November 2023 6B Alcoholic Beverage & Cannabis Committee

HYBRID MEETING:  Tuesday, November 7, 2023 at 7:00 pm

LOCATION:  700 Pennsylvania Avenue, SE, 2nd Floor Conference Room
ZOOM LINK: https://zoom.us/j/94893575593
Passcode: 6Babc11-07
Join by Phone:  +13017158592,,94893575593#,,,,*4593613421#

Old Business

  1. ABRA-125171—DT Parentco LLC t/a Dos Toros Taqueria, 215 Pennsylvania Avenue SE; Application for a new Retailer’s Class “C” Restaurant License; Petition deadline: Nov. 20 [6B02]
  2. ABRA-125827—Omakase of Barracks Row LLC t/a Omakase @ Barracks Row, 522 8th Street SE, 2nd Floor; Application for a new Retailer’s Class “C” Tavern License ; Petition deadline: Nov. 20 [6B04]

Class A Renewals

  1. ABRA-193687 – Radici Uno (One Root), LLC t/a Radici, 310-303 7th Street SE; Application for the renewal of a Retailer’s Class “B” Grocery Liquor license; Hours of Sales:  Mon.-Sat. 7 am—11 pm; Sun. 7 am – 9 pm; Petition deadline Nov. 20 [6B02]
  2. ABRA-123471 – RRG Catering, LLC t/a Rose’s at Home, 721 8th Street SE; Application for the renewal of a Retailers’ Class “B” Internet Liquor license; Hours of Sales:  Sun-Sat. 7 am – 12 am; Petition deadline Nov. 20 [6B03]
  3. ABRA-100872 – Trader Joe’s East Inc t/a Trader Joe’s #622, 750 Pennsylvania Ave SE; Application for the renewal of a Retailer’s Class “B” Grocery Liquor license; Hours of Sales:  Sun.-Sat. 8 am—10 pm; Petition deadline Dec. 4 [6B02]
  4. LATE BREAKING:  Midagara L.L.C t/a DCanter, 545 8th Street SE; Retailer’s Class “B” Grocery Liquor license; Hours of Sales:  Sun.-Sat. 9 am—10 pm; Petition deadline Dec. 18 [6B03]

Other Business

  1. ABRA-077797—Café BISTRO Med, LLC t/a Café 8, Class “C” Restaurant License; Request to modify their existing liquor license to expand hours of sales on the interior to full hours and add an Entertainment endorsement for a DJ to play amplified music until 2 am.

Discussion Items

  1. Cannabis Rulemaking and Retailer Licensing
    • New Cannabis Retailer Introductory Presentation
  2. I Egg You Protest and Lessons Learned
  3. Notice to Cure for Establishments on the 500 block of Barracks Row
  4. ABRA law review and revision upcoming this fall

ANC 6B Standing Rules

STANDING RULES OF ADVISORY NEIGHBORHOOD COMMISSION 6B

These standing rules are designed to implement the requirements set forth in the ANC 6B Bylaws and to enhance the efficiency and operation of the Commission. The rules can be adopted or amended by majority vote at any Commission meeting.

I. COMMISSION ADMINISTRATIVE PROCEDURES

A. HANDLING NOTICE, REQUESTS

1. The Chair or his or her designee will distribute any notification of proposed action of the District of Columbia Government to the appropriate officer(s), Commissioner(s) and committee(s), as soon as possible. All notices and referrals shall be made available upon request.

2. Any Commissioner who wishes the Commission to support or oppose any District of Columbia government action shall transmit such request to the Chair prior to the Executive Committee meeting at which the agenda for the next scheduled Commission meeting will be determined. In situations where time does not allow for such notification, requests shall be transmitted to the Chair. In the latter situation, the Commission should follow the rules established for adding new matters to the agenda.

3. Proposals and requests for action from Commissioners shall be placed on the agenda for the next Commission meeting, unless the Executive Committee agrees that the proposal or request may be referred directly to a committee, special committee or task force.

4. Proposals for action, complaints or suggestions by residents may be made to the resident’s Commissioner, or to the Commission as a whole via e-mail, phone, at public forums or Commission meetings. Resident proposals will be considered by the Executive Committee for placement on the next meeting agenda.

B. NOTIFICATION OF DC GOVERNMENT

1. The Commission shall submit its written positions with respect to proposed actions by the District government or a statement that it has no position to the appropriate officials, board, agency or commission in a timely manner. The views of residents shall be taken into account in developing the Commission’s position on a case.

2. The Chair or Commission staff will be responsible for sending written positions to the appropriate officials, board, agency or commission. The written position must be signed by the Chair, or the Vice-Chair in the Chair’s absence, and include the officially recorded vote, date of the meeting at which the position was taken and indicate that a quorum was present. Copies of all written communications shall be maintained by the Commission. The Secretary signs resolutions.

C. DISTRIBUTION OF NOTICE

1. The Secretary shall ensure that all Commission meetings are appropriately noticed to the public. This duty can be delegated to Commission staff.

2. The Secretary shall maintain the Commission’s e-mail distribution list and post notices and agendas to the Commission website. This duty can be delegated to Commission staff.

3. Notice to the public is given in at least three of the following five methods:

1) Posting notice and agenda on the Commission website,

2) Sending an e-mail notification to the Commission e-mail distribution list,

3) Posting notification to neighborhood listservs,

4) Posting notice outside the Commission office, and

5) such other methods of distribution that the commission may approve.


D. MONITORING OF CITIZEN COMPLAINTS

The Commission will assist commission area residents in communicating complaints with respect to the delivery of District of Columbia government services to the government and may file comments on such services with the appropriate agency or body as well as with the Council of the District of Columbia. Comments may be submitted by a Single Member District Commissioner or by a vote of the full Commission.

E. VIRTUAL AND HYBRID MEETING PLATFORM

A. The Chair or their designee shall make available a virtual meeting platform to the chairs of each Committee and Task Force for use during Committee and Task Force Meetings upon request

B. If a virtual meeting is scheduled, the Executive Committee shall decide on the options and rules for each Commission, Committee, or Task Force meeting (chat, Q&A, open meeting or webinar, etc.). All platforms shall comply with the DC Open Meetings Act and ANC 6B Bylaws.

C. Each Commission meeting on the virtual platform shall be recorded and made available on the ANC 6B website within a week of each meeting and must be maintained in accordance with Section 742(b) of the Home Rule Act.

D. The chair or their designee may provide a hybrid meeting platform for use by the Commission, Committee, or Task Forces. A hybrid meeting platform is one in which participation can be either virtual or in-person.

II. MEETINGS OF THE COMMISSION

A. ATTENDANCE

1. The Secretary shall keep a record of the attendance of each Commission meeting. This duty can be delegated to Commission staff.

2. Any Commissioner who fails to attend four (4) regular meetings of the Commission in a single calendar year is automatically subject to sanctions as outlined in these standing rules.

3. Sanctions can be waived by the Chair or Commission if absence is due to extenuating circumstances, such as an illness or injury.

B. PLACE

Regular meetings of the Commission shall be held in compliance with DC Code 1-309.11. If a regular meeting of the Commission is held in-person or via a hybrid platform, the in-person location shall be within the boundaries of the Commission, unless authorized by the Executive Committee.

C. SCHEDULING & AGENDA

1. If any regular meeting of the Commission must be changed due to a holiday, emergency situation or other reason, the day and time of the rescheduled meeting shall be set by the Executive Committee. The Chair or Commission staff shall notify Commissioners if the meeting is rescheduled and post appropriate notice to the public.

2. The agenda for regular meetings of the Commission shall be initiated by the Executive Committee not fewer than seven (7) days preceding the next scheduled meeting, except where shorter time for good cause is necessary or in the case of an emergency.

3. The Chair, with the concurrence of a majority of the Executive Committee, shall finalize the agenda prior to its publication. A written agenda shall be provided to Commissioners, and notice of the agenda shall be provided to residents in the manner specified by the ANC 6B Bylaws and these standing rules.

4. The Commission may use a consent agenda to consider noncontroversial items during regular meetings of the Commission. All consent agenda items, with the exception of meeting minutes, must have been considered by a committee or task force.

5. 5. After Executive Committee meetings, the monthly agenda will be posted to the ANC 6B website and will include a note that an updated agenda with items divided between the consent and regular agenda will be posted on the ANC 6B website by the Friday prior to the full meeting.

6. Committee or task force chairs should notify the Chair or Commission staff of any items that should be moved to the consent agenda.

7. The Commission will consider the consent agenda at regular meetings of the Commission. The consent agenda must be approved unanimously. Any Commissioner can remove an item from the consent agenda prior to approval.

8. Additional matters, upon which Commission action is proposed, may be added after publication of the written agenda upon the request of any Commissioner, provided that a majority of Commissioners agree to add the item. Normally only those matters requiring action prior to the date of the next regularly scheduled Commission meeting should be added to the agenda pursuant to this procedure.

D. CONDUCT OF MEETINGS

1. The Chair of the Commission shall preside over all regular meetings of the Commission and special call meetings. Chairs of respective committees, special committees and task forces shall preside over those meetings.

2. In the absence of the Chair, the Vice-Chair will preside over regular meetings and special call meetings. In the absence of the Chair and Vice-Chair, the Commission shall elect a Chair Pro Tempore to preside over the meeting.

3. The Commission will set aside time at every regular meeting for comments from the community. Residents have up to 2 minutes to speak, and can speak to any topic. The Chair shall encourage residents who wish to speak on an agenda item to hold their comments until the item is considered by the Commission. If the Commission is using a virtual or hybrid meeting platform, the Chair shall ensure virtual participants have this same opportunity.

4. When proceeding through the agenda, the Chair will recognize the appropriate Commissioner to introduce an item. In introducing an item, the Chair or appropriate Commissioner may ask an applicant, resident or official to provide information to the Commission.

5. Once an item on the agenda has been introduced, the Commission will debate and deliberate the item. A Commissioner not involved in introducing the item may speak once per round. A Commissioner involved in introducing the item is not so constrained. Additional rounds of comments by Commissioners are appropriate after every Commissioner has had a chance to speak or declined an opportunity to speak. The Chair may exercise his or her prerogative in relaxing these rules if Commissioners desire to engage in a conversation or colloquy on a particular agenda item.

6. After the Commission has deliberated, the Chair will ask the audience for comments. An audience member may speak for up to two minutes on an item.

7. Once audience comments are complete, the Commission will complete any action on the item through consideration of a motion.

8. The Commission should try to keep introduction and consideration of agenda items to the estimated times listed on the agenda. However, the Commission can take additional time for consideration if necessary.


III. FINANCIAL AFFAIRS/PROCEDURES

A. BUDGET

1. The proposed budget, as tentatively approved by the Executive Committee, shall be posted on the Commission’s website.

2. Prior to the beginning of the fiscal year, the Commission must approve a budget.

3. The approved budget shall be submitted to the Council of the District of Columbia and to the Mayor within 60 days of approval.

4. No monies shall be obligated without prior authorization by the Commission at a public meeting.


B. REPORTS

1. The Treasurer shall prepare, and the Commission shall approve, a quarterly financial report within 45 days of the close of each fiscal quarter. These reports shall be public documents and shall be available for public inspection. The quarterly report shall be signed by the Treasurer and Chair, or the Vice-Chair in the Chair’s absence, and attested to by the Secretary as having been approved by the Commission, and shall be filed with the District of Columbia Auditor within the prescribed timeline.

2. The Treasurer may prepare for the Commission’s approval an annual financial report after the close of each fiscal year. The report shall be a public document and shall be available for public inspection.


C. DEPOSITORIES, AUTHORIZATION AND EXPENDITURE

1. The Commission shall designate one or more financial institutions within the District of Columbia as depositories of Commission funds by resolution

2. No expenditure whatsoever shall be made by the Commission during a vacancy in the office of the Treasurer or at any time a current and accurate Treasurer’s statement and either a bond or consent to membership in the ANC Security Fund are not on file with the District of Columbia Auditor.

3. The signature of either the Treasurer or the Chair, plus that of one other elected officer of the Commission, shall be required on every check drawn on the Commission bank account. 4. Commissioners seeking reimbursement for Commission-approved expenses must submit the reimbursement request in writing to the Treasurer along with a receipt.

IV. TESTIFYING/REPRESENTATIONS BEFORE DC GOVERNMENT

A. TESTIFYING AS AN INDIVIDUAL COMMISSIONER

1. An individual Commissioner may freely represent himself/herself and his/her Single Member District in written or oral testimony before any entity of the legislative or executive branch of government or any independent boards and commissions. The Commissioner shall share any written testimony or a summary of his/her oral testimony with the full Commission within ten days of delivering/submitting the testimony. Individual Commissioners are encouraged to submit written testimony prior to delivering the testimony.

2. When testifying as an individual citizen or a constituent representative of his/her Single Member District, the Commissioner must state for the record that 1) he/she is not representing the Commission so as to minimize the possibility of conflicting representational roles, and 2) whether his/her views are contrary to the official ANC position, or that the ANC does not currently record a position, whichever is the case.

3. Failure to follow these rules may subject an individual Commissioner to sanctions outlined in these standing rules.

B. TESTIFYING ON BEHALF OF THE COMMISSION

1. The Commission may authorize and appoint Commission staff or a contracted entity to represent the Commission before any entity of the legislative or executive branches of government or independent boards or commissions.

2. If the Commission as a whole has not appointed anyone to represent the Commission on a particular matter before an entity of the legislative or executive branches of government, or before an independent board or commission, the Chair, in their discretion, may appoint a committee chair or one or more individual commissioners, or both a committee chair and one or more individual commissioners, to represent the Commission in the matter.

3. Before a Commissioner, Commission staff, or contracted entity may represent the Commission before any entity of the legislative or executive branches of government or independent boards and commissions, the Commission must first approve an official position.

4. When representing the Commission, Commissioners, Commission Staff, and contracted entities are bound by the official position(s) of the Commission and must state for the record 1) that they are representing ANC 6B and 2) the date and tally of the officially recorded quorum vote authorizing the position.

5. If possible, Commissioners, Commission Staff, or contracted entities shall prepare and share a copy of their written testimony or filings and a summary of their planned oral testimony with the full Commission. If extenuating circumstances make sharing testimony or a summary not possible, the Commissioner, Commission staff, or contracted entity must share the written testimony or a summary of the oral testimony within ten days of delivering/submitting the testimony. In instances where filings of motions, briefs, or additional complaints are necessary, the Chair may designate a Commissioner as a Point of Contact for the Representative of the Commission to copy on all filings.

6. If a hearing for which the commission desires to communicate an official position before a government entity is scheduled to occur before the next regular Commission meeting, the Executive Committee may meet and approve an official position, if necessary, and appoint a Commissioner to testify at the hearing. The Commissioner wishing to testify or represent himself/herself on the Commission’s behalf shall submit a draft of the proposed testimony to the Executive Committee prior to consideration. If extenuating circumstances make this not possible, the Commissioner should submit a brief summary of his/her planned testimony to the Executive Committee. The full written testimony or summary of oral testimony must then be shared with the full Commission within ten days of the delivering/submitting of the testimony, or in advance of the next regular meeting of the Commission, whichever is sooner.

7. If the Executive Committee takes an official position and appoints a Commissioner to testify due to the timing of a hearing, the full Commission must ratify or rescind the Executive Committee’s decision at the next regular meeting. If the testimony is rescinded, the Commission shall send a letter to the appropriate entity indicating that the representative’s testimony is not the position of the Commission. 8. Failure to follow these rules may subject an individual Commissioner to sanctions as outlined in these standing rules.

8. In seeking a contracted entity to represent the commission, the Chair or designee shall negotiate the terms of the contract. The contract must then be approved by the Commission.

C. REPRESENTING THE COMMISSION ON AN EXTERNAL BODY 1. The Chair may select an individual Commissioner to serve as a representative for the Commission on an external body. Any representative of the Commission on an external body must faithfully represent official positions of the Commission with the external body. 2. Failure to faithfully represent the ANC’s position while acting as an official representative of the Commission on an external body may subject the Commissioner to sanctions as outlined in these standing rules.

V. COMMITTEES, SPECIAL COMMITTEES, TASK FORCES

A. MEMBERSHIP IN STANDING COMMITTEES, SPECIAL COMMITTEES AND TASK FORCES 1. Membership in standing committees, special committees and task forces shall be composed of Commissioners and Resident Members. All Commissioners are members of all committees and task forces.

2. As stated in the Commission’s Bylaws, there is a limit of one Resident Member per Single Member District (SMD) on standing committees.

3. Chairs of special committees and task forces can decide whether to allow more than one Resident Member per SMD.

B. MEETING PROCEDURES
1. The Executive Committee will schedule regular meetings and approve agenda at least five days in advance of the meeting.
2. In approving a position or request, committees or task forces may request that item to be placed on the consent agenda for the following Commission meeting subject to standing rules II.C.(4-7)
3. The Chair may add an item or the committee or task force may amend the agenda set by the Executive Committee. Items added by the Chair or committee shall be noted as [LATE BREAKING] and shall not be placed on the consent agenda at the following Commission meeting
4. The Commission Chair may call a special meeting of a committee or task force without approval by the Executive Committee. Items considered at special meetings shall not be placed on the consent agenda at the following Commission meeting.
5. In the absence of the Chair and Vice Chair, committees and task forces shall appoint a Chair Pro Tempore for the duration of the meeting.
6. Meetings are not bound by the Place requirements in standing rule II-B and may be held in virtual or hybrid environments.

C. ACTION/REPORTS Committees should prepare written reports following each committee meeting. Reports should include brief summaries of cases considered and clearly state committee recommendations. The report should be circulated to the full Commission and any resident members serving on the committee for review. Committee/task force chairs should strive to send final reports to Commission staff 48 hours prior to a regular meeting, unless the committee/task force meeting takes place the night prior to the regular meeting. The final written committee report should be posted on the Commission’s website no later than 24 hours prior to the regular meeting of the Commission where the committee’s recommendations will be considered.

VI. SANCTIONS


A. VIOLATION OF BYLAWS/STANDING RULES

1. Infractions of Commission Bylaws and these standing rules should be recognized and remedied in the best interests of the Commission as a whole.

2. Should an alleged infraction be incurred by the willful or negligent performance of a Commissioner, the matter should be referred in writing to the Chair. The Chair will then refer the matter to the Parliamentarian for a procedural check. If the Parliamentarian finds a potential infraction, the Executive Committee will discuss the facts of the situation and any pertinent documentation at an Executive Committee meeting. If the Executive Committee recommends sanction, the full commission will vote on the recommendation. If the Executive Committee does not recommend sanction, the alleged infraction will be dismissed.

3. During either a regular meeting or special call meeting of the Commission, the full Commission will hear a report from Executive Committee and the accused Commissioner. The suspected Infraction must be clearly detailed by the Executive Committee and the accused Commissioner must be given an opportunity to defend his/her actions.
4. If two-thirds of the Commission agrees with the Executive Committee’s recommendation that an infraction has occurred, the Commission Chair shall draft a letter detailing the infraction, signed by all assenting Commissioners, and post the letter to the Commission website. The letter should also be sent to the Commission e-mail distribution list. If the infraction relates to testimony before an external body, the Commission Chair will draft a letter to that body detailing the infraction and clarifying the Commission’s official position, if any.

5. If the full Commission does not agree with the Executive Committee’s recommendation that an infraction has occurred, the Commission Chair shall draft a letter that details the charges and extends full exoneration to the accused Commissioner. The exoneration letter shall be posted to the Commission website and sent to the Commission e-mail distribution list.


VII. OFFICE SUPPLIES/FUNCTIONS


A. OFFICE SUPPLIES/USE

1. The Commission maintains a storage space at Eastern Market, 225 7th Street SE. All Commissioners have equal access to the Commission storage space, computer, files and other Commission property.

2. The Commission storage space and all supplies must be used solely in performing the duties and functions of the Commission.

3. The official Commission mailing address is Advisory Neighborhood Commission 6B, 921 Pennsylvania Avenue SE, Washington, DC 20003.

B. USE OF OFFICIAL LETTERHEAD An individual Commissioner may not utilize official ANC 6B letterhead stationery except as specifically authorized by ANC 6B resolution. Copies of any correspondence sent on official ANC 6B letterhead must be provided and placed in the ANC electronic or physical files within a reasonable period of time following dissemination. An individual Commissioner may use a version of the letterhead stationery clearly identifying that individual ANC 6B Commissioner’s name and contact information but otherwise resembling the ANC 6B letterhead stationery, including the ANC 6B logo, as follows: (i) the correspondence must relate to ANC 6B activities and/or issues related to community and constituent issues affecting the SMD; and (ii) the document must explicitly state within the embedded permanent form of the letterhead that the correspondence has been prepared by and solely on behalf of its author, and does not necessarily represent the view of the entire ANC 6B.

C. USE OF LOGO Commissioners may use the Commission logo only on materials directly related to ANC activities, including but not limited to informational materials, business cards, email signature blocks, and correspondence. by SMD commissioners on campaign materials or for any personal or private business purposes whatsoever.


VIII. FUNDS AND GRANTS


D. POLICY ON USE OF FUNDS
1. Funds made available to the Commission are to be used primarily for supporting the services (staff salaries, office space, equipment, supplies, reports, publications, etc.) required to discharge the advisory responsibilities mandated by law, and to undertake the operation of limited programs permitted by law. 2. The Commission shall not regard itself as a governmental funding or grant dispensing agency. It shall not be a regular source of funds to subsidize community group operations and activities. 3. In distributing funds/grants to community groups, the Commission shall follow rules for disbursement approved by the Commission and consistent with DC law.


IX. EMPLOYEES


A. POSITION AND QUALIFICATIONS
1. The Commission may hire staff to help perform its duties. The Commission shall establish and maintain position descriptions for its employees. 2. The employees of the Commission may be hired on a full-time or part-time basis, and for an indefinite or definite term. 3. All Commission employees who are paid shall be residents of the District of Columbia, and preference will be given to persons who are residents of the Commission area.

B. HIRING AND TENURE 1. All employees of the Commission shall be hired by the Commission and shall serve at the pleasure of the Commission. 2. All employees of the Commission will serve the Commission and report directly to the Chair. 3. The Chair may delegate appropriate duties to Commission employees, as long as such is consistent with the Commission Bylaws and these standing rules.

C. EVALUATION All Commission employees will be evaluated on their performance annually. The Chair will meet with employees to conduct the evaluation, and Commissioners will be asked to submit to the Chair any feedback on employee performance prior to the evaluation session.

X. MISCELLANY

A. CONTRIBUTIONS The Commission may not solicit or accept funds from a Federal or District Government agency or private sources unless the funds are specifically or previously authorized by approved legislation of the Council of the District of Columbia or are in amounts that are exempted from this requirement for Council authorization by DC law.

B. FILING OF BYLAWS The Commission shall file an up-to-date copy of the Commission bylaws, and all amendments thereto with the Council of the District of Columbia within seven days of their adoption.

Adopted: September 17, 2012 Amended: January 8, 2013 Amended: January 22, 2013 Amended: January 13, 2015 Amended: February 10, 2015 Amended: January 12, 2016 Amended December 13, 2022