August 2, 2016

Donovan Anderson, Chairperson

Alcoholic Beverage Control Board
2000 14th Street, N.W., S400
Washington, D.C. 20009
Re: Liquor License Moratorium Amended Petition for the Langdon Community in Ward 5
Dear Chairperson Anderson:
I am writing in support of the amended moratorium petition submitted by Kevin Mullone, President of the
Langdon Park Community Association in Ward 5, on behalf of the petitioners, with the slight modifications
recommended below.
D.C. Code 25-352 sets forth the procedures for requesting a moratorium from the Board. Requests must
be made to the Board in writing1 and state the contact information for those seeking the moratorium, 2 the
area proposed to be covered, 3 the class or classes proposed to be covered, 4 and a statement of the reasons
in support under two of the appropriateness standards established by D.C. Code 25-313. 5 The
individual, group, or business entity seeking the moratorium must identify a licensee from which the
proposed radius is calculated and must then identify either a locality, section, or portion to be covered; 6 the
petitioners here have identified a portion (1,800-foot radius) originating from an established licensee Bliss
at 2122 24th Place, N.E.
A moratorium may be sought for a single class of license or for any combination of classes of licenses; 7 the
petitioners here seek a moratorium for all Class C and D licenses along the Queens Chapel/Bladensburg
corridor, but not crossing over New York Avenue, N.E. As the moratorium request is for a portion, the
Board can approve the request if there exist nine establishments of the same class or eighteen establishments
of any class or combination of classes. 8 The Board may then grant the petition in whole or in part, by

D.C. Code 25-352(a).

Id. at (a)(1).
3
Id. at (a)(2).
4
Id. at (a)(3).
5
Id. at (a)(4).
6
Id. at (b).
7
Id. at (c).
8
Id. at (d)(3).
2

enlarging or decreasing the moratorium area, or by limiting the moratorium to no more than one class of
license. 9
Based on my review of the petition; extensive conversations with the impacted community; letters of
opposition I have submitted since taking office to license renewals and new license applications of Class
C/N and C/X licensees in the proposed area; ABRAs investigative history; and the dozens of complaints
my office has received regarding the impacts of the licensees, I strongly support the amended petition. Due
to the particular concerns I have regarding the suitability of additional nightclubs and multi-purpose venues
for this area, I would ask that the Board modify the moratorium to prohibit only Class C/N, D/N, C/X, and
D/X licensees rather than all Class C and D licensees. This request is in keeping with my work to revitalize
the affected community, as discussed below.
I will frame my support in accordance with the appropriateness standards set forth in D.C. Code 25313(b): 10
1. The effect of the establishments on real property values;
2. The effect of the establishments on peace, order, and quiet; and
3. The effect of the establishments on residential parking needs and vehicular and pedestrian safety.
Shortly after taking office in 2012, I created the Ward 5 Industrial Land Transformation Task Force, charged
with developing and implementing strategies to revitalize Ward 5s industrial land and neighboring
residential communities. In August 2014, along with Mayor Vincent Gray and the Office of Planning, I
released Ward 5 Works, a strategy to transform 1,000 acres of industrial land in Ward 5 into a hub of
green, food, tech, and creative businesses that create jobs, community amenities, and better environmental
performance for District residents. 11
Ward 5 Works identified eight goals, including to diversify the Wards economy; grow and create new
businesses in new and emerging industries; provide desired community amenities; improve physical
appearance and enhance connectivity; and importantly, address nuisance/operational issues of some
existing businesses.
The Effect of the Establishments on Real Property Values
The approval of additional Class C/ and D/N and C/ and D/X licensees would run counter to the reports
goals. Restaurants, grocery stores, retail, and other amenities are more likely to attract additional
neighborhood-serving development emanating from new licensees in this highly concentrated area will
depress real property values in the neighborhood.

D.C. Code 25-354(e).

D.C. Code 25-313(b): (b) In determining the appropriateness of an establishment, the Board shall consider all
relevant evidence of record, including: (1) The effect of the establishment on real property values; (2) The effect of
the establishment on peace, order, and quiet, including the noise and litter provisions set forth in 25-725 and 25726; (3) The effect of the establishment upon residential parking needs and vehicular and pedestrian safety; and
(4) In the case of a license renewal, the provisions of this subsection and 25-315.
11
Ward 5 Works: Ward 5 Industrial Land Transformation Study (Aug. 2014),
http://planning.dc.gov/sites/default/files/dc/sites/op/publication/attachments/W5_07142014_FINALfinalSmallest.pd
f.
10

The Effect of the Establishments on Peace, Order, and Quiet

The existing Class C/N and C/X establishments in the proposed moratorium are open into the early morning
and accommodate hundreds of patrons, and there is little buffer between adjacent residences. When the
establishments close each night, these patrons exit the establishments en masse and cause significant
disruptions. This concern is not speculative. I have witnessed firsthand and receive calls from constituents
on a weekly basis concerning the noise, disorderly conduct, and sometimes criminal activity of patrons
from nearby licensees. As was referenced during the Boards public hearing on the moratorium petition,
my office has received numerous complaints of public intoxication, urination, defecation, sex, littering,
destruction of property, noise, and not infrequently, violent crime. Establishments with liquor licenses, and
those who operate them, must comply with the law and be respectful of the integrity of the community in
which they operate. Moreover, licensees within the proposed moratorium portion already have a lengthy
history of violations.
The Effect of the Establishments on Residential Parking Needs and Vehicular and Pedestrian Safety
These establishments adversely affect residential parking and vehicular and pedestrian safety. The area
surrounding the licensees is zoned for residential parking. Currently, hundreds of cars occupy the limited
available spaces. The approval of any additional licenses will only exacerbate already difficult parking
conditions. Residents will bear the burden of forfeiting their own parking spaces to new patrons, and
neighboring commercial venues will be forced to police their parking lots. Additionally, the influx of
hundreds of patrons exiting the establishments in the early morning will invariably threaten pedestrian
safety.
Based on the foregoing reasons, I strongly encourage the Board to approve the moratorium petition with
my recommended modifications. I ask that this letter of support be included in the record.
Sincerely,

Kenyan R. McDuffie
Councilmember, Ward 5
Council Chair Pro Tempore
Chair, Committee on the Judiciary
cc:

ABRA Director Fred Moosally

Advisory Neighborhood Commissioner Jacqueline Manning
Advisory Neighborhood Commissioner Gail Brevard
Advisory Neighborhood Commissioner Walter Deleon
Advisory Neighborhood Commissioner Robert Looper, III
Advisory Neighborhood Commissioner Regina James
Advisory Neighborhood Commissioner Monique Smith
Advisory Neighborhood Commissioner Nolan Treadway
Langdon Park Community Association President Kevin Mullone
Woodridge South Community Association President Carlos Davis