THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Rudraaksh, LLC tI a Masala Art

Application for Renewal of a Retailer's Class CR License

at premises 4441Wisconsin Avenue, N.W. Washington, D.C. 20016

Rudraaksh, LLC, tla Masala Art (Applicant)

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License No. Order No.

ABRA-082973 2013-164

Jonathan Bender, Chairperson, on behalf of Advisory Neighborhood Commission (ANC) 3E

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

ORDER ON SETTLEMENT AGREEMENT

The official records of the Alcoholic Beverage Control Board (Board) reflect that Rudraaksh, LLC, tla Masala Art (Applicant), and ANC 3E have entered into a Settlement Agreement (Agreement), dated April II , 2013, that governs the operation of the Applicant's establishment.

The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Applicant and Chairperson Jonathan Bender, on behalf of ANC 3E, are signatories to the Agreement.

Rudraaksh, LLC tJa Masala Art License No. ABRA-082973 Page 2

Accordingly, it is this 8th day of May, 2013, ORDERED that:

1. The above-referenced Agreement submitted by the parties to govern the operations of the Applicant's establishment is APPROVED and INCORPORATED as part of this Order; and

2. Copies of this Order shall be sent to the Applicant and ANC 3E.

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Rudraaksh, LLC tla Masala Art License No. ABRA-082973 Page 3

District of Columbia Alcoholic Beverage Control Board

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Pursuant to 23 DCMR § 1719.1 (April 2004), 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.

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YOLlJNP,RY AGREEMENT

./>::.'1 I VOLUNTARY AnREEMENT (The "Agreement") made tho, _1_(_ da~ o~ 2013,

by and between Rudrnaksh LI C t/~! Ma>ala An ("Applkant") and Ad','I,ory -r..re!ghborhood Cmmmssion ("ANC") 310.

WI-iER.EA'S, pendlllg berore the Dlst:ict oICoJurnbia AlcoholIc Beveml'8 Con1rol Board (the "Board") is tbe ApPJ i~ani' ; rene'.',al for a Relaiier Class CR. Restaurant Jiquor l.i~lJS~ 1'01

premises at 444lFlWiscomin Ave, NW, Washmgton, D.C ; anJ

WHEREAS the Apr-lit· ant anJ the ,\NC have agreed 10 en:')r intI) thIS Agrt;cmcnt snd I~V(st :he Board to appwv<,!pe 1!·.,u301ce or the !\C"nse, comlttioned upun Apphcant's comphanc~ \\'ith \~e telms anc..i \,'I)n\.Htit)Oj of this WiiH..:n agteerlu:nt

NOW, THEf<EFORF. in consideration of the reCItals set forth ahov,,_ tile mutual covenants and conditicns ,et forth b __ Io\\ , and oiher goon ar,d ,aluable wns Ido!l 3t1(ln , the partIes a~"Iee as folio".,,'

1, Applicant shall optrate d <"UII<1. lid<' rcsmunmt on liS prtml&e!: .

2 The re3umrant £hall have J m""inllm1 01'45 sea~ in;IJe fOJ t.o,e cXc]\is.vc use of dining patf')J1_~

3 Applicanr ~ hllurs vf operation w,ll be 11 OC a.m. to 1.1 (JO P Ill. Mo"dd~, tltrvug!I, Sunda' ..

4. Applicant,r~11 offer f00J ,ervice to !ts patron, at a!{ (t;nes It IS open.

5. ApphO:J'lt plans I" ofTer tak":·;Ju t food and dell very SCIV C~ bllt ".11 not pro\,ll1e

aJxr.(.\ic b~\eJages on a taKI.:.·{lHt (Ii ,1diYery ha.<:;is.

6. Othcrthan the ,rf¥1 :mmittcd by zoamg aoove its e>1abli,pmcnl A i'pliCaof shall JispJsy srnv.!J sIgns, no Jargt:rthan mo fe~t by thrc~ feet, ad'.-ertl",mg food specials only ,

7 Applicant may pro; ide sc.tt .hve or rocord~d musk R~ backg/O~nd musIc for dining If a cll~tomer r~m:s the \~LJre (e:o;taurant tor a ?n':~te \:'!'-it!ni, J\,pp1ic.ant may allow live (I}"

l.!corcteJ mU;I': dUHlIg th·: t.mo: p"noil nf that C' ,t'n! only. Tlte mu,,;C ';hnli b~ inaudible fr:JlY, the sld,' walk when tht' dnO!, 10 the reSldlJr:mt aJ ~ dlJ,ed.

8 AJ'plicant Will :nak~ su;-" tpat tlt~ ~rN sul1(Jundmg the e~ tel:'" <'f the restawant is Cl~arJ, ihat the trash is prop~dy dl~poscd uf and that (lie gen~ral 8jlpt;8lance is III gu<Y.i order.

. (J, Applicant shaH e'Jmpl) ,,'{lih the Civil inrractiuns Acl 3nd {I.e Utta CJlItml Law. ~~' ...... /~ Applkant shall wl'rl: \\lth 5urmundil,g h:;!'.messe-~ to enSUI ~ rlJat It~ tr~sh i~ re1i1oved 'io a Ilmely . , . .,.

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manner anJ its trast: receptacles remain c1ost"d and fn:e ohcrmm at all ti!l1es. Applicant wjlJ

l.imit noise after clo~mg "ben dq)ols:ting trash and bottles in ·,ecepl.lcles.

10. II PP[,cant shal! maintain Its VtlltiJation syst:!1'\1 In proper workmg ord~r and sball imm~diatc1y addre. s any neight'<'ruuoo c<>nrems about odors

.11. Apphc311t ./wl! complv wi;h ~" <.ction 5(dA3) oftile D .C. N'ei5e Con;.!,,1 Act a, it pertains to busi;u:s3~ and <mUTe th,lt nOI<e 1j-nm ?Il i'l""h"nical equipment (air condltilJni::lg, refrig(.rator, blOat pump, fall. or ,,\her) shall be pr0h..hi{(J io excess of ('-0) dSa whEn measured at the properly lill': (>T as close to (hi; pml'crrJ lin" 81 pracuctll if there is an "bstruct'ol!

12. A.lY contemplat~d changes to A ppJicant' S l'Dcration will be brought tOlhe 3tt~ntlOn of the ANC PliOrtO .impJcm~ tation and will h~ Implementeo only aflc( f.NC approval.

13. If the ANC learns of a ,iol01l0n of the rrovis1on8 of this Vo1umarJ Ab.,.e~[f]ent, Applicant sldl be noufied i,} writJng. A n) il,'t:J.:;~S Teq'll'.fd to be giycn lir.de, this f' .'if<'Crno' lIt ~hall be In writing <ind Il1di!ed by cer.:ifk d 1;,"";1 or hand de1iver'.:d to th~ othel parti.c8 to this Agreement. Notice is to 00 ;;i',cn '" 1.r.lJows:

If to Appi!cant·

Rudr3llksh LLe Va M..lsaia .A r1 44418 Wisconsin Ave, NW W,,,hill11ton, DC ::0016

tfto ANC:

ANC3F. cio l isncr Heme. Suit>.! #219 Wash.illgtn!l, DC 200 ).6

IN WI rNE~S V,1ffiJU:OF, the partle~ have e'((!Cut~d tIns Ab'T'!tfllt"Jl! as M'tlle Jay and y"..r stated b;;!ow'

131.' ", ' .-

Ptirt Name'

Date Signed'

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" /(.'1/'" .. -1 , .f ::. \ 'I . . ........ . ..

ADVISORY NEIGHBORHOOD COMMISSION 3E TENLEYTOWN AMERICAN UNIVERSITY PARK FRIENDSHIP HEIGHTS

c/o Lisner-Louise-Dickson-Hurt Home S42S Western Avenue, NW Washington, DC 20015 www.anc3e.org

Resolution Regarding Application by Rudraaksh LLC t/al Masala Art for a Renewal of Retailer Class CR Restaurant Liquor License, ABRA No.082973

WHERAS, Rudraaksh LLC t/a/ Masala Art ("Applicant") has applied to the District of Columbia Alcoholic Beverage Control Board (the "Board") for a renewal of its Retailer Class CR Restaurant liquor license for premises at 4441B Wisconsin Ave., NW, Washington, D.C.; and

WHEREAS, to date ANC 3E has heard no objections to this renewal;

NOW THEREFORE BE IT RESOLVED, ANC 3E supports the Applicant's renewal of its retailer Class CR Restaurant liquor license, provided that it adheres to the attached Voluntary Agreement. ANC 3E and the Applicant respectfully ask ABRA to incorporate the terms of the Voluntary Agreement to the fullest extent possible in any order it issues regarding the subject matter.

ANC 3E approved this resolution at its meeting on April 11, 2013, which was properly noticed and at which a quorum was present. The resolution was approved by a vote of 4-0. Commissioners Jonathan Bender, Elizabeth Haile, Tom Quinn and Sam Serebin were present.

Dlgrt~lIy slgnll!d by Jonath;1n Bender

Jonatha DN;cn~onathanBender, emilll_Jbender@lbuslnI!5SI ~wyl!r.com, o=law OfficI! n Be n d e r ~~O;i'than Bender, P.e.,

ANC3E

Date: 2013.04.16 01 :06:57 -04'00'

By Jonathan Bender, Chairperson

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Rudraaksh, LLC, tl a Masala Art

New Application for Retailer's Class CR License at premises 4441B Wisconsin Avenue, N,W. Washington, D.C. 20016

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Rudraaksh, LLC, tla Masala Art, Applicant

License Number: 82973 ORDER NUMBER: 2009-242

Jane Solomon, Chair, Advisory Neighborhood Commission (ANC) 3F

BEFORE: Peter B. Feather, Chairperson Mital M. Gandhi, Member Nick Alberti, Member Charles Brodsky, Member Donald Brooks, Member Herman Jones, Member

ORDER ON VOLUNTARY AGREEMENT

The official records of the Alcoholic Control Board (the "Board") reneet that Rudraaksh, LLC, tla Masala Art ("Applicant"), filed an Application for a New Retailer's Class CR License located at 4441B Wisconsin Avenue, N.W., Washington D.C. The Applicant and Jane Solomon, Chair, ANC 3F (the "Parties"), have entered into a Voluntary Agreement (Agreement) dated September 21,2009, setting forth the terms and conditions that govern the operation of the Applicant's establishment under a stipulated license.

The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Applicant and Chairperson Solomon are signatories to the Agreement.

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Rudraaksh, LLC tfa Masala Art License No: 82973 Page 2

Accordingly, it is this 30th day of September 2009, ORDERED that:

1. The Application filed by Rudraaksh, LLC, tfa Masala Art, for a new Retailer's Class CR license located at 4441B Wisconsin Avenue, N.W., Washington, D.C., is GRANTED as a STIPULATED LICENSE,

2. This above-referenced Volw1tary Agreement submitted by the Parties to govern the operations of the Applicant's establishment is APPROVED and INCORPORATED as part of this Order; and

3. Once the Roll Call Hearing date of November 16,2009, has passed with no opposition to this Application, this Voluntary Agreement shall be adopted and incorporated into the operation of this establislnnent under a permanent license.

4. Copies of this Order shall be sent to the Applicant and ANC 3F.

District of Columbia Alcoholic Bevera e Control Board

Peter B. Feather, Chairperson

andhi,Memj

Nick Alberti, MCM:-

Pursuant to 23 DCMR § 1719.1 (April 2004), any party adversely affected may file a Motion for Reconsideration of this decision within ten (l0) days of service of this Order with the Alcoholic Beverage Regulation Administration, 941 NOlih Capitol Street, N.E., Suite 7200, Washington, D.C. 20002.

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VOLUNTARY AGREEMENT

Made this<f.L day of September 2009 by and between Rudraaksh LLC tla Masala Art (the Applicant) and Advisory Neighborhood Commission 3F, North Cleveland Park, Forest Hills and Tenleytown (the ANC).

WHEREAS, pending before the District of Columbia Alcoholic Beverage Control Board is the Applicant's application for a new Retailer'S Class "CR" (Restaurant) Liquor License No. ABRA-082973 for its premises at 4441B Wisconsin Avenue, N.W.; and

WHEREAS, both the Applicant and the ANC (the Parties) desire to enter into an agreement commemorating certain understandings regarding the Applicant's operating plans;

NOW THEREFORE, in consideration of the premises herein recited, and the mutual covenants and promises set forth below, the parties agree as follows:

1. The Applicant shall operate a bonafide restaurant on its premises.

2. The restaurant shall have a maximum of 45 seats for the exclusive use of dining patrons.

3. The Applicant's hours of operation will be II :00 am to II :00 pm, Monday through Sunday,

4. Alcoholic beverages will be served primarily in conjunction with full meal service. The Applicant shall offer food service to its patrons at all times it is open. At no time shall a patron be able to purchase an alcoholic beverage from the Applicant and not be able to purcbase food from the Applicant.

5, The Applicant plans to offer take-out food and delivery service, but will not provide alcoholic beverages on a take-out or delivery basis,

6. The Applicant will offer only soft, recorded background music for dining. The Applicant will offer no fom) of live entertainment. The Applicant shall permit no form of dancing.

7, The Applicant shall not install or utilize any eqUipment for video games or juke boxes.

8. The Applicant shall post no signs in the windows Or outside the restaurant adVertising liquor sales, happy hours, or the like.

9, The Applicant shall comply with all aspects of the Civil Infractions Act and the Litter Control Administration Act. The Applicant shall ensure that its trash is removed in a timely manner. The Applicant shall ensure that trash receptacles remain closed and free of velmin at all times, The Applicant willlimij noise after closing when disposing of trash and bottles in the receptacles.

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10. The Applicant shall maintain its ventilating system in proper working order at ail times and shall immediately address any neighborhood concerns regarding odors.

11. The Applicant shall comply with Section 5(d)(3) of the D,C. Noise Control Act as it pertains to businesses and shaH ensure that noise from all mechanical equipment (air­conditioning, refrigerator, heat pwnp, fan, or other mechanical equipment regardless of location) shaH be prohibited in excess of sixty (60) dBCA) when measured at the property line or as close to the property line as practical if there is an obstruction.

12. An ABC licensed manager, conversant with all aspects of this agreement, shall be on site at the Applicant's premises during all hours of operation.

13. Any and aJl contemplated changes to the Applicant's operation, as set forth herein or otherwise, will be brought to the attention of the ANC prior to implementation and will be implemented only after ANC approval, and when required by rules and regulations, ABC Board approval.

14. In consideration of and in reliance upon the commitments reflected in Paragraphs 1-13 above, the ANC will advise the ABC Board that it does not oppose the Applicant's application for a Retailer's Class "CR" liquor license.

15. The Parties further agree that any failure oflhe Applicant to adhere to the foregoing commitments would constitute grounds for the ANC to petition the ABC Board for issuance of an order to show cause to gain the Applicant's compliance with the tenus of the Agreement.

IN WITNESS WHEREOF, the Parties have affixed hereunto their hands and seals On the year and day first above written

---;:::--/"1~-lt7J--====I=~::::....,.~:.-------- for the Applicant

~~~-A~4t1-1::::::::==::==:::~------_ Chair, ANC 3F

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