THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of: ) )

Capital Riverfront Hotel, LLC ) t/a Hampton Inn & Suites Washington D.C'!) Navy Yard Area )

Holder ofa Retailer's Class CH License

at premises 1265 1st Street, S.E. Washington, D.C. 20003

) ) ) ) ) ) ) )

License No.: ABRA-099532 Order No.: 2016-594

Capital Riverfront Hotel, LLC, tla Hampton Inn & Suites Washington D.C./Navy Yard Area (Licensee)

Andy Litsky and Dr. Coralie Farlee, Commissioners, Advisory Neighborhood Commission (ANC) 6D

BEFORE: Donovan Anderson, Chairperson Nick Alberti, Member Mike Silverstein, Member James Short, Member Mafara Hobson, Member Jal<e Perry, Member

ORDER ON AMENDMENT TO COOPERATIVE AGREEMENT

The official records of the Alcoholic Beverage Control Board (Board) reflect that Capital Riverfront Hotel, LLC, t/a Hampton Inn & Suites Washington D.C.! Navy Yard Area (Licensee), and ANC 6D entered into Settlement Agreement (Agreement), dated July 13, 2015, that governs the operation ofthe Licensee's establishment. This matter comes now before the Board to consider the Parties' Amendment to Cooperative Agreement (Amendment), dated October 17,2016, in accordance with D.C. Official Code § 25-446 (2001). .

I

The Amendment has been reduced to writing and has been properly executed and filed with the Board. The Licensee and Chairperson Andy Litsky and Dr. Coralie Farlee, on behalf of ANC 6D, are signatories to the Amendment.

Accordingly, it is this 26th day of October, 2016, ORDERED that:

1. The above-referenced Amendment to Cooperative Agreement, dated October 17,2016, 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 ANC 6D.

2

District of Columbia Alcoholic Beverage Control Board

C\;)<\)\',M'- ~"-Donovan Anderson, Chairperson

~L(ff£;;j Nick Alberti, Member

Mike Silverstein,·M~1P~Y.

If, h/F /' 1 mes Short, Member

Pursuant to D.C. Official Code § 25-433(d)(I), 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 Coll11nbia Administrative Procedure Act, Pub. L. 90-614, 82 Stat. 1209, D.C. Official Code §2-510 (2001), and Rule 15 of the District of Coll11nbia 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 rilles on the motion. See D.C. App. Rule IS(b) (2004).

3

Amendmcnt#l to 7/13115 Coopcmtive Agreement between Capital Riverti'ont Hotel, LLC t/a Hampton Inn and Suites. and ANC60. October 2016

* *' * Advisory tleigllbolhood Cot,.,· '00 6D

"I C""'1' ... ['-"r"j' "'E' h ., ,drlL L 111 ' 11~ \j·t l\~ b ~J REGUU~Tlmi ADMIH t/

11014"SIJOOSW,rueWI30,,_~cq~'.\I.I; ·10: 5 3 ANC Office: 202 554.1795.rj!~x;'Z(jlnlt);1~1r,14 . affice@anc6d.org ... .

A fi~!') A DI~,

AMENDMENT #1 TO COOP ERA TlVE AGRF,EMENT

THIS AMENDMENT TO COOPERATIVE AGREEMENT is made on this 17th day of October, 2016, by and between Capital Riverfront Hotel, LLC, tla Hampton Inn & Suites Washington D. C.lNavy Yat'd ArCH. License Class CR 110099532 (licensee) and Advisory Neighborhood C0ll1l11ission6D (ANC6D) the ANC ("The ANC"). collectively, the Parties. This amendment updates and supplements the Cooperative Agreement dated July 13,2015, between Hamptonliln and Suites and ANC6D and iinalized by ABC Board Order #2015-418 dated September 9, 20 IS.

RECITALS WHEREAS. Licensee and ANC6D entered into new Cooperative Agreement dated July

13. 201S, Ibr an establishment located at 1265 First Street, SE, Washington. D.C. 20003, and

WHEREAS, original Cooperative Agreement dated July 13.2015, in Item 4. "Floors Utilized and Occupancy" and Item 6, "Sidewalk Cafli/Summer Gal'den" specified an occupancy and seating capacity, respectively, of 14 patrons; and

WHEREAS, the ABRA !lourd Order1l2015-418 incOI'porated the terms of the July 13, 2015 Cooperative Agreement. including occupancy oCthe sidewalk cafe in its Order and License; and

WHEREAS, the Parties request that the Alcoholic !leverage Control Board appl'ove this Amendment to Cooperative Agreement conditioned upon the Licensee's compliance with the terms ofthis written Amendment and the previously executed Cooperative Agreement and Board Order and ABRA License; and

NOW, THEREFORE, in considemtion orthe recitals set tbrlll above, it is mutually understood and agreed by and between the undersigned Parties to amend the previously executed Agreement as follows:

I. Recitals lllcol'porll((!(f, The recitals set forth above are incorporated here.in by reference,

2. Paragraph 4, "FloOI'S Utilized and Occupuncy" is amended to read as follows:

In sen Ie nee 2, lines 4·5: replace "occupancy of 14 patrons in the gl'Ound floor sidewalk cate" with "occupancy of 20 patrons in the ground noor sidewalk cate."

1.

I'''g~ 2 oL2 Amendment#l to 7113115 Cooperative Agreement between Capital Riverfront Hotel, LLC lia Hamplon Inn und Suites, and ANC6D, October 2016

Pm'ugraph 6, "Sidewalk Cafe/Summer Garden" is amended 10 read as follows:

- In Sentence 1, second clause. replace "the ground floor Sidewalk Cafe will have a seating capacity of 14 patrons" with "the ground tloor Sidewalk Cufe will have a seating capacity of 20 patrons."

3. Compl/(lIIce tvltll ABRA Regulatiolls. Licensee promises that it shall abide by all Alcoholic Beverage Regulations Administration (ABRA) regulations und all other provisions applicable to liquor licenses.

4. Agreemellt Otlterwise U"o",emled. Except as otherwise provided herein, the temlS and conditions of the previously executed Settlement Agreement. Board Order, and License are expressly reaffirmed and remain in full force and effect.

The ANC LICENSEE 'Ciuiir, ANC60"""--·,,·,,----·-·--·--"" Cap"ii;;ritiverfi.;;iitHotel. I;LC tia i'fanlptO!l Inn

·An~:1~504' 1--/!i.~r:::e'(.t . By: / ...• £:: ... __ ", ~d!L e • e ",;;,. .04 ,./- & "1.:""""'" DeCelN"y Yrud A=

Chair, ABC Committee, ANC6D . """"'-. Date

·,,_f~~.,~ ( 7jiJ!?J!b Coralie Farlee Date

2

,"'., ____________________________ • ___ ·_·_·;;""""'-M~.~~ .. '~"~,

·

"

1101 Fourth Street, SW SulteW 130 Washington, DC 20024 202.554.1795 Email: office@anc6d.org Website: www.anc6d.org

OFFICERS

Chairperson AndyLitsky

Vice Chairperson Raohel Reilly Caooll

Secretary StBCY Cloyd

Treasurer Meredith Fascatt

COMMISSIONERS

SMD 1 Marjorie LIghlman SMO 2 Stacy Cloyd SMD 3 Rachel Reilly CBooll SMO 4 Andy Litsky SMO 5 Rager Moffalt SMD 6 Rhonda Hamilton SMD 7 Maredffh Fascalt

*** ANC 6D

Donovan Anderson, Chair Alcohol Beverage Control Board 200014'" Street, NW, Suite 4008 Washington, DC 20009

Re: ANC6D recommendation for Amendment 1 to Cooperative Agreement dated July 13, 2015 and Board Order 2015-418 for Capital Riverfront Hotel LLC tla Hampton Inn & Suites Washiugton D,C.lNavy Yard Area, ABRA #099532, at 12651" Street, SE.

Dear Mr. Anderson:

At its regularly scheduled, properly noticed meeting on October 17,2016, with a quorum present, the Advisory Neighborhood Commission 6D voted ..:]... to ~ to -'L to recommend approval of Amendment 1 to the Cooperative Agreement for Hampton Inn & Snites, ADRA #099532,

The occupancy permits issued for this Establishmellt allow 20 persons/patrons. The sidewalk cafe is immediately opposite (across N Street, SE from) The Nlltionals ball park. There are no residences in the sightline from the area ofthe sidewalk cafe. The ANC6D agrees that this change does not constitute a substantial ehange and may be made as an Administrative Action by the ABC Board.

Please contact Commissioner Litsky (at the number above) or Coralie Farlee, Cbair, ABC Committee, ANC6D at 202-554-4407, cfarlee@mindspring.com if you have any qnestions or concerns,

!1~kvt/ "';((I~ Andy Mtllky,CPalr ANC6D

J~: Martha Jenkins

Attachment: Amendment 1 to CA

-t,..e;~ Coralie Farlee, Chair ABC Committee, ANC6D

THE DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

In the Matter of:

Capital Riverfront Hotel, LLC t/a Hampton Inn & Suites Washington D.C./Navy Yard Area

Applicant for a New Retailer's Class CH License

at premises 1265 1st Street, S.B. Washington, D.C. 20003

) ) ) ) ) ) ) License No. ) Order No. ) ) ) ) )

ABRA-099532 2015-418

Capital Riverfront Hotel, LLC, t/a Hampton Inn & Suites Washington D.C./Navy Yard Area (Applicant)

Roger Moffatt and Dr. Coralie Farlee, Advisory Neighborhood Commission (ANC) 6D

BEFORE: Ruthanne Miller, Chairperson Nick Alberti, Member Donald Brooks, Member Herman Jones, Member Mike Silverstein, Member Hector Rodriguez, Member James Short, Member

ORDER ON COOPERATIVE AGREEMENT

The official records of the Alcoholic Beverage Control Board (Board) reflect that Capital Riverfront Hotel, LLC, tla Hampton Inn & Suites Washington D.C./Navy Yard Area, Applicant for a new Retailer's Class CH License, located at1265 1st Street, S.B., Washington, D.C., and ANC 6D have entered into a Cooperative Agreement (Agreement), dated July 13,2015, that governs the operation ofthe Applicant's establishment.

The Agreement has been reduced to writing and has been properly executed and filed with the Board. The Applicant and Chairperson Roger Moffatt and Dr. Coralie Farlee, on behalf of ANC 6D, are signatories to the Agreement.

1

Accordingly, it is this 9th day of September, 2015, ORDERED that:

1. The above-referenced Cooperative 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 6D.

2

District of Columbia Alcoholic Beverage Control Board

ike Silverstein, Member

Hector Rodriguez, Member

/t(;~ es Short, Member

Pursuant to D.C. Official Code § 25-433, any party adversely affected may file a Motion for Reconsideration of this decision within ten (1 O~ days of service of this Order with the Alcoholic Beverage Regulation Administration, 2000 14t 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).

3

Page 1 of 5 Hampton Inn & Suites, 1265 1 st Street, SE, and ANC6D, July 2015

* * * Advisory Neighbolhood Commission 6D

11014flSlreetSW~ S,jeW1i.~~ ~.4fH . '.:-:­ANC Office: 202 554-1795~~h2 ~~17!M '·' · 1. f_

office@anc6d.org ;":'.'~ J' .. "'" UL 1 W A II: 21

CO OPERA TIVE AGREEMENT ;:~E:nl\ ~

THIS COOPERATIVE AGREEMENT ("Agreement") is made on this 13th day of July 2015 by and between Capital Riverfront Hotel, tla Hampton Inn and Suites ("Applicant"), at 1265 First Street, SE, Washington, DC, 20003, License Class CH # 099532 and Advisory Neighborhood Commission 6D ("The ANC"), (collectively, the "Parties").

PREAMBLE

Through this agreement both parties aim to create an environment in which the Applicant may operate as a viable contributing establishment in the ANC6D community,

WITNES ETH

WHEREAS, Applicant has applied for a License Class CH for a business hotel establishment ("Establishment") serving spirits, wine, and beer, with indoor space, including dining area and meeting room, one summer garden, and one sidewalk cafe located at 1265 First Street, SE, Washington, D,C. 20003 ("Premises"); and

WHEREAS, the Applicant agrees to work regularly with ANC6D and its representatives, other neighborhood organizations, and residents to ensure that the business operations facilitate the enjoyment of the surrounding neighborhood; and

WHEREAS, the Parties are desirous of entering into a Cooperative Agreement pursuant to D,C, Official Code § 25-446 for the operation and maintenance of the Establishment in such a manner as to minimize the effect, within the ANC, on (1) the effect of the establishment on peace, order, and quiet, including the noise and litter provisions set forth in §§ 25-725 and 25-726; and (2) the effect of the establishment upon residential parking needs and vehicular and pedestrian safety, and to eliminate the need for a Protest Hearing regarding the license application; and

WHEREAS, all parties believe that the statements and provisions contained in this agreement are reasonable and shall become wholly integrated into the day-to-day operation of the Establishment. Any change from this model shall be of great concern to the parties which they may bring to the ABC Board's attention; and

WHEREAS, the Parties have agreed to enter into this Agreement and request that the

· Page 2 ofS Hampton Inn & Suites, 1265 1 sl Street, SE, and ANC6D, July 2015

Alcoholic Beverage Control Board ("ABC Board") approve the Applicant's license application conditioned upon the Applicant's compliance with the terms of this written Agreement; and

NOW, THEREFORE, in consideration of the recitals set forth above and the mutual covenants and conditions set forth below, the Parties agree as follows:

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

2. Nature o/the Business. The Applicant will manage and operate a Hotel Establishment with 168 sleeping rooms for 506 occupants which are on thirteen (13) floors; one restaurant and meeting room, a summer garden, and a sidewalk cafe, each serving spirits, wine, and beer. There will be no Entertainment endorsement.

3. Hours o/Operation and Sales. The Applicant's hours of operation of the hotel, sleeping rooms shall be 24 daily, Sunday through Saturday;

The Applicant's hours of selling, serving, and consumption of alcohol in the dining area and meeting room shall be as follows:

Sunday through Thursday 8:00 a.m. - 12:00 midnight Friday and Saturday 8:00 a.m. - 2:00 a.m.

The Applicant's hours of selling, serving and consumption of alcohol in the rooftop summer garden shall be as follows:

Sunday tlu:ough Thursday, 9:00 a.m. - 1 :00 a.m., Friday and Saturday, 9:00 a.m. - 2:00 a.m.

The Applicant'S hours of selling, serving and consumption of alcohol in the ground floor sidewalk cafe (N Street, SE side) shall be as follows:

Sunday tlu:ough Thursday, 8:00 a.m. -12 midnight, Friday and Saturday, 8 a.m. - 2 a.m.

Provided that: (a) on days designated by the DC ABC Board as "Holiday Extension of Hours" or Daylight Savings Time Extension of Hours applicant may avail itself of the extended hours so provided; (b) in the event the Council of the District of Columbia or the ABC Board grants licensees in general extended operating hours (such as for Inauguration) applicant may avail itself of such extended hours; and (c) on January 1 of each year applicant may operate until 4:00a.m. Consistent with Alcoholic Beverage Control Board interpretations, "closing hours" shall be construed as the hours at which no patrons shall remain on the premises.

4. Floors Utilized and Occupancy. The Applicant will operate its hotel establishment on thirteen (13) floors plus rooftop area. The Establishment will have a total sleeping room occupancy of 506 persons in 168 rooms; there will be an occupancy of 50 patrons in the roof top summer garden and an occupancy of 14 patrons in the ground floor sidewalk cafe.

Page 3 ofS Hampton Inn & Suites, 1265 1 st Street, SE, and ANC6D, July 2015

5. Parking Arrangements. It is a concern of the ANC that the Applicant's operation ofthe Establishment does not create or exacerbate parking problems within the ANC. There is no parking available on the premises. The Applicant shall notify patrons (through a website or other means) that there is limited street parking in the vicinity and shall provide information about public transportation.

6. Sidewalk Cafe/Summer Garden. Applicant plans to provide one rooftop Summer Garden with a seating capacity of 50 patrons; the ground floor Sidewalk Cafe will have a seating capacity of 14 patrons. There shall be no live music in either the Summer Garden or the Sidewalk Cafe. There may be recorded music in the Summer Garden. The Sidewalk Cafe shall be enclosed with appropriate barriers to delineate the space designated for the outdoor seating from the adjacent areas, and may include such things as shrubbery or fencing with vines; or bushes, vines or trees in planters. No person leaving the Sidewalk Cafe shall remove from the premises containers, cups, bottles/cans, etc. containing alcoholic beverages ..

7. Noise and Privacy. Applicant shall strictly comply with D.C. Official Code § 25-725 and to that end shall use various means including making architectural improvements to the property and take all necessary actions to ensure that music, noise, and vibration from the Establishment are not audible in any premises other than the licensed establishment.

Licensee shall receive all deliveries of food, beverages, and supplies during hours between 7:00 a.m. and 7:00 p.m. Mondays to Saturdays. No deliveries excepting fresh bread products shall be accepted on Sundays.

8. Public Space and Trash. The Licensee will take all reasonable measures to ensure that that the immediate environs of the premises are kept free of litter and debris. "Immediate environs" is defined by ABC Regulations as including: "all property on which the premises are located; all property used by the licensee to conduct its business, whether part of the premises or not, including sidewalks or other public property immediately adjacent to the premises or adjacent to the property used by the,licensee to conduct its business."

9. Rats and Vermin Control. The Applicant shall provide rat and vermin control for its property. Applicant shall have the Establishment and the area around the Premises properly cleaned at the end of each night to ensure that there are no garbage or odors present the following morning.

10. Security Cooperation in Stemming Rlegal Drugs and Public Drinking. Applicant shall take all necessary steps to minimize problems of illegal drugs and public drinking, including, at all times, a trained employee on site, without limitation, designating a sufficient number of employees to assure adequate security and to control unruly patrons, whether inside or in the immediate outside area; monitoring for and prohibiting sales or use of illegal drugs within or about the Premises, maintaining contact and cooperating with MPD and other enforcement officials when known or suspected drug activities

Pa~e 4 of5 Hampton Inn & Suites, 1265 15t Street, SE, and ANC6D, July 2015

occur. Applicant shall to the full extent pennissible by law discourage loitering in the vicinity of the Premises. Applicant shall cooperate with MPD in the investigation of criminal offenses within and immediately around the business. The applicant shall secure all crime scenes to the best of its ability and shall not contaminate, destroy, alter or clean any crime scene until authorized to do so by the lead MPD official on the scene ofthe offense.

Applicant shall have recording cameras of good photographic quality which maintain infonnation for at least 30 days. These recording cameras shall cover areas as designated by applicant's security experts. These recordings shall be made available to representatives of ABRA or MPD.

11. License Ownership and Compliance with ABRA Regulations. Applicant agrees that the ANC shall have standing to ask the ABC Board to enforce any violations of the agreement.

12. Participation in the Community. Applicant agrees to seek to maintain open communication with the ANC and the community for which the ANC acts.

13. Notice and Opportunity to Cure. In the event that any ofthe parties is in breach of this Agreement, it shall be entitled to reasonable notice and opportunity to cure, as a condition precedent to seeking enforcement of the Agreement. Unless the breach is of an emergency nature or is a repetition of a prior breach, reasonable notice and opportunity shall provide for a cure within 30 days of the date of such notice. If Applicant or the licensee fails to cure within the 30-day period (or, with respect to a breach which reasonably requires more than 30-days to cure, fails to commence cure of such breach and diligently pursues such cure) failure shall constitute a cause for filing a complaint with the ABC Board pursuant to D.C. Official Code § 25-446 (e).

If to Applicant: Hampton Inn and Suites 1265 First Street, SE Washington, DC 20003 Attn: Roberta Willes, General Manager, Hampton Inn and Suites Phone: 202 800-1000 Fax 202521-3463 E-mail Roberta.wittes@hilton.com

If to the ANC: advisory Neighborhood Commission 6D 1101 4th Street, SW, Suite W130 Washington, DC 20024 Attn: Chair, ANC (202) 202 554-1795 Fax (202) 202 554-1774 e-mail: office@ANC6D.org

Page 5 of5 Hampton Inn & Suites, 1265 1 sl Street, SE, and ANC6D, July 2015

Failure to give notice shall not constitute waiver or acquiescence to the violation, but notice shall be a prerequisite to the filing of a complaint with the ABC Board or any other enforcement action.

TheANC: Chair, ANC6D

aMQ,S~05 ?b,I/c Date

:?ldl\~ Date er. ABC,Committee. ANC6D

r!AJ.;~ IS~~ Coralie Farlee Dat

1101 Fourth Street, SIN SuiteW 130 Washington, DC 20024 202.554.1795 Email: office@anc6d.org Website: www.anc6d.org

OFFICERS

Chairperson Roger Moffatt

Vice Chairperson Andy Lifsky

Secretary Stacy Cloyd

Treasurer Meredith Fascett

COMMISSIONERS

SMD 1 Mafjorie Lightman SMD 2 Stacy Cloyd SMD 3 Rachel Reilly Carroll SMD 4 Andy Litsky SMD 5 Roger Moffatt SMD 6 Rhonda Hamilton SMD 7 Meredith FasceU

Ruthanne Miller, Chair AJcohoJ Beventge Control Board 2000 14th StreetT NW, Suite 4008 Washington, DC 20009

July 13,2015

Re: ANC6D recommendation for new license and Cooperative Agreement for Capita) Riverfront Hotel, tla Hampton Inn and Suites in SE. 'Washington DC, License Class CH#099532

Dear Ms. Miller:

At its regularly scheduled, properly noticed meeting on July 13, 2015, with a quorum present, the Advisory Neighborhood Commission 6D voted 7 to ...Q to ~ to recommend the new license and Coopemtive Agreement tor the Capital Riverfront Hote!, tla Hampton Inn and Suite.s at 1265 First Street, SE.

The ANC views this new establishment as an important addition to the new Southeast DC community.

A new Cooperative Agreement is attached.

Please contact Commissioner Moffatt (at the numbers above) or Dr. Coralie Farlee, Chair, ABC Committee, ANC6D at 202-554-4407, clurlct!ttLJ rnmuspnJlg.coOi if you bave any questions or concerns.

, ----;-, -)~ J -;

/~td)/f~ ~ogel' Moffrtft) ~hait·

ANC6J)

Sincerely,

~~ Coralie Farlee, Chair ABC Committee, ANC6D

~c: Martha Jenkins

Attachment: CA