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Advisory Neighborhood Commission 6D |
PO Box 71156 •
Washington, DC 20024-9998 ANC Office: 202 554-1795 n FAX: 202 554-1774 |
VOLUNTARY AGREEMENT
THIS VOLUNTARY AGREEMENT (“Agreement”) is made on this 25th day of February 2010 by and
between Capital Yacht Charters, LLC, t/a
Capital Yacht Charters (“Applicant”), and Advisory Neighborhood Commission 6D (“Protestant”),
(collectively, the “Parties”).
W I T N E S S E T H
WHEREAS, Applicant
has applied for a License Class CX with Entertainment Endorsement for four (4) marine
vessels operating under the Capital Yacht Charters, LLC (“Establishment”)
located at Washington Marina, 1300 Maine Ave., SW, Washington, D.C. 20024
(“Premises”).
The four marine vessels are:
Celebrity, capacity of 120 passengers; Harbor Belle, capacity of 80
passengers; Finished Business, capacity of 55 passengers; and Harbouritaville,
capacity of 20 passengers. These four
marine vessels and the dockside waiting area will be included in this
license.
WHEREAS, the Parties have agreed to enter
into this Agreement and request that the 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
WHEREAS, the Parties are desirous of
entering into a Voluntary 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
on (i) the peace, order and quiet of the neighborhood and (ii) pedestrian
safety and vehicular traffic, and to eliminate the need for a Protest Hearing regarding
the license application.
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 of the Business. The Applicant manages and operates four
marine vessels which offer approximately 130 chartered trips annually for
private parties. The usual duration of
each trip is four (4) hours. Food is
available throughout the trip; alcohol service is provided immediately after
leaving the dock and up to 15 minutes prior to returning to dock. The applicant allows or provides
entertainment, including DJs on the closed main decks. Gambling is not allowed
but game nights with no monetary prizes are allowed. Patrons are prohibited from any post-cruise
activity on the docks and parking area. Any change from this model
shall be considered by both Parties to be a substantial change in operation of great concern to the
ANC and neighborhood and requires prior approval by the ANC and the ABC Board.
3. Hours of
Operation and Sales.
The Applicant’s hours of operation and sales/service of alcoholic beverages shall be as follows:
Sunday 1:00 p.m. to 1:00 a.m.; Monday through Saturday, 10:00 a.m. to 1:00 a.m.
The applicant’s hours of entertainment shall be as follows:
Sunday through Saturday, 6:00 p.m. to 1:00 a.m.
4. Floors Utilized and Occupancy. The Applicant manages and operates four marine vessels: Celebrity,
Finished Business, and Harbor Belle on two floor(s)/decks; the marine vessel
Harbouritaville has only one floor/deck.
In the four marine vessels the total occupancy will not exceed 275
persons, with fifty percent (50 %) being seats, and the remaining 50% being
standing patrons.
5. Parking/Valet Arrangements. It is a concern of the Protestants that the Applicant’s operation of the Establishment
does not create or exacerbate parking problems within the ANC
boundaries. A parking lot with 80 parking spaces is made available for patrons
for a fee. There is limited street
parking. There is no valet parking
arrangement. Establishment is within a 5 block
walk of two subway stops, and is within a 4 block walk of a regular bus
line. Taxis are plentiful across the
street at the Mandarin Hotel connected to the marina by a foot bridge across
Maine Avenue.
6.. Sidewalk
Café. There is no sidewalk café;
no food or alcohol service is available
in the pre-boarding or waiting area.
7. Noise and
Privacy. Applicant will
strictly comply with D.C. Official Code § 25-725 and to that end shall take all
necessary actions to ensure that music, noise and vibration from the Establishment are not audible
within any of the properties or areas that the cruises pass by. Sound
on vessels shall be reduced when exiting
and entering the Washington Channel and shut off within 15 minutes of landing. Only the Harbour Belle has outside speakers which will be
turned off while in the Washington Channel. Applicant will take
reasonable steps to reduce noise emanating from the Establishment from the opening of any doors
during the cruises.
8. Public Space and Trash. Applicant shall keep the areas surrounding the docks of the four marine vessels clean and free of litter, bottles, and other debris in compliance with D.C. Code and Municipal Regulations. Applicant shall monitor these areas sufficiently to assure that refuse and other materials are promptly removed. The Applicant uses three dumpsters and three recycling bins provided for all tenants by the Washington Marina. Applicant shall ensure that the area around the dumpster is kept clean at all times and the dumpster is placed such that it does not encroach on any abutting property owners and so that no garbage is placed on any abutting property.
9. Rats and Vermin Control. The marina provides a professional company for
rat and vermin control. The Applicant shall
provide any additional rat and vermin control for the dock area surrounding its
four marine vessels as may be required.
Applicant shall provide proof of the rat and vermin control contract
upon the request of the Protestants.
Applicant shall have the Establishment and the area around the Premises
properly cleaned at the end of each night to ensure that there are not garbage
and odors present the following morning.
10. Security Cooperation in Stemming
Illegal Drugs and Public Drinking. Protestants are concerned
that the nature of the business of the Applicant will not pose security and
crime issues. Applicant agrees that it
shall take all necessary steps to minimize such problems, including, 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 the Harbor Patrol and
/or Metropolitan Police Department and
other enforcement officials when known or suspected drug activities occur. As considered necessary, Applicant shall
contract for or provide for off-duty emergency medical technicians or other
trained service personnel to accompany the cruise.
Applicant shall: (a) require appropriate identification of patrons
appearing to be under 30 years of age; (b) shall examine or scan the
identification to assure validity; and (c) shall provide each patron who has
been screened for permission to drink alcohol with a wrist band or visible
marking so bartenders can identify those patrons. The Applicant will not knowingly sell
alcoholic drinks or allow alcoholic drinks to be provided to a person who appears
to be intoxicated. Applicant will take
all reasonable precautions to avoid the sales or provision of alcoholic
beverages in any form to anyone accompanying a person who has been denied
service or who has not been screened and approved for service of alcoholic
beverages.
Applicant shall maintain a log on each marine
vessel to record any security incidents and include in the log: the nature of
the incident, who was involved, and how it was resolved (e.g., cruise
terminated, MPD/Harbor Patrol contacted).
These logs shall be made available to the ANC on request. Applicant shall to the full extent
permissible by law discourage loitering in the vicinity of the marine vessels and
dock. While the
Protestants do not at this time envision any requirement for security officers
at the time of the cruises, as indicated above, the Applicant shall ensure that
there is no post-cruise activity continuing on the dock and any persons who are
congregating in that manner shall be asked to move along. At
the present time, the Protestants do not envision the need for electronic
devices to search for weapons, pat-downs of patrons when coming on board, or
cameras or devices to record and store information about activities on the
exterior of the marine vessels. Should
circumstances appear to warrant increased security and scrutiny, the
Protestants reserve the right to amend this VA to provide such coverage.
Applicant shall post signs at the exits of each of the marine vessels to inform patrons that no alcoholic beverages can be removed from the premises. Applicant shall ensure that no containers, cups, bottles/cans, etc. regardless of content, shall be permitted to exit any of the marine vessels with a patron, and shall ensure that no alcoholic beverages are carried out of any of the marine vessels so that they can be consumed on public space or in a vehicle.
11. License Ownership and
Compliance with ABRA Regulations. Applicant
promises to Protestants that it shall abide by all Alcoholic Beverage Regulations
Administration (ABRA) regulations regarding the ownership of the license and
all other provisions applicable to
liquor licensees, and agrees that Protestants shall have standing to
ask the ABC Board to enforce any violations of the agreement. Applicant also
specifically agrees to be the sole owner of the ABC license.
12. Participation in the Community. Applicant agrees to seek to maintain open
communication with the Protestants, and the community for
which the ANC acts. To this end,
Applicant shall, at least quarterly, be represented at ABC Committee meetings
and ANC6D public meetings. The ANC6D
public meetings currently occur on the second Monday of each month except for
August when there is no meeting, and October, when the meeting is on the third
Monday. These ANC6D meetings currently
convene at 7:00 p.m. at St. Augustine’s Episcopal Church, 6th and M
Streets, S. W., Washington, D.C. 20024.
Applicant, upon notice from the ANC shall send a representative of the Establishment to a meeting(s) to
confer and deal in good faith with issues raised under this Agreement. Applicant shall participate in neighborhood
and community activities and shall be supportive of festivals, student activities, and waterfront
activities.
13 Notice and Opportunity to
Cure. In the event that any of
the 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 seeking a Show Cause Order from the ABC Board pursuant to D.C.
Official Code § 25-447. Unless otherwise
noted above, any notices required to be made under this Agreement
shall be in writing and mailed via certified mail, return receipt requested,
postage prepaid, or hand-delivered, to the other parties
to this Agreement at the following addresses. Notice shall
be deemed given as of the time of receipt or refusal of receipt:
If to Applicant: Capital
Yacht Charters, LLC t/a Capital Yacht Charters
PO Box 70576, 1300
Maine Ave., SW
Washington, DC, 20024
Attn: Eric Slaughter, Managing Member
(202)554-0677
or cell (202) 689-5707
FAX: (202)554-0699
www.capitalyacht.com
If to Protestants: Advisory
Neighborhood Commission 6D
P. O. Box
71156
Washington, DC
20024-9998
Attn: Chair, ANC
(202)
202
554-1795
Fax
(202) 202
554-1774
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.
14. Protest. Upon execution of this Agreement by the Parties and its acceptance by
the ABC Board, ANC6D shall not protest the application.
PROTESTANT:
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Chair, ABC Committee, ANC6D _________________________ ___________ Coralie
Farlee
Date ANC Commissioner _________________________ __________ Jane
Jorgensen, ANC6D01 Date Chair, ANC6D _________________________ ___________ Ron
McBee
Date |
Capital Yacht Charters, LLC ______________________ ____________ Eric Slaughter, Managing Date
Member
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