SCBrown ANC7C04 Alcohol Omnibus Testimony

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04
T OGETHER B ETTER !
Public Hearing on Omnibus Alcohol Reform Sylvia C. Brown, Advisory Neighborhood Commissioner 7C04 July 12, 2012
I am Advisory Neighborhood Commissioner 7C-04, representing portions of the Deanwood neighborhood in far northeast Ward 7. I am providing comments regarding the Omnibus Alcohol Reform bill. I appreciate Chairman Graham offering me an opportunity to be a member of the alcohol working group convened in 2011. During the working group sessions and now I am looking for four principles to be a part of the omnibus alcohol reform effort. 1) Appropriate ABC reforms encourage economic development activities that provide desirable employment and a broad, diversified tax base . 2) Appropriate ABC reforms ensure the social growth and stability of all parts of the District. 3) No reform of ABC regulations substantially impairs the integrity of any validly approved Master Plan or Small Area Plan. 4) Continued single-use and business types will be detrimental to the use or development of adjacent properties and the genera l neighborhood. The Districts liquor laws too often are seen through the lens of restaurants, bars, and taverns. Regrettably, the retail landscape in Wards 7 and 8 have not matured , and our prevalent liquor licensees are class A and class B retailers , liquor stores. There are 88 alcohol licensees in Wards 7 and 8. Of this number five, thats right five, are not liquor stores. No longer will my neighbors and I accept this unbalanced and unhealthy retail landscape as a fact of life. We are demanding the Council and the Executive use not only the alcohol laws and regulations but also law enforcement, planning, and economic development policies to change this unbalanced and unhealthy retail landscape.
This omnibus alcohol reform initiative should increase the level of expectation and performance from the licensees and the industry and open up the eyes of
1
Sylvia C. Brown, ANC 7C-04 4651 N.H. Burroughs Avenue NE Suite 2 Washington, DC 20019 P: 202-398-5100 E: brown.sylvia2@gmail.com
T OGETHER B ETTER !
neighbors West of the River to join East of the River in demanding better. Key components that should be reevaluated or clarified in the omnibus alcohol reform initiative are: -define overconcentration -permitting the issuance of additional class B licenses -notice of placard to citizens associations -require group of five to live in 400 radius -Sunday sales
Overconcentration There are several instances of the need to include the classification of such establishments by neighboring city, county, or state jurisdictions . One example is in my Single Member District. In 2011 a class A license was granted to Uncle Lees Seafood despite the operation of two licensees directly across the street in Capitol Heights, Maryland. Theres no need to imagine what it means to have three of the four corners of a neighborhood occupied by liquor storesjust come to the intersections of
Example of Impact of M aryland alcohol licensees across fro m District lice nsee
Eastern
Avenue/Sheriff Road/Division Avenue. The intersection already had challenges with traffic safety. Now those challenges are exasperated with patrons crossing against the light and cutting through traffic to patronize Uncle Lees, Jocks
2
T OGETHER B ETTER !
Liquor, and the Sheriff Carry-out. Vehicles routinely cut through Uncle Lees parking lot to avoid the traffic light. In addition to the traffic challenges, there is the overall downgrade in quality of lifelitter from alcohol bottles and food containers to open container violations to incommoding (loitering) at the alcohol establishments and the Metro bus stop. Traveling south on Eastern Avenue less than a mile away is another Maryland licensee, Franks Tavern. Franks Tavern has been the site of homicides and drug sales. Traveling north on Eastern Avenue are another cluster of Maryland alcohol licensees just across the street from se veral District licensees. You may remember a hearing this spring about banning prostitution; this is that area. There are no less than twenty alcohol licensees in and around Advisory Neighborhood Commission 7C. Accounting for Maryland, needless to say, District and Maryland residents are not in danger of losing access to their liquor needs. Attached are maps of the alcohol landscape in Advisory Neighborhood Commission 7C: liquor stores in a one mile radius in ANC7C; liquor retailers in a mile radius of the District border.
Issuance of additional class B licenses This provision would require new licensees to limit beer and wine sales to 25% of gross receipts, which means the stores must sell 75% of something else. The proposal is worthwhile; however, the 25% sale should (1) include current licensees in Wards 7 and 8 communities and (2) define what the 75% of something else should be. While regulations describe class B licensees as grocery stores, they are in fact operating primarily as liquor stores. A substantial number of carry-outs are also class B liquor stores. These class B retailers circumvent the prohibition
3
T OGETHER B ETTER !
against go-cups, or servings of plain ice in a cup, because they claim the go-cups are a part of the food sale. It is unacceptable for Wards 7 and 8 to wait for organic change or market forces to get the class B licensees to reflect the needs and wants of the community. Certainly, neighbors and I are sympathetic, not to mention realistic. A store wouldnt be able to reduce its gross sales of liquor overnight. A compromise would be phasing the increase to 75% over a two -three year period. Another important component is defining the 75% of something else. For retailers operating as stores, I propose codifying the ad hoc grant program Healthy Corner Stores Initiative. The Healthy Corner Stores Initiative has been underway for the last eighteen months and run by the Department of Small Local Business Development and the Deputy Mayor for Planning and Economic Development and monitored by the Department of Health. The vendor providing implementation has been DC Central Kitchen. Funding for the Healthy Corner Stores has been through the Food, Environmental, and Economic Development in the District of Columbia Act of 2010 (FEED-DC) that was crafted by Councilmember Mary Cheh. Codifying the Healthy Corner Stores Initiative will mean at least twenty-five percent of the total volume of gross receipts of the class B licensee would be food for home preparation and consumption, i.e., fruits, vegetables, whole grain breads, meats or even healthy take-home meal options.
Notice of placard to citizens associations This provision will require intense outreach to citizens/civic assoc iations to let them know of this right. There can be some reliance on notification throug h ANCs, but that cannot be the only channel.
4
T OGETHER B ETTER !
I also believe there needs to be clarification of whether it is sufficient for the associations to register with ABRA or should the organizations also be registered with the Department of Regulatory and Consumer Affairs. I s ubmit that for several associations it will be an onerous burden to meet the DCRA standard. For whatever reason citizens/civic associations may not want to be nonprofits or social welfare organizations. These residents, however, are strong advocates for their communities. Adding a burden to their right to civic activism should be considered cautiously. Require group of five to live in 400 radius Limiting the right to civic activism should be considered cautiously. Just as importantly relying solely on the ANC protest process takes for granted ANCs are the most effective conduits for civic activism. At the risk of putting out dirty laundry, I can attest to the dysfunction of the ANC system. Right now , my Commission is contending with a Commissioner pursuing a personal agenda instead of pursing the publicly voted on and community endorsed protest process. There have been instances where I, as an individual, had to pursue a protest because the Commission was too ineffective to decide. I had to join a group of five. The 400 foot radius would have excluded me and limited my right to civic activism.
Sunday sales There have been numerous reports that the small alcohol retailer s are not in favor of Sunday sales. The retailers are small businesses and Sunday offers them a respite after the hectic hours on Friday and Saturday. For Wards 7 and 8 this would continue the unhealthy reliance and balance on alcohol sales.
5
T OGETHER B ETTER !
Take the Division Avenue retail strip as an example. There are four liquor stores in that one block area; one is a class A retailer. There is a playground and the Heritage Green of Marvin Gaye Park next to the strip. The city and private stakeholders have invested millions of dollars not to mention thousands of hours in time and energy on this one block area. But there is still loiter ing, public drinking, public urination, and undesirable activity. Having a blanket application of Sunday sales is an uninformed and detrimental decision that will exacerbate the challenges at Division Avenue not mention in the whole of Wards 7 and 8.
Conclusion I understand the frustration some neighbors and industry representatives West of the River have about, as they describe, overzealous civic activists. However, they cannot and should not paint everyone with the broad brush of teetotalers, busybodies, or plain zealots. There is a distinct role for citizen activism in the regulation of this citys alcohol establishments. There are organizations across the country that can help provide a balance, instead of an unsteady pendulum that swings too far to either extreme. Lastly, I implore the Chairman, Committee, and respective agencies to fully embrace and use the public policy tools at our disposal to change the unbalanced and unhealthy retail landscape in Wards 7 and 8 that relies on liquor stores.
Thank you for taking public input on this matter. I look forward to being a part of the effort to find common ground.
6
T OGETHER B ETTER !
MAP OF LICENSEES IN 1-MILE RADIUS OF 7C
7
T OGETHER B ETTER !
8

SCBrown ANC7C04 Alcohol Omnibus Testimony

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

SCBrown ANC7C04 Alcohol Omnibus Testimony

Uploaded by

Copyright:

Available Formats

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

MAP OF LICENSEES IN 1-MILE RADIUS OF 7C

A DVISOR Y N EIGHBORHOOD C OMMI SSI ON 7C04

You might also like