the district of columbia alcoholic beverage …...["applicant"), annie wallace, tawana v....

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THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD In the Matter of: A and A, LLC t/a Georgia Line Convenience Store Holder ofa Retailer's Class B License at premises 5125 Georgia Avenue, NW Washington, D.C. 20011 ) ) ) ) ) ) License No.: ABRA-091196 ) Order No.: 2017-296 ) ) ) ) ) A and A, LLC, t/a Georgia Line Convenience Store (Licensee) Ann Wallace and Tawana Waugh, on behalfofa Group ofTen Individuals BEFORE: Donovan Anderson, Chairperson Nick Alberti, Member Mike Silverstein, Member James Short, Member Jake Perry, Member Donald Isaac, Sr., Member ORDER ON AMENDMENT TO SETTLEMENT AGREEMENT On January 15,2004, Ann Wallace and Tawana Waugh, on behalfofa Group of Ten Individuals, and a previous holder of a Retailer's Class B license for the premises located at 5125 Georgia Avenue, NW, entered into a Settlement Agreement. A and A, LLC, t/a Georgia Line Convenience Store (Licensee), as the subsequent and current holder of that license is required to comply with the terms of the Agreement, dated January 15,2004, that governs the operation of the Licensee's establishment. This matter comes now before the Board to consider the Parties' Amendment to Settlement Agreement (Amendment), dated May 8, 2017, in accordance with D.C. Official Code § 25-446 (2001). ) 1

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Page 1: THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE …...["Applicant"), Annie Wallace, Tawana V. Waugh, Betty Muse, Marie Bass, Rural Bass, Christine Lowe, Maggie H Whaley, Welsey Powell,

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

A and A, LLC t/a Georgia Line Convenience Store

Holder ofa Retailer's Class B License

at premises 5125 Georgia Avenue, NW Washington, D.C. 20011

) ) ) ) ) ) License No.: ABRA-091196 ) Order No.: 2017-296 ) ) ) ) )

A and A, LLC, t/a Georgia Line Convenience Store (Licensee)

Ann Wallace and Tawana Waugh, on behalfofa Group ofTen Individuals

BEFORE: Donovan Anderson, Chairperson Nick Alberti, Member Mike Silverstein, Member James Short, Member Jake Perry, Member Donald Isaac, Sr., Member

ORDER ON AMENDMENT TO SETTLEMENT AGREEMENT

On January 15,2004, Ann Wallace and Tawana Waugh, on behalfofa Group of Ten Individuals, and a previous holder of a Retailer's Class B license for the premises located at 5125 Georgia A venue, NW, entered into a Settlement Agreement. A and A, LLC, t/a Georgia Line Convenience Store (Licensee), as the subsequent and current holder of that license is required to comply with the terms of the Agreement, dated January 15,2004, that governs the operation of the Licensee's establishment.

This matter comes now before the Board to consider the Parties' Amendment to Settlement Agreement (Amendment), dated May 8, 2017, in accordance with D.C. Official Code § 25-446 (2001).

)

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Page 2: THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE …...["Applicant"), Annie Wallace, Tawana V. Waugh, Betty Muse, Marie Bass, Rural Bass, Christine Lowe, Maggie H Whaley, Welsey Powell,

The Amendment has been reduced to writing and has been properly executed and filed with the Board. The Licensee and Ann Wallace and Tawana Waugh, on behalf of the Group ofTen Individuals, are signatories to the Amendment.

Accordingly, it is this 10th day of May, 2017, ORDERED that:

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

2. All terms and conditions of the original Agreement, not amended by the Amendment, shall remain in full force and effect; and

3. Copies of this Order shall be sent to the Licensee and Ann Wallace and Tawana Waugh, on behalf ofthe Group ofTen Individuals.

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Page 3: THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE …...["Applicant"), Annie Wallace, Tawana V. Waugh, Betty Muse, Marie Bass, Rural Bass, Christine Lowe, Maggie H Whaley, Welsey Powell,

District of Columbia Alcoholic Beverage Control Board

Nick Alberti, Member

Jake Perry, Member

ft'l tt~ Donald Isaac, Sr., Member

Pursuant to D.C. Official Code § 25-433(d)(1), any party adversely affected may file a Motion for Reconsideration of this decision within ten (10) days of service of this Order with the Alcoholic Beverage Regulation Administration, 2000 14th Street, N.W., Suite 400S, Washington, DC 20009.

Also, pursuant to section 11 of the District of Columbia Administrative Procedure Act, Pub. L. 90-614, 82 Stat. 1209, D.C. Official Code §2-510 (2001), and Rule 15 of the District of Columbia Court of Appeals, any party adversely affected has the right to appeal this Order by filing a petition for review, within thirty (30) days of the date of service of this Order, with the District of Columbia Court of Appeals, 430 E Street, N.W., Washington, D.C. 20001; (202/879-1010). However, the timely filing of a Motion for Reconsideration pursuant to 23 DCMR § 1719.1 (2008) stays the time for filing a petition for review in the District of Columbia Court of Appeals until the Board rules on the motion. See D.C. App. Rule 15(b) (2004).

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Page 4: THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE …...["Applicant"), Annie Wallace, Tawana V. Waugh, Betty Muse, Marie Bass, Rural Bass, Christine Lowe, Maggie H Whaley, Welsey Powell,

First Amendment to Voluntary Agreement for ABRA-091196. Licensee A and A LLC, Georgia Line Convenience Store, 5125 Georgia Ave NW.

This First Amendment to the voluntary agreement, made the ~ day of May 2017 by and between Alem Tassaw and Abeba Tassaw, owners of GEORGIA LINE CONVENIENCE STORE ["Applicant"), Annie Wallace, Tawana V. Waugh, Betty Muse, Marie Bass, Rural Bass, Christine Lowe, Maggie H Whaley, Welsey Powell, Robert Wright and Barbara Tompkins.

WITNESETH

WHEREAS, Applicant and Protestants entered to a voluntary agreement ["the agreement"] dated January 15, 2004, concerning Applicants Retailers' class "B" Alcoholic beverage license for premises at 5125 Georgia Ave. NW. Washington. DC 20011, application #24360; and

WHEREAS, a previous owner, Zebader Tesema. legally sold the store to Alem Tassaw and Abeba Tassawi and,

WHEREAS, Ms. Tawana Waugh and Ms. Annie Wallace ["protestant"] are recognized by ABRA as the representatives of the original group of protestants,

WIiEREAS, Protestants requested and licensee agreed to sell alcoholic beverages during the legal hours of sale, which are 9am to 10pm provided however that applicant shall not sell alcoholic beverages on Sunday, and such provision was incorporated as paragraph 4 of the Agreement; and

WHEREAS, Applicant has requested and Protestant has agreed to an amendment to the Agreement as hereinafter set forth.

NOW THEREFORE, in consideration ofthe recital set forth above and other good and valuable consideration, their receipt and sufficiency which are hereby acknowledged, the parties agreed as follows:

1- Recitals Incorporated. The recitals set forth above incorporated herein by reference.

2- Paragraph 4 of the amended to read in its entirety as follows: Hours of alcoholic beverage sale: applicant shall only sell aJcoholic beverages during the legal hours of sale, 7 days per week

3~ Effectiveness: This Amendment shall be effective upon its approval by the alcoholic beverage control board of the District of Columbia.

In witness whereof, the parties have executed this Amendment the Day Year below above.

Page 5: THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE …...["Applicant"), Annie Wallace, Tawana V. Waugh, Betty Muse, Marie Bass, Rural Bass, Christine Lowe, Maggie H Whaley, Welsey Powell,

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First Amendment, Georgia Line Convenience Store

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