DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD

IN RE:

LEEDS THE WAY,LLC CASE NO. 10-PRO-

00109

t/a HANK’S OYSTER BAR

License No. 71913

Retailer CR

Substantial Change (Expansion of Premises)

Protest Hearing Status

____________________________________/

The above-entitled hearing was held on

Wednesday, September 29, 2010, at 1250 U Street, N.W.,

Washington, D.C. 20009, commencing at 9:30 a.m.,

before Chairman Charles Brodsky.

ON BEHALF OF APPLICANT:

ANDREW KLEIN

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 ON BEHALF OF PROTESTERS:

MICHAEL HIBEY

REPORTED BY: DIANE HUMKE, NOTARY PUBLIC

P R O C E E D I N G S

CHAIRMAN BRODSKY: This is the hearing

of the District of Columbia Alcoholic Beverage

Control Board. Today is Wednesday, September

29, 2010 and I’m going to introduce the board

members. To my far right is board member

Nophlin, Alberti, Brooks, Silverstein. My name

is Charles Brodsky and that constitutes a

quorum for conducting business here today.

Please make sure your electronic devices are

turned off or on vibrate and when you come

forward please put your name on the piece of

paper on the table in front of you and speak

clearly for the record. The time is 9:32 and

we’ll call our first case of the day.

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 This is case 10-PRO-00109. This is Leeds

the Way, LLC, trades as Hank’s Oyster Bar.

Would the parties come forward and

introductions please?

MR. KLEIN: Good morning. Andrew

Klein for the licensee. Mr. Chairman, Jamie

Leeds has just texted me and she is on her way

and I know that the protestants are out in the

hall, if we could just pass this for a moment.

CHAIRPERSON BRODSKY: Absolutely.

(Off the Record)

(On the Record)

CHAIRPERSON BRODSKY: Next case,

please. Case number 10-PRO-00109. Leeds the

Way LLC, trades as Hanks Oyster Bar, parties

forward, introductions, please.

MR. KLEIN: Good morning. I’m Andrew

Klein, a non-lawyer representative on behalf of

the applicant.

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 MS. LEEDS: Jan Leeds.

MR. HIBEY: Good morning. Mike Hibey

on behalf of the protestants.

CHAIRPERSON BRODSKY: Mike?

MR. HIBEY: Hibey, H-i-b-e-y. I have

not filed an entrance or appearance but I have

a copy here if you’d like to see it.

CHAIRPERSON BRODSKY: And you’re on

behalf of?

MR. HIBEY: The protestants.

CHAIRPERSON BRODSKY: Okay and with

you?

MR. MALLOF: Good morning. David

Mallof, M-a-l-l-o-f. I’m one of the four co-

coordinators on behalf of the 22 protestants,

neighbors.

CHAIRPERSON BRODSKY: Ma’am, your

name?

MS. DIENER: Robin Diener, D-i-e-n-e-r

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and I’m the president of the Dupont Circle

Citizens Association.

CHAIRPERSON BRODSKY: And who do you

represent?

MS. DIENER: We represent the members

of the Dupont Circle Citizens Association.

CHAIRPERSON BRODSKY: Is the Dupont

Circle Citizens Association a member in this

protest?

MS. DIENER: Yes, we are. We are the

signature to the voluntary agreement.

CHAIRPERSON BRODSKY: One moment

please. Ms. Diener?

MS. DIENER: Yes, sir?

CHAIRPERSON BRODSKY: Did you actually

file a protest?

MS. DIENER: No, we did not. We filed

to actually, in another matter concerning the

voluntary agreement, but we, we –-

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 CHAIRPERSON BRODSKY: So –-

MS. DIENER: We were notified and we

had a request to amend or terminate, and we

responded that we would like to amend and as we

understand the voluntary agreement, it needs to

be amended or terminated before this issue

would come into play. We think, so we think we

are a party to it as long as the voluntary

agreement is enforced.

CHAIRPERSON BRODSKY: So you, are you

all talking about the same voluntary agreement

as Mr. Bar or different voluntary agreement?

MS. DIENER: Well, there are actually

two documents, but my understanding is that

they were merged and it set forth in the

document that they shall be considered as one.

CHAIRPERSON BRODSKY: Okay, but in the

matter of 10-PRO-00109, you didn’t actually

file to be part of that particular, this

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particular protest case?

MS. DIENER: Well, forgive my not

knowing what that means. Is this the

substantial change request?

CHAIRPERSON BRODSKY: Correct,

substantial change.

MS. DIENER: No, not that protest, no

because we --

CHAIRPERSON BRODSKY: Okay.

MS. DIENER: We thought it was part of

the voluntary agreement.

CHAIRPERSON BRODSKY: All right, so

for right now, Ms. Diener, I’m just trying to

straighten things up. I’m just going to ask

you to step off of the main table for a second.

MS. DIENER: Certainly.

CHAIRPERSON BRODSKY: Just so that we

don’t recognize you as a part of this case,

which it doesn’t appear that your association

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is a part of this particular case, although you

may have some part of the overall action. Do

you understand what I’m saying?

MS. DIENER: Not quite, but I’ll step

aside anyway.

CHAIRPERSON BRODSKY: Thank you, we

appreciate that very much. We’ll get that

figured out real quick. Okay, so in the matter

of 10-PRO-00109 we have the, the applicant, the

licensee, right?

MR. KLEIN: Yes.

CHAIRPERSON BRODSKY: And we have the

designated representatives of the group of five

or more; is that correct?

MR. HIBEY: Yes.

CHAIRPERSON BRODSKY: Of which you two

are both a party; right?

MR. HIBEY: I’m the party representing

them.

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 CHAIRPERSON BRODSKY: You’re the party

representing them and you’re the group of five.

MR. HIBEY: Three or more.

CHAIRPERSON BRODSKY: So, yes it is a

protest status hearing. Is there any dates for

the board?

MR. KLEIN: No, there are none.

CHAIRPERSON BRODSKY: Well, we have

this protest status, we have the protest

hearing scheduled for November 3rd, 2010 at 1:00

p.m. Now that we’ve scheduled it for a protest

hearing there’s a few things I need to instruct

everybody, so that the protest hearing is

focused and addresses only those issues that

are being protested. We do not intend to hear

testimony on matters that are not relevant to

the case and you will or should have received

in the mail from Cynthia Simms a copy of our

protest information form and the rules of the

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road. If you don’t have those documents,

locate them before you go, come talk to us and

it’s imperative that you review the rules very

closely and adhere to them before and during

the protest hearing. You are required to

complete and submit the protest information

form seven days before the date of the hearing,

and that document needs to be submitted to ABRA

and to opposing parties in the matter. So

please make sure that you share those, and if

we don’t receive a copy of this form your

application or your protest may be subject to

dismissal. This is really not a frivolous

exercise on your part. You will have one hour

to present your cases to the board and this

form greatly assists us in narrowing the issues

and facilitating the process. If you have any

questions please give us a call. Thank you

very much for being here, have a great day.

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 MR. KLEIN: Mr. Chair, just one issue,

just so we’re clear, the hearing is set up for

1:00 p.m.; is that correct?

CHAIRPERSON BRODSKY: Affirmative.

MR. KLEIN: Thank you.

CHAIRPERSON BRODSKY: You’re welcome.

Next case, please.

MR. HIBEY: Mr. Chair?

CHAIRPERSON BRODSKY: Yes, sir?

MR. HIBEY: I have a question. I have

received a copy of the file from someone in the

records department and there’s no application

for substantial change in the file.

CHAIRPERSON BRODSKY: Can you work

that out with either Cynthia or Martha, if

they’re there on your way out?

MR. HIBEY: Sure.

CHAIRPERSON BRODSKY: We’ll make sure

we’ll get that straightened out for you. Thank

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you so much.

(Whereupon, at 9:50 a.m., the above-

entitled hearing was concluded.)

CERTIFICATE OF NOTARY

I, DIANE HUMKE, the officer before

whom the foregoing testimony was taken, do
hereby certify that the testimony of said
parties was taken by me by stenomask means and
thereafter reduced to typewriting by me or
under my direction; that said testimony is a
true record of the testimony given by said
parties; that I am neither counsel for, related
to, nor employed by any of the parties to the
action in which this testimony is taken; and,
further, that I am not a relative or employee
of any attorney or counsel employed by the
parties hereto, nor financially or otherwise
interested in the outcome of the action.

This certification is expressly

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withdrawn and denied upon the disassembly or
photocopying of the foregoing transcript of the
proceedings or any part thereof, including
exhibits, unless said disassembly or
photocopying is done by the undersigned court
reporter and/or under the auspices of Hunt
Reporting Company, and the signature and
original seal is attached thereto.

___________________________
DIANE HUMKE
Notary Public in and for
the State of Maryland

My Commission Expires:

________________________