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Alcoholic Beverage Regulation Administration
 

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Settlement Agreement Enforceable/Unenforceable Items

An applicant for an alcoholic beverage license and potential objectors to the application may settle the dispute in the form of a settlement agreement. The following list defines unenforceable and enforceable provisions of settlement agreements.

Enforceable

The following is a list of enforceable items:

  • Allowing or prohibiting entertainment.
  • Hours that entertainment will be allowed.
  • Outside noise mitigation requirements:
    • Sound attenuation elements.
    • Closure of doors and windows except for entering and exiting.
    • Restricting the location of the entertainment.
    • Configuration of outside space, such as outside speakers, architectural features, and sound barriers.
  • Litter and debris control:
    • The frequency of monitoring.
    • Days and times of trash removal.
    • Control of vermin infestation.
  • Parking arrangements.
  • Maintenance of incident log made available upon ABRA request.
  • Cure period for settlement agreement violations.
  • Restrictions on operating hours and hours of sales and service.
  • How issues are addressed in order to obtain support for proposed hours of operation and occupancy, including:
    • History of previous violations.
    • Proximity to residences.
    • Hours of other area licensees.
  • Stipulations that the licensee will comply with DC laws and ABRA regulations.

Unenforceable

The following is a list of unenforceable items:

  • Restraints on the licensee’s or applicant’s ability to operate:
    • Requirement for ANC or others to approve ownership changes.
    • Requirement for ANC or others to be notified of an intent to transfer ownership.
    • Prohibition against applying for a change in license class.
    • Requirement to change license class prior to sale of license.
    • Prohibitions on applying for changes (i.e. Summer Garden, Entertainment, Hours).
    • Mandating specific alcohol brands and pricing.
    • Mandating age restrictions.
    • Mandating the use of a specific company for services.
  • Requiring administrative procedures other than those required by ABRA or another district agency.
  • Requiring Attendance to ANC or other community meetings.
  • Requiring the furnishing of money or other financial benefits, or other special considerations, to the community.
  • Requiring membership in any group.
  • Requiring the hiring of local individuals.
  • Requiring that contracts, incident logs, or similar documents, be made available to the ANC or other community groups or members