Catching Up on Restaurant News: Estadio Opens, no Protest for Hank's, Burgers for 14th Street

I hope everyone has been having a good summer. The 14thandyous just returned from a (much-needed) vacation, and ever-so-surely have been catching up on goings-on around the neighborhood. (I've also got to add: considering the ongoing drop in violent crime throughout the neighborhood and city, it's nice to be writing in July about new restaurant openings and not, for example, double homicides.) So, in case you missed it like we did, here's an abbreviated round-up of restaurant-related news and openings around the area:

Estadio, the much-anticipated Spanish eatery from Proof owner Mark Kuller, opened last week in the former Garden District space at 14th and Church streets. In addition to serving traditional tapas in the $5-$11 range, along with entrees priced from $12-$19, Estadio will also feature pinxtos--basically small snacks--in the $3-$6 range. Think of pinxtos as the mini-courses you get served in between courses at fine restaurants, I suppose.

During our recent walks by the restaurant in the evening, the space has been packed--and with seating for over 110 people in such a relatively small space, we have to wonder about the noise inside (although could not imagine it would be louder than Posto, one of the loudest restaurants we have been to). Metrocurean has posted a number of photos of the interior.

Speaking of much-anticipated restaurants (expansions, that is): At last week's ANC2B meeting, the ANC decided *not* to protest the expansion plans of popular Dupont eatery Hank's Oyster Bar. You may recall that there had been some concerns raised over a potential protest of the plans, with owner and chef Jamie Leeds insinuating that she might elect to reconsider her Dupont location in such a situation. Fortunately, things won't be getting that far: after ensuring that all concerns related to accessible restrooms and a single entrance were addressed, the motion to protest was withdrawn. Thus, the expansion plans of one of 17th Street's brightest restaurant stars will be able to move forward.

In terms of new restaurants: you remember Polly's, right? Sure you do. It was that place up on U Street that served greasy hangover food and featured cutesy tables and a somewhat surly waitstaff. Oh, and its abrupt closure earlier this year led to some, ahem, "reactions" by certain people. Well, Polly's space won't be empty much longer: as U Street Girl reported, it will soon be home to Desperado Burgers and Bar. For those of you clamoring for more "cheaper" food options in the area, and who were disappointed at the likely demise of "Standard", the proposed burger joint for the former Garden District space at 14th and S streets, this may be good news to you.

Also, it seems that they will have free delivery. But will your shoes still stick to the floor?

Finally: it seems that a new tacqueria will be opening in the long-vacant space next to the Black Cat on 14th Street. The space is directly adjacent to the rock club and, I have heard, there has been difficulty finding a tenant for the space due to noise concerns. Clearly, the owner(s) of the forthcoming Mexican eatery that will include a summer garden and sidewalk cafe is undeterred.

...and, yes, with a summer garden and sidewalk cafe, you can rest assured that the voluntary agreement negoatiations will be interesting.

Rights, Priveleges, and Competition

One of the few things that are under the direct control of the ANCs is the ability to monitor and protest liquor licenses. Technically, any citizen group can do so, but the ANCs are particularly well organized about it. Functioning ANCs also have clout; though volunteer bodies with only an advisory governing authority, they are still political entities vital to the functioning of DC government.

The up-side is that whenever a restaurant, bar, or liquor store moves into a Logan Circle residential area (and what isn't residential anymore?), our ANC uses voluntary agreements to protect us from noise, garbage, and safety problems. We don't have to rely on future police action or complaints filed with ABRA to maintain our neighborhood, because our commissioners establish relationships with business owners and they get enforceable written agreements with them. The same process applies to alcohol-serving establishments who seek substantial changes in their operations. Voluntary agreements have helped us to keep rolling papers out of liquor stores, limit sales of single beverages, and act against noisy bars and clubs — all good and important stuff. Recently ANC 2F launched a protest against the renewal of El Sauce's license, which is an important action considering that the restaurant is the alleged center of some gang activity. Renegotiation of a voluntary agreement was also used effectively to respond to noise and safety problems created by Be Bar patrons.

All the same, I think that some ANCs have started over-reaching. The voluntary agreement isn't so voluntary. A business owner will either come to the ANC in advance of their application in order to negotiate an agreement, or they will face a protest until they choose to negotiate. Good luck to the business owner who goes up against a neighborhood group at an ABRA protest hearing.

Here are some neighborhood ABRA issues from the past year that I don't understand:

• Queen of Sheba had to fight for about two years for their liquor license because a handful of Shiloh Baptist Church congregants protested. At first the protest group did not contain the minimum number of DC residents to meet ABRA's requirements. Rather than dismissing the protest, ABRA granted additional time for the protest group to organize.
  
  
• Stoney's rubbed Commissioner Reed the wrong way during their VA negotiation and waited from May until October for resolution to the dispute. On the other hand Stoney's neighbor, Logan Tavern, who has a good relationship with Reed, had no problems gaining approval for their expanded dining area.
  
  In speaking informally with an owner of Stoney's, Mr. 14th & You and I heard him complain that the standard VA in the Ward 6 ANC where Tunicliff's is located is much simpler than the standard VA for ANC 2F. If ABRA views protests from all ANCs equally (and I don't know for certain that they do), and the VAs aren't so voluntary, some establishments are effectively held to different liquor "laws" than others.
  
  
• Our ANC and others seek to prevent the sale of single alcoholic beverages, which I support. On the surface, this makes sense; who wants to promote anyone drinking a cold one out of a paper bag on the street? However, ANC 2F granted an exception to Whole Foods so that they could sell their mixed six packs of gourmet beers. Across the city in Ward 6 Harris Teeter faces significant barriers to a similar request for exemption. I could go either way on arguing the fairness of the differing ANC standards especially as single sales are completely legal under District law.
  
  
• There are no time limits for negotiations of voluntary agreements or protest hearings. In ANC 2F I have seen Stoney's and the Playbill Cafe come to ANC meetings for months in a row as provisions of the agreement are hammered out. Within reason, our busy volunteer commissioners could meet with a license applicant as infrequently as once per month to negotiate the agreement. For an existing business, this process is not likely to consume too much time. A new or expanding business could, however, find their opening delayed, a situation that really strains start-up capital. As well, ABRA meets infrequently to review license applications. Any protest that goes to an ABRA hearing can also take months to resolve. Dante of the Black Cat estimates that his potential plans to build a rooftop deck could be tied up in protest hearings for well over a year.
  

These events lead me to consider myriad questions about alcohol policy. Is the VA and protest process anti-competitive? Given the economic realities of restaurant ownership, should a liquor license be treated as a right or a privilege? How do we balance the concerns of business owners against the concerns of residents? After all, some business owners are also part of the ANC 2F electorate. How do we protect any business from community associations or ANCs that act capriciously against certain businesses? In other words, can we prevent overwrought protests and unfairly restrictive VAs from being used in a prejudicial manner? As I mentioned before, the license application process exist for a reason and does bring about some positive actions. I sometimes worry, perhaps unnecessarily, that the ANC's alcohol policy and ABRA protest process are too subjective to be truly fair.

Commissioner Reed, chairman of ANC 2F, has formed a committee to review and revise our alcohol policies. He may just be representing the views of the commissioners, but I feel like he is particularly vigorous in his protests against Logan Circle bars and restaurants. He also made a comment in the last meeting that concerned me. In the context of the Be Bar VA negotiation, Commissioner Dyer asked if there was a provision in ANC 2F's alcohol policy that prevents the commission from limiting one establishment's hours more than limitations place on another establishment within 1000 feet. The implication being that treating one differently from another in the immediate area could be anti competitive. Reed made a statement, which though I can not remember verbatim, I tool to mean that he intends to reverse such a policy if indeed it is in place. If you have any thoughts on the matter, share them with Reed at creed{at}kgrmlaw{dot}com.

A Black Cat Crosses Dee Hunter's Path

I’m picking up where I left off a couple of weeks ago with the Black Cat story . . . After talking to Dee Hunter and Dante Ferrando, I was interested in how differently they each interpreted recent events. Below I’ve written a comparison of their statements. I must admit that I did not ask the gentlemen to address each other’s comments. Read on and see what you think , . .

The Deck
Ferrando expresses that he may or may not build the deck; the potential costs of the project may limit its profitability, and Ferrando might not be permitted by DC to build the structure. Ferrando shares that he is not thrilled about having smokers standing outside of the club because of security issues and possible complaints from neighbors. The deck would be one way for him to provide a smoking space while mitigating the current liabilities of the outdoor smoking space.

Hunter says that he represents residents who take issue with the traffic, noise, and rowdy patrons brought to the area by Black Cat. He also states that there have been “numerous complaints about the current operation.” These factors are what have encouraged him to lead the protest against the deck, which he says will accommodate 450 people and amount to a one third expansion of the club.

Protestants
The major neighborhood protestant is ANC 1B. According to Hunter, once they knew of Black Cat’s plans, “ANC 1B quickly reacted and came out against the proposal.” Hunter also says that he met with about 50 residents of the area about the issue.

Two ANCs, 2F and 2C, have, at the urging of the 1B Commission, written letters in opposition to the modification. Hunter tells me that a P Street group opposed to the modification had circulated a petition and collected 100 signatures from project opponents. However, they were not able to register on time as protestants. As mentioned before, Commissioner Phil Spalding did not support the protest. Dee Hunter considers Spalding’s support of Black Cat “amazing because his constituents are opposed.”

Ferrando seemed disappointed that ANC 2F would unanimously vote to support the protest without having seen the plans for the deck. Ferrando is somewhat limited in what he can say about the protest because he has not been provided a witness list from the ABC Board though the protestants’ presentations are set to begin on September 19^th.

Mediation
When a liquor license is protested, ABRA asks that the parties involved engage in mediation. What is clear from both Ferrando and Hunter is that the mediation between Black Cat and ANC 1B was not particularly fruitful. Both do, however, agree that the protestants from the ANC would drop their protest if Black Cat would not serve alcohol or have music on the deck. The way Ferrando sees it, “the opposition didn’t really have any interest in a voluntary agreement. There were some mediated discussions. It wasn’t in the realm of compromise.”

Ferrando was sure to say that most people in the neighborhood “have been pretty reasonable.” He says that he has met with residents to discuss his plans and that he’s redesigned the deck many times to accommodate their input. Contrary to Hunter’s statement, Ferrando says that the club has no formal complaints against it right now. As a good neighbor and a good businessman, Ferrando would like to keep it that way. He says of his possible plans for the deck, “it’s a pretty thoroughly researched project . . . . there is no motivation for me to do it and do it poorly.”

To accommodate concerns about noise and sightlines, Ferrando would partially enclose the space. He must, however, leave the area somewhat open in order to comply with the provisions of the DC smoking ban. (Other establishments have had partially enclosed spaces sited as being in violation of the ban.) Currently planned noise-dampening provisions include eight foot high soundproof walls. Music in this space would be limited to what Ferrando called “background music,” and sound tests indicated that the music would not be audible in all portions of the deck area. As for his motivation to have a bar on the roof deck, it seems to be a business decision; building the deck requires an investment in architectural plans, permitting, and construction, and selling alcohol helps pay those costs.

Continuing Conflict
Based on Hunter’s statements, he either does not know about the details of the deck plans or does not believe Ferrando’s description to be truthful. Hunter says that Ferrando “has no plans [and] does nothing for the community” Hunter was critical of the way that Ferrando has handled the ABC Board hearings by attending without a lawyer and by “tying up” the time of the protestants. Hunter also insisted that Ferrando has “incurred no expense in this matter.”

In contrast Ferrando states that it “costs a lot of money to fight a hearing.” He also says the liquor license modification process has been ongoing for over a year and may take another six to 12 months to resolve. Interestingly, his opponents question whether the deck is really planned as a smoking space and they use as evidence the fact that the smoking ban has already been in place for eight months. However, it seems possible that Ferrando began considering the deck well before the ban’s effective date.

In Summary . . .
Ferrando, though he has the support of his ANC Comissioner and some neighborhood residents, may not win approval to serve alcohol on a rooftop deck. He feels that the “ABC tries to force you into a settlement,” and he sounds unlikely to want to revisit negotiations with ANC 1B. He also says that when a credible protest is filed that “even if you are completely convinced that you’re going to win,” that the outcome of the hearings is uncertain. Yet, Ferrando expresses a desire to be a good corporate citizen. He agrees that it is reasonable for neighborhood groups to ask businesses for their cooperation on such matters as keeping their property clean and preventing noise from being heard outside. He just wishes they would choose to enforce adherence the goals rather than prescribe the means for achieving those goals.

Hunter expresses strong doubts that the license modification will be granted. He stated “it would amaze me if the Board would grant permission with so much opposition from the neighborhood.” And for his part, Hunter appears to be doing the best he can to represent that opposition and to seek others who may be opposed.

Claws Out

I heard about Black Cat’s deck plans while attending my ANC's (2F) monthly meeting. Dee Hunter, chairman of ANC 1B, came to make a last-minute presentation to 2F. Hunter’s ANC has filed as a protestant to Black Cat’s request for an ABC license modification (necessary when an alcohol-serving establishment changes its operations in almost any way). Though the deadline for filing protests had passed, Hunter asked that 2F file a letter in support of 1B’s protest.

Hunter’s presentation was not on the agenda, and only the 2F commissioners could have known about it in advance. According to Ferrando, he was not made aware of the presentation or invited to attend. Ultimately, the 2F commissioners voted unanimously to support 1B’s protest. I understand from Hunter that ANC 2C has also agreed to submit a letter in support of the protest.

Hunter stated that one of his reasons for coming before our ANC to enlist support is that the Frontiers condo association president (and a resident of our ANC) is concerned that the sight lines from the deck would be directly into the homes of Frontiers residents. Stand on the east side of 14^th Street and judge for yourself. No representative of the condo association was present at the meeting.

Hunter also spoke out against Ferrando generally. He voiced doubt that the deck was really being built to facilitate outdoor smoking and complained that Ferrando had tied up the ABRA hearings with extensive testimony. Hunter also accused Ferrando of representing a bouncer as a sound engineer during the hearings. Commissioner Dyer jumped in the fray stating dismissively that Ferrando “is basically looking to expand his club.” Dyer also voiced concern that clinking glasses and intoxicated people create lots of noise.

The one ANC commissioner who has voiced dissent – although not at Hunter’s presentation to ANC 2F – is Phil Spaulding. Spaulding represents the single member district where Black Cat is located, and Ferrando shared that Spaulding had been very supportive of the club.

ABRAcadabra

In July, I became aware of a protest against a possible addition of a rooftop deck to Black Cat. The reaction of three ANC’s has been to oppose the deck. I found the strength of the response to be noteworthy, and as a patron of Black Cat, I was really interested in what was going on.

At the ANC meetings, we tend to hear a lot about opposition to business, especially when it comes to the building/expansion of bars and clubs. So I spoke with both ANC 1B commissioner Dee Hunter and Black Cat owner Dante Ferrando as a case study about ANC/ABRA protests. I have a lot of interesting information from both conversations that I plan to share over a few posts.

I also have to say that both Ferrando and Hunter gladly agreed to speak with me. Both of them also know that I'm writing a piece for this blog. I am very appreciate for their help with this little local interest story on a fledging blog.