DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD MEETING
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1 DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD MEETING Page 1 þ » IN THE MATTER OF: : : Mahogany, LLC : t/a The Tap & Parlour/ : Bohemian Caverns : Show Cause th Street, NW : Hearing Retailer CT : (Status) License No : Case No : ANC 1B : Operating After Board Approved: Hours : þ ¼ MARCH 27, 2013 The Alcoholic Beverage Control Board met in the Alcoholic Beverage Control Hearing Room, Reeves Building, th Street, N.W., Washington, D.C., Ruthanne Miller, Chairperson, presiding. PRESENT RUTHANNE MILLER, Chairperson NICK ALBERTI, Member DONALD BROOKS, Member MIKE SILVERSTEIN, Member ALSO PRESENT CHRISTINE GEPHARDT, OAG
2 1 P-R-O-C-E-E-D-I-N-G-S Page 2 2 9:43 a.m. 3 CHAIRPERSON MILLER: Next case is 4 Case No , Bohemian Caverns 5 located at th Street, N.W., License No in ANC 1B. 7 MS. GEPHARDT: Chrissy Gephardt on 8 behalf of the District of Columbia. 9 MR. KLINE: Good morning. Andrew 10 Kline on behalf of the Licensee. 11 MR. BROWN: Omrao Brown on behalf 12 of Mahogany, LLC. 13 CHAIRPERSON MILLER: Good morning. 14 As this is a show cause status hearing, I just 15 want to confirm, Mr. Brown, that you received 16 notice of this hearing and you read it and 17 understood it. 18 MR. BROWN: Yes. 19 CHAIRPERSON MILLER: Okay. Then 20 we're going to enter that notice into the 21 record unless there's any objection. 22 (No audible response.)
3 1 CHAIRPERSON MILLER: Okay. Are Page 3 2 there any preliminary matters in this case? 3 MS. GEPHARDT: Yes, there is a 4 preliminary matter. The parties have reached 5 an Offer in Compromise that we'd like to 6 present to the Board. In this case the 7 Licensee will plead to charges 2 and 3 and we 8 will drop count 1. Per charges 2 and 3, there 9 will be a $1,500 fine for each for a total of 10 $3,000 to be payable today. 11 MR. KLINE: Within 30 days. 12 MS. GEPHARDT: I'm sorry, within days. 14 CHAIRPERSON MILLER: Okay. I just 15 want to confirm with the Licensee that you 16 agree to the Offer in Compromise as presented 17 by the Government that charge 1 is dropped, 18 that you plead -- and you pay a penalty of 19 1,500 for charge 2 and a penalty of 1,500 of 20 charge 3, totaling $3,000 within 30 days. 21 MR. KLINE: Yes, that's correct. 22 CHAIRPERSON MILLER: Okay. Any
4 1 questions by Board Members? Page 4 2 (No audible response.) 3 CHAIRPERSON MILLER: All right. 4 Then your client understand that he waives his 5 right to a hearing by entering an Offer in 6 Compromise? 7 MR. KLINE: Yes. Assuming it's 8 accepted by the Board, yes. 9 CHAIRPERSON MILLER: Okay. Thank 10 you. All right. Then I would move that we 11 accept and approve this Offer in Compromise, 12 dropping charge 1 and a penalty of $1,500 for 13 charge 2, and a penalty of $1,500 for charge 14 3, totaling $3,000 to be paid within 30 days. 15 Do I have a second? 16 MEMBER ALBERTI: Second. 17 CHAIRPERSON MILLER: Mr. Alberti 18 has seconded the motion. Any other comments 19 or questions? 20 (No audible response.) 21 CHAIRPERSON MILLER: All those in 22 favor, say aye?
5 1 (Chorus of ayes.) Page 5 2 CHAIRPERSON MILLER: All those 3 opposed? 4 (No audible response.) 5 CHAIRPERSON MILLER: All those 6 abstaining? 7 (No audible response.) 8 CHAIRPERSON MILLER: Then the 9 motion passes by a vote of MR. KLINE: Thank you. 11 CHAIRPERSON MILLER: Okay. Thank 12 you. 13 (Whereupon, the hearing was 14 concluded at 9:46 a.m.)
6 Page 6 A abstaining 5:6 accept 4:11 accepted 4:8 agree 3:16 Alberti 1:19 4:16 4:17 Alcoholic 1:2,14,15 ANC 1:10 2:6 Andrew 2:9 approve 4:11 Approved 1:11 Assuming 4:7 audible 2:22 4:2,20 5:4,7 aye 4:22 ayes 5:1 a.m 2:2 5:14 B behalf 2:8,10,11 Beverage 1:2,14,15 Board 1:2,11,15 3:6 4:1,8 Bohemian 1:8 2:4 BROOKS 1:19 Brown 2:11,11,15 2:18 Building 1:15 C case 1:10 2:3,4 3:2 3:6 cause 1:8 2:14 Caverns 1:8 2:4 Chairperson 1:17 1:18 2:3,13,19 3:1 3:14,22 4:3,9,17 4:21 5:2,5,8,11 charge 3:17,19,20 4:12,13,13 charges 3:7,8 Chorus 5:1 Chrissy 2:7 CHRISTINE 1:22 client 4:4 Columbia 1:1 2:8 comments 4:18 Compromise 3:5 3:16 4:6,11 concluded 5:14 confirm 2:15 3:15 Control 1:2,14,15 correct 3:21 count 3:8 CT 1:9 D days 3:11,13,20 4:14 District 1:1 2:8 DONALD 1:19 drop 3:8 dropped 3:17 dropping 4:12 D.C 1:16 E enter 2:20 entering 4:5 F favor 4:22 fine 3:9 G Gephardt 1:22 2:7 2:7 3:3,12 going 2:20 Good 2:9,13 Government 3:17 H hearing 1:8,15 2:14 2:16 4:5 5:13 Hours 1:12 K Kline 2:9,10 3:11 3:21 4:7 5:10 L License 1:9 2:5 Licensee 2:10 3:7 3:15 LLC 1:6 2:12 located 2:5 M Mahogany 1:6 2:12 MARCH 1:13 matter 1:5 3:4 matters 3:2 MEETING 1:3 Member 1:19,19 1:20 4:16 Members 4:1 met 1:15 MIKE 1:20 Miller 1:17,18 2:3 2:13,19 3:1,14,22 4:3,9,17,21 5:2,5 5:8,11 morning 2:9,13 motion 4:18 5:9 move 4:10 N NICK 1:19 notice 2:16,20 NW 1:8 N.W 1:16 2:5 O OAG 1:22 objection 2:21 Offer 3:5,16 4:5,11 Okay 2:19 3:1,14 3:22 4:9 5:11 Omrao 2:11 Operating 1:11 opposed 5:3 P paid 4:14 Parlour 1:7 parties 3:4 passes 5:9 pay 3:18 payable 3:10 penalty 3:18,19 4:12,13 plead 3:7,18 preliminary 3:2,4 present 1:18,21 3:6 presented 3:16 presiding 1:17 P-R-O-C-E-E-D-... 2:1 Q questions 4:1,19 R reached 3:4 read 2:16 received 2:15 record 2:21 Reeves 1:15 response 2:22 4:2 4:20 5:4,7 Retailer 1:9 right 4:3,5,10 Room 1:15 Ruthanne 1:16,18 S second 4:15,16 seconded 4:18 show 1:8 2:14 SILVERSTEIN 1:20 sorry 3:12 status 1:9 2:14 Street 1:8,16 2:5 T Tap 1:7 Thank 4:9 5:10,11 today 3:10 total 3:9 totaling 3:20 4:14 t/a 1:7 U understand 4:4 understood 2:17 vote 5:9 V W waives 4:4 want 2:15 3:15 Washington 1:16 we're 2:20 þ 1:5,12 Þ $ $1,500 3:9 4:12,13 $3,000 3:10,20 4: :8,17 4:12 1B 1:10 2:6 1,500 3:19,19 11th 1:8 2: :10 2:4 14th 1: :7,8,19 4: : :8 2: : : :7,8,20 4: :11,13,20 4: : :9 2:6 9 9:43 2:2 9:46 5:14
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