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December 10, 2003
ABC Board Adjudication Issues for the Newspaper

1.  The Board imposed a fine of $2,000 at a show cause hearing as part of a joint Offer in Compromise and Settlement between Havana Breeze, Inc., t/a Havana Breeze (licensee), 1401 K Street, NW, Class CR, and the District of Columbia’s Office of the Corporation Counsel (OCC).  The licensee was charged with failing to superintend the establishment either in person, or through a manager approved by the Board; permitting alcoholic beverages to be sold and consumed after 3:00 am; failing to submit a transfer of ownership application and await approval from the Board before transferring the establishment to a new owner; and failing to frame and post the ABC license in a conspicuous location.  The establishment is currently not operating and the license is presently in safekeeping with the Board.  

2.  The Board imposed a fine and suspension at a show cause hearing as part of a joint offer in Compromise and Settlement between Louis Sigalas, t/a Louis Rogue (licensee), 476 K Street, NW, Class CN, and OCC as follows: (1) a $5,000 fine was imposed; and (2) a 5 days suspension was imposed with 2 days to be served in January 2004 and 3 days stayed for one year.  The licensee was charged with requiring, permitting, suffering, encouraging, or inducing an entertainer or employee to solicit in the licensed establishment the purchase of an alcoholic or non-alcoholic beverage drink by a patron for that entertainer and employee.      

3.  The Board approved the Voluntary Agreement, dated December 2, 2003, for John & Jane Food Market, Inc., t/a Kennedy 5 & 10, 440 Kennedy Street, NW, Class B.  The Voluntary Agreement is between the licensee, Renee Bowser, Michelle Smith, and other residents.  In the Voluntary Agreement, the licensee agreed: 1) to take all reasonable measures to ensure that the immediate environs of the establishment are kept free of litter and debris; 2) to take all reasonable measures to discourage loitering within, in front of, and in the rear of the establishment; 3) not to install signs on the front window so as to obstruct visibility into the establishment; 4) not to advertise alcoholic beverages on the exterior wall of the establishment; 5) not to provide “go-cups” to customers; 6) not to sell disposable cups to customers unless they are in pre-packaged form containing no less than 12 cups; 7) to only sell or provide ice to customers in pre-packaged forms containing no less than 5 pounds; and 8) not to sell single cigarettes, cigarette-rolling paper, plastic bags smaller than sandwich size or in non-pre-packaged form, or other forms of drug paraphernalia.

4.  The Board approved the issuance of a stipulated license for a new Class CR restaurant to Daniel Hailemelekot, t/a Asmara Café, 900 Florida Ave., NW Advisory Neighborhood Commission 1B conveyed its support to the ABC Board for issuance of the stipulated license.  

5.  The Board extended for a period of 90 days the safekeeping period of the license held by Heller’s Bakery, Inc., t/a Avignone Freses, 1775 Columbia Road, NW, Class CR, to allow additional time for the licensee to transfer the license to a new location within the Adams Morgan Moratorium.