12.07.11 Mood Lounge ABRA Show Cause Hearing Transcript - Noise Violation

Page 1 DISTRICT OF COLUMBIA + + + + + ALCOHOLIC BEVERAGE CONTROL BOARD + + + + + MEETING ----------------------------- IN THE MATTER OF: : : Mimi & D, LLC
: t/a Mood : 1318 9th Street, NW : Show Cause Retailer Class CT : Hearing License No. 86037 : Case No. 11-CMP-00175 : ANC 2F : Violation of Voluntary : Agreement (Noise) : ----------------------------- DECEMBER 07, 2011 The Alcoholic Beverage Control Board met in the Alcoholic Beverage Control Hearing Room, Reeves Building, 2000 14th Street, N.W., Washington, D.C., Nick Alberti, Interim Chairperson, presiding. PRESENT NICK ALBERTI, Interim Chairperson DONALD BROOKS, Member HERMAN JONES, Member CALVIN NOPHLIN, Member ALSO PRESENT LOUISE PHILLIPS, OAG JABRIEL SHAKOOR, ABRA Neal R. Gross & Co., Inc. 202-234-4433
Page 2 T-A-B-L-E O-F C-O-N-T-E-N-T-S Opening Statement for the Government. . . . . .6 Opening Statement for the Licensee. . . . . . .7 Closing Statement for the Government. . . . .204 Closing Statement for the Licensee. . . . . .207 WITNESSES: George Danilovics . . . . . . . . . . . . . . 21 Rishi Hingoraney. . . . . . . . . . . . . . . 46 Jabriel Shakoor . . . . . . . . . . . . . . .102 Abeba Beyene. . . . . . . . . . . . . . . . .150 EXHIBITS Government A First investigative report. . . . . . . . .103 A Attachment 1, email from Mr. Hingoraney to Mood Lounge . . . . . . . . . . . . . . . . 66 A Attachment 3, page 1, email from Mr. Woodson to Mood Lounge. . . . . . . . . . . 77 A Attachment 3, page 2, email from Owners of the NINE to Mood Lounge. . . . . . . . . 22 B Second investigative report . . . . . . . .103 B Attachment 1, noise complaint against Mood Lounge filed online on ABRA's Web site. . . 24 C Documented interactions between Mr. Hingoraney and Mood Lounge. . . . . . . Photo, buildings fronts on 9th Street, Northwest . . . . . . . . . . . . . . . Photo, Naylor Court looking eastbound . Photo, back of Mood Lounge. . . . . . . Photo, the NINE condominium . . . . . . Photo, view from inside Mr. Danilovics' . . 79 . . . . . . . . 28 29 31 32
D E F G H
condominium . . . . . . . . . . . . . . . . 32 I Photo, eastbound view from Mr. Danilovics' condominium . . . . . . . . . . 34 J Photo, aerial view of neighborhood. . . . . 34 Neal R. Gross & Co., Inc. 202-234-4433
Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 afternoon. please? MS. PHILLIPS: Louise Phillips, INTERIM CHAIRMAN ALBERTI: P-R-O-C-E-E-D-I-N-G-S 3:18 p.m. The
next case I'm going to call is Case No. 11CMP-00175. This is a show cause hearing
regarding Mimi & D, LLC, trading as Mood, License No. 86037. Parties forward and introductions,
Assistant Attorney General for the District of Columbia. Members. INTERIM CHAIRMAN ALBERTI: Hello. MR. WOODSON: good afternoon, Chair -INTERIM CHAIRMAN ALBERTI: afternoon, Mr. Woodson. MR. WOODSON: I'm losing track of I'm Good Morning, Chair, or Good Good afternoon again, Board
time here -- and Members of the Board.
Roderic Woodson, along with Tori Gordon with Neal R. Gross & Co., Inc. 202-234-4433
Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Great. Beyene. INTERIM CHAIRMAN ALBERTI: it Abebabeyene? Is it Ms. Beyene? Yes. Okay. Or is Fine. the law firm of Holland & Knight, counsel to Mood Lounge. And with your indulgence, Mr. Chairman, I have asked Ms. Gordon to handle the proceeding for today. INTERIM CHAIRMAN ALBERTI: And with you is? MR. WOODSON: This is Tori Gordon. Okay.
And this is the owner of Mood Lounge. MS. BEYENE: Abeba Beyene. And
INTERIM CHAIRMAN ALBERTI: your name, please? MS. BEYENE: Abeba Beyene.
Abeba. I'm
INTERIM CHAIRMAN ALBERTI: sorry, Beyene? MS. BEYENE:
Yes, last name is
MS. BEYENE:
INTERIM CHAIRMAN ALBERTI: Thank you.
I just want to make sure
Neal R. Gross & Co., Inc. 202-234-4433
Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 witness? Okay. Mr. Chair. INTERIM CHAIRMAN ALBERTI: Okay. I have that right. Please be seated. Thank you. Okay.
MR. WOODSON:
INTERIM CHAIRMAN ALBERTI: This is a show cause hearing. Just one moment, please.
This is a show cause hearing.
Are
there any preliminary matters before we begin? MS. PHILLIPS: No, there are not,
Hearing that there are no preliminary matters, let's proceed. Ms. Phillips? MS. PHILLIPS: Three. Three? How many witnesses will have,
INTERIM CHAIRMAN ALBERTI:
And, Ms. Gordon, how many witnesses? MS. GORDON: We'll have one. One
INTERIM CHAIRMAN ALBERTI: Okay.
Do we need to call the rule Or, Ms. Gordon,
on witnesses, Ms. Phillips? because I guess -MS. PHILLIPS:
Yes, I'm the one
Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chair. right. that has three. INTERIM CHAIRMAN ALBERTI: the one that has three. You're
Ms. Gordon, do we
need to call the rule on witnesses? MR. WOODSON: MS. GORDON: Yes. Yes. Yes?
INTERIM CHAIRMAN ALBERTI: MS. GORDON: Yes.
Okay.
So, Ms. Phillips, do you want to tend to that? Okay. Are we set to proceed? We are set to
MS. PHILLIPS:
proceed as far as I'm concerned. INTERIM CHAIRMAN ALBERTI: Very good. Okay. All
We will have
opening statements. side.
Five minutes for each
Ms. Phillips, please begin. MS. PHILLIPS: Thank you, Mr.
This is a single charge notice that
concerns a noise violation pursuant to a voluntary agreement that has contained within it various procedural matters as to how noise Neal R. Gross & Co., Inc. 202-234-4433
Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 complaints are to be addressed. It is the contention of the District in this particular case that the requirements of the voluntary agreement were complied with by the residents who brought the complaint and investigated by the ABRA investigator, and that at the end of the day the Board should find in favor of the violation being upheld. INTERIM CHAIRMAN ALBERTI: you, Ms. Phillips. Ms. Gordon? MS. GORDON: Good afternoon, We Thank
Chairman Alberti and Members of the Board. are here today in accordance with D.C. Code
Section 25-446 in a show cause notice related to an alleged violation of a voluntary agreement. Under the voluntary agreement agreed to in March 2008 with Mood Lounge's predecessor and neighborhood residents, the Applicant is required to take all necessary Neal R. Gross & Co., Inc. 202-234-4433
Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 actions to ensure that music, noise and vibrations from the establishment are not audible within any adjacent residential properties. You will hear in today's testimony and see in the case reports that the Applicant has taken the required actions underneath the voluntary agreement. The Applicant has been
responsive to the concerns of neighbors and ABRA, which is shown on May 15th and May 19th in the case reports. The Applicant has
purchased a new sound limiter for Mood Lounge. The Applicant has installed soundproofing and disconnected numerous speakers and bass throughout Mood Lounge to further reduce the levels of music throughout the establishment. And most importantly, the Applicant has maintained the volume levels that were agreed to by ABRA and the Complainants on May 19th. The Attorney General may try to distract you with matters that are not pertinent to this show cause notice, Neal R. Gross & Co., Inc. 202-234-4433
Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 particularly the incidents that happened on May 15th and May 19th, 2011, and you should not be distracted by this. The purpose of
this hearing is to address the issues on the nights at hand and whether based on those actions the Board should take a corrective action in this case. The evidence will confirm that Mood Lounge has been compliant with the voluntary agreement. For these reasons the
Board should dismiss the charge that is the subject of the show cause hearing and Mood Lounge should not be fined or suspended under D.C. law. Thank you. INTERIM CHAIRMAN ALBERTI: you, Ms. Gordon. Ms. Phillips, would you like to call your first witness? MS. PHILLIPS: I would indeed. So Thank
would your first witness stand and raise your right hand? Do you solemnly affirm that the
Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Thank you. Has -MS. PHILLIPS: Yes. Ms. you. testimony you're about to give will be the truth, the whole truth and nothing but the truth? MR. DANILOVICS: I do. Thank
INTERIM CHAIRMAN ALBERTI: Please be seated. MS. PHILLIPS:
Mr. Chair, I would
like to present a notebook full of exhibits for him to refer to. INTERIM CHAIRMAN ALBERTI: Okay.
INTERIM CHAIRMAN ALBERTI: Gordon, have you seen this and -MS. GORDON: Yes, I have.
INTERIM CHAIRMAN ALBERTI: Please. MS. PHILLIPS: MR. WOODSON: Thank you.
Okay.
Mr. Alberti, with
your indulgence, please, we've seen this document as the Attorney General has noted, and we object to the submission of this Neal R. Gross & Co., Inc. 202-234-4433
Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chair. material or the transmission or sponsorship of this material by this witness. The document
contains information and activities associated with matters that are not in issue in the proceeding. We are concerned with activities This
of Mood Lounge on dates specific.
witness intends to sponsor a document which discusses activities beyond the framework of these dates in an effort to create in the mind of the Board a pattern of activity that is not the subject of the proceeding today and we object to the use of this material in an effort to establishment matters outside of the scope of issues in the show cause today. INTERIM CHAIRMAN ALBERTI: Phillips, would you like to respond? MS. PHILLIPS: I would indeed, Mr. Ms.
The voluntary agreement is very, very
specific about the steps that need to be taken prior to reporting this matter to ABRA and having ABRA act upon it, and therefore the preceding events need to be established in Neal R. Gross & Co., Inc. 202-234-4433
Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 day, I hear. INTERIM CHAIRMAN ALBERTI: Yes. brief so that you can have a perspective. District does not intend to go beyond the dates of the notice except for one additional question, which I'm sure Mr. Woodson will object to when it gets to that, but that's it. We need to establish that what the voluntary agreement requires does indeed -- was indeed met. Plus, this witness will also establish The
what occurred within the time period of this notice with regard to letters and with regard to the test that was conducted by ABRA. MR. WOODSON: Mr. Alberti -Well, I
just want to ask Ms. Phillips a question. MR. WOODSON: Yes. Ms.
Phillips, I'm a little slow here, so bear with me. MS. PHILLIPS: It's been a long
My recollection is there's a notice of cure in Neal R. Gross & Co., Inc. 202-234-4433
Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the voluntary agreement. MS. PHILLIPS: There is. There
are notice to cure -- notice and time to cure requirements of the voluntary agreement, and they're very specific. INTERIM CHAIRMAN ALBERTI: And
you're saying that the documentation that you want to present through this witness is related to that? MS. PHILLIPS: Right, and it's -And
INTERIM CHAIRMAN ALBERTI: it's a process of curing the original complaint? MS. PHILLIPS: It is in the
process of establishing that the Complainants complied with the voluntary agreement as they are requesting that the establishment comply with the voluntary agreement. And without
some sort of testimony about the precursors that were required until we got to this stage where a notice and a problem was identified, then the Board is operating in less than a Neal R. Gross & Co., Inc. 202-234-4433
Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 perfect context. Additionally, this witness will explain what the neighborhood looks like and other issues in the neighborhood that will provide in brief a context in which the Board can look at this notice. And all of the
information that will be introduced is one either contained in the investigative report, which if history is any predictor, counsel for the establishment had before I identified it as an exhibit that I would be using and offering in evidence at this hearing. And attached to those investigative reports, of which there are two, 175 and 175A, there are various exhibits which are in part to be identified by this witness, in part by the other witness that I will be calling, community witnesses, two community witnesses. And then the remainder of the evidence to be discussed will be introduced and identified by the investigator. Neal R. Gross & Co., Inc. 202-234-4433 All of
Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 these things that we will be discussing were looked at by the investigator, from what I can tell. INTERIM CHAIRMAN ALBERTI: you, Ms. Phillips. Mr. Woodson? MR. WOODSON: Yes, Mr. Alberti, We have one Thank
this is a stunning situation. event on one day.
We have two investigative This is an
reports that speak for themselves.
effort to create a mountain out of this molehill. If the issue -- if the Board has
two investigative reports before it which really outline the whole circumstance, this testimony, if anything, is a redundancy. of the discussion about -- the proposed discussion about what happened, with whom, by what, by when seems to us to really be beside the point. The voluntary agreement says that the Applicant will take steps to resolve the noise issues. When the noise issue was All
Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 for you. brought to attention, the investigative agent for the Board came to the site. This is all
in the investigative report, that's a matter of record before your body, that steps were taken to ameliorate the circumstance, and there we have it. All of this additional
discussion seems not only redundant but beside the point and really is a conduit to enlarge the proceeding beyond the straightforward issues, the single issue that is presented today in the case. Thank you. Thank
INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson.
Ms. Phillips, I have a question So are you trying to -- with these
documents, at least in part, are you trying to provide evidence that Protestants have met their obligations under Section 16 of the voluntary agreement? This is a notice and In the
enforcement before the ABC Board.
event of a violation of provisions of the voluntary agreement, the Applicant shall be Neal R. Gross & Co., Inc. 202-234-4433
Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 notified in writing, etcetera. MS. PHILLIPS: Yes, in part. And
also, the District is trying to look at page 2, Section 6, Applicant will take all necessary steps to ensure that music, noise and vibrations are not disruptive to adjacent residential properties' occupants' reasonable use of areas of their property. Should any
sound, noise or music be heard in any residential premises, Applicant will take immediate remedial action. And that's before
you get to the notice requirements in the voluntary agreement. So in order to establish what Mr. Woodson is -- that the neighborhood and Complainants have been reasonable, I think we need a little bit of information before the Board to establish that the requirements of the voluntary agreement, which is what we're here to discuss, were met. Additionally, that
kind of information should be in the record if this matter goes elsewhere. Neal R. Gross & Co., Inc. 202-234-4433
Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR. WOODSON: Mr. Alberti, with
all due respect to my learned colleague, the investigative -- if this -- if we were beginning this proceeding with the investigative reports, all of this would be unnecessary. The investigative report goes There was a
right to that very matter.
complaint, there was an investigation by ABRA and there were steps taken by the Applicant, or by the owner to in fact remediate the sound that was the source of the unreadiness in the beginning. All of this is in the
investigative report. Having to listen and expand the record with additional testimony, which essentially seeks to establish the same thing again, we still object to this. It is beyond
the scope of the one narrow order in the case today and we -- with all due respect, I think the Board's time, attention and resources are better focused on what its agents found and did on the moments in question through the Neal R. Gross & Co., Inc. 202-234-4433
Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 pardon? MR. WOODSON: objection for the record. INTERIM CHAIRMAN ALBERTI: it's noted for the record. Please proceed, Ms. Phillips. MS. PHILLIPS: And, Mr. Alberti, Yes, Just notice my investigative reports. INTERIM CHAIRMAN ALBERTI: Mr. Woodson, I'm going to overrule the objection. I think item 6 and item 16 of the Well,
VA, taken together, speak to the fact that there has to be a series of incidents over a period of time to prove a violation of the voluntary agreement. And I believe that
that's what Ms. Phillips intends to show through this testimony. the testimony. MR. WOODSON: Well, would you So I'm going to allow
permit me notice my objection for the record? INTERIM CHAIRMAN ALBERTI: To --
Mr. Chair, I will also give the learned Neal R. Gross & Co., Inc. 202-234-4433
Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chair. INTERIM CHAIRMAN ALBERTI: deal with the time issue as it unfolds. Continue, Ms. Phillips. MS. PHILLIPS: May I begin now? Yes, We'll agree. counsel to my left a standing objection so that they will not have to object to each question, which should speed the matter along, if necessary. INTERIM CHAIRMAN ALBERTI: Do you
desire a standing objection, Mr. Woodson? MR. WOODSON: Well, I'm not quite
sure what her standing objection is, but I will await the questions that she asks and then decide whether an objection is warranted. INTERIM CHAIRMAN ALBERTI: I think
it's best to proceed that way, Mr. Woodson. MR. WOODSON: Yes. I
INTERIM CHAIRMAN ALBERTI: I think we'll -MS. PHILLIPS:
Thank you, Mr.
INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433
Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 work? MR. DANILOVICS: I work at the reside? MR. DANILOVICS: I'm at 1316 you may begin. MS. PHILLIPS: Would you state
your name for the record and spell it for the court reporter, please? MR. DANILOVICS: Danilovics, G-E-O-R-G-E. A-N-I-L-O-V-I-C-S. MS. PHILLIPS: And where do you George
The harder part, D-
Naylor Court, Northwest, Unit No. 4. MS. PHILLIPS: Is that a
condominium building immediately adjacent to the establishment in question, Mood Lounge? MR. DANILOVICS: MS. PHILLIPS: Yes, it is. And where do you
Washington Council of Governments. MS. PHILLIPS: Let me ask you to
look at Exhibit A, tab A of the notebook that you see. And then there is a -- when you get Neal R. Gross & Co., Inc. 202-234-4433
Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 please. MR. DANILOVICS: I'm sorry. Please to tab A there are tabs, and look at tab 3, the second page of tab 3. Can you identify
the second page of Exhibit A, attachment 3, please? MR. DANILOVICS: Yes, this is a
letter that the Owners of the NINE, which is the name of the condominium association, sent to Mood Lounge in a specific complaint to noise and asking them that they take the steps that are required in the voluntary agreement to remedy those noises. MS. PHILLIPS: Was this the first
official written notice of a noise complaint? MR. DANILOVICS: official written, yes. MS. PHILLIPS: MEMBER NOPHLIN: It was? And -The first
And speak up,
INTERIM CHAIRMAN ALBERTI: speak up, Mr. Danilovics. MR. DANILOVICS: Sorry.
Yes, it
Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. MS. PHILLIPS: Prior to that time was. INTERIM CHAIRMAN ALBERTI: actually if you could face us. And
I know it's a
little awkward, but if you face us when you answer the questions, because -- and I believe it's awkward -MR. DANILOVICS: Sure thing. Thank
had you given any -- had you made any verbal complaints in an attempt to resolve this matter? MR. DANILOVICS: Yes,
representatives from the lounge were at some ANC hearings and at Blagden Alley/Naylor Court Association meetings and we approached them informally at those venues about the noise issue. MS. PHILLIPS: Now, when did Mood
Lounge become a resident of your neighborhood? MR. DANILOVICS: I believe they
Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the right? MS. PHILLIPS: MR. DANILOVICS: MS. PHILLIPS: Right. Okay. Looks like this? moved in in January of 2011. MS. PHILLIPS: Did you meet them
in a good neighbor capacity prior to your complaints? MR. DANILOVICS: MS. PHILLIPS: We did not. If you will look at
attachment B, I mean Exhibit B, attachment -Exhibit 1 to -- and that's the second investigative report, B is. And it may not be a one. tab. MR. DANILOVICS: MS. PHILLIPS: that document in Exhibit 1? MR. DANILOVICS: Is this the ABRA Yes. Can you identify And Exhibit 1.
It just may be a
complaint related to trash and noise again? MS. PHILLIPS: MR. DANILOVICS: Okay. So --
It's the one on
Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR. DANILOVICS: MS. PHILLIPS: Yes. All right. So this
was another written report about noise, because this complaint is about noise, correct? MR. DANILOVICS: Correct, this is
another submission related to noise. MS. PHILLIPS: this notice sent? And what date was
It looks like an online
complaint form that ABRA has. MR. DANILOVICS: find the date on this. MS. PHILLIPS: MR. DANILOVICS: Mid-right. Oh, there it is. I'm trying to
On the date -- sorry -- May 15th. MS. PHILLIPS: MR. DANILOVICS: MS. PHILLIPS: 2011? 2011. And did you fill
this complaint out online through ABRA Web site? MR. DANILOVICS: online pdf form. Neal R. Gross & Co., Inc. 202-234-4433 Yes, it was the
Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. PHILLIPS: And subsequently
did anything happen -- did an ABRA investigator come out and talk to you with regard to this May 15th complaint? MR. DANILOVICS: MS. PHILLIPS: Yes. And from your
actual attendance, not from what anybody else did, but from what you did, did you meet with that ABRA investigator? MR. DANILOVICS: MS. PHILLIPS: Yes, I did. And what were the
circumstances and in brief what happened? MR. DANILOVICS: It was an
afternoon, and I'd have to look to find the exact date, but the ABRA investigator came out. It was myself, another one of the
witnesses and a representative from Mood Lounge to do sound tests. I was in my
condominium while they were adjusting volumes within Mood Lounge and it was, you know, can you hear the sounds now and we -- you know, they adjusted the volume until it was an Neal R. Gross & Co., Inc. 202-234-4433
Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 right. acceptable level. that process to -MS. PHILLIPS: another condo owner? MR. DANILOVICS: MS. PHILLIPS: Yes. Was that other And you were with Took about a half hour for
condo owner in his condo, not in yours, or what? MR. DANILOVICS: I was in mine, so He wasn't in
I can't tell you where he was. my condo. MS. PHILLIPS: Okay.
Good.
All And
I want you to turn to Exhibit D.
while you're finding -MR. DANILOVICS: MS. PHILLIPS: Yes, I got it. -- Exhibit D, does
your condominium share an actual wall with the establishment Mood Lounge, or is there some space between your condo and Mood Lounge? MR. DANILOVICS: My condo actually
-- you can't see on this picture, but it doesn't share a wall with Mood Lounge. Neal R. Gross & Co., Inc. 202-234-4433 The
Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 unit below me does share a wall, which is the second floor. I'm actually the third and
fourth floor of the building, so I'm up above Mood Lounge. MS. PHILLIPS: does that show? MR. DANILOVICS: That shows the So Exhibit D, what
front of the buildings along 9th Street, Northwest. MS. PHILLIPS: And so it shows the
front of your building and the front of Mood Lounge. But in the foreground is there an art
gallery or something there? MR. DANILOVICS: Yes, Bishop
Lamont Art Gallery is the first building. MS. PHILLIPS: And do they hold
musical events in that establishment from time to time? MR. DANILOVICS: Yes, they do.
They get one-night liquor licenses from ABRA to host events and gallery openings. MS. PHILLIPS: Do they have like
Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 chamber music or music that's similar to the type of music that Mood Lounge has, or do you know? MR. DANILOVICS: I have not been
inside to tell you what type of music, but it sounds like they have a DJ providing the music for them. It doesn't seem like there's a live It seems recorded
band or any type of music. dance music. MS. PHILLIPS:
Have you had a
chance or has it been necessary to make complaints against that particular establishment for music? MR. DANILOVICS: No, the
neighborhood's had no complaints and I've had no issue with the noise from Bishop Lamont. MS. PHILLIPS: to Exhibit E, please? MR. DANILOVICS: MS. PHILLIPS: MR. DANILOVICS: Okay. What is that? This is a shot up You can see If you would turn
Naylor Court looking eastbound.
Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Lounge -MR. DANILOVICS: MS. PHILLIPS: Correct. -- then yours is Mood Lounge? the NINE Condominium, which is the red brick building and Mood Lounge, which is the gray building. So this is the rear of the
establishments. MS. PHILLIPS: So if I'm looking
into the picture on my left -MR. DANILOVICS: MS. PHILLIPS: Yes. -- that would be
I mean, on the left the -- see, I'm sorry. Yes. So if that is Mood
I don't have a color picture. MR. DANILOVICS: MS. PHILLIPS:
the lighter brick with the two looks like garage doors? MR. DANILOVICS: MS. PHILLIPS: Yes. Is that a gate
between you and the next establishment? MR. DANILOVICS: It's a stairwell
between us and the next establishment, which Neal R. Gross & Co., Inc. 202-234-4433
Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 And No. F? MR. DANILOVICS: MS. PHILLIPS: MR. DANILOVICS: Okay. What is that? This is the shot is a sandwich shop. MS. PHILLIPS: Does the gate lead
to an alley which leads all the way to 9th Street? MR. DANILOVICS: It's sort of an
open-air courtyard between the sandwich shop and where Bishop Lamont is in the front on 9th Street. MS. PHILLIPS: And may I assume
that the sandwich shop doesn't have live music ever? MR. DANILOVICS: MS. PHILLIPS: No, they do not. Okay. All right.
of Mood Lounge, a close up of the back with their please do not urinate in alley signs and the request for people not to park in the alley. MS. PHILLIPS: Okay. And G?
Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 your deck? MR. DANILOVICS: MS. PHILLIPS: MR. DANILOVICS: Yes. And H? This is a view fence. MR. DANILOVICS: That's an outdoor MR. DANILOVICS: This is a shot of
the NINE, which is the condominium I live in where you can see -- as you pointed out earlier, the first floor is storage units. The second floor is a condo unit that is owned by somebody else. And then you'll see the
third and the fourth floor are my unit. MS. PHILLIPS: two-story unit? MR. DANILOVICS: MS. PHILLIPS: Yes. Oh. And I see a Okay. You have a
deck that I have that is on the roof of the second floor. MS. PHILLIPS: Okay. And that's
from inside my unit on the third floor, which is my first floor, looking eastbound where you Neal R. Gross & Co., Inc. 202-234-4433
Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 deck. MS. PHILLIPS: Okay. Now as I deck? MR. DANILOVICS: No, it's not my can see the southern wall of Mood Lounge and then an outdoor deck space shared by two other condo unit owners in the building. MS. PHILLIPS: But that's not your
look at this picture H, it looks like the walls of the NINE merge with an attachment to the wall of Mood Lounge. Is that a fair
assessment of this picture? MR. DANILOVICS: That's what it
looks like from the second floor is that there is a gap between the two buildings. MS. PHILLIPS: MR. DANILOVICS: Yes. And then they
come together at the first floor. MS. PHILLIPS: Okay. And that is
at the level of the first floor of another condominium, not yours? MR. DANILOVICS: Correct.
Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. PHILLIPS: MR. DANILOVICS: All right. I?
This was from the
second floor just outside my deck looking eastbound where you can see that the second floor of the structures of Mood Lounge and my condo building are actually abutting one another. And that's further eastbound there
is a two or three-foot gap between the two buildings. MS. PHILLIPS: All right. And do
you recall, did Mood Lounge always have a second floor? MR. DANILOVICS: always had one. used it. MS. PHILLIPS: MR. DANILOVICS: Okay. And J? The building
I can't say if they've always
This is an aerial
shot of the neighborhood pointing out locations of Mood Lounge and the NINE, also highlighting other businesses or organizations in the area that do have activities that produce noise, specifically the Bishop Lamont Neal R. Gross & Co., Inc. 202-234-4433
Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Art Gallery. We do have a band recording We have a photography
studio in Naylor Court.
studio, which also has -- holds openings with entertainment and lots of people. have two churches. MS. PHILLIPS: When the test was And we also
completed and you were indeed satisfied that can you hear me now was adjusted to a point where -MR. DANILOVICS: MS. PHILLIPS: Yes. -- you couldn't
really hear you now, what were you looking for? Were you looking for complete silence in
your condominium? MR. DANILOVICS: No, and that's
actually what we went through with the inspector is we did get to a level where I could have my windows open and not hear any noise, because he specifically asked, you know, are your windows open or are your windows closed? And at one point my windows We
were open and I could not hear anything. Neal R. Gross & Co., Inc. 202-234-4433
Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 then got to a point where I was able to say my windows are open, but I can hear, but it's okay. If I shut the windows, I can't hear The level that I was even expecting
anything.
was just to be able to have the windows shut and have my television on and be able to hear my television and not the music from outside. MS. PHILLIPS: Now after the test
was completed was there a period of time when the noise level was acceptable to you? MR. DANILOVICS: Yes, it was
acceptable for about two weeks. MS. PHILLIPS: questions of this witness. I have no further I would move for
the admission of all of the pictures that we have discussed. That would be Exhibit D
through J, which includes the map, and Exhibit A, attachment 3 and Exhibit B, attachment 1. INTERIM CHAIRMAN ALBERTI: you, Ms. Phillips. Thank
Noting Mr. Woodson's
objections, we will -MR. WOODSON: Yes, Mr. Chairman,
Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that. INTERIM CHAIRMAN ALBERTI: during cross-examination. MR. WOODSON: Past that, Your -the photographs speak for themselves. observe that the witness' remarks about direction may have been somewhat misplaced. Mood Lounge is north not than east. And I must
Naylor Alley runs north and south rather than east and west, but -INTERIM CHAIRMAN ALBERTI: this all can be cleared up -MR. WOODSON: Past that. Past Well,
Honor, Mr. Chairman, we do not object to the photographs. INTERIM CHAIRMAN ALBERTI: MR. WOODSON: Okay.
We do object to the
submission of this other Exhibit meaning what looks like to be Exhibit C and -MS. PHILLIPS: That hasn't been
identified for the record yet. MR. WOODSON: Okay. So let me be
Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 has -MS. PHILLIPS: Five exhibits. And sure what exhibits we are talking about. Would you restate them again, counsel? MS. PHILLIPS: Certainly. I
assume that you're not objecting to the pictures or the maps, so we can move to the other two exhibits? MR. WOODSON: MS. PHILLIPS: Yes. Yes. Exhibit And
All right.
A is the first investigative report.
attached to Exhibit A are I believe five exhibits. And I have requested on behalf of
the District to admit Exhibit A, attachment 3. And to be more specific, the second page of attachment 3, which is actually an exhibit to the first investigative report. INTERIM CHAIRMAN ALBERTI: Exhibit A is an investigative report? MS. PHILLIPS: Right. And it So
I'm asking for the second page of the third Neal R. Gross & Co., Inc. 202-234-4433
Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Woodson -MR. WOODSON: Well --- the you. MR. WOODSON: Yes, we do object to exhibit to be admitted. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: and As and Bs. INTERIM CHAIRMAN ALBERTI: I got Okay.
That's why I used 1
the inclusion of Exhibit 3 to the investigative report. INTERIM CHAIRMAN ALBERTI: Before
we get to that, Mr. Woodson, this is part of the ABRA record, am I correct? MS. PHILLIPS: of the ABRA record. INTERIM CHAIRMAN ALBERTI: So, Mr. It is indeed part
Board will take administrative note of what's in our record. MR. WOODSON: Well, I certainly That's why I
appreciate that, Mr. Alberti.
Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 record. INTERIM CHAIRMAN ALBERTI: So the other exhibit now is? MS. PHILLIPS: B, which is the Okay. right. stated in the beginning we didn't need this witness. If what we're doing is admitting the
Board's investigative record, we could have done that by stipulation and then talked about pictures. So -INTERIM CHAIRMAN ALBERTI: All
Well, we're talking about the exhibit,
whether it should be admitted or not, so -MR. WOODSON: object to that. It's -Okay. Yes, we cannot
INTERIM CHAIRMAN ALBERTI: MR. WOODSON:
-- the Board's
second investigative report, and it has three exhibits attached to it as I recall. And
Exhibit 1 is to Exhibit B, District Exhibit B, is the online complaint form which this witness identified. INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433 Okay.
Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chair. Okay. Very good. MR. WOODSON: As I stated before, Chairman. INTERIM CHAIRMAN ALBERTI: Okay. And I assume, Mr. Woodson, that you're going to have objections to some future exhibits, but to these two? MR. WOODSON: Absolutely not, Mr.
we could have started with this. INTERIM CHAIRMAN ALBERTI: Yes.
But, you know, that's the prerogative
of the Attorney General's Office as they present the case. So we will accept those
into evidence, Ms. Phillips. MS. PHILLIPS: Thank you, Mr.
I have no further questions of this
witness, Mr. Chair. INTERIM CHAIRMAN ALBERTI: Questions from the Board? Okay. Okay.
I have a question.
The first exhibit you spoke about was
a letter to Mood Lounge? MR. DANILOVICS: Yes.
Page 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 9th, 2011. INTERIM CHAIRMAN ALBERTI: what was the date of that letter? MR. DANILOVICS: March 9th, 2011, sir. INTERIM CHAIRMAN ALBERTI: March That date was And
And how was that letter delivered
to Mood Lounge? MR. DANILOVICS: I was not the
person who delivered that, so I can't answer that question. INTERIM CHAIRMAN ALBERTI: Okay.
And the second exhibit you spoke to, I believe it was a notice to ABRA on May 15th. correct? MR. DANILOVICS: Yes. A Is that
INTERIM CHAIRMAN ALBERTI: complaint to ABRA? MR. DANILOVICS: Yes.
INTERIM CHAIRMAN ALBERTI: result of that complaint when did the investigator visit your residence? MR. DANILOVICS:
As a
The investigator
Page 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 fine. Fine. what date? MR. DANILOVICS: I'd have to look didn't specifically say that he was visiting for that complaint, or he didn't identify which complaint. INTERIM CHAIRMAN ALBERTI: So what
day did the -- so the investigator visited your residence -MR. DANILOVICS: Yes. -- on
to find that on the calendar, which is another exhibit. MS. PHILLIPS: It's in the
investigative report and somebody else will testify to that, Mr. Alberti. INTERIM CHAIRMAN ALBERTI: So you can't answer that? MR. DANILOVICS: Yes, I -That's Okay.
INTERIM CHAIRMAN ALBERTI: That's fine. Okay. No further
questions. Any questions from the Board? Neal R. Gross & Co., Inc. 202-234-4433
Page 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Nophlin? MEMBER NOPHLIN: In your testimony MEMBER NOPHLIN: question, Mr. Chair. INTERIM CHAIRMAN ALBERTI: Mr. I have just one
you mentioned that you did -- I guess you met with the owners, the ANCs, I guess. met? There was some discussion? MR. DANILOVICS: MEMBER NOPHLIN: Yes. And you didn't You And they
elaborate on -- what was the problem? said it didn't work out. problem? MR. DANILOVICS: What was the
Yes, at the ANC
and -- at the ANC 2 and at the Blagden Alley/Naylor Court Association meetings Mr. Henry was there for Mood Lounge, and we approached him about the noise issues. He
provided us his business card and offered up, you know, if we have noise issues to contact him, email him. I personally have emailed him
while he was employed at Mood Lounge when Neal R. Gross & Co., Inc. 202-234-4433
Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Danilovics. you. Mr. Chair. INTERIM CHAIRMAN ALBERTI: Gordon, any cross based on the Board's questions? MS. GORDON: No, sir. Thank Ms. Chair. INTERIM CHAIRMAN ALBERTI: you, Mr. Nophlin. Any redirect, Ms. Phillips, based on those questions? MS. PHILLIPS: No, no redirect, Thank there had been issues with noise and trash and with some results and sometimes not getting results. MEMBER NOPHLIN: Thank you, Mr.
INTERIM CHAIRMAN ALBERTI: Mr. -- I'm sorry. MR. DANILOVICS:
Danilovics.
INTERIM CHAIRMAN ALBERTI: You may step down. MS. PHILLIPS: Thank you. The
Thank you.
District of Columbia will call Mr. Hingoraney Neal R. Gross & Co., Inc. 202-234-4433
Page 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. as its next witness. I believe he's outside. Okay.
INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: to get him or -INTERIM CHAIRMAN ALBERTI: there someone else who can get him? MS. PHILLIPS: Oh.
Would you like me
Is
INTERIM CHAIRMAN ALBERTI: you, Chief Jackson.
Thank
Mr. Hingoraney, if you would approach the witness stand and raise your right hand? Do you solemnly affirm that the
testimony you're about to give will be the truth, the whole truth and nothing but the truth? MR. HINGORANEY: I do. Thank
INTERIM CHAIRMAN ALBERTI: Please be seated. MS. PHILLIPS:
Will you state your
name for the record and spell it? MR. HINGORANEY: Rishi Hingoraney,
R-I-S-H-I, H-I-N-G-O-R-A-N-E-Y. Neal R. Gross & Co., Inc. 202-234-4433
Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 reside? MR. HINGORANEY: I reside at 1442 speak up? INTERIM CHAIRMAN ALBERTI: Mr. Hingoraney, if you would speak up. you could direct your answers -MR. HINGORANEY: Of course. -Sure. Yes, And if MS. PHILLIPS: Does he need to
INTERIM CHAIRMAN ALBERTI: towards the Board.
It's a little awkward I
know, but this way we'll be able to hear you clearly. MR. HINGORANEY: Sure.
INTERIM CHAIRMAN ALBERTI: Proceed, Ms. Phillips. MS. PHILLIPS: I believe that the
court reporter has the mic, so when you speak into the mic, he hears you, but he will let me know if he cannot hear you. Yes, would you tell me where you
E Street, Southeast in Washington, D.C. MS. PHILLIPS: What is your
Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 a wall? MR. HINGORANEY: MS. PHILLIPS: That's correct. Okay. If you will Is that your We do. MS. PHILLIPS: You actually share connection to the NINE? MR. HINGORANEY: My family owns a
condominium at the NINE and my wife and I manage the condo on behalf of my parents. And
we have been dealing with this sound issue on behalf of our tenants -- two sets of tenants since the beginning of the year. MS. PHILLIPS: are you employed? MR. HINGORANEY: National Public Radio. MS. PHILLIPS: Does your I work at NPR, Okay. And where
condominium unit have a contiguous wall with Mood, or is it separated by a small alley? MR. HINGORANEY: We share a wall.
turn to Exhibit G in the book. condominium unit?
Page 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of any kind? MR. HINGORANEY: We do have a Sorry, on MR. HINGORANEY: MS. PHILLIPS: That is, yes. And those doors
that look like garage doors to me is that part of your unit? MR. HINGORANEY: That's not. That
is I believe retailer storage space right below us. MS. PHILLIPS: Okay. And is your
condominium a multi-level condominium? MR. HINGORANEY: No, it's just one
-- well, it's got a very small staircase in it, but it's considered one level. MS. PHILLIPS: Do you have a deck
balcony on the rear of the condo.
the other side, which is the front of -- not facing Naylor Court, we have a balcony. MS. PHILLIPS: Okay. If you will
look briefly through the pictures that start with D and end with I is there a picture of your balcony in any of those, even the Neal R. Gross & Co., Inc. 202-234-4433
Page 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 object. smallest corner of your balcony. MR. HINGORANEY: Yes, in Exhibit H
on the lower right-hand side of the picture is a picture of the left side of our balcony. MS. PHILLIPS: Were you involved
in any witnessing of noise violations within the condominium that your family owns or in any other condominium prior to the first written report? MR. WOODSON: Mr. Chairman, I
We're not here to talk about any
circumstance on any day that could be of this witness' choosing. The issues at hand at the
dates in issue in the investigative reports. This is just what I thought was going to happen. The witness now -- the Government is
now putting forth witnesses to discuss matters extraneous to the circumstances discussed in both of the investigative reports. now an evidentiary matter. They're
If the witness
wishes to discuss circumstances associated with these dates, that's one thing, but to Neal R. Gross & Co., Inc. 202-234-4433
Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 discuss circumstances around any date they wish to choose, I submit, is improper. INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson. Ms. Phillips? MS. PHILLIPS: I have limited it Thank
to, if not specifically to the date on which that hearing -- the investigative test was done, which I believe was May 17th, but you know I always have to check those things; oh, I'm sorry, May 19th, 2011, and earlier, partially to discuss this witness' actual knowledge, because as he has now testified, he doesn't live in the condominium. He manages So
it along with his spouse for his parents.
I want to make sure that if he had any other witnessings of noise complaints within his condominium or another condominium that he speaks only to those. MR. WOODSON: object to this again. INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433 Well, Mr. Chairman, I
Page 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Woodson? MR. WOODSON: Yes, this witness is wait, wait. being asked. MR. WOODSON: Okay. So let I'm trying to understand what's
INTERIM CHAIRMAN ALBERTI: me -- just let me -MR. WOODSON: Sure.
INTERIM CHAIRMAN ALBERTI: asking the witness about what date? MS. PHILLIPS:
You're
About any dates
prior to the test on May 19th in which he actually witnessed noise or vibration complaints in a condominium contained within the NINE. to He does not live there, so I want
make sure that the question is predicated
so that if he has knowledge of other events from discussions with other people that he does not testify about those, but only to those events of which he has actual knowledge. INTERIM CHAIRMAN ALBERTI: Mr.
-- from what I've understood here, this Neal R. Gross & Co., Inc. 202-234-4433
Page 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I'm sorry. Mr. Chair. witness is going to testify about May 19th. Okay. Testify about May 19th. But to testify
about what he did or may not have done, what he heard or may not have heard at some other time is not an issue in the proceeding. Despite the Government's repeated attempts to make them issues in the proceeding, they are not and I object and think that this testimony is improper. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: Ms. --
The -- may I speak?
I didn't mean to interrupt you, The voluntary agreement is very
specific and I've read the portion that I on behalf of the District believes is important about the -- any noise complaint, any vibration complaint, any anything the establishment must do immediate action. And
then the section that the Chair pointed out from having reviewed the voluntary agreement, which has the notice requirements which require, you know, verbal and written notice Neal R. Gross & Co., Inc. 202-234-4433
Page 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 to the establishment before the condominium, if they have any complaints, can go to an official body like ABRA or DCRA or OAG, or anything like that. I think in order to establish the predicate to what we're dealing with here that brief testimony from but two of; I don't know how many units there are in there, is important to understand the context in what we're dealing with. MR. WOODSON: Mr. Chairman, with
your indulgence, please, the Government's interpretation of the terms of the voluntary agreement create an open-ended circumstance within which they could talk about anything at any time, any noise at any time and anywhere. It's just too much. The complaint that we are
here about, the complaints that are at issue before the Board today are in the investigative report. This continued
discussion, this continued push to make this matter broader than that I think is improper. Neal R. Gross & Co., Inc. 202-234-4433
Page 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 objection. one minute. Okay. I am going to sustain the Mr. Woodson? MR. WOODSON: Yes? Just INTERIM CHAIRMAN ALBERTI: Okay.
So we're not going to hear
complaints related to noise or privacy that are outside of what is being reported in the two investigative reports we have before us. MS. PHILLIPS: So what you're
saying is everything that's predicate required by the voluntary agreement, which is what got us to this notice, this witness cannot testify about? INTERIM CHAIRMAN ALBERTI: How is
what this witness has to say related to -this voluntary notice requires a notice to cure. All right? so there has to be notice. Yes. And
MS. PHILLIPS:
INTERIM CHAIRMAN ALBERTI: then there is a period of cure.
All right?
Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 And then to be a legitimate complaint, something has to happen after that period in which we allow for the establishment to cure the problem. How does his testimony relate to
that sequence of steps? MS. PHILLIPS: Well, I believe
that in order to determine the reasonableness of the steps which the Complainants used to comply with the voluntary agreement are important in brief to understand how we got to the notices. ABRA is not allowed to
investigate until there has been notice to the establishment, written notice to the establishment, and an opportunity to cure for which there is a 30-day grace period. And then, and only then are the Complainants allowed to complaint to ABRA according to the voluntary agreement. And
then ABRA has to get an investigator to be able to come out. And then if it's
established that there needs to be a notice done. And then there's a notice done. Neal R. Gross & Co., Inc. 202-234-4433 And
Page 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 then there's a hearing. But there are certain reasonable requirements that have been engaged in before the first written notice that I believe in brief establish how reasonable the Complainants tried to be before they resorted to the voluntary agreement. And I think that
is important to establish the milieu in which the first complaint was raised. INTERIM CHAIRMAN ALBERTI: first complaint being? MS. PHILLIPS: This one that And the
caused these notices to be issued, to cause these investigative reports to be done and caused the notice to be written. And the
first written complaint to comply with the voluntary agreement was March 9th. INTERIM CHAIRMAN ALBERTI: I think
the reasonableness standard really has to apply to the first letter of notice, which was in March, correct? MS. PHILLIPS: I --
Page 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 INTERIM CHAIRMAN ALBERTI: There
was a notice to the establishment in March, if I'm correct. And I haven't seen that, but
that's what I understand the testimony to be, there was a notice of -- saying that the sound levels were unacceptable in March. correct? MS. PHILLIPS: There was a written Is that
notice complying with the voluntary agreement on March 9th, 2011. INTERIM CHAIRMAN ALBERTI: Right.
And so the reasonableness criteria I think applies to that, not the subsequent complaints, only -- except for the one we're dealing with today. MS. PHILLIPS: Right. And I'm not I'm not
talking about subsequent complaints. talking about subsequent complaints. INTERIM CHAIRMAN ALBERTI: talking about -MS. PHILLIPS:
You're
I'm talking about
the reasonableness that the Complainants used Neal R. Gross & Co., Inc. 202-234-4433
Page 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Mr. Woodson? MR. WOODSON: Yes? So prior -- in their dealings with the establishment prior to the official notice at the last couple of sections of the voluntary agreement. I'm talking about -INTERIM CHAIRMAN ALBERTI: official -- prior to March? MS. PHILLIPS: Prior to March. The
And I'm talking about it in the context of the voluntary agreement section that I read to you, the Board -INTERIM CHAIRMAN ALBERTI: Okay.
we're talking about prior to March, because I think we need to establish the reasonableness of that first letter saying we have a problem here. MR. WOODSON: Well, let me offer This notion of
this, if I could, Mr. Alberti.
reasonableness is really outside of the case itself. The voluntary agreement, as the Neal R. Gross & Co., Inc. 202-234-4433
Page 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 could. Government is propounding it to us and to the -- not to us, to the Board, is that the complaint was filed. The Government wants to
say that the filing of the complaint was reasonable. There's no requirement that the There's nothing
complaint be reasonable. about that.
INTERIM CHAIRMAN ALBERTI: MR. WOODSON: If I could. The
Well -If I
Indulge me, Mr. Chairman.
complaint was filed.
The response from ABRA
was clear and the response from Mood Lounge to ABRA's investigation and test, if you will, sound test took place. All of that happened.
The fact that the complaint may have been reasonable in the beginning is really beside the point. reasonable. It's not whether the complaint was It was whether the response was
proper, not the complaint. INTERIM CHAIRMAN ALBERTI: MR. WOODSON: Well --
And so they have --
Mood Lounge has in fact responded and did in Neal R. Gross & Co., Inc. 202-234-4433
Page 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 fact respond to this. If there is some
violation associated with this, it doesn't arise out of whether the complaint was reasonable. It arises out of the response of
Mood to the complaint and ABRA's investigative activity. And so, I submit that this testimony really is beside the point. What
we're really looking at is what the response of Mood Lounge has been with the complaint that was filed. INTERIM CHAIRMAN ALBERTI: Mr.
Woodson, I'm going to allow this testimony. If this is prior to the March letter, I will allow it, because this whole process all starts with notification to the Licensee. And
I think part of the Board's concern is is that notification was justified. If it wasn't And
justified, then there is nothing to cure. so, I think reasonableness, there has to be
reasonableness standards applied to that first notice to the establishment. So I'm going to
Page 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 allow testimony leading up to that first notice. Is that understood, Ms. Phillips? MS. PHILLIPS: I believe that what
I said was that it needed to be before May 17th -INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: No.
-- and there was --
if -- listen to this argument and I will say -INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: first written notice. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: cure was April 9th. Yes. Okay.
March 9th was the
The opportunity to
The first noise test that
ABRA was able to investigate was May 17th -May 19th. INTERIM CHAIRMAN ALBERTI: And
that's the incidence that brought us here today? MS. PHILLIPS: And that is the
Page 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 instance. So they'd already had a violation.
They had a violation as of April 9th if there was no cure. INTERIM CHAIRMAN ALBERTI: I don't
think, Ms. Phillips, we can hear testimony about complaints and incidents that occurred between the letter of notice and the report that we're dealing with. I think they are So if
outside the scope of this hearing.
that's Mr. Woodson's objection, then I'm going to sustain that part of the objection as I understand it. MS. PHILLIPS: Well, it is the -The ones
those are even more important.
between April 9th and when ABRA came out to do the test to prove the violation and to try to fix the violation from that standpoint is even more important because the establishment under the voluntary agreement is only given 30 days to cure. And if the letter was March 9th,
April 9th or 10th would be the 30 days to cure. And if there's no allowance to have Neal R. Gross & Co., Inc. 202-234-4433
Page 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 even the briefest testimony that there were subsequent noise violations after April 9th -because that's what the violation is. what got us here. INTERIM CHAIRMAN ALBERTI: So That's
what's the purpose of talking -- of presenting evidence on those alleged noise violations? MS. PHILLIPS: Which ones? The
INTERIM CHAIRMAN ALBERTI: ones prior to the May violation. MS. PHILLIPS: the March letter? INTERIM CHAIRMAN ALBERTI: prior to the May 17th. MS. PHILLIPS: establish the violation. Because they
The ones prior to
No,
The complaints prior
to March 9th establish that the Complainants were reasonable before they wrote a letter. After March 9th they wrote a letter. They
complied with the voluntary agreement with regard to notice requirements. As of April
9th there has been an opportunity, the 30-day Neal R. Gross & Co., Inc. 202-234-4433
Page 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 opportunity to cure, or maybe it's April 10th. I mean, I didn't count the actual days. they have 30 days. arose -INTERIM CHAIRMAN ALBERTI: In this If there -- and what But
line of testimony will you present evidence that the Licensee was made aware of a continue problem? MS. PHILLIPS: MR. WOODSON: Yes. Mr. Alberti? Okay.
Ms. Phillips, I'm going to allow this line of questioning, but you understand that my understanding from what you're representing is that the purpose of this line of questioning is to represent -- is to show that the establishment was made aware that there was a perception that there was an ongoing problem from the residents? MS. PHILLIPS: I -And
that the Licensee was made aware of that? Neal R. Gross & Co., Inc. 202-234-4433
Page 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 complaints? MR. HINGORANEY: It was. It was will -INTERIM CHAIRMAN ALBERTI: Because MS. PHILLIPS: Right. Not
that they experienced it, but the Licensee was made aware of it. And if that's what you're
going to show, then I will allow this line of questioning. MS. PHILLIPS: All right. I
we're talking about the ability to cure here and take reasonable steps. MS. PHILLIPS: So continue. Okay. I think I
understand what you're asking. If you will turn to Exhibit A, tab 1, which would be the Exhibit 1 within the first investigative report which the District of Columbia has labeled A, is that an email from you to ABRA? MR. HINGORANEY: MS. PHILLIPS: Yes, it is. Was it about noise
Page 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 about -- it was expressing the fact that we had tried to work with the -- with Mood Lounge to address these problems and that we were having problems and we wanted to avail ourselves of the ABRA process for filing a complaint because cure had not been made by that date, April 13th. MS. PHILLIPS: And April 13th is
more than 30 days after your first written complaint? MR. HINGORANEY: MS. PHILLIPS: That's correct. Were you or an
agent for your family a signator of the March 9th letter? MR. HINGORANEY: Yes, my wife who
is the representative on the condominium board association was a signator. MR. WOODSON: Mr. Alberti, I have This
to lodge an additional objection.
testimony about what was a violation and what is a cure and when was the cure to take place, this is all actions of he said/she said. Neal R. Gross & Co., Inc. 202-234-4433
Page 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 The reason ABRA did an investigation was to make a finding. That's
what brought us to the Board today is ABRA's investigative finding. This is just talk.
This is his word of what he considers a violation to be. This could is -- this could Why don't we pick
be -- he could pick a date. February 26th as a date? date.
He could pick any
The point is not what he says as a It's what the finding is of That is why
matter of record.
ABRA's investigative report. we're here.
And I object to this testimony. It's speculative and it's prejudicial to the record and to the ability of Mood Lounge to adequately defend against that. some talk, and I object to it. INTERIM CHAIRMAN ALBERTI: Ms. Phillips? MS. PHILLIPS: This is what they Okay. This is just
call testimony under oath, which has always been in my history of trying cases just talk Neal R. Gross & Co., Inc. 202-234-4433
Page 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 under oath about the impressions of the witnesses of what is happening that they're complaining about in this case. I don't often
have these kinds of complaints in my past, but that is one of the reasons why I wanted to establish what he considered a violation. I mean, if he considers a violation a whisper of music in the condo that he owns and has tenants in, then I want the Board and anybody else to know that, because perhaps a whisper of noise in his condominiums with the windows shut and the doors shut is an unreasonable complaint. And I want the Board
to know that these were reasonable complaints, exactly what he's talking about, which I believe you precluded me from answering if he had witnessed any of the noise, what he called the noise violations himself as opposed to what his tenants told him. INTERIM CHAIRMAN ALBERTI: But I
think what's more important here is what he conveyed to -- what he can testify to what he Neal R. Gross & Co., Inc. 202-234-4433
Page 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that's -INTERIM CHAIRMAN ALBERTI: Were important. INTERIM CHAIRMAN ALBERTI: think part of that -MS. PHILLIPS: of noise is -INTERIM CHAIRMAN ALBERTI: the nature of what he perceived. MS. PHILLIPS: Right. And -- is Because the whisper And I conveyed to the Licensee. MS. PHILLIPS: I think both are
INTERIM CHAIRMAN ALBERTI: then what he conveyed to the -- because
without the piece of what he conveyed to the Licensee, then the Licensee can't be responsible for something they didn't know. And that's part of this case. MS. PHILLIPS: Right. And
they reasonably -- was there an expectation that they had knowledge of an alleged problem that they were to address, because that's Neal R. Gross & Co., Inc. 202-234-4433
Page 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 really the implication of the VA. MS. PHILLIPS: I think that -- I
believe you're saying the same thing I am, because both -- it's twofold. It's that the
Complainants; and I've only brought two -that the Complainants had a reasonable expectation of what noise they should experience with inside the confines of their condominium. Was that reasonable? That's why
I brought up the whisper of noise. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: Yes.
We all know that we And we
can hear things that are very faint.
heard the testimony previously that Mr. Danilovics only expected to be able to hear his television above the noise at a reasonable volume level. He didn't want to have to turn But that was his
his television up loudly. reasonable expectation.
I believe that there needs to be testimony from this witness, since he's an owner, not a resident, that he witnessed noise Neal R. Gross & Co., Inc. 202-234-4433
Page 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 this -MS. PHILLIPS: Complainant to -Neal R. Gross & Co., Inc. 202-234-4433 -- by this or vibrations and what they were like, just briefly, so that we know that he fielded to the establishment, in whatever he fielded to them, reasonable complaints as opposed to the whisper of noise. And that's all I wanted to
ask him when I got the first objection to the first question. I think it's twofold. Where
INTERIM CHAIRMAN ALBERTI: is that leading now? with this witness? MS. PHILLIPS:
Where is that leading to
This witness -That's So that's
INTERIM CHAIRMAN ALBERTI: the first -- you said it's twofold. one. Where is the second step?
Where is it
leading to, the second step? MS. PHILLIPS: It's leading to the
fact that there were reasonable complaints of an unreasonable level of noise -INTERIM CHAIRMAN ALBERTI: By
Page 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: establishment. INTERIM CHAIRMAN ALBERTI: going to overrule the objection. proceed, Ms. Phillips. MS. PHILLIPS: All right. So I'm I'm -- the Okay.
Please
going to start with the first prong of this test I provided. Were you ever a witness to noise violations that exceeded the whisper of noise or commonplace discussions in the condominium unit you own, which I believe is unit 4? MR. HINGORANEY: MS. PHILLIPS: MR. HINGORANEY: Unit 3. Sorry, unit 3. Yes, I have.
I've -- on a number of occasions; a number, but more than a couple occasions, been to the unit when our tenant was complaining and heard what can only be characterized as loud thumping noises. The wall was vibrating and
on one occasion the light fixtures were Neal R. Gross & Co., Inc. 202-234-4433
Page 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Mr. Alberti. humming because the noise was so loud. And throughout this process we've been very clear that we recognize we live in a city and the tenants live in a city and they understood that some level of noise is acceptable, but these levels were just above and beyond. MS. PHILLIPS: And with regard to
the vibration was anything else vibrating besides the light fixtures? MR. HINGORANEY: The dresser that
Michael the tenant -- our first of tenants had against the wall was also vibrating. MS. PHILLIPS: your first set of tenants. Okay. And you said
Was there a
particular reason why you lost that particular tenant? MR. HINGORANEY: Those tenants who
had been with us for a year left because they couldn't take the noise any longer. MR. WOODSON: I object to that, This witness
I object to that.
Page 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Phillips? MS. PHILLIPS: Hearsay is is testifying -- I have been reasonably patient about even objecting to his being able to testify at all because he is not even a resident that would be subject to this problem. We haven't even had his tenants come But now he's going to make
forward with this.
-- compound this circumstance even more by saying, well, I lost a tenant and then I lost another tenant. Yes, this witness is
testifying under oath, but I submit that that kind of testimony is not probative or reliable to the issues at hand. INTERIM CHAIRMAN ALBERTI: Ms.
allowable in this forum, and I believe a single statement that a condominium owner says that his tenant -- who he personally witnessed the level of noise inside that condominium, as he has just testified, was told that because the level of noise was the same as he testified that he heard personally was the Neal R. Gross & Co., Inc. 202-234-4433
Page 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 reason that that tenant left. I think that's
an important fact and we're not going beyond that. INTERIM CHAIRMAN ALBERTI: Well,
Ms. Phillips, the problem I'm having with your question was you sort of asked for his opinion as to why his tenant left. what his tenant told him. MS. PHILLIPS: I can cure that. And so You didn't ask
I can't that question because you're asking for his opinion. objection. MS. PHILLIPS: you why he or she left? MR. HINGORANEY: He told me that Did you tenant tell So I'll sustain the
the noise was too loud for him and his wife and he wanted to -- he couldn't stand it any longer and he wanted to leave. MS. PHILLIPS: If you would turn
to; I think I already had you turn to this section, A-3. Neal R. Gross & Co., Inc. 202-234-4433
Page 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 subject? MR. HINGORANEY: The subject is a 9th, 2011. MS. PHILLIPS: And what is the date? MR. HINGORANEY: That is March email? MR. HINGORANEY: MS. PHILLIPS: It is, yes. And what is the Did you find it, sir? MR. HINGORANEY: MS. PHILLIPS: Yes. And is this your
letter that I had attached to this email that I was sending on behalf of the four owners of the condos in the NINE condominium building -MS. PHILLIPS: MR. HINGORANEY: And --- to -- sorry --
to the owner and the manager of Mood Lounge that states that while we are pleased with your willingness to work with us on a solution with which we were pleased, we're concerned with the lack of progress. Because we'd been
Page 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 working with them for a period of almost two months, actually six weeks, and we wanted to express our desire to come to a solution, but let them know that the problem was in existence. MS. PHILLIPS: Now these email
addresses are mimiburru@yahoo.com and dawit@moodloungedc.com and -MR. HINGORANEY: MS. PHILLIPS: I had --
-- looks another of
the same one at the beginning. MR. HINGORANEY: Yes. Well, the I
second one -- the third one was incorrect.
added it just in case because I had it written down two different ways. MS. PHILLIPS: MR. HINGORANEY: I see. But the first one The
is I believe the one that went through. other one bounced. MS. PHILLIPS: Okay.
And attached
to it was the March 9th letter that your spouse was a signatory to and that Mr. Neal R. Gross & Co., Inc. 202-234-4433
Page 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 C? yes. MS. PHILLIPS: And that was the Danilovics and others? MR. HINGORANEY: That's correct,
first official written notice to the establishment. Is that fair? That's fair. Now can you turn to
MR. HINGORANEY: MS. PHILLIPS:
Without talking about the content, will
you tell me what this document is? MR. HINGORANEY: This is basically
a record of interaction that I kept between myself and our tenants and Mood Lounge. Documents a -- from the very first day that they were open, interaction that we had to come to an agreement about noise that was entering our condominium unit in an unreasonable way. management. We were very open with Mood
We worked very closely with them.
We were very reasonable with, you know, them just opening up and having to figure out their sound system and figure out how best to reduce Neal R. Gross & Co., Inc. 202-234-4433
Page 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 noise. So it looks -- it was dozens of
interactions over a period of about two to three months where we went back and forth asking them to turn the noise down, proffer any solutions that we felt were reasonable, and each time not making any progress and having to deal with the noise and complaints from our tenant. MR. WOODSON: object to this document. objection is several-fold. Mr. Alberti, I First of all, my One is this is
just what I thought was happening, and have said so repeatedly. We now have a witness who
is seeking to enter into evidence circumstances and moments as proof of the truth of them, which is his log of activity. That's his log. Not only that, but there are
even entries in the log which reveal Mood Lounge's effort -- assuming this is all true, Mood Lounge's effort to respond to these things. Now, first I object to this Neal R. Gross & Co., Inc. 202-234-4433
Page 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 right. MR. WOODSON: You know, Ms. witness entering this material as any evidence of anything which deals with the issues at hand. The Government's effort to create this
reasonableness umbrella has now stretched back to January 22nd. Now, I think it's -- I
believe that this is far beyond this zone of reasonableness that the Government is seeking to establish as why the complaint came to ABRA. It's far beyond that. That's one.
And the other is if there was anything that is not probative of the events taking place, it is a document created by this witness for this witness. I might have a
document like that myself which would show from February -- I could pull that out and say that my document says that none of things that happened in his document were true. INTERIM CHAIRMAN ALBERTI: All
Phillips describes hearsay as being permissive in administrative proceedings. And, yes,
Page 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that's true, except that hearsay which is not reliable, probative or substantial is not permitted into evidence. I say to you that
this material is not probative of anything. If we can get back to the circumstances that brought us before you today with these two investigative reports, I think we're there. INTERIM CHAIRMAN ALBERTI: Ms. Phillips? MS. PHILLIPS: This is exactly Okay.
what I said that I was going to set out to show, that there were reasonable efforts prior to the March 9th official written notice which complies with the voluntary agreement, Section 15, or 14, or whatever it is, one of the latter sections. And, it also demonstrates
after that time April issues, which is something else that we were allowed to discuss, because that was after the period of cure when there were still problems. And then
it ends on May 19th when Mr. Shakoor conducted the real time sound test. And so it shows the
Page 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 reasonableness. And one of the things about documents, which I have yet to get out, is that it shows what he would testify to. But
for me to draw this out of him, you know, to get the milieu I want to set would take hours. And so, there's a few more questions I'd like to ask him about it to show you that it does what I said it would do without requiring him to testify about every single event. INTERIM CHAIRMAN ALBERTI: you, Ms. Phillips. MR. WOODSON: Mr. Chairman, this If the Thank
is redundant in the extreme.
Government is seeking to establish reasonableness, the reasonableness of the conduct of the Complainants in this, then this is an establishment -- this is establish it here, establish it here, establish it here, establish it here. It's redundant. And if
this witness has anything really to add to the discussion about what is the subject of the Neal R. Gross & Co., Inc. 202-234-4433
Page 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 hearing today, I have yet to hear that. object to this testimony. document. INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson. Thank I
I object to this
The objection is overruled.
Continue, Ms. Phillips. MS. PHILLIPS: One of the
precatory questions that I wished to ask you was is this a contemporaneous-to-the-event document? Did you create it at certain
periods of time or did you prepare it for this hearing? MR. HINGORANEY: I prepared most
of it until about the first week in April several months ago just to keep track of what all the interactions were done. I had kept
notes and then I typed it up sometime in the spring, early summer. And then I updated it
this summer and fall with more interactions from late April and May. MS. PHILLIPS: at my request on May 19th? Neal R. Gross & Co., Inc. 202-234-4433 And did you end it
Page 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR. HINGORANEY: MS. PHILLIPS: my request Vs and Ws? MR. HINGORANEY: MS. PHILLIPS: Vs and Ws mean? MR. HINGORANEY: The V indicated a Yes, I did. And what did those Yes. And did you add at
verbal interaction with Mood Lounge management, and the W indicated a written interaction, text or email with Mood Lounge management. MS. PHILLIPS: And contained
within this document that I have labeled on behalf of the District as Exhibit C, does there contain dates and times and things where the establishment did make some progress and did do what you had discussed and the outcome was favorable on the establishment's part? MR. HINGORANEY: sorry, the question again? MS. PHILLIPS: Did the Can you -- I'm
establishment do some good things in this Neal R. Gross & Co., Inc. 202-234-4433
Page 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 yes. MS. PHILLIPS: And so from your document that you recorded? MR. HINGORANEY: MS. PHILLIPS: They did, yes. And did they do
some what you would call bad things, since I'm using good and bad, that you also recorded? MR. HINGORANEY: That's right,
estimation as a Complainant did you try to show the whole picture from your perspective? MR. HINGORANEY: MS. PHILLIPS: Absolutely. After the official
notice on March 9th and after the 30 days which the establishment in the voluntary agreement allows them to cure it, were there noise complaints of the level that we have discussed, the vibrating, can't-hear-over-theTV-type noise complaints documented in this Exhibit C? MR. HINGORANEY: MS. PHILLIPS: Yes, there were. And were they
communicated, all of them, or most of them, or Neal R. Gross & Co., Inc. 202-234-4433
Page 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 some of them communicated to the establishment? And if they were, is that
noted in this document? MR. HINGORANEY: Yes, most, if not
all of them, were communicated and they are noted in the document. MS. PHILLIPS: Okay. Did you
participate in the sound test on May 19th? MR. HINGORANEY: MS. PHILLIPS: Yes, I did.
Where were you when
the sound test was conducted? MR. HINGORANEY: bedroom of the condo unit. MS. PHILLIPS: Is the bedroom of I was in the
the condo unit, which is unit 3 -MR. HINGORANEY: MS. PHILLIPS: Three. Yes.
-- is that where
there is a meeting of the wall between your establishment and Mood? MR. HINGORANEY: That's correct,
it's a shared wall in that bedroom. MS. PHILLIPS: Okay. And were you
Page 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 subject -MR. WOODSON: Mr. Alberti. Mr. see. on the telephone? MR. HINGORANEY: MS. PHILLIPS: was at the other end? MR. HINGORANEY: were texting. MS. PHILLIPS: that on the telephone? MR. HINGORANEY: they're on the other end. MS. PHILLIPS: Okay. Okay. I It is, yes, but Texting? Isn't I'm sorry, we I was, yes. All right. And who
But who were you texting to? MR. HINGORANEY: I was texting to
-- I believe I was texting to Inspector Shakoor. MS. PHILLIPS: Okay. Did you get
responses that let you know that to your texts? MR. HINGORANEY: MS. PHILLIPS: Yes. What was the
Page 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Listen -MR. WOODSON: Am I --- my Alberti, excuse my -- I beg you for this interruption and objection. The witness is
now going to testify about text messages he got from a circumstance where he wasn't present. say? MS. PHILLIPS: I'm sorry, do you Is that what I understood him to
need for me to respond, or what do you need from me? INTERIM CHAIRMAN ALBERTI:
understanding is that they are text messages in a back and forth communication happening -he's talking about an event that was ongoing at the time. MR. WOODSON: Okay. But
INTERIM CHAIRMAN ALBERTI: it's in the moment. I mean, and he's
communicating with the investigator. a back and forth of text messages. Neal R. Gross & Co., Inc. 202-234-4433
There's
Page 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 condo. MS. PHILLIPS: MR. HINGORANEY: MS. PHILLIPS: In the NINE? Yes. All right. And did Thank you. MS. PHILLIPS: you were in the condo. MR. HINGORANEY: I was in the And I got out that objection. INTERIM CHAIRMAN ALBERTI: Okay. MR. WOODSON: All right. And
INTERIM CHAIRMAN ALBERTI: that's what he's testifying to. MR. WOODSON:
I withdraw the
you establish through those texts that there was a certain level of noise that was acceptable but audible within the condo while Investigator Shakoor was apparently in Mood testing things? MR. HINGORANEY: Yes, we went back
and forth over different sound levels and came to a sound level that I thought was audible Neal R. Gross & Co., Inc. 202-234-4433
Page 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 but not unreasonably loud, and I texted back and said this is an acceptable sound level. MS. PHILLIPS: All right. And did
you happen to recall how long that interaction took place? MR. HINGORANEY: took 15 to 20 minutes. MS. PHILLIPS: And an acceptable I would say it
level was reached for noise in the condo? MR. HINGORANEY: MS. PHILLIPS: complete silence? MR. HINGORANEY: You could still hear it. No, it was not. That's correct. And it wasn't
You could still feel
the thump of the bass a little bit, but it was something -- I mean, and we recognize we're -we have neighbors. We all have to get along.
But it was a level that I think people could deal with and could not be overly disturbed by. MS. PHILLIPS: From your personal
knowledge; and if you don't have any personal Neal R. Gross & Co., Inc. 202-234-4433
Page 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Woodson? MR. WOODSON: Yes, Mr. Alberti, we last? MR. HINGORANEY: It lasted -- we knowledge, did that fix last? MR. HINGORANEY: MS. PHILLIPS: It did not, no. How long did it
got complaints from our new tenants approximately three weeks later. And the two
weeks after that test, or the 10 days after that test the unit was vacant because our new tenants were coming in at the beginning of June. MS. PHILLIPS: I would like to
move for the admission of Exhibit A-1, Exhibit A-3, the first page because the second page has already been admitted. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: Yes.
And Exhibit C. Mr.
object to Exhibit C with particular attention to any date for entries beyond -- withdraw the Neal R. Gross & Co., Inc. 202-234-4433
Page 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Thank you. objection. We do not object. INTERIM CHAIRMAN ALBERTI: Okay.
We will accept that into evidence,
Ms. Phillips. MS. PHILLIPS: much, Mr. Chair. for this witness. INTERIM CHAIRMAN ALBERTI: Mr. Higoraney? MR. HINGORANEY: Hingoraney. You may Okay. Thank you very
That concludes my questions
INTERIM CHAIRMAN ALBERTI: -- wait, wait. I'm sorry. long day.
Are there any Board questions?
Well, actually, Mr. -- this is a I'm sorry. MR. WOODSON: I realize I've
descended to a potted plant here. INTERIM CHAIRMAN ALBERTI: Ms.
Gordon, do you have any questions for the witness? Excuse me. MR. WOODSON: Yes. You've noted
in your testimony that there have been -- that there were steps taken by Mood Lounge prior to Neal R. Gross & Co., Inc. 202-234-4433
Page 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 wait, wait. sometimes -INTERIM CHAIRMAN ALBERTI: Well, the test in May to come to a reasonable circumstance around music in the establishment? MR. HINGORANEY: MR. WOODSON: Yes.
Yes, that is true.
Did you have occasion to do that more than once? MR. HINGORANEY: MR. WOODSON: Mood Lounge responsive? MS. PHILLIPS: I'm going to object Yes.
And each time was
to the form of that question because I'm not sure -MR. WOODSON: Did Mood Lounge
respond to the complaint that you had? MR. HINGORANEY: Yes, it took
I think there's an objection here
and I'm not sure we really changed the question. MS. PHILLIPS: We didn't change
Page 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Phillips? MS. PHILLIPS: There has been the question. either. INTERIM CHAIRMAN ALBERTI: please finish your objection. Yes, Mr. I didn't finish my objection
I'm sorry.
Woodson, you really didn't change the question. You sort of added to it, so I think
there's an objection here. MS. PHILLIPS: Right. Ms.
testimony with regard to Exhibit C that there were times when there were complaints and Mood Lounge was not responsive. And there were
times when there were complaints and Mood Lounge was responsive. And there were times
when Mood Lounge was responsive that there was a cure but it didn't last. And so when Mr.
Woodson asks a general question like were they always responsive, I'm not sure given this document there can be a yes/no answer because there's clear evidence and testimony that
Page 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 sometimes they were not responsive to complaints. You see what I'm saying? INTERIM CHAIRMAN ALBERTI: understand what you're saying. MS. PHILLIPS: MR. WOODSON: question I asked. It's difficult. Yes, that's not the So -I
I asked the witness were
there occasions when Mood Lounge was responsive to the complaints issued? answer was yes. INTERIM CHAIRMAN ALBERTI: So that is the question? MR. HINGORANEY: do you mean -INTERIM CHAIRMAN ALBERTI: wait, wait, wait. Wait, By "responsive" Okay. His
So you believe that that
was the answer to his question, is that correct? MR. WOODSON: I'm sorry? The
INTERIM CHAIRMAN ALBERTI: question again -- okay. MR. WOODSON:
Why don't I start
Page 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 clarify. INTERIM CHAIRMAN ALBERTI: Phillips, you want to respond to that before -MS. PHILLIPS: No, I don't, Ms. you to -INTERIM CHAIRMAN ALBERTI: I allow that question. MR. HINGORANEY: I'd ask you to -- and again? INTERIM CHAIRMAN ALBERTI: question again? The
Repeat the question that you
just recited to me? MR. WOODSON: My question was were
there occasions when a complaint was issued and Mood Lounge was responsive? INTERIM CHAIRMAN ALBERTI: That is the question before you, Mr. Hingoraney -MR. HINGORANEY: Well, and I'd ask Okay.
because -- I don't because -INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433 Okay.
Page 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 That's the question. Mr. Hingoraney? I would just ask
MR. HINGORANEY:
for a clarification on what "response" means. Was it a -- did they call me back, or did they cure? A response to a complaint to me is you A response to somebody else
fix the problem.
could mean that you call me back or email me back or text me back. that would be helpful. MR. WOODSON: Well, actually in So if you can clarify,
the four corners of the voluntary agreement it could be all of the above. Simply responding
to you is in fact a responsiveness under the voluntary agreement. response. That's one kind of
Another type of response is we
contact you back and we take steps to resolve the underlying problem that you had. another kind. Were either or both of them -- did either or both of those circumstances take place? MR. HINGORANEY: On some occasions That's
Page 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 is? were noted? 22nd? MR. HINGORANEY: So your question I'm sorry. were noted, yes. MR. WOODSON: On some occasions
Shall we say for example on March
Can you repeat your question? MR. WOODSON:
Was the entry that
you've noted on March 22nd a responsiveness within either a simple return of a communication or steps being taken? MR. HINGORANEY: MR. WOODSON: February 15th? MR. HINGORANEY: MR. WOODSON: further questions. INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson. Questions from the Board? (No audible response.) INTERIM CHAIRMAN ALBERTI: questions from the Board. Neal R. Gross & Co., Inc. 202-234-4433 No Thank Yes. Yes. What about on
Okay.
I don't have any
Page 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Ms. Phillips, any redirect? MS. PHILLIPS: I just want to make
sure that all the exhibits that I asked to have admitted for this witness were admitted, over objection, if there was an objection. I'm speaking mainly of C. INTERIM CHAIRMAN ALBERTI: I
believe the objection was withdrawn, so, yes, they are. MS. PHILLIPS: Okay. Thank you. They
INTERIM CHAIRMAN ALBERTI: are admitted, yes. MS. PHILLIPS:
I needed to make
sure before the record was closed. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: Yes.
I have no further
questions on redirect of this witness. INTERIM CHAIRMAN ALBERTI: Okay.
Then, Mr. Hingoraney, you may step down. If there are no additional questions, there is no opportunity for recross. Neal R. Gross & Co., Inc. 202-234-4433
Page 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. That's fine. Ms. Phillips, your next witness? MS. PHILLIPS: I would to call on MR. WOODSON: Yes. Okay.
INTERIM CHAIRMAN ALBERTI: Well, you're looking at me like -MR. WOODSON:
No, I was actually
going to lodge an objection and ask to strike testimony, but the better of me caught my -INTERIM CHAIRMAN ALBERTI: Okay.
behalf of the District of Columbia Investigator Shakoor. INTERIM CHAIRMAN ALBERTI: Investigator, would you please approach the witness stand? Thank you. Raise your right hand, please.
Investigator, do you solemnly
affirm that the testimony you're about to give will be the truth, the whole truth and nothing but the truth? INVESTIGATOR SHAKOOR: I do. Thank
INTERIM CHAIRMAN ALBERTI: Please be seated. Neal R. Gross & Co., Inc. 202-234-4433
Page 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. PHILLIPS: Mr. Shakoor, will
you state your name and spell it for the record, please? INVESTIGATOR SHAKOOR: Investigator Jabriel Shakoor. E-L. Last name, S-H-A-K-O-O-R. MS. PHILLIPS: And you took care ABRA
It's J-A-B-R-I-
of my next question, so at a certain point in time were you contacted by someone within ABRA to conduct an investigation with regard to complaints from the condominium NINE and the Mood Lounge? INVESTIGATOR SHAKOOR: MS. PHILLIPS: I was.
And at what point
in time do you recall; and there's a book of exhibits if you need to refresh your recollection for dates, that you were contacted to conduct an investigation? INVESTIGATOR SHAKOOR: I believe
the date was Wednesday, April 13th, 2011. MS. PHILLIPS: an investigation? Neal R. Gross & Co., Inc. 202-234-4433 And did you conduct
Page 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 INVESTIGATOR SHAKOOR: MS. PHILLIPS: Yes, I did.
And at the end of
your investigation did you take your findings and reduce them to, in this case, two reports? INVESTIGATOR SHAKOOR: correct, yes. MS. PHILLIPS: And in the exhibit That's
manual do you see under tab A and under tab B the two reports with attached exhibits that you wrote? INVESTIGATOR SHAKOOR: MS. PHILLIPS: Yes, I do.
And I don't know
whether the copies in there have your signature, but would you normally have -- oh, yes. Would you look at the last page of your
investigative report and see if your signatures are there? INVESTIGATOR SHAKOOR: MS. PHILLIPS: Yes, it is.
And the date of
your signature on tab A, which would be the first report as I look at it, what date is that? Neal R. Gross & Co., Inc. 202-234-4433
Page 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: Did you conduct an was. MS. PHILLIPS: And it was reduced 2011. MS. PHILLIPS: Thank you. In the 2011. MS. PHILLIPS: And under tab B is INVESTIGATOR SHAKOOR: May 23rd,
there a signature that's yours and what is the date that you signed it? INVESTIGATOR SHAKOOR: June 14th,
process of your investigation did you -- was it for a noise complaint? INVESTIGATOR SHAKOOR: Yes, it
to a single noise complaint for this particular notice, is that fair? INVESTIGATOR SHAKOOR: That's
investigation with regard to the noise complaints? And if so, when did you start? INVESTIGATOR SHAKOOR: I began my
investigation on Thursday, April 14th, 2011. Neal R. Gross & Co., Inc. 202-234-4433
Page 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: And what did you do
in that part of your investigation? INVESTIGATOR SHAKOOR: contacting the Complainants. I began by
In this case it
was Rishi Hingoraney and George Danilovics. MS. PHILLIPS: And what did you
learn from discussing with the Complainants? INVESTIGATOR SHAKOOR: That they
were having disturbances coming from Mood Lounge into their residence. MS. PHILLIPS: And after you
talked to them did you -- what did you do further? INVESTIGATOR SHAKOOR: I set up a
time with them to visit their residence and verify their complaints. MS. PHILLIPS: Okay. And did you
look at whether or not this -- any noise complaint was a violation of a D.C. Code section as opposed to a voluntary agreement? INVESTIGATOR SHAKOOR: That's
I referenced the D.C. Office of Neal R. Gross & Co., Inc. 202-234-4433
Page 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: And from your Zoning and I was able to determine that the Complainants -- they live at 1316 Naylor Court, which is located in a Class C-2-A Commercial Zone. And according to D.C.
Official Code 25-725, it would not be a violation of the D.C. Code. MS. PHILLIPS: Right. And so at
some point in time did you learn that there was a voluntary agreement which governed this matter? INVESTIGATOR SHAKOOR: That's
perspective, reading it as an investigator, did that temper your investigation? INVESTIGATOR SHAKOOR: Under
Section 6 of the voluntary agreement, under the second sentence, I believe it says Applicant will also take all necessary steps to ensure that music, noise and vibrations are not disruptive to the adjacent residential property occupants' reasonable use of outdoor Neal R. Gross & Co., Inc. 202-234-4433
Page 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: And would you areas of this property. That was where we had
to determine that the noise heard inside the residents would be in violation. MS. PHILLIPS: Did you also notice
that there were additional sections of the voluntary agreement that dealt with notice and requirement for a time to cure before they contacted; i.e., the Complainants contacted ABRA? INVESTIGATOR SHAKOOR: That's
reference that in brief, please? INVESTIGATOR SHAKOOR: it was under Section 16. I believe
The establishment
has to be given the opportunity to cure such a violation within 30 days after the Applicant has -- after the Complainant has notified them of the violation. MS. PHILLIPS: And at the start of
your investigation when you first received the complaint on I believe you said April 13th, Neal R. Gross & Co., Inc. 202-234-4433
Page 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. that. MS. PHILLIPS: All right. As I but the record will correct me if I'm incorrect, did you determine that the establishment had complied with the notice requirements of the voluntary agreement? INVESTIGATOR SHAKOOR: That's
The Complainant did comply with
look at Section 11; it's called "Security," the paragraphs on page 4 at the top, did you ever investigate whether the Applicant -- and the Applicant in this case would be the establishment, is that correct? INVESTIGATOR SHAKOOR: MS. PHILLIPS: Yes.
Did you ever
determine whether or not the Applicant maintained a telephone number to take complaints as required on page 4, the second part of this Section 11, "Security?" INVESTIGATOR SHAKOOR: From my
understanding, the owners and management on staff, their cell phone numbers were readily Neal R. Gross & Co., Inc. 202-234-4433
Page 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: Okay. Was that correct. MS. PHILLIPS: All right. And so. MS. PHILLIPS: And I believe it is Is available and their email addresses also. MS. PHILLIPS: Okay. And so, did
you attach the voluntary agreement to Exhibit A, your first investigative report? INVESTIGATOR SHAKOOR: I believe
tab 3, Exhibit -- no, tab 4, Exhibit 4. that correct? INVESTIGATOR SHAKOOR: That's
it's attached in its entirety? INVESTIGATOR SHAKOOR: That's
voluntary agreement made with Mood Lounge? INVESTIGATOR SHAKOOR: It was made
with the previous establishment, Be Bar, Wami, LLC MS. PHILLIPS: Okay. And is it
your understanding as an investigator that the Neal R. Gross & Co., Inc. 202-234-4433
Page 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: All right. What correct. MS. PHILLIPS: Okay. So this voluntary agreement traveled with the establishment, not with the owner? INVESTIGATOR SHAKOOR: That's
voluntary agreement would be in effect for Mood Lounge? INVESTIGATOR SHAKOOR: That's
did you do after you determined that this noise violation did not comply with the four corners of D.C. Official Code Section 25-725? INVESTIGATOR SHAKOOR: We still
proceeded because it would be a violation of the voluntary agreement. I again verified
that the noise was audible inside the complainants' residence. On that night I
contacted the owner, Ms. Beyene and I explained to her that I was able to hear noise inside of the complainants' residence. reviewed the voluntary agreement and I Neal R. Gross & Co., Inc. 202-234-4433 We
Page 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: other condos? INVESTIGATOR SHAKOOR: On that Did you visit any about. MS. PHILLIPS: midnight, right? INVESTIGATOR SHAKOOR: MS. PHILLIPS: Correct. And you Okay. That's after 15th. MS. PHILLIPS: that's at what time? INVESTIGATOR SHAKOOR: 12:30 a.m., All right. And on -MS. PHILLIPS: 2, I believe. That's tab A, page notified her of the violation. MS. PHILLIPS: Now, when was that? That was
INVESTIGATOR SHAKOOR:
Is that correct? Sunday, May
All right.
visited Mr. Hingoraney's apartment? INVESTIGATOR SHAKOOR: That's
Page 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 was. night, no. MS. PHILLIPS: Okay. Was Mr.
Hingoraney present when you visited the establishment at that point? INVESTIGATOR SHAKOOR: Yes, he
He was the one that gave -- opened the He was there
door and gave me access to it. with me. MS. PHILLIPS:
Right.
And when
you say "audible," it was "audible," what do you mean by "audible?" sound? Was it loud? Was it a whisper Were you able to make a
determination based on your investigative experience as to the level? INVESTIGATOR SHAKOOR: I believe I
on that night -- it's been some time.
believe the bass was the biggest issue on that night. I don't believe we could hear voices
per se, but it was mostly the bass that we could clearly hear inside of the bedroom. MS. PHILLIPS: All right. And did
you make any determination as suggested in the Neal R. Gross & Co., Inc. 202-234-4433
Page 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 voluntary agreement about vibration? 2 it talks about vibrations. INVESTIGATOR SHAKOOR: more specific, please. MS. PHILLIPS: On page 2 of the Be a little On page
voluntary agreement, Section 6, I believe it was the sentence that you read. about music, noise and vibration. It talks So you said
there was noise and it was bass, so I assume that's music? INVESTIGATOR SHAKOOR: That would
be music, yes, and the bass is -- does provide some vibration. MS. PHILLIPS: Right. Could you
see visible signs that the walls were vibrating or pictures were vibrating or the light fixtures were vibrating? INVESTIGATOR SHAKOOR: believe on that night, no. MS. PHILLIPS: Well, what did you do next? INVESTIGATOR SHAKOOR: Like I Okay. All right. I don't
Page 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 said, we -- I proceeded to the establishment and I spoke with the owner, Ms. Beyene. notified her that I just met with the Complainant and I was able to verify that noise could be heard. I notified her of the I
voluntary agreement and what it says in there. And I notified her of the violation. MS. PHILLIPS: And what did she
tell you, which is included in your report? INVESTIGATOR SHAKOOR: She was
very concerned and she would do what was necessary to comply. MS. PHILLIPS: Right. Did she
talk about actual changes to the establishment that she made with regard to this? INVESTIGATOR SHAKOOR: I believe
she said that she had purchased a new sound limiter. And some soundproofing was
installed, I believe. MS. PHILLIPS: Right. I'm looking
at the last paragraph of your report before the exhibits are listed. Do you know whether
Page 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. that was installed at the time you were there at the establishment on May 15th? INVESTIGATOR SHAKOOR: That was
her statements, not anything I witnessed. MS. PHILLIPS: Okay. All right.
And I take it that you attached five exhibits. We've had testimony on several from the actual propounders of those exhibits. Exhibit 2, 2A.
just describe in brief what that is. INVESTIGATOR SHAKOOR: is a printout.
Exhibit 2
It's a map generated by the It just shows the
D.C. Office of Zoning.
footprint of the area where the buildings are located and which zone they're located in. MS. PHILLIPS: And was it this
device that you used when making your determination that this was not a violation of the D.C. Code 25-725? INVESTIGATOR SHAKOOR: That's
This is the location of the
residents which puts them in a C-2-A Zone. MS. PHILLIPS: Right. And did you
Page 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: And was the owner correct. MS. PHILLIPS: Exhibit 5 to Exhibit A is? INVESTIGATOR SHAKOOR: That's And is that what also conduct a regulatory inspection on that date, and Exhibit 5 was attached? INVESTIGATOR SHAKOOR: That's
present when you conducted this regulatory inspection? INVESTIGATOR SHAKOOR: MS. PHILLIPS: Yes.
Other than the
noise violation, which was a VA violation, were there any other violations? INVESTIGATOR SHAKOOR: MS. PHILLIPS: you'll turn to tab B. No. If
All right.
You said you rendered And is this
these matters into your report. the second report? INVESTIGATOR SHAKOOR: MS. PHILLIPS:
Yes.
And first of all,
Page 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 so. MS. PHILLIPS: All right. Let us did we talk about everything that you did as part of your investigation in brief from the first part of your investigation covered by the first investigative report? INVESTIGATOR SHAKOOR: I believe
now move to B, which was your second investigative report. At what time did you
begin this second investigation? INVESTIGATOR SHAKOOR: The second
investigation actually was spurred from the first one. On that night I advised the owner
because the sound was emanating to the residences it made it possible to adjust the sound level to such a point where that -- it would no longer be a disturbance to the residents. The owner agreed and we proceeded
to conduct a sound test or a sound adjustment. MS. PHILLIPS: And how did you
conduct that sound adjustment since you can't be in two places at once, I think? Neal R. Gross & Co., Inc. 202-234-4433
Page 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 INVESTIGATOR SHAKOOR: It was
coordinated with two of the residents, Mr. Hingoraney and another resident, Mr. Danilovics. I advised them to be inside their
residence and I would be inside of the establishment. We would maintain cell phone I would have the
contact and text message.
establishment play music at their normal level and they would indicate when it was audible, heard and have it lowered to such a level where they thought that it was comfortable. Additionally, we tried to find a level that was comfortable for the establishment that would allow them to operate their business without having it completely off pretty much. MS. PHILLIPS: Okay. And at that
point in time did you actually obtain that delicate balance? INVESTIGATOR SHAKOOR: MS. PHILLIPS: We did.
And did you notice
anything else as part of your investigation? Neal R. Gross & Co., Inc. 202-234-4433
Page 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MS. PHILLIPS: And was there some INVESTIGATOR SHAKOOR: MS. PHILLIPS: Such as?
Well, for example,
I'm looking at the last paragraph where you indicated that the sound levels that you had achieved would not be touched by any employee. INVESTIGATOR SHAKOOR: That's
mechanism on whatever it is you were looking at, the sound board or something, I would assume? INVESTIGATOR SHAKOOR: sound limiter. closet. There's a
It's located in a separate The
Only the owner has access to it.
DJs don't go in there and mess around with it or anything like that at all. On that
specific time we took a picture of it and I believe the sound levels are still at that level. MS. PHILLIPS: In the picture? Correct.
INVESTIGATOR SHAKOOR: MS. PHILLIPS:
From your
Page 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 investigation and discussions with the owner were you able to determine whether their sound system could be augmented in ways that would circumvent the sound board? INVESTIGATOR SHAKOOR: The way
modern technology works it's not a 100-percent system. The DJ laptops I've seen in some
other establishments, they can plug into the system that's there at the establishment and sometimes the laptop can actually push out more sound or volume than is -- than what they set it at. system. MS. PHILLIPS: All right. I want It's some kind of glitch in the
you to turn to Exhibit 2 for your second report, which is tab B, and labeled Exhibit 2 to your investigative report, which is labeled B. What is that? INVESTIGATOR SHAKOOR: MS. PHILLIPS: that many tabs. INVESTIGATOR SHAKOOR: Under all Exhibit 6?
Yes, I don't have
Page 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 my complaint forms? MS. PHILLIPS: 2 to your second report -INVESTIGATOR SHAKOOR: picture of the sound limiter? MS. PHILLIPS: Okay. Yes. Oh, the No, I think Exhibit
INVESTIGATOR SHAKOOR: MS. PHILLIPS: which may be tab 7. INVESTIGATOR SHAKOOR:
And then Exhibit 3,
Right,
that's a statement from the sound tech, the DJ. MS. PHILLIPS: And is that a DJ
that works every night, or do you know? INVESTIGATOR SHAKOOR: times he's there. MS. PHILLIPS: attached that because? INVESTIGATOR SHAKOOR: of the process. He was there. Okay. So he was It was part Okay. And you Majority
MS. PHILLIPS:
also along with the owner there when you Neal R. Gross & Co., Inc. 202-234-4433
Page 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 conducted the sound -- I'm calling it the sound test, for want of better words. INVESTIGATOR SHAKOOR: MS. PHILLIPS: Okay. Correct. Was there
anything else that you did with regard to this investigation? INVESTIGATOR SHAKOOR: much sums it up. That pretty
Everybody agreed at the
level that we had found that day it would work for both parties. And I checked back with
them and I hadn't heard any more complaints I think within a two-week time frame. MS. PHILLIPS: So in order to
complete your investigation report in a timely manner you allowed two weeks and at that two weeks there had been no complaints. fair? INVESTIGATOR SHAKOOR: MS. PHILLIPS: Correct. Is that
I have no more
questions and I would move for the admission of the two reports A and B, and the exhibits thereto which have not already been admitted. Neal R. Gross & Co., Inc. 202-234-4433
Page 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 lines, yes. Neal R. Gross & Co., Inc. 202-234-4433 Woodson? MR. WOODSON: investigator. Just one question, objections? MR. WOODSON: No objection. We'll INTERIM CHAIRMAN ALBERTI: Any
INTERIM CHAIRMAN ALBERTI: accept those into evidence. MS. PHILLIPS:
I have no further
questions from this witness. INTERIM CHAIRMAN ALBERTI: Mr.
Your testimony only made one
remark that drew my attention, and that is your response to the Government's question about affecting the change in the sound level once the sound limiter had been locked in place. You described it as in this age of
technology it's possible for DJs to plug in and make a change, or change the volumes in some kind of technological fashion. recall that testimony? INVESTIGATOR SHAKOOR: Along those Do you
Page 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Lounge? INVESTIGATOR SHAKOOR: MR. WOODSON: Okay. No. Have you seen MR. WOODSON: Yes. Do you have
any knowledge that that actually happened -INVESTIGATOR SHAKOOR: MR. WOODSON: No.
-- in the Mood
that happen in recent time? INVESTIGATOR SHAKOOR: establishments in my experience -MR. WOODSON: Yes. -- what DJs Other
do, they necessarily use records anymore. They have laptops. MR. WOODSON: Yes. So laptops
or other computer devices, other software. And they simply just plug into what's there at the establishment. Now, their volume set on Okay? And
their laptop may be different.
sometimes those volumes can supersede or push out more power than what is already set at the Neal R. Gross & Co., Inc. 202-234-4433
Page 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 as to time. change it. I guess. MR. WOODSON: I see. But to your establishment's system. MR. WOODSON: So your testimony is
that these devices in effect can change the amplification systems? INVESTIGATOR SHAKOOR: They can't
It's more of an overriding glitch,
knowledge none of those things took place at Mood? MS. PHILLIPS: I'm going to object
This is the second time he's
raised this question. MR. WOODSON: Well, yes, the
question really goes to the period in issue in his report. His report concludes with a
statement around May 31st. MS. PHILLIPS: wanted to clarify. MR. WOODSON: MS. PHILLIPS: open any doors. Neal R. Gross & Co., Inc. 202-234-4433 Yes. Didn't you want to Okay. That's all I
Page 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 complaints. Chairman. Investigator Shakoor, have you received any complaints subsequent to you completing this review on May 15th? INVESTIGATOR SHAKOOR: Numerous MR. WOODSON: So within that are
you aware within that time frame that there had been such an effect at Mood Lounge? INVESTIGATOR SHAKOOR: MR. WOODSON: No.
Nothing further. Any
INTERIM CHAIRMAN ALBERTI: questions from the Board? MEMBER JONES: Mr. Jones?
Thank you, Mr.
They've steadily come in almost
every week multiple times of the week. MEMBER JONES: Okay. Have you had
an opportunity to go back out to the establishment? INVESTIGATOR SHAKOOR: there almost every weekend. MEMBER JONES: Okay. The time I'm out
that you spent on May 15th, you arrived at a Neal R. Gross & Co., Inc. 202-234-4433
Page 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 thing -MEMBER JONES: I'm sorry. One thing harmonious level which was acceptable to at least the individuals that lived in the area that you had an opportunity to visit their -well, who were the exact individuals that you got concurrence from a resident standpoint that they were okay with that level? INVESTIGATOR SHAKOOR: Hingoraney and Mr. Danilovics. MEMBER JONES: Okay. And -One Mr.
INVESTIGATOR SHAKOOR: to point out:
Mr. Hingoraney, he shares a And Mr.
wall with the establishment. Danilovics, he lives above it. MEMBER JONES:
Right. Okay? So
it's two different actually listening points, and one of them is actually directly next to it with a shared and one of them is above it. MEMBER JONES: Understood.
Page 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 have. MEMBER JONES: You have? Okay. INVESTIGATOR SHAKOOR: those two points in account. above. So we took
One of them was
He heard very -- nothing at one point.
And Mr. Hingoraney, who shares a wall, heard some vibration, but was -- found it to be an acceptable level. MEMBER JONES: Understood. Okay.
And after the May 15th visit, the activity there, had you received or have you received complaints related to noise from either one of those two individuals that you named regarding noise? INVESTIGATOR SHAKOOR: Yes, I
In your efforts to work with the establishment to establish an agreeable sound level were you physically located -- if I understood you correctly, you were physically located in the establishment? INVESTIGATOR SHAKOOR: the test I went back and forth. Neal R. Gross & Co., Inc. 202-234-4433 Throughout
Page 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 believe so. correct. MEMBER JONES: Okay. Thank you. forth? INVESTIGATOR SHAKOOR: MEMBER JONES: Okay. Correct. So you did MEMBER JONES: You went back and
actually hear the impact of the establishment's noise or sound on the residential locations? INVESTIGATOR SHAKOOR: That's
Thank you, Mr. Chair. INTERIM CHAIRMAN ALBERTI: Investigator Shakoor, okay, just so I understand, on the 19th when you did the sound test, all right, did you visit Mr. Hingoraney's residence at the point where he said it was an acceptable amount of vibration from the bass? INVESTIGATOR SHAKOOR: Yes, I
I believe I went back and forth. INTERIM CHAIRMAN ALBERTI: Okay.
Do you remember what you experienced when you Neal R. Gross & Co., Inc. 202-234-4433
Page 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that night. INTERIM CHAIRMAN ALBERTI: So, do right. went on May 15th to Mr. -- because it was on May 15th that you visited Mr. Hingoraney's residence, is that correct? INVESTIGATOR SHAKOOR: initial -- of the vibration, yes. INTERIM CHAIRMAN ALBERTI: And you didn't visit any other All Oh, the
residence at that -INVESTIGATOR SHAKOOR: No, just
you remember what you -- can you relate to me the comparison of what you heard on the evening of May 15th and that sound level that was acceptable to Mr. Hingoraney on May 19th's -- comparison of those two? INVESTIGATOR SHAKOOR: On May 15th
you could definitely hear the bass thumping. Okay? It was clearly audible. It was not
thumping.
We had to strain to listen for it. We were
It was clearly audible thumping.
having a conversation inside of the residence Neal R. Gross & Co., Inc. 202-234-4433
Page 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 said? INVESTIGATOR SHAKOOR: Correct. What do talking now? INVESTIGATOR SHAKOOR: Correct. and you could hear it just above our conversation. INTERIM CHAIRMAN ALBERTI: your level of normal conversation? INVESTIGATOR SHAKOOR: Correct. To us Above
We also got onto the balcony and we talked about that. I explained to him that because We
it's outside it would not be a violation. were more focused on what's inside, what they're hearing. On the date of May 19th of the
sound level adjustment, it was at such a level where people could sleep, he said, and it wouldn't be a problem. biggest focus. INTERIM CHAIRMAN ALBERTI: He And that was my
Page 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Board. INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433 Thank you think? Do you think people could sleep
that evening? INVESTIGATOR SHAKOOR: subjected to them. Like I said -Well, It's more
I'm trying -- you're the person on the stand and I want to know what your experience was. INVESTIGATOR SHAKOOR: On the day
of May 19th I would say it was greatly decreased. INTERIM CHAIRMAN ALBERTI: From what you experienced on May 19th? INVESTIGATOR SHAKOOR: Absolutely. Okay. Okay.
INTERIM CHAIRMAN ALBERTI: I have no further questions.
Anyone else?
(No audible response.) INTERIM CHAIRMAN ALBERTI: Phillips, any redirect based on these questions that we've asked? MS. PHILLIPS: No, not from the Ms.
Page 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 correct. MR. WOODSON: Yes. In your ahead. MR. WOODSON: Based on the line of question. you will. INTERIM CHAIRMAN ALBERTI: on what we've just asked? MR. WOODSON: Yes. Go Based you. Mr. Woodson? MR. WOODSON: Yes, I have one
I'd like a follow-up question, if
questioning from Mr. Jones, in your additional visits you say you visited Mood Lounge several times since the test period. INVESTIGATOR SHAKOOR: That's
additional visits did you have occasion to review the sound system? INVESTIGATOR SHAKOOR: we did another sound test, so yes. Honestly, That one At
included the second floor at the time. this time, this one -- that was only one Neal R. Gross & Co., Inc. 202-234-4433
Page 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Phillips? MS. PHILLIPS: The Government down. INVESTIGATOR SHAKOOR: Thank you. Ms. questions. INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson. Investigator Shakoor, you may step Thank same person. MR. WOODSON: The same person? Yes. floor. So, yes, we did. MR. WOODSON: DJ there doing the -INVESTIGATOR SHAKOOR: Yes, the Yes, you did? Was a
INVESTIGATOR SHAKOOR: MR. WOODSON:
No further
rests and would request the briefest of breaks. INTERIM CHAIRMAN ALBERTI: Five minutes? Okay.
Is that okay with everyone? That's perfect.
MS. PHILLIPS:
Page 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 apologize. welcome. (Whereupon, at 5:15 p.m. off the record until 5:39 p.m.) INTERIM CHAIRMAN ALBERTI: I INTERIM CHAIRMAN ALBERTI: always extend longer, so -MS. PHILLIPS: it less than five, INTERIM CHAIRMAN ALBERTI: We are I will try to make They
off the record and we'll take a five-minute recess. MS. PHILLIPS: Thank you kindly. You're
As I said, they always extended. MS. PHILLIPS: Mr. Chair, I have a
preliminary matter, if I may. INTERIM CHAIRMAN ALBERTI: MS. PHILLIPS: Yes.
It has come to my
attention and it's my recollect that this -somebody was recording this matter. And it's
my understanding that that is not allowed, but I did not hear an admonition at the beginning Neal R. Gross & Co., Inc. 202-234-4433
Page 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of the session, so if the Board would make an admonition. I'm sure it's been cured by now
by my question. INTERIM CHAIRMAN ALBERTI: understanding. PARTICIPANT: Is somebody videotaping? MS. PHILLIPS: It has come to my Somebody's taping. I'm not
attention that somebody was recording this hearing. INTERIM CHAIRMAN ALBERTI: -- audio recorded? MS. PHILLIPS: In the audience And I would In the
other than the court reporter.
like an admonition from the bench that it's unacceptable and they need to erase it, which I'm sure they've already done. INTERIM CHAIRMAN ALBERTI: sure what we're -MS. PHILLIPS: In hearings -There's I'm not
some vagueness of what the Board's policy is Neal R. Gross & Co., Inc. 202-234-4433
Page 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 true. MS. PHILLIPS: MEMBER JONES: And so -Yes. It on audio taping. I know that -I do know that in
MS. PHILLIPS:
hearings where the press has come they've had to seek permission from the Board to record and the Board has given that request in limited amounts. MEMBER JONES: That's true. Yes,
INTERIM CHAIRMAN ALBERTI: that is true. MS. PHILLIPS:
You know, I mean,
I've had them where they've just had to stand outside. INTERIM CHAIRMAN ALBERTI: That's
would be our preference that it not occur, but I mean -MS. PHILLIPS: was not allowed. My recollection, it
It's certainly not allowed
in a court of law unless there's permission by Neal R. Gross & Co., Inc. 202-234-4433
Page 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Mr. Jones? MEMBER JONES: allowed, period. INTERIM CHAIRMAN ALBERTI: Mr. Absolutely not allowed. INTERIM CHAIRMAN ALBERTI: Okay. it? the judge or an application in writing, etcetera, etcetera. INTERIM CHAIRMAN ALBERTI: I'm
going to ask my Board Members how they feel about it. Mr. Brooks, how do you feel about We'll do this in an open hearing. I
don't want to waste time. MEMBER BROOKS: It should not be
Nophlin, the question is whether we should allow private individuals to record this hearing today. MEMBER NOPHLIN: Oh, not allowed. Okay.
So the decision of the Board that that should not happen. I would -- we will not allow
Page 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 erase that. was me. capacity. that. So to you continue today, we ask that
you not continue recording, and if you have any recording we ask that you would erase that. MR. RAYMOND: Mr. Chairman, that
I'm not attending in my private I'm an ANC commissioner who was
using that purely for my own informational purposes. Didn't intent to post it anywhere
knowing that the official record does come out I think in a couple of weeks, isn't that correct? INTERIM CHAIRMAN ALBERTI: That is
true, but it is available in two weeks, which I believe is a reasonable time. request that you do that. MR. RAYMOND: Okay. And I I can only
would ask that you adhere to our request -MR. RAYMOND: Sure. -- to
INTERIM CHAIRMAN ALBERTI: And I know that it was an
Page 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Raymond? Neal R. Gross & Co., Inc. 202-234-4433 innocent mistake, so we don't fault you for that, but we do ask that you don't continue and that you erase that. MS. PHILLIPS: Thank you very much. That concludes my
preliminary matter, Mr. Chair. INTERIM CHAIRMAN ALBERTI: preliminary matter? here? MS. PHILLIPS: That concludes my Which
Oh, this current one
preliminary matter for this session. INTERIM CHAIRMAN ALBERTI: Yes,
everything -- well, I will state, to be very perfectly clear, anything that occurred in this hearing after the opening statements -because we do allow recording of opening statements. That has been our policy.
Anything after the opening statements we ask that it not -- that it be erased. And your name, sir? MR. RAYMOND: I'm sorry.
Matt Raymond. Matt
Page 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 your -MR. WOODSON: If I may, Chairman Okay. MR. RAYMOND: ANC 2-F-04. Okay.
INTERIM CHAIRMAN ALBERTI: Thank you.
Thank you, Mr. Raymond. I appreciate that.
Commissioner Raymond. Thank you. Okay.
Let's continue.
Mr.
Woodson, if you would -MR. WOODSON: Yes. I think
Alberti, we're going -- prior to beginning our case in chief, I'd like to renew a motion -a request to dismiss the proceeding. actually, I don't need to renew it. to make it. INTERIM CHAIRMAN ALBERTI: MR. WOODSON: Pardon? And I'm going
I'm going to make a The show
request to dismiss the proceeding.
cause proceeding that we're here for today is in connection with a violation of the voluntary agreement. The four corners of this
Page 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
voluntary agreement go to the willingness of the parties; that is, the neighbors and the ANC, but the neighbors particularly and Mood Lounge to try to come to an amicable conclusion regarding the sound level. been -- testimony from the Government's witnesses itself reveals that there was that back and forth between the parties. The There's
testimony from the investigator established clearly that at the time that the investigator did his test that the sound levels were deemed to be satisfactory. And the investigator,
according to his testimony, showed that there had not been a change in that sound level through the period of time for his testimony. There's no testimony and record evidence about anything that happened beyond that period. One of the purposes served by the ABC's investigative staff in these kinds of circumstances is to provide a benchmark against which the applicants, the owners and the other parties, the ANC or other parties to
Page 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 voluntary agreements measure their conduct and measure their positions. There's only been
one and that sound test showed that and resulted, that sound test resulted in essentially a settlement between the parties. And I submit to you that engaging and imposing a show cause proceeding when there has been a practical settlement between the parties as a result of all of these activities really does not serve the resources of the Board well. In this circumstance what we had at the end of the day is an agreement between Mood Lounge and the Complainants as to acceptable levels of sound, and that had been preceded with a period of back and forth between the parties around what that actually is. It was the intercession of the
investigative staff that helped the parties bring clarity to the situation and the controversy, and they reached an agreement. I submit to the Board that a show Neal R. Gross & Co., Inc. 202-234-4433
Page 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chair. cause proceeding under these circumstances is unwarranted and I request that the Board dismiss the proceeding. INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson. Ms. Phillips? MS. PHILLIPS: Thank you, Mr. The Thank
Truly the District disagrees.
violation -- if you want to look technically at the voluntary agreement just from pure technicalities on the notice issue, which discussed in Section 15, the notice section, they gave a written notice on 3/9. They had
under the voluntary agreement until 4/9 or 4/10, whatever 30 days is; I still haven't counted it on the calendar, to cure. testimony is that they did not cure. The And
therefore, they have a violation of the voluntary agreement, which is chargeable under the voluntary agreement, as it is, and under the statute. And what happened on May 19th or Neal R. Gross & Co., Inc. 202-234-4433
Page 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 May 17th, or whatever day the test was, was an additional chance to cure, which in reality maybe we shouldn't have even continued or contained in the notice or even talked about, because the violation occurred on May -- no, the violation occurred on 30 days after the written notice when they had not cured. And the second point I would like to make is that the page 2 of the voluntary agreement says, "Should any noise, sound" -I've actually reversed that -- "Should any sound, noise or music be heard in any residential premises, Applicant will take immediate remedial action." So not only have
they not complied with curing within the notice requirements in the latter sections, they certainly haven't complied with Section 6 at any point. If you are going to look only at the test on May 9th, I think that does not -that only establishes that the residents and the establishment were willing to continue to Neal R. Gross & Co., Inc. 202-234-4433
Page 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 negotiate and continue to try and continue to reach acceptable level of noise within the voluntary agreement and the noise, but it does not at all extinguish the violation. The
violation occurred 30 days after March 9th and continued for two weeks after the test, after two weeks after the test on May 19th, according to the testimony that's in the record. And the Board elicited additional
testimony. INTERIM CHAIRMAN ALBERTI: you, Ms. Phillips. The Board's going to take a moment to consider this and seek legal advice on this issue. As Interim Chairperson of the Alcoholic Beverage Control Board for the District of Columbia and in accordance with Section 405 of the Open Meetings Amendment Act of 2010, I move that the ABC Board hold a closed meeting for the purpose of seeking legal advice from our counsel on Case No. 11Neal R. Gross & Co., Inc. 202-234-4433 Thank
Page 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 agree. Jones? MEMBER JONES: I agree. I Brooks? MEMBER BROOKS: I agree. Mr. CMP-00175 per Section 405(b)(4) of the Open Meetings Amendment Act of 2010 of 2010. Do I have a second? MEMBER NOPHLIN: Second. How say
INTERIM CHAIRMAN ALBERTI: you, Mr. Nophlin? MEMBER NOPHLIN: I agree.
Mr.
That's four in favor; none opposed. As it appears that the motion has
passed, I hereby give notice that the ABC Board will recess this proceeding to hold a closed meeting in the ABC Board conference room pursuant to the Open Meetings Amendment Act of 2010. We will be back shortly. Neal R. Gross & Co., Inc. 202-234-4433
Page 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (Whereupon, at 5:50 p.m. off the record until 5:52 p.m.) INTERIM CHAIRMAN ALBERTI: back on the record. motion. We are
We've considered this
It's my recommendation to the Board
that we deny the motion because there's an allegation based on an incident that occurred on May 15th. And that's really -- as Mr.
Woodson kept saying earlier on, that's really what's important here. And what happened on
May 19th is interesting and may be relevant to the relationship between the Licensee and the community, but it is not relevant to the allegation made that we are considering here today. And it is up to the Government to
either prove or -- well, to prove that allegation, and we're going to allow the Government the opportunity to make a case. with that, I recommend that we deny the motion. How say you, Mr. Nophlin? MEMBER NOPHLIN: I agree. So
Page 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. Woodson? MS. GORDON: We'd like to call our agree. Brooks? MEMBER BROOKS: I agree. And I INTERIM CHAIRMAN ALBERTI: Mr.
That's three in favor; none opposed. Thank you. Let's proceed. Mr.
first witness, Ms. Abeba Beyene. INTERIM CHAIRMAN ALBERTI: approach the witness stand, please. Please Ms.
Beyene, if you would raise your right hand. Do you solemnly affirm that the testimony you're about to provide will be the truth, the whole truth and nothing but the truth? MS. BEYENE: I do. Thank
INTERIM CHAIRMAN ALBERTI: Please be seated. Ms. Gordon, please proceed. MS. GORDON:
Can you please state
your full name and spell it for the record, please? Neal R. Gross & Co., Inc. 202-234-4433
Page 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Lounge. MS. GORDON: And how long have you affiliation? MS. BEYENE: I'm the owner of Mood MS. BEYENE: B-A, B-E-Y-E-N-E. MS. GORDON: MS. PHILLIPS: Okay. Great. Abeba Beyene, A-B-E-
Mr. Chair, if she
continues at that volume, I will not be able to hear her. INTERIM CHAIRMAN ALBERTI: Beyene, and neither will the Board. to hear you, so please speak up. MS. BEYENE: MS. GORDON: Yes. Okay. Are you Ms. We need
affiliated with Mood Lounge? MS. BEYENE: MS. GORDON: Yes. What is your
been the owner of Mood Lounge? MS. BEYENE: MS. GORDON: Since January 2011. Were you present at
Mood Lounge the morning of May 15th, 2011? Neal R. Gross & Co., Inc. 202-234-4433
Page 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the sound. MS. BEYENE: MS. GORDON: Yes. Okay. While present
on May 15th do you recall ABRA Investigator Shakoor coming to Mood? MS. BEYENE: MS. GORDON: Yes. When Mr. Shakoor
arrived did you grant him immediate access to Mood? MS. BEYENE: MS. GORDON: you to do anything? MS. BEYENE: He actually asked me Yes. Did Mr. Shakoor ask
to lower the -- he got a complaint from the neighbors about the sound and he asked me to lower the sound, which I did immediately. MS. GORDON: Okay. So you
immediately did what he asked you? MS. BEYENE: MS. GORDON: Yes. Which was to lower
Was there any follow up with ABRA
after this May 15th meeting with Investigator Shakoor? Neal R. Gross & Co., Inc. 202-234-4433
Page 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 first time. MS. BEYENE: Yes, Mr. Shakoor
asked me so we can meet I believe three or four days after to do a sound check, which we did. I believe it was on May 19. The meeting
was held by me, a sound engineer, Mr. Rishi, the owner of the condominium next door, and I believe another gentleman. name. I'm not sure his
And of course Mr. Shakoor, the ABRA
investigator. MS. GORDON: Okay. So do you
recall or do know, was the other gentleman a neighbor of yours? Do you know -- have any
idea where he resided? MS. BEYENE: I believe at that
time he was a tenant of Mr. Rishi's condominium. MS. GORDON: So was this the first
time doing a similar type of test with your neighbors, a sound test? MS. BEYENE: No, that wasn't the
We had done that before without
ABRA investigator being present between Neal R. Gross & Co., Inc. 202-234-4433
Page 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 response.) MS. GORDON: So I want you to just 2011? MS. BEYENE: (No audible myself, the sound engineer, Mr. Rishi. a sound test prior to that. MS. GORDON: Prior to May 19th, We did
describe what happened to me a little bit more on May 19th. happened? MS. BEYENE: The meeting was held Can you just describe what
by me, Mr. Shakoor, Mr. Rishi, the other gentleman; and I'm sorry, I don't remember his name, the sound engineer, Joseph Adams. we actually decide to do a sound test. And The
two gentlemen went back to their condominium. Mr. Shakoor and myself stayed in the lounge and they were going back and forth with a text message to be able to adjust the level of the sound which is suitable for them and as well as the establishment. set the level. Neal R. Gross & Co., Inc. 202-234-4433 And we agreed and we
Page 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. GORDON: suitable for "them." Okay. You said
Who's "them?" My neighbors. Neighbors? Okay. So
MS. BEYENE: MS. GORDON:
is it fair to say that you found a music level that was acceptable to the neighbors at this May 19th meeting? MS. BEYENE: Yes, through the text
message they were exchanging between Mr. Shakoor and Mr. Rishi, Mr. Shakoor told me the sound should stay this way. limiter was locked. closet. So the sound
It's always locked in the
So we took a picture of that Nobody has
adjustment and locked the closet. a key for that closet but me. MS. GORDON: Okay.
In front of
you there should still be a notebook with exhibits. MS. BEYENE: MS. GORDON: should be Exhibit B. labeled. Neal R. Gross & Co., Inc. 202-234-4433 Yes. Can you flip to -- it
No. 2 I think that was
Page 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the -MS. BEYENE: This basically MS. BEYENE: MS. GORDON: investigative report. what you see there? Yes. It's the second Can you describe to me Maybe it's tab -Are you -I'm looking for
MS. PHILLIPS: MS. GORDON:
describe exactly what I just testify. MS. GORDON: But is it a -- can Is it a
you explain what that picture is? picture of something? MS. BEYENE: MR. WOODSON: MS. BEYENE: I'm at Exhibit B. MS. PHILLIPS: to Exhibit B. No, ma'am. Okay.
I'm not at a picture.
It's attachment 2
If you keep turning, you'll Since it's my
find what she's asking you for. exhibit book. MS. BEYENE: MS. GORDON:
So Exhibit 2? Is it a photo?
Page 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 locked. MS. GORDON: MS. BEYENE: Okay. So -limiter. MS. GORDON: Okay. And does -MS. BEYENE: MS. GORDON: MS. BEYENE: MS. GORDON: familiar to you? MS. BEYENE: Yes, that's my sound Yes. Photograph? Yes. Okay. Is that photo
the picture as it appears right there, does it accurately reflect the volume that was set on May 19th? MS. BEYENE: MS. GORDON: Yes. Okay. And to the
best of your knowledge as you sit here today is that still the same way the volume is -MS. BEYENE: MS. GORDON: Yes. Okay. And you said
that -- where is the sound limiter kept? MS. BEYENE: In the closet. It's
It's always been
Page 157 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Phillips? MS. PHILLIPS: You're familiar Thank you. locked. MS. GORDON: Okay. So does any
other employee have access to the closet? MS. BEYENE: MS. GORDON: No. Okay. All right.
No further questions. INTERIM CHAIRMAN ALBERTI: Ms.
with the voluntary agreement, would that be fair? MS. BEYENE: MS. PHILLIPS: Yes. It indicates that
you need to get written notice and then 30 days to cure, is that correct? MS. BEYENE: MS. PHILLIPS: Yes. There's a copy of
it under Exhibit A, if you need to look at it. I think it's tab 4. Would you also agree with
me that it indicates that you have 30 days to cure? MR. WOODSON: Mr. Alberti, would
Page 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 objection. MS. PHILLIPS: Fine. The District one moment. Okay. I'm going to sustain the Phillips? MS. PHILLIPS: That is totally you mind? Cross-examination is supposed to
focus upon issues brought out on direct testimony. There's been no direct testimony
from this witness whatsoever about the voluntary agreement. INTERIM CHAIRMAN ALBERTI: Ms.
correct, but the District is requesting some latitude since the whole point of all of this discussion is compliance with the voluntary agreement, because this is a voluntary agreement case. The District would prefer to
have some testimony from the owner, but certainly could have undisputed testimony about the voluntary agreement in its own case, and will live with that if it's necessary. INTERIM CHAIRMAN ALBERTI: Just
Page 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chairman. You indicated that you're the owner of the establishment, correct? MS. BEYENE: MEMBER JONES: owner since January? MS. BEYENE: MEMBER JONES: Yes, sir. Did you build or Yes. You've been the Jones? MEMBER JONES: Thank you, Mr. you. Questions from the Board? Mr. has no questions of this witness. INTERIM CHAIRMAN ALBERTI: Thank
did you assume the club, the establishment? Was it already in the form of Mood as in today when you bought it or -MS. BEYENE: MEMBER JONES: MS. BEYENE: MEMBER JONES: MS. BEYENE: Pretty much. It was? Pretty much. Okay. Yes.
Page 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 15th. MS. BEYENE: Well, the 15 he -- well, no. sorry. MEMBER JONES: Were you party to
Were you aware of -- so, I'm
You did indicate during your testimony
that you met with Investigator Shakoor? MS. BEYENE: MEMBER JONES: Yes. And that you
allowed him into your establishment to conduct some activities? MS. BEYENE: MEMBER JONES: he conduct again? MS. BEYENE: He actually -- we met Yes. What activities did
-- are you talking about May 15 or the 19th? MEMBER JONES: Fifteenth. May
walked in and explain to me he receive a complaint because of the sound being loud from the neighbors. And he asked me to lower the
sound, which I did. MEMBER JONES: Why did you feel
compelled to lower the sound? Neal R. Gross & Co., Inc. 202-234-4433
Page 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. BEYENE: first time this happen. time investigator came. Oh, that's not the That was the first But before that,
between myself and the neighbors, we've done this before. We've been through that before. MEMBER JONES: Okay. Why were you
compelled to do anything with your business operations at the request of the neighbors? MS. BEYENE: have to do that. I always feel like I
I always feel like I have to
do what they want me to do. MEMBER JONES: So if a resident in
that area said I want you to restrict your operating hours, would you do it? MS. BEYENE: My operating hours,
no, but sometimes I put myself in their shoes. And one of the gentleman, Mr. Rishi, he share the wall with the lounge, so me and him we went back and forth several times. And every
time I receive, you know, a text message or email from him, i feel obligated to lower the sound. Neal R. Gross & Co., Inc. 202-234-4433
Page 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 able to -MEMBER JONES: the voluntary agreement? MS. BEYENE: MEMBER JONES: MS. BEYENE: MEMBER JONES: Absolutely. Okay. Yes. So in your So you're aware of agreement? MS. BEYENE: -- that I have to be MEMBER JONES: your operating hours? So why that versus
What's the difference?
Why do you feel compelled to reduce the sound as opposed to reducing your operating hours? MS. BEYENE: really don't know. MEMBER JONES: You're saying you I wish I know. I
have no idea why you're compelled to reduce sound and not anything else? MS. BEYENE: No, one, of course it
says on the voluntary agreement -MEMBER JONES: On the voluntary
voluntary agreement what are the requirements Neal R. Gross & Co., Inc. 202-234-4433
Page 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that again? MS. BEYENE: MEMBER JONES: Bass. Bass? bass. MEMBER JONES: You said -- say as stated in your voluntary agreement as it relates to sound -MS. BEYENE: MEMBER JONES: Sound. -- being heard in
residential residences in the neighborhood? MS. BEYENE: Basically my
understanding from voluntary agreement that I'm required to work -- you know, to lower the volume of the sound if it's disturbing the neighbors. MEMBER JONES: So your
understanding of the voluntary agreement is that you're to lower the sound of -MS. BEYENE: MEMBER JONES: Yes. -- your music, of
your amplified music or is it to -MS. BEYENE: Yes, sound and also
Page 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. BEYENE: MEMBER JONES: Yes. Okay. And does
that say that -- does your voluntary agreement say that specifically, or is that your interpretation of what it means? MS. BEYENE: My interpretation.
My understanding of the voluntary agreement. MEMBER JONES: Okay. Were you --
are you a signatory on the voluntary agreement, or did you assume the voluntary agreement as part of the license? Did you
actually sign the voluntary agreement? MS. BEYENE: MEMBER JONES: MS. BEYENE: MEMBER JONES: No. You didn't? No. So you assumed it
as part of your assuming the license? MS. BEYENE: MEMBER JONES: Yes, sir. Okay. Did you seek
clarification on what the words in the voluntary agreement were intended, or how they should be enforced, or how they could be Neal R. Gross & Co., Inc. 202-234-4433
Page 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 enforced from either your representative, from a lawyer, from the community at large, or from all those parties, or does this -- your interpretation is the only one that you've been going on? MS. BEYENE: interpretation. MEMBER JONES: Okay. So as far as I can say my
you're concerned, for you to meet the requirements as stated in the voluntary agreement, all you have to do is turn down the sound? MS. BEYENE: MEMBER JONES: else would you have to do? MS. BEYENE: to the sound, yes. I mean, when it comes No. No? Okay. So what
There's other things on
voluntary agreement I have to follow. MEMBER JONES: I'm sorry. I'm I
focused at this point -- I apologize. wasn't clear.
I'm speaking only about the
sound being heard in your neighbors' Neal R. Gross & Co., Inc. 202-234-4433
Page 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 only thing. MEMBER JONES: MS. BEYENE: Got you. No. understand. residences, right, as a result of your business operations. MS. BEYENE: Volume and --
lowering the volume is not the only thing I've done to eliminate the problem. MEMBER JONES: MS. BEYENE: MEMBER JONES: So -I've done several -Help me understand.
So, I misunderstood what you said earlier. MS. BEYENE: MEMBER JONES: Okay. So help me
What I thought you said earlier
was that in order for you to meet the requirements, as you understand them to be, as part of your voluntary agreement, all you were compelled to do was lower the volume. MS. BEYENE: MEMBER JONES: MS. BEYENE: No. Okay. Not -- that's not the
Page 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 things. MEMBER JONES: So what additional
are you compelled to do based on your understanding of your voluntary agreement? MS. BEYENE: I've done several
I can explain those things to you. MEMBER JONES: MS. BEYENE: I'm listening. Okay. From the
previous owner they used to use three bass, three amp, and I disconnected two of them. I'm only using one. The wall that we share
Mr. -- myself and Mr. Rishi, it has six install speakers, which the previous owner were using. Those are cut. They don't work. I've
They're disconnected to cut the volume. done, as the record shows, bought a sound
limiter so the sound will not go higher than what we set it. I've done that already.
There several steps that I took. MEMBER JONES: Okay. And then how
would you know whether or not you've achieved your goal? success? Like what is your measure of So you've done all these things with Neal R. Gross & Co., Inc. 202-234-4433
Page 168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 property? MS. BEYENE: MEMBER JONES: your understanding? Yes, sir. Okay. So that's property. MEMBER JONES: Inside their property? balcony? property? MS. BEYENE: MEMBER JONES: Yes. Inside their On the the purpose or the intent of accomplishing what? MS. PHILLIPS: not be heard. MEMBER JONES: MS. BEYENE: Not be heard where? The neighbors. So the volume will
Through the neighbors' property. MEMBER JONES: In the neighbors'
Outside their property?
What is your understanding of where
it shouldn't be heard? MS. BEYENE: Inside their
Is that your -- you've
made the changes with the intent of ensuring Neal R. Gross & Co., Inc. 202-234-4433
Page 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 okay. MS. BEYENE: MEMBER JONES: Yes, sir. So have you that the sound isn't heard inside the neighbors' property as you are compelled to do based on your understanding of your voluntary agreement? MS. BEYENE: MEMBER JONES: Yes, sir. Is that a fair --
received complaints regarding sound being heard inside your neighbors' residences? MS. BEYENE: Oh, I've received
complaints when the day -- when the days I'm not even open. I'm not even in the building.
I'm the only owner and the only person who has the lock of the building who knows the code of -- the security code. unless I'm present. Nobody can get in And I receive a
complaints when the days I was home. MEMBER JONES: So from your
standpoint the complaints that -- some the complaints you've received at the very least Neal R. Gross & Co., Inc. 202-234-4433
Page 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 are erroneous or not based on -MS. BEYENE: MEMBER JONES: MS. BEYENE: MEMBER JONES: It's not true. Not true? Absolutely. Okay. Are there
some complaints that you've received that you would interpret as being valid complaints? MS. BEYENE: Those I take care of. I did whatever I
I mean, I react right away. had to do.
Those are the things I just
mentioned to you, by cutting, you know, by disconnecting them, the amps. MEMBER JONES: MS. BEYENE: Yes. By, you know, having
the sound limiter install, by working with the neighbors, by bringing a sound engineer to do the test. It's not one time. I've done the
sound test four or five times. MEMBER JONES: I see. So of the
things that you did what did you do to verify and confirm that you had met your burden as per your understanding of your voluntary Neal R. Gross & Co., Inc. 202-234-4433
Page 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 before? MS. BEYENE: Yes, if you want -do -MS. BEYENE: done that before. MEMBER JONES: You've confirmed it -- even though I've helps. MEMBER JONES: So what did you agreement, which is to not have sound be heard in your neighbors' residences? Did you have
your sound engineer conduct a third-party test? MS. PHILLIPS: MEMBER JONES: With Mr. Shakoor. Okay. So your
verification was done in conjunction with ABRA's activities with Investigator Shakoor? MS. BEYENE: MEMBER JONES: Yes, sir. So you didn't know
whether or not you had met your burden until Investigator Shakoor got involved in the process? MS. BEYENE: That helps. That
Page 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 satisfied? MS. BEYENE: MEMBER JONES: Yes. Okay. What saying -MS. BEYENE: MEMBER JONES: Yes. -- we are done. confirm it? MS. BEYENE: The same way. MEMBER JONES: So how did you
Without Mr. Shakoor being present, the same way. MEMBER JONES: So do you have --
did you get confirmation from the neighbor in question saying -- either via email or verbal conversation -MS. BEYENE: Actually, yes, it's
Yes, I just read one of them. MEMBER JONES: -- text messages
transpired between the time that the neighbor was satisfied and you got confirmation of that and the time where you got another -- what you would consider to be a legitimate complaint Neal R. Gross & Co., Inc. 202-234-4433
Page 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 closet? MS. BEYENE: It's a closet where from the neighbor about the sound being too loud? Did you change your operations? Did
you change the sound level? the construct?
Did you change
What happened? Absolutely no change. Nothing? When it comes to the
MS. BEYENE: MEMBER JONES: MS. BEYENE:
sound, I have not made any change. MEMBER JONES: Okay. The closet
that you refer to where the sound limiter is? MS. BEYENE: MEMBER JONES: Yes, sir? What is that
the AC, the -- it has -- it's just a closet. It has the AC -- I don't know what you -- what do you call it? MEMBER JONES: Would it be fair to
characterize it as a utility closet? MS. BEYENE: MEMBER JONES: HVAC unit in there? Neal R. Gross & Co., Inc. 202-234-4433 Yes, exactly. Do you have your
Page 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 inside. MEMBER JONES: Okay. I'm sorry. box? MS. BEYENE: MEMBER JONES: Yes, sir. Okay. But not MS. BEYENE: MEMBER JONES: Exactly. So is there
anything else in there besides the HVAC unit? It there a fuse box in there? in there? MS. BEYENE: is a fuse box. MEMBER JONES: There is a fuse No mop. Yes, there Is there a mop
generally needed for day-to-day operations? MS. BEYENE: There is a light.
Actually there is light I have to turn in every time I go in there. MEMBER JONES: have to turn in? MS. BEYENE: Yes, the light switch There's a light you
In terms of the access to that closet -MS. BEYENE: Yes.
Page 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 only? MS. BEYENE: Some days Saturday. MEMBER JONES: Friday and Saturday yes. MEMBER JONES: days are you open? MS. BEYENE: Start Friday and Okay. And what MEMBER JONES: -- is not required
for the day-to-day operations of your establishment, or is it? MS. BEYENE: MEMBER JONES: MS. BEYENE: It does. It is? The light switch, The lights.
occasionally I open other nights. MEMBER JONES: MS. BEYENE: Friday and Saturday. MEMBER JONES: Okay. And so, from Okay. Yes, but mostly it's
the time that you assumed ownership until now you've been there every night that you've been open? Neal R. Gross & Co., Inc. 202-234-4433
Page 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. BEYENE: MEMBER JONES: missed a single night? MS. BEYENE: MEMBER JONES: Never. You never -- you Every single night. Okay. You've not
haven't gone on vacation or holidays? MS. BEYENE: MEMBER JONES: MS. BEYENE: Never. Okay. I've never been on
vacation for the past three years. MEMBER JONES: another form of employment? MS. BEYENE: MEMBER JONES: form of employment? MS. BEYENE: MEMBER JONES: sole source of income? MS. BEYENE: MEMBER JONES: Yes, sir. Okay. Thank you. No. So this is your I'm sorry? Do you have another Okay. Do you have
Thank you, Mr. Chairman. INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433 Other
Page 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 until 3:00. MEMBER BROOKS: MS. BEYENE: Until 3:00 a.m.? Saturdays? MS. BEYENE: Yes. Okay. And how questions. questions? Mr. Brooks? MEMBER BROOKS: Good evening. MS. BEYENE: Good evening. You say you're Yes, just a couple
MEMBER BROOKS:
open what, Fridays and Saturdays? MS. BEYENE: Yes, sir. Fridays and
MEMBER BROOKS:
MEMBER BROOKS: late are you open? MS. BEYENE:
Friday and Saturday
Yes, sir. Oh, okay. And the
MEMBER BROOKS:
complaints that you get, is there any special time on those two days, those two nights? MS. BEYENE: minute I open -MEMBER BROOKS: And you open -Most of the time the
Page 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 complaints? MS. BEYENE: Yes. Okay. And what hour. MEMBER BROOKS: MS. BEYENE: So what's that? MS. BEYENE: -- I receive emails. Okay. And you
MEMBER BROOKS: open at what time? MS. BEYENE:
Friday I do happy
It starts at 5:00. 5:00 p.m.?
MEMBER BROOKS: MS. BEYENE:
Yes. Okay.
MEMBER BROOKS: MS. BEYENE:
Saturday, 10:00 p.m. 10:00 p.m.? And
MEMBER BROOKS:
at 5:00 p.m. -- you're beginning to get complaints at 5:00 p.m.? MS. BEYENE: I have, yes. You have had
MEMBER BROOKS:
MEMBER BROOKS: are the complaints? noise?
Is it just too much
The bass is too much? MS. BEYENE: Mostly noise.
Page 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Nophlin? MEMBER NOPHLIN: You had discussed Chairman. INTERIM CHAIRMAN ALBERTI: Mr. DJ. MEMBER BROOKS: MS. BEYENE: It's a DJ? sound. MEMBER BROOKS: The sound? Okay. MEMBER BROOKS: MS. BEYENE: Noise? The
The voice.
And is this a DJ, or is this just stereo music that you piped in? MS. BEYENE: Most of the time it's
Yes. So at 5:00 p.m.
MEMBER BROOKS: you have a DJ? MS. BEYENE:
Yes, sir. Okay.
MEMBER BROOKS: All right.
Thank you, Mr.
the problem with -- first of all, how are you? You discussed the problems with your neighbors? They came and complained -Neal R. Gross & Co., Inc. 202-234-4433
Page 180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 what? MS. BEYENE: They suggest for me noise? MS. BEYENE: Yes, they did. And you said had MS. BEYENE: Yes. -- about the
MEMBER NOPHLIN:
MEMBER NOPHLIN:
an engineer to come by to validate what the problems were? MS. BEYENE: Yes, sir. Did he or she
MEMBER NOPHLIN:
suggest other changes other than turning the volume down? Is there anything else that
could be done other than just that? MS. BEYENE: The sound engineer,
no, but the neighbors, they have. MEMBER NOPHLIN: They have made
to do a soundproof the building. MEMBER NOPHLIN: didn't want to do that? MS. BEYENE: I can't afford it. What does that Oh, and you
MEMBER NOPHLIN:
Page 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 that I can. mean, by the way? MS. BEYENE: Pretty much a
soundproof from wall to wall so no sound would come out. MEMBER NOPHLIN: been going on? you purchased -MS. BEYENE: Yes, sir. -- the club. The How long has this Since
You said since January.
MEMBER NOPHLIN:
ANCs and as well as the neighbors have complained that you were -- they were having problems with the noise? MS. BEYENE: Yes, sir. And you don't see I mean, is
MEMBER NOPHLIN:
any other solution to the problem?
there other ways you could do this other than what you've done? MS. BEYENE: I've done everything
In the meantime they -- recently
we had another meeting take place in the establishment with the neighbors. They
suggest what I just mentioned, to soundproof Neal R. Gross & Co., Inc. 202-234-4433
Page 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 going to be? MS. BEYENE: From -- the the whole building. I brought a gentleman who
-- I didn't even know prior to that how much it cost and he gave me estimate to do a sound -- soundproof the whole building. It's almost
6,000 feet, 6,000 square feet building. That's the only other way I know of. said it would eliminate the problem. MEMBER NOPHLIN: your business? your business? MS. BEYENE: No. Mr. Rishi condo. Who's next to What he
Is there another club next to
He has a condo right next door. MEMBER NOPHLIN: MS. BEYENE: it's a building. now. MEMBER NOPHLIN: And what is that Next door?
And on the other side
It's under renovation right
contractor mention to me it's going to be some architect, some kind of architecture office, or something. Neal R. Gross & Co., Inc. 202-234-4433
Page 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 March? MS. BEYENE: Yes. Okay. Beyene. Mr. Chair. INTERIM CHAIRMAN ALBERTI: Hi, Ms. MEMBER NOPHLIN: Okay. Thank you,
You mentioned the installation of a
sound limiter. MS. BEYENE: Yes. When
INTERIM CHAIRMAN ALBERTI: was that installed? MS. BEYENE: date, but I don't. sometimes in March. INTERIM CHAIRMAN ALBERTI:
Wish I had the exact
It could be in March,
In
You said you took steps such as disconnecting two, I guess, basses. MS. BEYENE: Major -I guess
INTERIM CHAIRMAN ALBERTI: they would be subwoofers maybe? MS. BEYENE: Yes. Yes.
Yes. And
Page 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 sound board. sound board. MS. BEYENE: Sound system? The February? February. INTERIM CHAIRMAN ALBERTI: Okay. In other sound equipment? those steps? MS. BEYENE: The six speakers, When did you take
which was in the store against the wall, what me and Mr. Rishi share -INTERIM CHAIRMAN ALBERTI: MS. BEYENE: -- the first Yes.
complaint that I received from Mr. Rishi. INTERIM CHAIRMAN ALBERTI: would have been? MS. BEYENE: In -- sometimes in So it
Are you familiar with your
sound board? MS. BEYENE: The sound -The
I think we had a picture of it. MS. BEYENE: Yes. Yes.
Page 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 INTERIM CHAIRMAN ALBERTI: what I'm talking about? MS. BEYENE: Yes. Are you Is that
INTERIM CHAIRMAN ALBERTI: familiar with it? MS. BEYENE: Yes, sir.
Because
that's where the volume levels are set, is that correct? MS. BEYENE: Yes. Okay.
So are you familiar with what the sound level is set at currently? MS. BEYENE: Yes, the way Mr.
Shakoor set it up, Mr. Shakoor and -- well, he didn't actually did it, but the sound engineer where Mr. Shakoor was there. INTERIM CHAIRMAN ALBERTI: So
you're familiar with where it's set right now? MS. BEYENE: Yes. Yes. Okay.
INTERIM CHAIRMAN ALBERTI: You spoke about a previous sound check. Neal R. Gross & Co., Inc. 202-234-4433
Page 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 February. MS. BEYENE: Yes. Okay?
INTERIM CHAIRMAN ALBERTI: MS. BEYENE: Yes, sir.
INTERIM CHAIRMAN ALBERTI: was that done? MS. BEYENE:
When
One I believe in
The other one, if I'm not mistaken,
is March 20 or 22nd, around that time. INTERIM CHAIRMAN ALBERTI: so you had one done in February. have one done again in March? MS. BEYENE: complaints did not stop. INTERIM CHAIRMAN ALBERTI: Did you lower the volume levels between February and March? MS. BEYENE: Yes, every day I'm Okay. Because the Well,
Why did you
adjusting something, either disconnect the speaker -- and actually at the beginning the first -- the second floor was not ever opened. We only had one floor. INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433 Okay.
Page 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Okay. a month? MS. BEYENE: Maybe about April. April? the date. INTERIM CHAIRMAN ALBERTI: Give me So when did you open the second floor? MS. BEYENE: I'm not sure exactly
And did you have a sound check done
after you opened the second floor? MS. BEYENE: That's the sound
check we did with Mr. Shakoor on May. INTERIM CHAIRMAN ALBERTI: Okay.
But other than that you had no sound check done? MS. BEYENE: No. On May
15th when Mr. Shakoor came in and talked to you, all right -MS. BEYENE: Yes. -- you
said you lowered the volume, is that correct? MS. BEYENE: Yes.
Page 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 okay. INTERIM CHAIRMAN ALBERTI: adjust the sound board after that? MS. BEYENE: No, I didn't -- even Did you
at that time I didn't touch the sound board. What I did is the volume from the DJ booth, for the DJ to put the volume down. INTERIM CHAIRMAN ALBERTI: Oh,
So, well, maybe I'm being confused.
The volume from the DJ, is that what's locked now? MS. BEYENE: controller is locked. No, the main But just like Mr.
Shakoor earlier testified, some DJs, when they come in -INTERIM CHAIRMAN ALBERTI: So if
you wanted to turn up the volume, what would you do? MS. BEYENE: I'm sorry, sir? If you
wanted to turn up the volume, what would you do? Not a sound engineer. You. If you
wanted to turn up the volume, what would you Neal R. Gross & Co., Inc. 202-234-4433
Page 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 do? MS. BEYENE: I go to the DJ booth. Yes.
INTERIM CHAIRMAN ALBERTI: MS. BEYENE:
And I tell them -- if
they're using a computer, a laptop, I tell them that to lower the volume from the laptop. Because some DJs, they come with a laptop. So
that laptop, it's hard to control the volume. That's not a part of the sound system of the establishment. INTERIM CHAIRMAN ALBERTI: Mr. Shakoor -- I'm a little confused. When So when
Mr. Shakoor did this -- after Mr. Shakoor was there doing his sound check, all right -MS. BEYENE: Yes. --
there's a volume level on the sound board, or for the DJ stand, right? MS. BEYENE: When it comes to -Is
there a volume level by the -- this volume level that you -- knob that you spoke of, Neal R. Gross & Co., Inc. 202-234-4433
Page 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 closet. INTERIM CHAIRMAN ALBERTI: mean what was it set at? No, I where is that? MS. BEYENE: is in a closet. INTERIM CHAIRMAN ALBERTI: main controller? main volume level? MS. BEYENE: Yes. Okay. The The main controller
And that's where there's a
INTERIM CHAIRMAN ALBERTI: MS. BEYENE: Yes.
INTERIM CHAIRMAN ALBERTI: that set during the sound check that -MS. BEYENE: Yes.
So was
INTERIM CHAIRMAN ALBERTI: Shakoor was involved in? MS. BEYENE: Yes.
-- Mr.
Okay.
And do you remember where that was when Mr. Shakoor came that evening? MS. BEYENE: Was always been in a
Do you remember the
Page 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 understand. MS. BEYENE: -- when Mr. Rishi -Do you level it was set at? MS. BEYENE: Oh, the level? Yes.
INTERIM CHAIRMAN ALBERTI: MS. BEYENE:
The level is the way
we adjusted prior to that -INTERIM CHAIRMAN ALBERTI: I
know the level that it was set at before the sound check was done with Mr. Shakoor? MS. BEYENE: It was the level the
way we set it that -- me, myself, Mr. Rishi and the sound engineer prior to that. INTERIM CHAIRMAN ALBERTI: Okay.
And was that level higher or lower than it was after Mr. Shakoor's -- immediately after Mr. Shakoor's visit? MS. BEYENE: we lower it more. INTERIM CHAIRMAN ALBERTI: lowered it more? Neal R. Gross & Co., Inc. 202-234-4433 You If I'm -- I believe
Page 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 has a key. INTERIM CHAIRMAN ALBERTI: MS. BEYENE: Okay. from April. MS. BEYENE: Yes. During
the -- from the 1st of April to the time that Mr. Shakoor showed up on May 15th had you ever touched that volume level? MS. BEYENE: Twice when we did a
sound check with the neighbors. INTERIM CHAIRMAN ALBERTI: Ah, no,
You didn't mention any sound
checks after April. MS. BEYENE: Oh, no. No. So you
INTERIM CHAIRMAN ALBERTI: never touched it? MS. BEYENE: No.
I'm the one who
I never touched it. So
you're saying -- so, if I'm understanding you right, the only difference is -MS. BEYENE: Yes. -- the
Page 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 only thing that could affect the sound differences -MS. BEYENE: Yes. -- from
INTERIM CHAIRMAN ALBERTI: the time you did those sound checks -MS. BEYENE: Yes.
-- all
right -- because you're telling me you -- did you change anything on the sound board after you did those sound checks with the -- the February sound check with the neighbors? you adjust anything on the sound board? MS. BEYENE: We adjusted twice. With Did
INTERIM CHAIRMAN ALBERTI: the neighbors? MS. BEYENE:
With the neighbors. During
INTERIM CHAIRMAN ALBERTI: a sound check? MS. BEYENE: Yes.
Then
after that did you adjust anything on the sound board before Mr. Shakoor's visit? Neal R. Gross & Co., Inc. 202-234-4433
Page 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 right. MS. BEYENE: No. No. And you
didn't adjust the sound level, is that -- or did you adjust the sound level? MS. BEYENE: No. No?
INTERIM CHAIRMAN ALBERTI: MS. BEYENE: No.
All
So you're telling me that the only
thing that could happen is that it's the volume controlled by the DJ's computer? MS. BEYENE: Yes. Because
INTERIM CHAIRMAN ALBERTI: that's how that works.
There's a little
volume controller on the computer and it's the input and you raise the volume level of the input -MS. BEYENE: That's the only way. -- and
it raises the volume that comes out of the system. MS. BEYENE: Yes.
Page 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 wait, wait. is. than what? MS. BEYENE: Higher than what it understand. MS. BEYENE: That's the first INTERIM CHAIRMAN ALBERTI: And
that -- you're saying -- telling me that's where the issue is? MS. BEYENE: Yes. Okay.
Do you to anything to test that volume when the DJ comes in to plug in? MS. BEYENE: every DJ who walks in. INTERIM CHAIRMAN ALBERTI: I That's the issue with
thing I do is explain the issue with the neighbors. The sound system, the sound volume Every single DJ. Higher
cannot go higher.
So they make -- I make sure -INTERIM CHAIRMAN ALBERTI: Well,
It's being -- how do you measure I mean, if it's
the level of the sound?
Page 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 right. dependent on the DJ's computer, you're telling me you haven't touched anything on that sound board. You haven't changed the sound level of
your system, all right? MS. BEYENE: Yes. So I
have to conclude -- based on your testimony -MS. BEYENE: Yes, sir. -- I
have to conclude that the only way to affect the volume in the club is from the DJ's computer. Are you with me? MS. BEYENE: Yes, sir. All How do
INTERIM CHAIRMAN ALBERTI: So a DJ comes in and plugs in.
you measure the sound that's emanating from your system? MS. BEYENE: have limited. Because we already
We already have limited, so
they have to stay with that. INTERIM CHAIRMAN ALBERTI: How's
-- it's not limited because the DJ can turn up Neal R. Gross & Co., Inc. 202-234-4433
Page 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 his volume max, or he can put it on half volume. MS. BEYENE: their laptop. sound system. INTERIM CHAIRMAN ALBERTI: I know With his -- with
They can't do anything with the
that's not changing, but we've just confirmed that the sound coming out of your system can be affected by the computer that's plugged into it. MS. BEYENE: It happened. Yes.
INTERIM CHAIRMAN ALBERTI: MS. BEYENE: I'm sure.
So I'm Once
asking you how do you measure the sound?
a new -- a different -- each time a computer is plugged in, how do you measure the sound? MS. BEYENE: the sound engineer -INTERIM CHAIRMAN ALBERTI: do you measure the sound -MS. BEYENE: The sound -No, how One of the -- one,
Page 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 engineer. he's there. time. INTERIM CHAIRMAN ALBERTI: there every day? MS. BEYENE: Yes. Every He's INTERIM CHAIRMAN ALBERTI: --
because the sound engineer's not there every time. MS. BEYENE: No, he is. How do
INTERIM CHAIRMAN ALBERTI: you measure -MS. BEYENE:
He's there every
INTERIM CHAIRMAN ALBERTI: time you open up? MS. BEYENE: He's -INTERIM CHAIRMAN ALBERTI: a sound engineer?
Every time I open,
There's
And how does he measure? He's a sound
MS. BEYENE: He also a DJ.
INTERIM CHAIRMAN ALBERTI: does he measure the sound? MS. BEYENE:
How
I'm not sure how he
Page 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 degree? MS. BEYENE: MEMBER JONES: certifications? Neal R. Gross & Co., Inc. 202-234-4433 I'm not sure -Does he have any Chairman. engineer? MS. BEYENE: He's someone who is measures the sound, but he knows exactly how the sound system is set. all times. INTERIM CHAIRMAN ALBERTI: I have no further questions. Mr. Jones? MEMBER JONES: Thank you, Mr. Okay. It has to stay there
How are you defining a sound
familiar to the sound system since from the previous owner. MEMBER JONES: as an engineer? MS. BEYENE: He knows the sound What qualifies him
better than I do and he works for a radio station, 93.9, as a sound engineer. MEMBER JONES: Does he have a
Page 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. BEYENE: degree he has. MEMBER JONES: certifications? MS. BEYENE: What I know is he Does he have any -- what kind of
works for a radio station as a sound engineer. MEMBER JONES: Okay. I guess I'm
having some trouble, because when you originally said "sound engineer," I gave it a little bit more credence than I think I'm giving it now in terms of what my understanding of a sound engineer is and what your understanding of a sound engineer is. And so, did your sound engineer conduct a sound analysis? study? Did he conduct a
And if so, did he provide you with the
output of said study? MS. BEYENE: MEMBER JONES: A study in what? A study indicating
what the impact of your source, your sound source is on the environment surrounding your establishment. Neal R. Gross & Co., Inc. 202-234-4433
Page 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Okay. Neal R. Gross & Co., Inc. 202-234-4433 here? MS. BEYENE: MEMBER JONES: Yes. Yes, I do. What did the you a study? MS. BEYENE: MEMBER JONES: MS. BEYENE: MEMBER JONES: Yes. He has? Yes, I have -You have the study MS. BEYENE: Yes, those are the
sound test we've done with him. MEMBER JONES: So he's provided
Okay.
study -- since it hasn't been submitted in any way, we haven't had a chance to review it, so I'm asking you tell me what the sound study said. MS. BEYENE: -- one of the -MEMBER JONES: front of you? MS. BEYENE: MEMBER JONES: No. Oh, you don't? Do you have it in Pretty much what he
Page 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. BEYENE: I can look for it.
One of them, when we did the sound test with the neighbors he adjusted the bass in the sound the way it works for both party, for the establishment and for the neighbors. MEMBER JONES: So how did he
measure it for the neighbors? MS. BEYENE: The same thing Mr.
Shakoor did, by going back and forth with text message with the owners of the condominium next door. MEMBER JONES: actually take measurements? readings? So he didn't He didn't take
He didn't have a decibel meter
where he actually measured what the produced sound was inside of the residents' establishment or place of domicile? MS. BEYENE: MEMBER JONES: I think -It was more of a
relative, kind of a touchy-feel as opposed to a raw study? because do you have a -MS. BEYENE: Actually --
Page 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. you. you. MEMBER JONES: Are you saying you
have a report that says this is what the decibel levels were heard when it was set at this level in the establishment at this volume, that these are the decibels that were heard inside of the residents' establishment? MS. BEYENE: MEMBER JONES: No. Okay. Thank you.
Thank you, Mr. Chairman. INTERIM CHAIRMAN ALBERTI: Thank
Mr. Woodson, any redirect based on the
Board's questions? MR. WOODSON: testimony stand. INTERIM CHAIRMAN ALBERTI: Ms. Phillips, any recross? MS. PHILLIPS: concur with Mr. Woodson. of the District. INTERIM CHAIRMAN ALBERTI: Well, Ms. Beyene -MS. BEYENE: Yes? Thank On this point, I No recross on behalf Thank I will let the
Page 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Chair. sorry. you. Okay. INTERIM CHAIRMAN ALBERTI: may step down. MS. BEYENE: Thank you. Thank -- you
I think we're -- Mr. Woodson, any
further witnesses? MS. GORDON: No, sir. I'm
INTERIM CHAIRMAN ALBERTI: Ms. Gordon, I'm sorry. Okay. closing arguments.
I apologize.
So I think we'll move to Ms. Phillips? Thank you, Mr.
MS. PHILLIPS:
I'll try to be brief. The evidence is -- the testimony
and document evidence is replete with discussions of complaints both prior to the first written notice and after the first written notice, after the notice -- after the time to cure and that there were continued noise violations that were also reported back after the time to cure. The only -- we have testimony from Neal R. Gross & Co., Inc. 202-234-4433
Page 205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 two witnesses that they were only going to complain about noise that was what I would call unreasonable, and to describe it as they did, noise that exceeded a conversational level, which I think all three testified to, including Mr. Shakoor, noise from the establishment that exceeded a television set set at an acceptable level. So the violation technically occurred 30 days after the notice and there is both testimony and documentary evidence that there were still problems after the 30 days to cure ran. That is a violation of the
voluntary agreement without any intervention from ABRA. Then there was an additional visit
by ABRA where the investigator testified that he documented noise in the condominiums and asked them to turn it down. And then there
was an additional test where he documented levels and then set them. The violation There's
occurred when they did not cure. ample evidence to that effect.
Page 206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 But if we were looking strictly at the voluntary agreement, whether anyone likes it or not, it says, "Should any sound, noise or music be heard in any residential premises, Applicant will take immediate remedial action." The Complainant's did not ask to have all noise -- because that's what "any noise" means to me. There may be a different
interpretation, and you can interpret it however you choose, because you're the finder of fact. described. They asked for the reasonable levels There was a definite violation
that occurred 30 days after March 9th, and they have violated the voluntary agreement in other ways. And therefore, the District moves that you find in favor of the District and uphold the charge and consider a five of $500, which is the statutory requirement maximum for the first violation. Therefore, I can ask for
no greater fine, according to the statute. Neal R. Gross & Co., Inc. 202-234-4433
Page 207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 And consider closing them, having a suspension and a served suspension for two days on a Friday or Saturday, if not more days, but that's the discretion of the Board. INTERIM CHAIRMAN ALBERTI: you, Ms. Phillips. Mr. Woodson? MR. WOODSON: Yes. The Thank
Government's case is hinged on language in Section 6 and Section 11 of the voluntary agreement, a fact which the Government just invited my attention to the details of the language. And the details of the language
around Section 6 is "any audible sound" for which the Complainants can issue a request to the ABC Board for the issuance of a notice of violation. I'm also invited -- invite the Board's attention to Section 16, which speaks of notice and enforcement. And it says --
after the parenthetical about halfway down, which begins "30 such days," it says "a Neal R. Gross & Co., Inc. 202-234-4433
Page 208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 material violation of this agreement which has not bee cured." Not any violation, but a
material violation. There's a reason for a distinction in language like that, because any statement in a legal document with a command that has no option and for which there is no leeway suffers from the problem of impossibility. It's not possible in any set of circumstances to be -- to say there will be none at any time under any circumstances. what the prescription is. It doesn't matter That's why legal
documents contain language around materiality when there's a claim of violation. Every
violation is not material and it is material violations which rise to the level of sanction from the Board. Now, I would -- that's one. I
would also submit to the Board that the sum of the testimony reveals clearly that the parties complained, the establishment responds. That
was the sole purpose of the testimony from the Neal R. Gross & Co., Inc. 202-234-4433
Page 209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 owner of Mood Lounge, was to show the Board through her direct testimony and in responses to your questions that she took action from the beginning to try to bring resolution to this. So the other material -- the other significant aspect of the voluntary agreement has in fact been addressed, and that is the willingness of Mood Lounge, the owner of the establishment, to take steps to resolve the circumstances, to resolve the complaints. That has been done. That has been done.
The question to be asked today is whether any violation, whether any departure from the prescription of Section 6 is sufficient to be a material breach. We submit
that it is not, that the -- again, that the testimony has revealed that there has been and continues to be a genuine substantial effort on the part of Mood Lounge to satisfy the unreadinesses of the Complainants. May I also add that it's an Neal R. Gross & Co., Inc. 202-234-4433
Page 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 inherent circumstance in our fair city that these types of irritations between residents and establishments take place throughout the District, and they take place because of the compact nature of our living environment. observe that this circumstance with Mood Lounge and its predecessor, which was a CT license in operation before, took place and operated in an adjacent property to the condominium owners. There's not going to be I
a circumstance -- I submit to you there will never be a circumstance where all will be completely satisfied as long as both businesses survive. If the businesses continue, there will be irritations between them. The
objective of the -- the true objective of language like this is to encourage the parties to reach accommodation with one another, and that happens when one party registers an unreadiness, the other party responds. has happened. Neal R. Gross & Co., Inc. 202-234-4433 That
Page 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. indeed. MR. WOODSON: Yes, we will. Thank And we submit that there has been compliance with the terms of the voluntary agreement, that the issues before us today do not rise to the level of a material breach and we request that the Board dismiss the proceeding. INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson. If there are no objections, I will close the record at this time. MS. PHILLIPS: the District. MR. WOODSON: No objection. Okay. No objection from Thank
Are the parties going to waive findings of fact and conclusions of law? MS. PHILLIPS: The District will
I think everything except actually
closing this hearing -- I think we've Neal R. Gross & Co., Inc. 202-234-4433
Page 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 you. INTERIM CHAIRMAN ALBERTI: As concluded, if there's no other matters to be dealt with. MR. WOODSON: question, Mr. Alberti? INTERIM CHAIRMAN ALBERTI: MR. WOODSON: Sure. May I ask one
Is it the intent of
the Board to issue its decision tonight, or does the Board wish to deliberate and notify the parties at a future time? INTERIM CHAIRMAN ALBERTI: be notifying you at a future time. MR. WOODSON: Thank you. And in We will
my closing statement I will give you a time frame. MR. WOODSON: That's fine. Thank
Interim Chairperson of the Alcoholic Beverage Control Board for the District of Columbia and in accordance with Section 405 of the Open Meetings Amendment Act of 2010, I move that Neal R. Gross & Co., Inc. 202-234-4433
Page 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 agree. Jones? MEMBER JONES: I agree. And I Brooks? MEMBER BROOKS: I agree. Mr. the ABC Board hold a closed meeting for the purpose of deliberating upon Case No. 11-CMP00175 for the reasons cited in Section 405(b)(13) of the Open Meetings Amendment Act of 2010. Do I have a second? MEMBER NOPHLIN: Second. Thank
INTERIM CHAIRMAN ALBERTI: you, Mr. Nophlin.
How say you, Mr. Nophlin? I agree. Mr.
MEMBER NOPHLIN:
That's four in favor; none opposed. As it appears that the motion has
passed, I hereby give notice that the ABC Board will hold a closed meeting in the ABC Board room today pursuant to the Open Meetings Neal R. Gross & Co., Inc. 202-234-4433
Page 214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Neal R. Gross & Co., Inc. 202-234-4433 you. Alberti. INTERIM CHAIRMAN ALBERTI: I thank everyone for coming. MR. WOODSON: Thank you. Thank Amendment Act of 2010 and issue an order within 90 days. MR. WOODSON: Thank you, Mr.
(Whereupon, the hearing was concluded at 6:43 p.m.)
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112:17,19 113:9 146:17 212:19 113:12 129:18 Beyene 2:8 4:10,10 130:18 163:18,21 4:13,13,15,16,17 163:22 167:8 4:19,20 110:19 178:21 202:3 114:2 149:9,12,16 basses 183:17 150:1,1,8,10,13 bear 12:17 150:16,20 151:1,5 bedroom 87:13,14 151:9,12,18 152:1 87:21 112:20 152:14,20 153:5 bee 208:2 153:11 154:3,8,19 beg 89:1 155:1,8,13,15,21 began 104:21 105:3 156:1,3,6,12,16 beginning 18:4,12 156:19,22 157:4 40:1 48:7 60:16 157:12,16 159:10 78:11 92:10 159:13,18,20,22 135:22 141:12 160:5,9,12,16 178:13 186:19 161:1,9,15 162:5 209:4 162:10,14,18,20 begins 207:22 163:3,6,14,17,21 behalf 38:11 48:4,6 164:1,6,13,15,18 53:15 77:14 85:14 165:6,13,16 166:3 101:11 203:18 166:7,10,17,19,22 believe 19:8 23:5 167:4,7 168:6,10 23:22 38:10 42:12 168:15,19 169:5,8 46:1 47:14 49:6 169:12 170:2,4,8 51:9 56:6 57:4 170:14 171:9,14 62:4 69:16 71:3 171:18,22 172:3 71:20 73:13 75:16 172:10,14,17 78:18 81:6 88:14 173:5,7,11,14,20 96:16 100:8 174:1,6,10,13,18 102:19 106:18 174:22 175:4,6,10 107:14,22 109:5,7 175:14,17 176:1,4 111:6 112:15,17 176:7,9,13,16,19 112:18 113:6,19 177:4,7,10,13,16 114:16,19 117:5 177:20 178:1,4,7 119:18 129:20,20 178:9,11,15,18,22 139:15 152:2,4,7 179:2,7,10,13 152:14 186:6 180:1,4,8,13,17 191:19 180:21 181:2,8,13 believes 53:15 181:18 182:11,14 bench 136:15 182:19 183:4,6,9 benchmark 142:20 183:14,18,21 best 20:12 79:22 184:3,7,11,16,19 156:14 184:22 185:3,6,10 better 18:21 101:6 185:14,20 186:1,3 122:2 199:16 186:6,12,17 187:2 Beverage 1:2,14,15 187:6,10,15,19,22 188:3,11,18 189:2 189:4,15,19 190:2 190:7,9,12,15,19 191:2,4,8,12,19 192:1,6,11,14,17 192:21 193:3,6,13 193:16,19 194:1,5 194:7,12,18,22 195:4,8,12,18 196:5,8,13,18 197:3,11,13,18,22 198:4,7,11,14,18 198:22 199:10,15 199:20 200:1,5,18 201:1,5,7,10,16 201:20 202:1,8,18 202:22 203:7,21 203:22 204:3 beyond 11:8 12:2 16:9 18:17 74:7 76:2 81:6,9 92:22 142:17 biggest 112:17 131:18 Bishop 28:14 29:16 31:7 34:22 bit 17:17 91:15 153:8 200:10 Blagden 23:16 44:15 board 1:2,15 3:12 3:21 7:8,14 9:6,11 11:10 13:22 14:5 15:12 16:2,20 17:18 39:19 41:19 43:22 47:8 54:19 59:10 60:2 67:16 68:3 69:10,13 93:12 99:19,22 119:10 120:4 126:7 132:21 136:1 137:4,5 138:4,21 143:11 143:22 144:2 146:9,17,20 147:18,19 148:5 150:8 159:4 184:15,18,21 188:2,4 189:17 193:9,12,22 196:3 207:4,16 208:17 208:19 209:1 211:5 212:7,8,20 213:1,21,22 Board's 18:20 40:3 40:12 45:13 61:17 136:22 146:13 203:12 207:19 body 16:4 54:3 book 48:21 102:15 155:20 booth 188:5 189:2 bought 159:17 167:15 bounced 78:19 box 174:4,7,9 breach 209:16 211:4 breaks 134:19 brick 30:1,16 brief 12:1 14:5 26:12 54:7 56:10 57:5 107:13 115:9 117:2 204:13 briefest 64:1 134:18 briefly 49:20 72:2 bring 143:20 209:4 bringing 170:16 broader 54:22 Brooks 1:19 138:6 138:9 147:9,10 149:2,3 177:1,2,5 177:8,11,15,17,22 178:2,6,8,10,12 178:16,19 179:1,4 179:9,11,14 213:12,13 brought 7:5 16:1 62:20 68:3 71:5 71:10 82:6 158:2 182:1 Bs 39:4 build 159:14 building 1:15 21:13 28:3,11,15 30:2,3 33:3 34:6,13 77:15 169:14,16 180:18 182:1,4,5 182:15 buildings 2:17 28:8 33:15 34:9 115:13 burden 170:21 171:11 business 44:19 118:15 161:7 166:2 182:9,10 businesses 34:20 210:14,15 B-A 150:2 B-E-Y-E-N-E 150:2 C C 2:15 37:19 79:9 85:14 86:19 92:17 92:21 95:12 100:6 calendar 43:11 144:16 call 3:4 5:19 6:4 9:18 45:22 68:21 86:4 98:4,7 101:10 149:8 173:17 205:3 called 69:17 108:9 calling 14:18 122:1 CALVIN 1:20 can't-hear-over-t... 86:17 capacity 24:3 139:7 card 44:19 care 102:7 170:8 case 1:9 3:4,4 7:3 8:6,11 9:7 16:11 18:18 41:13 59:21 69:3 70:16 78:14 103:4 105:4 108:12 141:13 146:22 148:18 158:13,16 207:9 213:2
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cases 68:22 caught 101:6 cause 1:8 3:5 5:4,6 7:16 8:22 9:12 11:14 57:13 141:20 143:7 144:1 caused 57:13,15 cell 108:22 118:6 certain 57:2 84:10 90:16 102:8 certainly 38:3 39:21 137:21 145:17 158:15 certifications 199:22 200:4 Chair 3:16,17 5:9 6:19 10:7 11:18 19:22 20:17 41:16 41:17 44:2 45:5 45:11 53:13,19 93:6 129:11 135:15 140:5 144:8 150:4 183:2 204:13 Chairman 3:3,14 3:18 4:4,6,11,14 4:18,21 5:3,10,15 5:18 6:2,7,9,14 7:10,14 9:15,20 10:5,10,13,16 11:15 12:13,16,21 13:6,11 15:4 16:12 19:2,14,18 20:5,11,14,18,22 22:20 23:2,8 36:19,22 37:7,11 37:14,16 38:16,19 39:2,5,10,15,18 40:6,11,14,22 41:5,6,10,18 42:1 42:5,11,16,19 43:4,8,16,19 44:3 45:6,12,16,19 46:2,5,8,17 47:3,7 47:12 50:10 51:3 51:20,22 52:4,7 52:19 53:10 54:11 55:1,4,16,21 57:10,18 58:1,11 58:19 59:5,11,14 60:8,10,20 61:12 62:7,11,14,19 63:4 64:5,9,13 65:5,11,21 66:2,9 68:18 69:20 70:4 70:8,11,19 71:11 72:8,12,19 73:1,4 75:13 76:4,10 81:18 82:8 83:11 83:13 84:4 89:10 89:13,19 90:2,6 92:16,18 93:2,8 93:11,17 94:18 95:3,9 96:3,11,15 96:20 97:2,8,13 97:17,22 99:17,21 100:7,11,15,18 101:2,7,13,21 123:1,4,8 126:6,9 129:12,21 130:6 130:11 131:3,6,19 131:22 132:5,11 132:14,17,22 133:5,8 134:10,15 134:20 135:1,5,9 135:13,17 136:4 136:11,18,21 137:8,13,17 138:3 138:11,15,20 139:5,13,18,21 140:6,11,21 141:2 141:9,11,17 144:4 146:11 147:5,8,11 147:14 148:3 149:1,4,10,17 150:7 157:7 158:6 158:18 159:2,7 176:21,22 179:16 179:17 183:3,7,12 183:15,19,22 184:6,9,13,17,20 185:1,4,7,11,18 185:21 186:2,4,9 186:14,22 187:4,7 187:12,16,20 188:1,7,15,19 189:3,11,16,20 190:4,8,10,13,16 190:21 191:3,6,9 191:15,21 192:2,8 192:12,16,18,22 193:4,7,14,17,20 194:2,6,8,13,19 195:1,5,10,16,20 196:6,9,14,21 197:6,12,14,20 198:1,5,9,12,16 198:20 199:4,8 203:9,10,15,20 204:1,4,8 207:5 211:7,14,20 212:5 212:10,13,18 213:8,11,14,17 214:5 Chairperson 1:17 1:18 146:16 212:19 chamber 29:1 chance 29:11 145:2 201:13 change 94:22 95:5 123:14,18,18 125:3,6 142:14 173:2,3,3,5,8 193:9 changed 94:20 196:3 changes 114:14 168:22 180:10 changing 197:7 characterize 173:19 characterized 73:20 charge 6:19 9:11 206:19 chargeable 144:19 check 51:10 152:3 185:22 187:8,11 187:13 189:14 190:11 191:11 192:7 193:11,18 checked 122:10 checks 192:10 193:5,10 chief 46:9 141:13 choose 51:2 206:11 choosing 50:13 churches 35:5 circumstance 15:14 16:5 50:12 54:14 75:7 89:4 94:2 143:12 210:1 210:6,11,12 circumstances 26:12 50:18,21 51:1 80:15 82:5 98:20 142:20 144:1 208:9,11 209:11 circumvent 120:4 cited 213:3 city 74:4,4 210:1 claim 208:14 clarification 98:3 164:20 clarify 97:16 98:8 125:19 clarity 143:20 Class 1:8 106:3 clear 60:12 74:3 95:22 140:13 165:21 cleared 37:8 clearly 47:10 112:20 130:19,21 142:10 208:20 close 31:18 211:10 closed 35:21 100:14 146:21 147:19 213:1,21 closely 79:19 closet 119:14 154:13,14,15 156:19 157:3 173:9,13,14,15,19 174:21 190:3,20 closing 2:3,4 204:11 207:1 211:22 212:14 club 159:15 181:9 182:9 196:11 CMP-00175 3:5 147:1 code 7:15 105:19 106:5,6 110:13 115:18 169:16,17 colleague 18:2 color 30:10 Columbia 1:1 3:12 45:22 66:17 101:11 146:18 212:20 come 26:3 33:18 56:20 75:5 78:3 79:16 94:1 126:14 135:18 136:8 137:3 139:10 142:4 180:6 181:4 188:14 189:7 comes 165:16 173:7 189:19 194:20 195:7 196:15 comfortable 118:11,13 coming 92:10 105:9 151:4 197:8 214:6 command 208:6 Commercial 106:4 commissioner 139:7 141:4 commonplace 73:12 communicated 86:22 87:1,5 communicating 89:21 communication 89:15 99:10 community 14:18 14:18 148:13 165:2
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compact 210:5 comparison 130:13 130:16 compelled 160:22 161:7 162:3,8 166:16 167:2 169:2 complain 205:2 Complainant 72:22 86:9 107:18 108:6 114:4 complainants 8:19 13:15 17:16 56:8 56:17 57:6 58:22 64:17 71:5,6 83:17 105:4,7 106:2 107:8 110:18,21 143:14 207:15 209:21 Complainant's 206:7 complained 179:22 181:11 208:21 complaining 69:3 73:19 complaint 2:14 7:6 13:13 18:8 22:8 22:13 24:16 25:4 25:10,19 26:4 40:20 42:17,20 43:2,3 53:16,17 54:17 56:1,17 57:9,11,16 60:3,4 60:6,11,15,17,19 61:3,5,10 67:6,10 69:13 81:8 94:15 97:6 98:5 104:10 104:14 105:19 107:22 121:1 151:13 160:18 172:22 184:8 complaints 7:1 23:12 24:4 29:12 29:15 51:17 52:12 54:2,18 55:8 58:14,17,18 63:6 64:16 66:21 69:4 69:14 72:4,17 80:7 86:16,18 92:6 95:13,15 96:2,9 102:11 104:20 105:16 108:18 122:11,16 126:11,14 128:10 169:10,13,19,21 169:22 170:6,7 177:18 178:14,17 178:20 186:13 204:16 209:11 complete 35:13 91:12 122:14 completed 35:7 36:9 completely 118:15 210:13 completing 126:12 compliance 158:11 211:2 compliant 9:9 complied 7:5 13:16 64:20 108:3 145:15,17 complies 82:14 comply 13:17 56:9 57:16 108:6 110:12 114:12 complying 58:9 compound 75:7 computer 124:17 189:5 194:11,15 196:1,12 197:9,16 concern 61:17 concerned 6:13 11:5 77:21 114:11 165:9 concerns 6:20 8:9 conclude 196:7,10 concluded 212:1 214:9 concludes 93:6 125:16 140:4,9 conclusion 142:5 conclusions 211:16 concur 203:18 concurrence 127:5 condo 27:4,7,7,11 27:19,20 32:5 33:3 34:6 48:4 49:16 69:8 87:13 87:15 90:9,11,17 91:9 182:11,12 condominium 2:19 2:20,21 21:13 22:7 26:19 27:17 30:1 32:2 33:21 35:14 48:3,13,22 49:9,9 50:7,8 51:14,18,18 52:12 54:1 67:16 71:9 73:12 75:17,19 77:15 79:17 102:11 152:6,16 153:16 202:10 210:10 condominiums 69:11 205:17 condos 77:15 111:21 conduct 83:17 102:10,18,21 104:18 116:1 117:19,21 143:1 160:7,11 171:3 200:15,15 conducted 12:11 82:21 87:11 116:10 122:1 conduit 16:8 conference 147:19 confines 71:8 confirm 9:8 170:21 172:2 confirmation 172:7 172:20 confirmed 171:20 197:7 confused 188:8 189:12 conjunction 171:7 connection 48:1 141:21 consider 146:14 172:22 206:19 207:1 considered 49:12 69:6 148:4 considering 148:14 considers 68:5 69:7 construct 173:4 contact 44:20 98:16 118:7 contacted 102:9,18 107:8,8 110:19 contacting 105:4 contain 85:15 208:13 contained 6:21 14:8 52:12 85:12 145:4 contains 11:3 contemporaneou... 84:9 content 79:9 contention 7:2 context 14:1,5 54:9 59:8 contiguous 48:13 continue 20:20 65:7 66:11 84:6 139:1,2 140:2 141:6 145:22 146:1,1 210:15 continued 54:20,21 145:3 146:6 204:19 continues 150:5 209:19 contractor 182:20 control 1:2,14,15 146:17 189:8 212:20 controlled 194:11 controller 188:12 190:2,5 194:15 controversy 143:21 conversation 130:22 131:2,4 172:9 conversational 205:4 conveyed 69:22 70:1,12,13 coordinated 118:2 copies 103:13 copy 157:17 corner 50:1 corners 98:11 110:13 141:22 correct 25:5,6 30:14 33:22 39:12 42:14 48:19 57:21 58:3,7 67:11 79:2 87:20 91:10 96:18 103:6 104:17 105:22 106:12 107:11 108:1,6,13 109:9,11,15 110:4 110:9 111:6,15,19 115:20 116:4,8 119:7,21 122:3,18 129:3,9 130:3 131:5,8,21 133:15 139:12 157:15 158:9 159:9 185:9 187:21 corrective 9:6 correctly 128:19 cost 182:3 Council 21:19 counsel 4:1 14:9 20:1 38:2 146:22 count 65:2 counted 144:16 couple 59:3 73:18 139:11 177:2 course 47:6 152:8 162:10 court 2:18 21:4,11 23:16 29:22 35:2 44:16 47:15 49:18 106:3 136:14 137:22 courtyard 31:6 covered 117:3 create 11:9 15:11
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54:14 81:3 84:10 created 81:12 credence 200:10 criteria 58:12 cross 45:13 cross-examination 37:12 158:1 CT 1:8 210:7 cure 12:22 13:3,3 55:19,22 56:3,14 61:19 62:16 63:3 63:20,22 65:1 66:10 67:6,21,21 76:9 82:20 86:15 95:18 98:5 107:7 107:16 144:16,17 145:2 157:15,21 204:19,21 205:13 205:21 cured 136:2 145:7 208:2 curing 13:12 145:15 current 140:7 currently 185:13 cut 167:13,14 cutting 170:11 C-O-N-T-E-N-T-S 2:1 C-2-A 106:3 115:21 D D 1:6 2:17 3:6 21:6 27:13,16 28:5 36:16 49:21 dance 29:9 Danilovics 2:6,19 2:21 10:4 21:5,6 21:10,15,18 22:5 22:14,19,21,22 23:7,14,22 24:5 24:12,15,18,21 25:1,6,11,14,17 25:21 26:5,10,13 27:5,9,15,20 28:7 28:14,19 29:4,14 29:19,21 30:7,11 30:14,18,21 31:5 31:12,15,17 32:1 32:10,13,18,20 33:6,13,17,22 34:2,13,17 35:10 35:15 36:11 41:22 42:3,8,15,18,22 43:7,10,18 44:9 44:14 45:18,18,20 71:15 79:1 105:5 118:4 127:8,16 date 25:8,12,15 26:15 42:2,3 43:9 51:1,7 52:8 67:7 68:7,8,9 77:7 92:22 102:20 103:19,21 104:5 116:2 131:14 183:10 187:3 dates 11:6,9 12:3 50:14,22 52:9 85:15 102:17 dawit@moodlou... 78:8 day 7:7 12:20 15:9 43:5 50:12 79:14 93:14 122:9 132:8 143:13 145:1 169:13 186:17 198:10 days 63:19,21 65:2 65:3 67:9 86:13 92:8 107:17 144:15 145:6 146:5 152:3 157:15,20 169:13 169:19 175:9,14 177:19 205:10,12 206:14 207:2,3,22 214:2 day-to-day 174:12 175:2 DCRA 54:3 deal 20:19 80:7 91:19 dealing 48:5 54:6 54:10 58:15 63:8 dealings 59:1 deals 81:2 dealt 107:6 212:2 DECEMBER 1:13 decibel 202:14 203:3 decibels 203:5 decide 20:10 153:15 decision 138:21 212:7 deck 32:14,17 33:2 33:5,7 34:3 49:13 decreased 132:10 deemed 142:11 defend 68:16 defining 199:8 definite 206:13 definitely 130:18 degree 199:19 200:2 deliberate 212:8 deliberating 213:2 delicate 118:19 delivered 42:6,9 demonstrates 82:16 deny 148:6,19 departure 209:14 dependent 196:1 descended 93:16 describe 115:9 153:8,9 155:3,9 205:3 described 123:16 206:13 describes 81:21 desire 20:6 78:3 Despite 53:6 details 207:12,13 determination 112:13,22 115:17 determine 56:7 106:1 107:2 108:2 108:16 120:2 determined 110:11 device 115:16 devices 124:17 125:3 difference 162:2 192:20 differences 193:2 different 78:15 90:21 124:20 127:19 197:16 206:9 difficult 96:5 direct 47:5 158:2,3 209:2 direction 37:3 directly 127:20 disagrees 144:8 disconnect 186:18 disconnected 8:14 167:9,14 disconnecting 170:12 183:16 discretion 207:4 discuss 17:20 50:17 50:21 51:1,12 82:19 discussed 14:21 36:16 50:18 85:17 86:17 144:12 179:19,21 discusses 11:8 discussing 15:1 105:7 discussion 15:16,17 16:7 44:8 54:21 83:22 158:11 discussions 52:16 73:12 120:1 204:16 dismiss 9:11 141:14,19 144:3 211:5 disruptive 17:6 106:21 distinction 208:4 distract 8:21 distracted 9:3 District 1:1 3:11 7:3 12:2 17:3 38:12 40:19 45:22 53:15 66:16 85:14 101:11 144:8 146:18 158:9,13 158:22 203:19 206:17,18 210:4 211:12,17 212:20 disturbance 117:17 disturbances 105:9 disturbed 91:19 disturbing 163:9 DJ 29:6 120:7 121:12,13 134:3 179:5,8,9,12 188:5,6,9 189:2 189:18 195:7,9,15 196:15,22 198:19 DJs 119:15 123:17 124:12 188:13 189:7 DJ's 194:11 196:1 196:11 document 10:21 11:2,7 24:14 79:10 80:10 81:12 81:14,16,17 84:3 84:10 85:13 86:1 87:3,6 95:21 204:15 208:6 documentary 205:11 documentation 13:7 documented 2:15 86:18 205:17,19 documents 16:16 79:14 83:3 208:13 doing 40:2 134:3 152:18 189:14 domicile 202:17 DONALD 1:19 door 112:7 152:6 182:12,13 202:11 doors 30:17 49:2,3 69:12 125:22 dozens 80:1
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strike 101:5 structures 34:5 studio 35:2,3 study 200:16,17,18 200:19 201:4,8,12 201:14 202:21 stunning 15:8 subject 9:12 11:11 75:4 77:11,12 83:22 88:21 subjected 132:4 submission 10:22 25:7 37:18 submit 51:2 61:7 75:10 143:6,22 208:19 209:16 210:11 211:1 submitted 201:12 subsequent 58:13 58:17,18 64:2 126:11 subsequently 26:1 substantial 82:2 209:19 subwoofers 183:20 success 167:22 suffers 208:8 sufficient 209:16 suggest 180:10,17 181:22 suggested 112:22 suitable 153:20 154:2 sum 208:19 summer 84:18,19 sums 122:8 Sunday 111:7 supersede 124:21 supposed 158:1 sure 4:22 12:4 20:8 23:7 38:1 47:6,11 51:16 52:6,14 94:13,20 95:20 100:3,14 136:2,17 136:19 139:20 152:7 187:2 195:19 197:13 114:14 117:1 talked 40:4 105:12 131:9 145:4 187:17 talking 38:1 40:7 58:17,18,20,21 59:4,8,15 64:6 66:10 69:15 79:9 89:16 131:7 160:13 185:2 talks 113:2,7 taping 136:6 137:1 tech 121:11 technicalities 144:11 technically 144:9 205:9 technological 123:19 technology 120:6 123:17 T telephone 88:1,8 tab 21:21 22:1,1,2 108:17 24:11 66:14 103:8 television 36:6,7 103:8,20 104:3 71:16,18 205:7 109:8,8 111:5 tell 15:3 27:10 29:5 116:18 120:16 47:18 76:14 79:10 121:9 155:4 114:9 189:4,5 157:19 201:14 tabs 22:1 120:21 telling 193:8 194:9 take 7:22 9:6 15:21 195:2 196:1 17:4,10 22:9 temper 106:15 39:19 66:11 67:21 tenant 73:19 74:12 74:20 83:6 98:16 74:17 75:8,9,18 98:20 103:3 76:1,7,8,14 80:8 106:19 108:17 152:15 115:6 135:6 tenants 48:6,6 69:9 145:13 146:13 69:19 74:4,12,15 170:8 181:20 74:18 75:5 79:13 184:1 202:13,13 92:6,10 206:5 209:10 tend 6:10 210:3,4 terms 54:13 174:21 taken 8:7 11:19 200:11 211:2 16:5 18:9 19:5 test 12:11 35:6 36:8 93:22 99:10 51:8 52:10 60:13 talk 26:3 50:11 60:14 62:16 63:16 54:15 68:4,17,22 73:9 82:22 87:8 198:22 199:20 212:5 surrounding 200:21 survive 210:14 suspended 9:13 suspension 207:1,2 sustain 55:6 63:11 76:12 158:20 switch 174:18 175:6 system 79:22 120:3 120:7,9,13 125:1 133:18 184:19 189:9 194:21 195:14 196:4,17 197:5,8 199:2,11 systems 125:4 S-H-A-K-O-O-R 102:6 87:11 92:8,9 94:1 117:19 122:2 128:22 129:15 133:13,20 142:11 143:3,4 145:1,20 146:6,7 152:18,19 153:2,15 170:17 170:18 171:4 195:6 201:2 202:2 205:19 testified 51:13 75:20,22 188:13 205:5,16 testify 43:15 52:17 53:1,2,2 55:14 69:22 75:3 83:4 83:10 89:3 155:9 testifying 75:1,10 90:3 testimony 8:5 10:1 13:19 15:15 18:15 19:10,11 44:5 46:13 53:8 54:7 56:4 58:4 61:8,13 62:1 63:5 64:1 65:6 67:20 68:13 68:21 71:14,21 75:11 84:2 93:21 95:12,22 101:6,17 115:7 123:11,20 125:2 142:6,9,13 142:15,16 144:17 146:8,10 149:13 158:3,3,14,15 160:3 196:7 203:14 204:14,22 205:11 208:20,22 209:2,18 testing 90:19 tests 26:18 text 85:10 89:3,14 89:22 98:8 118:7 153:18 154:8 161:20 172:12 202:9 texted 91:1 texting 88:6,7,12 88:13,14 texts 88:18 90:15 thank 4:22 5:2 6:18 7:10 9:14,15 10:5 10:17,18 15:4 16:11,12 20:16 23:8 36:19 41:15 45:4,6,16,20,21 46:8,17 51:3 83:11 84:4 90:7 93:3,5 99:17 100:10 101:16,21 104:8 126:8 129:10,11 132:22 134:10,14 135:8 140:3 141:3,3,5 144:4,7 146:11 149:6,17 157:6 159:2,6 176:20,21 179:15 183:1 199:7 203:8,9,10 203:15,20 204:3,4 204:12 207:5 211:7,20 212:12 212:16 213:8 214:3,5,6,7 thereto 122:22 they'd 63:1 thing 18:16 23:7 50:22 71:3 127:11 127:13 166:4,20 193:1 194:10 195:13 202:8 things 15:1 51:10 71:13 80:21 81:16 83:2 85:15,22 86:4 90:19 125:9 165:17 167:5,5,22 170:10,20 think 17:16 18:19 19:4 20:11,15 53:8 54:5,22 57:7 57:18 58:12 59:16 61:17,20 63:5,8 66:12 69:21 70:2 70:5 71:2 72:7 76:1,21 81:5 82:7
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12.07.11 Mood Lounge ABRA Show Cause Hearing Transcript - Noise Violation

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12.07.11 Mood Lounge ABRA Show Cause Hearing Transcript - Noise Violation

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Page 1 DISTRICT OF COLUMBIA + + + + + ALCOHOLIC BEVERAGE CONTROL BOARD + + + + + MEETING ----------------------------- IN THE MATTER OF: : : Mimi & D, LLC

time here -- and Members of the Board.

INTERIM CHAIRMAN ALBERTI: sorry, Beyene? MS. BEYENE:

Yes, last name is

INTERIM CHAIRMAN ALBERTI: Thank you.

I just want to make sure

Neal R. Gross & Co., Inc. 202-234-4433

This is a show cause hearing.

INTERIM CHAIRMAN ALBERTI:

INTERIM CHAIRMAN ALBERTI: Okay.

Do we need to call the rule Or, Ms. Gordon,

on witnesses, Ms. Phillips? because I guess -MS. PHILLIPS:

Yes, I'm the one

Neal R. Gross & Co., Inc. 202-234-4433

INTERIM CHAIRMAN ALBERTI: MS. GORDON: Yes.

INTERIM CHAIRMAN ALBERTI:

opening statements. side.

Five minutes for each

Ms. Phillips, please begin. MS. PHILLIPS: Thank you, Mr.

This is a single charge notice that

INTERIM CHAIRMAN ALBERTI:

Neal R. Gross & Co., Inc. 202-234-4433

INTERIM CHAIRMAN ALBERTI: Please be seated. MS. PHILLIPS:

Mr. Chair, I would

Mr. Alberti, with

of Mood Lounge on dates specific.

The voluntary agreement is very, very

INTERIM CHAIRMAN ALBERTI:

INTERIM CHAIRMAN ALBERTI:

Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 the voluntary agreement. MS. PHILLIPS: There is. There

this is a stunning situation. event on one day.

We have two investigative This is an

reports that speak for themselves.

Neal R. Gross & Co., Inc. 202-234-4433

INTERIM CHAIRMAN ALBERTI: you, Mr. Woodson.

Ms. Phillips, I have a question So are you trying to -- with these

enforcement before the ABC Board.

Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 notified in writing, etcetera. MS. PHILLIPS: Yes, in part. And

Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR. WOODSON: Mr. Alberti, with

right to that very matter.

permit me notice my objection for the record? INTERIM CHAIRMAN ALBERTI: To --

INTERIM CHAIRMAN ALBERTI: I think we'll -MS. PHILLIPS:

Thank you, Mr.

INTERIM CHAIRMAN ALBERTI: Neal R. Gross & Co., Inc. 202-234-4433

The harder part, D-

Naylor Court, Northwest, Unit No. 4. MS. PHILLIPS: Is that a

Washington Council of Governments. MS. PHILLIPS: Let me ask you to

And speak up,

Neal R. Gross & Co., Inc. 202-234-4433

INTERIM CHAIRMAN ALBERTI:

Lounge become a resident of your neighborhood? MR. DANILOVICS: I believe they

Neal R. Gross & Co., Inc. 202-234-4433

It's the one on

Neal R. Gross & Co., Inc. 202-234-4433

Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MR. DANILOVICS: MS. PHILLIPS: Yes. All right. So this

It looks like an online

Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 MS. PHILLIPS: And subsequently

circumstances and in brief what happened? MR. DANILOVICS: It was an

witnesses and a representative from Mood Lounge to do sound tests. I was in my

I can't tell you where he was. my condo. MS. PHILLIPS: Okay.

I want you to turn to Exhibit D.

gallery or something there? MR. DANILOVICS: Yes, Bishop

Neal R. Gross & Co., Inc. 202-234-4433

band or any type of music. dance music. MS. PHILLIPS: