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.
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.
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