Report of ANC 6B Executive Committee

September 21, 2010

Executive Committee meeting in special call session of August 26, 2010

On August 18, 2010, the Alcoholic Beverage Control (ABC) Board issued Order No. 2010-428 granting an exemption to single sales ban Eastern Thrifty Market. Under the ABC regulations, the ANC had 10 days in which to file for reconsideration of that decision. Thus, the Executive Committee called an emergency Executive Committee meeting for August 26. The ANC By-laws allow the Executive Committee to act on behalf of the ANC in such situations -- pending ratification of the decision of the full ANC.

In order to meet the require 10 day time limit, at that meeting the Executive Committee with a quorum present unanimously decided to file a request for reconsideration of the ABC Board's decision to allow Eastern Thrifty to sell singles. The reconsideration is based on that fact that the ABC Board ignored the strong neighborhood opposition to this exemption and that the Board misapplied the law by shifting the burden of proof from the applicant to the ANC and the community.

The question before the ANC is whether the ANC should agree to the action of the Executive Committee to file the request for reconsideration.

Executive Committee action at regular meeting of August 31, 2010

Park Cafe

The ANC was notified that the ABC Board would be holding a hearing on September 15 the protest filed against the Park Cafe by the neighbors. At issue was the granting of a license for a side walk cafe. The sidewalk cafe license was granted by the ABC Board without hearing or notice to the ANC. Subsequently, the neighbors filed a protest on the renewal of the license which was dismissed by the Board. The neighbors then asked for the ANC's support their protest and the re-instatement of their protest. In order to be able to timely file comments with the ABC Board, at the regular meeting of the Executive Committee, Executive Committee authorized a letter to the ANC on the Park Cafe stating that we support re-instatement of the protest of the neighbors on the grounds that since the neighbors were not given a chance to weigh in on the sidewalk cafe.

The question before the ANC is whether the ANC should agree to the action of the Executive Committee to write a letter of support for the neighbors protest.

ABC legislation

The City Council had scheduled a hearing for Monday September 20 on pending ANC legislation. Comments on this legislation were due by close of business Tuesday September 21 -- before the next full ANC meeting. Thus, at the regular meeting of the Executive Committee, the Executive Committee authorized the Chair or his designee to testify before the Council on the ABC bill and specifically raise the following issues: 1) the need to put in law what constitutes a "substantial change" to prevent a re-occurrence of the Park Cafe sidewalk cafe incident; 2) the need to put clearly in law that an application for exemption for sale of single present clear evidence why the ANCs recommendation should not be follow -- specifically that the presumption is with the ANC's recommendation and that the sale of single should be banned.

The question before the ANC is whether the ANC should agree to the action of the Executive Committee to authorize testimony on the ABC legislation.

ANC and proposed legislation

The ANC was notified that the Council is considering changes to the open meetings act. While proposed with the best of intentions, the Executive Committee is concerned that this legislation would severely limit the ability of the ANC to represent our constituents. At the regular meeting of the Executive Committee, the Executive Committee authorized the Chair or his designee to testify on concerns over the impact on ANCs of the proposed open meetings legislation before City Council.

The question before the ANC is whether the ANC should agree to the action of the Executive Committee to authorize testimony on the ABC legislation.