ISaac, Member

ORDER ON VOLUNTARY AGREEMENT

The official records of the Alcoholic Beverage Control Board ("Board'') reflect that Advisory Neighborhood Commission 2E, the Washington Harbour Condominium Association, the Citizens Association of Georgetown, and Agraria-I, LLC, Signatories, have reached a voluntary agreement, dated March 31,2006, which .has been reduced to writing and has been properly executed and filed with the Board. Having determined that the March 31, 2006 agreement complies with all applicable laws and regulations, the Board does hereby, this 10111 day of May, APPROVE the agreement and . INCORPORATE the text of the same into this Order. Copies Dfthis Order shall be sent to the Signatories to the agreement.

Agraria-I, LLC tla Agraria Restaurant License No. 74934 Application No. 61103 Page two

District of Colwnbia Alcoholic Beverage Control Board

Q.~

Peter B. Feather, Member

,4t£tJ:cIa~

Pursuant to 23 DCMR § 1719.1 (April 2004), any party adversely affected may file a Motion for Reconsideration of this decision within ten (10) days of service of this Order with the Alcoholic Beverage Regulati0n Administration, 941 North Capitol Street, N.E.; Suite 7200, Washington, D.C. 20002.

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GOVERNMENT OF THE DISTRICT OF COLUMBIA

Advisory Neighborhood Commission 2E Representing the communities of Burleith, Georgetown and Hillandale

3265 S Street, NW • Washington, DC 20007 (202) 338-7427. FAX (202) 338"0279 c anc2e@erols.com

April 6 2006

Mr. Charles Burger, Chair Alcoholic Beverage Control Board 941 North Capitol Street, NE Seventh Floor Washington, DC 20002

RE: License #74934, Agraria Restaurant, 3000 K St, NW

Dear Mr. Chairman and Members of the Board:

On April 4 2006, ANC 2E held its regularly scheduled public meeting which was duly noticed and attended by all seven commissioners. At the meeting we were presented the application for a "C" license for a new restaurant called Agraria to be located at 3000 K Street at Washington Harbor in Georgetown. The commission is pleased to announce that all interested parties including the ANC, the applicant, the Citizens Association of Georgetown, and the Washington Harbor Condominium Association have adopted a Voluntary Agreement. To formalize this the following motion was unanimously adopted:

ANC 2E accepts and approves the Voluntary Agreement presented to us on April 4, 2006 and we appreciated the cooperation shown by all the interested parties.

Please see attached the signed Voluntary Agreement and the diagrams of the planned outside seating as refelTed to in the Voluntary Agreement.

Thank you for your attention.

Sincerely,

Ql~. Ed Solomon Chair, ANC 2E

COMMISSIONERS:

Ed Solomon, District 1 John Lever, District 2 Bill Skelsey, District 3 Brett Clements, District 4 Bill Starrels, District 5 Pam Moore, District 6 Charles Eason, District 7

VOLUNTARY-AGREEMENT

THIS VOLUNTARY AGREEMENT (hereinafter, the "Agreement") is made today, Friday, March 31, 2006, by Agraria-I, LLC, a District of Columbia limited liability company, d.b.a., the Agraria Restaurant (hereinafter, the "Applicant'), the Advisory Neighborhood Commission 2E (hereinafter, the "ANC"), the Washington Harbour Condominium Association (hereinafter, "WHCA"), and the Citizens Association of Georgetown (hereinafter, "CAG").

WHEREAS, Applicant flied with the District of Columbia Alcoholic Beverage Control Board (hereinafter, the "Board") an application for a retail establishment Class-C liquor license (hereinafter, the "Application") for a new restaurant to be known as Agraria; located at 3000 K Street NW , Washington Harbour. Washington D.C. 20007 (hereinafter, the "Premises), Application #61097 I license #74934, which is pending before said Board.

WHEREAS, ANC represents the residents and taxpayers within the boundaries of ANC2E and wishes to insure that no establishment that sells alcoholic beverages will adversely affect the health, safety, and quality of life in the surrounding community;

WHEREAS, Applicant is seeking written approval from the ANC of said Application;

WHEREAS, in order to secure ANC's written approval, Applicant has agreed to execute this Agreement commemorating certain understandings regarding Applicant's operational plans;

NOW, THEREFORE, in consideration of the foregoing, other valuable considerations, mutual convenants and representations made herein, the receipt and sufficiency of which are hereby acknowledged by the aforementioned, the Parties hereto mutually agree as follows:

I. General Operation. Applicant shall operate a bona-fide, first class restaurant on the Premises. The kitchen shall be open and hot andlor cold food items from its menu shall be available until at least one (1) hour before the establishment's closing. Additionally, alcoholic beverages shall be served principally in conjunction with full meal service.

2. Occupancy and Safety. Applicant shall bave a maximum capacity of four hundred and fifty (450) persons for the Premises, which includes both the indoor and outdoor serving areas, as stipulated by the Government of the District of Columbia; the limit ofwhicll shall not be exceeded and prominently posted therein.

3) Hours of Operation. Applicant's hours of operation may be as early as 8:00am but shall not be later than to 2:00am, Monday through Sunday; and regardless ofthe foregoing operational hours, in no instance during any night of the calendar week shall Applicant serve any alcoholic beverages after 2:00am.

4) Ente$inment. Applicant shall not permit dancing, entertainment, amplified/disruptive live music, promoters (other than marketinglpublic-relations-related efforts benefiting the flI'St­class dining restaurant) andlor any cover charges indoors or outside of the Premises. Applicant may, in its sole discretion, also offer background music conducive to a pleasant dining experience within the Premises; however, at no time shall such music be oClat a lev~ be heard outside of slrid Premises. Applicant may also, iri its sole discretion, hold weddings, Bar MltiValis 'and' Hk~ ,!. ' C".

events within the Premises that may include dancing and music; but at no times shall said music . . for such events be oVat a level to be heard outside of the Premises. ;,;' :.'. Ii:: ~;}" i,i} i

ii.) :.:, .' .

.... n~~·i({"",;:.~/.;!·; ~"

5. Out.'lide Dining. Applicant, in its sele discretion and subject to the applicable terms, conditions, rules and regulations whicb. may now or hereafter be imposed by the District of Columbia or any governmental agency bavingjurisdiction with respect to such use, D';3}' ::erve food and alcoholic beverages in the outdoor serving area adjacent to the Premises; as stipulated by me 3-23-06an:ho.i.Zing fetter from !he HarllourCornplex landlo."'d's l'IIlIlllIgemcnt company and OU\'dOOT seating diagram altllched hereto and incorpomted by reference. At no time shall Applicant establish an outdoor bar in the afuresllid serving area, nor shall standing C1L~ b~ served any food or beverages thereon. Applicant shall also situate its utilized outdoor furniture, ine.ludillg as applicable, moles. chlrir:;. space heaters mdfor tabli:.~op umbrellas,. so tln;t SU<lh furniture does oot in any way breach/become an impediment to the pub!ic walkway access adjacent to said (1mdoor' sen:oing IRa md th~ Hat'booT COD1iJ!~ fullllllli::L f...:i4itKma!rj; ~L 1l~1 times Applicant shall limit OCCUplIDC)' in said outdoor semng mlIl to the maximum nUi'l'Jtmo of sixly-five (65) pers.lfos.

6. Agreement ThiswritWJn:l~l, wbidr~"mrmtl:ill~ic,~G related to the Premises and its <M:CUpants, oon:;titdtes tbe eutire and cnIy agJeement b-elVi~ the parties be.-eto; :mJ mayonfy be modified if agreed to in writing by the afo.-ementioned ~ties.

IN 'WITNF-SS WHEl\EOf. AJ:lIti=t> t'.N;C, WHCA 1IiIG. C'AG M!~Y' ~=.a"\'! \!~s Vo!untary-Agre.."lllent onIas of the d:lte fiM aoo,,:: v.mtt;m:

APP(JCANT -..-,

BY: . Rcr;taurant

BY:

CITI~:;ENS . 1O'-o-:::iATIQN OF GI>ORGETOWN

• BY:

March 23, 2006

Tom Prescott The Magnate Group, LLC 1900 L Street, NW Suite 612 Washington, DC 20036

Re: Washington Harbour

Dear Tom,

Please accept this letter as the landlord's approval for utilization of the seating area outside of Agraria's restaurant.

Should you have any questions on this matter do not hesitate to call me.

/ ~~ Larry McCu ey General Manager

3050 K Street, WI I Suite 170 I Washington, DC 20007 T 202 295 5000 I F 202 295 5003/_NL"Nayres.com

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