7/28/2019 NURISH and ADC Voluntary Agreement Discussion Draft

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Discussion Draft

May 20, 2013

Not Intended for Wide Distribution

VOLUNTARY AGREEMENT BETWEEN NURISH FOOD & DRINK AND

ARCH DEVELOPMENT CORPORATION

ADVISORY  NEIGHBORHOOD COMMISSION 8A

THIS AGREEMENT is entered into by and between NURISH Food and Drink, acorporation organized under the laws of the District of Columbia, hereafter referred to as“Applicant”) and the Advisory Neighborhood Commission 8A (herein referred to as “ANC”). 

WHEREAS, the Applicant has applied for a Class CT tavern license from the District of Columbia Alcohol Beverage Regulation Administration (ABRA) for its planned business at 1231Good Hope Rd SE Washington, DC 20020 within the Anacostia Arts Center whose propertyowner is ARCH Development Corporation, a Ward 8 nonprofit in Historic Anacostia. ARCHDevelopment Corporation has granted a lease to NURISH Food and Drink to operate on their 

 premise located at 1231 Good Hope Rd SE.

WHEREAS, the ANC wants to foster the development and growth of responsible businesses serving the neighborhood;

 NOW, THEREFORE, be it AGREED:

1.  TERMS OF THE LICENSE The Applicant will comply with all the laws andregulations governing the operation of a licensee in the class applied for and approved byABRA. The Applicant will further comply with any specific terms set by ABRA includingthose terms in the instant Agreement as ABRA may incorporate them as additional terms of the license.

2.  HOURS OF OPERATION. The Applicant will not sell alcoholic beverages before or after ABC regulated hours.

3.  INTOXICATED PATRONS. The Applicant will not serve alcohol to any patron whoappears intoxicated. The Applicant will prevent other patrons from providing alcohol to any patron who appears intoxicated. The Applicant will ensure that its staff is trained inidentifying and refusing service to intoxicated patrons and preventing intoxicated patronsfrom further alcohol consumption.

4.  UNDER AGE SALES. The Applicant will not sell to, deliver to or permit any personunder the age of twenty-one years to consume alcohol on the premises. The Applicant willensure that its staff is trained in preventing alcohol consumption by underage patrons.

5.  OFF-PREMISES SALES The Applicant will not make any sale of alcoholic beverages intended for consumption outside of or off its premises.

6.  LOITERING. The Applicant must use its best efforts to discourage and stop loiteringoutside, on or about its premises including the alley. In addition to contacting the policewhen loiterers refuse to leave, the Applicant will take all reasonable and lawful acts todiscourage and stop loitering. Best efforts will be judged by the Applicant’s adoption of best practices as they are developed or coordinated with the Metropolitan Police Department andor the ANC.

7/28/2019 NURISH and ADC Voluntary Agreement Discussion Draft

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Discussion Draft

May 20, 2013

Not Intended for Wide Distribution

7.  LIGHTING. During its hours of operations, the Applicant will keep the area immediatelyoutside its premises (front of the building) well-lit.

8.  ILLEGAL ACTIVITIES, PUBLIC DRINKING AND PUBLIC NUISANCES. TheApplicant will contact the Metropolitan Police Department and report any suspicious or 

unlawful activity conducted inside, outside or about its premises including but not limited to public drinking. The Applicant will not sell single cigarettes, cigars, cigarette rolling papers, plastic bags or any paraphernalia commonly known to be associated with illegal drug use.The Applicant will not maintain or cause to be installed any public telephone on, outside or about its premises.

9.  LITTERING. The Applicant will take reasonable measure to ensure that the followingare kept litter free (i) the premises (ii) immediate environs of the establishment adjacent tothe alleys, sidewalks, or other public property immediately adjacent to the establishment, or (iii) other property used by the Applicant to conduct its business.

10. GRAFITI. The Applicant will promptly (within 10 days) remove or paint over anygraffiti on the exterior walls of the premises.

11. ON-GOING COOPERATION. The Applicant will respond within 14 calendar days

to any written complaint received from the ANC and such response must identify any effortsthe Applicant is taking or intends to take to address the complaint and the underlyingconcerns in the complaint. If the Applicant does not plant to take any action to address thecomplaint, the Applicant should state so in its response.

12. PUBLIC INSPECTION. The Applicant agrees to have a copy of this Agreementavailable upon request at the location of the business.

13. MOST FAVORED NATION. ANC will enter into a voluntary agreement with any and allfuture ABRA applicants including applications for renewals or substantial change. ANC willnot enter into any agreement on more favorable terms with another ABRA applicant than theinstant agreement. Any of the above provisions found to be excluded from a futureagreement where the conditions and or circumstance are sufficiently similar to those of theApplicant will become unenforceable against the Applicant until such time as the provision ismade applicable to the other ABRA applicant.

14. ENFORCEMENT: The provisions of this Agreement shall become part of theconditions of the ABC license and shall remain in force for the duration of renewal period of the license. Except as provided in paragraph 13, an alleged violation of this Agreement mayconstitute a basis for the ABC board to initiate a show cause hearing upon a complaint of thealleged violation by ANC. The right to seek enforcement of any provision of this Agreement belongs exclusively to the ANC.

15. OPPORTUNITY TO CURE. Except for alleged violations of general law proscribed bysections 2, 3 and 4, the ANC ordinarily will provide the Applicant an opportunity to cure anyalleged violations after providing the Applicant an opportunity to be heard on the allegations.

16. SEVERABILITY. In the event any provision of the above provisions is deemed to bevoid, invalid or unenforceable that provision will be served from the remainder the

Agreement so as not to cause the invalidity or unenforceability of the remainder of thisAgreement and the remaining provisions will continue in full force and effect.

17. MODIFICATION. This Agreement may be modified only upon the written and signedagreement of all parties.

Kera Carpenter ________________________ Duane Gautier __________________________ 

 NURISH Food and Drink ARCH Development Corporation