SCBrown ANC7C04 Alcohol Omnibus Testimony

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ADVISORYNEIGHBORHOOD COMMISSION 7C04 TOGETHERBETTER!

1Sylvia C. Brown, ANC 7C-04

4651 N.H. Burroughs Avenue NE Suite 2 Washington, DC 20019

P: 202-398-5100 E: brown.s [email protected]

Public Hearing on Omnibus Alcohol Reform

Sylvia C. Brown, Advisory Neighborhood Commissioner 7C04

July 12, 2012

I am Advisory Neighborhood Commissioner 7C-04, representing portions of the

Deanwood neighborhood in far northeast Ward 7. I am providing comments

regarding the Omnibus Alcohol Reform bill. I appreciate Chairman Graham

offering me an opportunity to be a member of the alcohol working group

convened in 2011. During the working group sessions and now I am looking for

four principles to be a part of the omnibus alcohol reform effort.

1) Appropriate ABC reforms encourage economic development activities thatprovide desirable employment and a broad, diversified tax base.

2) Appropriate ABC reforms ensure the social growth and stability of allparts of the District.

3) No reform of ABC regulations substantially impairs the integrity of anyvalidly approved Master Plan or Small Area Plan.

4) Continued single-use and business types will be detr imental to the use ordevelopment of adjacent properties and the general neighborhood.

The Districts liquor laws too often are seen through the lens of restaurants, bars,

and taverns. Regrettably, the retail landscape in Wards 7 and 8 have not matured,

and our prevalent liquor licensees are class A and class B retailers, liquor stores.

There are 88 alcohol licensees in Wards 7 and 8. Of this number five, thats right

five, are not liquor stores. No longer will my neighbors and I accept this

unbalanced and unhealthy retail landscape as a fact of life. We are demanding

the Council and the Executive use not only the alcohol laws and regulations but

also law enforcement, planning, and economic development policies to change

this unbalanced and unhealthy reta il landscape.

This omnibus alcohol reform initiative should increase the level of expectation

and performance from the licensees and the industry and open up the eyes of


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neighbors West of the River to join East of the River in demanding better. Key

components that should be reevaluated or clarified in the omnibus alcohol reform

initiative are:

-define overconcentration

-permitting the issuance of additional class B licenses

-notice of placard to citizens associations

-require group of five to live in 400 radius

-Sunday sales

Overconcentration

There are several instances of the need to include the classification of

such establishments by neighboring city, county, or state jurisdictions . One

example is in my Single Member District. In 2011 a class A license was granted

to Uncle Lees Seafood despite the operat ion of two licensees directly across the

street in Capitol

Heights, Maryland.

Theres no need to

imagine what it

means to have three

of the four corners of

a neighborhood

occupied by liquor

storesjust come to

the intersections of

Eastern

Avenue/Sheriff Road/Division Avenue. The intersection already had challenges

with traffic safety. Now those challenges are exasperated with patrons crossing

against the light and cutt ing through traffic to patronize Uncle Lees, Jocks

Example of Impact of Maryland alcohollicensees across from District licensee


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Liquor, and the Sheriff Carry-out. Vehicles routinely cut through Uncle Lees

parking lot to avoid the traffic light. In addition to the traffic challenges, there is

the overall downgrade in quality of lifelitter from alcohol bottles and food

containers to open container violations to incommoding (loitering) at the alcohol

establishments and the Metro bus stop.

Traveling south on Eastern Avenue less than a mile away is another

Maryland licensee, Franks Tavern. Franks Tavern has been the site of

homicides and drug sales. Traveling north on Eastern Avenue are another cluster

of Maryland alcohol licensees just across the street from se veral District

licensees. You may remember a hearing this spring about banning prostitution;

this is that area. There are no less than twenty alcohol licensees in and around

Advisory Neighborhood Commission 7C. Accounting for Maryland, needless to

say, District and Maryland residents are not in danger of los ing access to their

liquor needs.

Attached are maps of the alcohol landscape in Advisory Neighborhood

Commission 7C: liquor stores in a one mile radius in ANC7C; liquor retailers in

a mile radius of the District border.

Issuance of additional class B licenses

This provision would require new licensees to limit beer and wine sales to

25% of gross receipts, which means the stores must sell 75% of something else.

The proposal is worthwhile; however, the 25% sale should (1) include current

licensees in Wards 7 and 8 communities and (2) define what the 75% of

something else should be.

While regulations describe class B licensees as grocery stores, they are in

fact operating primarily as liquor stores. A substantial number of carry-outs are

also class B liquor stores. These class B retailers circumvent the prohibition


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against go-cups, or servings of plain ice in a cup, because they claim the go-cups

are a part of the food sale. It is unacceptable for Wards 7 and 8 to wait for

organic change or market forces to get the class B licensees to reflect the needs

and wants of the community. Certainly, neighbors and I are sympathetic, not to

mention realistic. A store wouldnt be able to reduce its gross sales of liquor

overnight. A compromise would be phasing the increase to 75% over a two-three

year period.

Another important component is defining the 75% of something else.

For retailers operating as stores, I propose codifying the ad hoc grant program

Healthy Corner Stores Initiative. The Healthy Corner Stores Initiative has been

underway for the last eighteen months and run by the Department of Small Local

Business Development and the Deputy Mayor for Planning and Economic

Development and monitored by the Department of Health. The vendor providing

implementation has been DC Central Kitchen. Funding for the Healthy Corner

Stores has been through the Food, Environmental, and Economic Development

in the District of Columbia Act of 2010 (FEED-DC) that was crafted by

Councilmember Mary Cheh. Codifying the Healthy Corner Stores Initiative will

mean at least twenty-five percent of the total volume of gross receipts of the

class B licensee would be food for home preparation and consumption, i.e.,

fruits, vegetables, whole grain breads, meats or even healthy take-home meal

options.

Notice of placard to citizens associations

This provision will require intense outreach to citizens/civic associations

to let them know of this right. There can be some reliance on notification throug h

ANCs, but that cannot be the only channel.


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I also believe there needs to be clarification of whether it is sufficient for

the associations to register with ABRA or should the organizations also be

registered with the Department of Regulatory and Consumer Affairs. I s ubmit

that for several associations it will be an onerous burden to meet the DCRA

standard. For whatever reason citizens/civic associations may not want to be

nonprofits or social welfare organizations. These residents, however, are strong

advocates for their communities. Adding a burden to their r ight to civic activism

should be considered cautiously.

Require group of five to live in 400 radius

Limiting the right to civic activism should be considered cautiously. Just

as importantly relying solely on the ANC protest process takes for granted ANCs

are the most effective conduits for civic activism. At the risk of putting out dirty

laundry, I can attest to the dysfunction of the ANC system. Right now, my

Commission is contending with a Commissioner pursuing a personal agenda

instead of pursing the publicly voted on and community endorsed protest

process. There have been instances where I, as an individual, had to pursue a

protest because the Commission was too ineffective to decide. I had to join a

group of five. The 400 foot radius would have excluded me and limited my right

to civic act ivism.

Sunday sales

There have been numerous reports that the small alcohol retailer s are not

in favor of Sunday sales. The retailers are small businesses and Sunday offers

them a respite after the hectic hours on Friday and Saturday. For Wards 7 and 8

this would continue the unhealthy reliance and balance on alcohol sales.


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Take the Division Avenue retail strip as an example. There are four liquor

stores in that one block area; one is a class A retailer. There is a playground and

the Heritage Green of Marvin Gaye Park next to the strip. The city and private

stakeholders have invested millions of dollars not to mention thousands of hours

in time and energy on this one block area. But there is still loiter ing, public

drinking, public urination, and undesirable activity. Having a blanket applicat ion

of Sunday sales is an uninformed and detrimental decision that will exacerbate

the challenges at Division Avenue not mention in the whole of Wards 7 and 8.

Conclusion

I understand the frustration some neighbors and industry representatives

West of the River have about, as they describe, overzealous civic activists.

However, they cannot and should not paint everyone with the broad brush of

teetotalers, busybodies, or plain zealots. There is a distinct role for citizen

activism in the regulation of this citys alcohol establishments. There are

organizations across the country that can help provide a balance, instead of an

unsteady pendulum that swings too far to either extreme.

Lastly, I implore the Chairman, Committee, and respective agencies to

fully embrace and use the public policy tools at our disposal to change the

unbalanced and unhealthy retail landscape in Wards 7 and 8 that relies on liquor

stores.

Thank you for taking public input on this matter . I look forward to being a

part of the effort to find common ground.


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MAP OF LICENSEES IN 1-MILE RADIUS OF 7C


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Documents

SCBrown ANC7C04 Alcohol Omnibus Testimony