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Government of the District of Columbia

ADVISORY NEIGHBORHOOD COMMISSION SC
PO Box 77761. Washington, DC 20013 . www.ancSc.org

RESOLUTION

Whereas, it is the responsibility of residents elected to and that serve in the position of Advisory
Neighborhood Commission in the District of Columbia to uphold the laws of the District of
Columbia, and that the Commissioners have the authority to exercise great weight on the
decisions of governmental agencies specifically with regards to zoning and alcohol and beverage
laws and regulations, and therefore the Advisory Neighborhood Commission 5C shall inform
regarding the current application for a liquor license by the Big Bear Cafe which is located
within the boundaries of 5C;

Whereas, the Big Bear Cafe, located at 1700 1st Street NW has been in operation illegally since
2007 (according to DC law) in a residential zoned property came before ANC 5C in March 2007
to request and received support for a required DC Office of Zoning amendment to change the
residential zoning (R4) to commercial (C) zoning in accordance with the requirements of change
of use from the original property that operated as a market;

Whereas, the Big Bear Cafe has continued operation without proper zoning, however have
recently applied for the required zoning change for said property as required by DC law and in
accordance to regulations of the DC Alcohol and Beverage Administration to enable approval of
a recent application to serve alcoholic beverages at the establishment;

Whereas, the Big Bear Cafe establishment has extended to include an outside cafe or garden
area that fronts the 100 block ofR Street, NW and 1700 block of First Street, NW without the
required DDOT public space permits;

Whereas, the BBC has been pursing an ABC license since January, 2010, when they notified
ANC 5C, and has only within the past two (2) weeks reached out to the immediately impacted
residents when the BBC was informed of the protest in opposition;

Whereas, "the Big Bear Cafe has held events at their location which included alcoholic beverage
service without a full or temporary ABC issued liquor license during wine tasting, art shows,
musical gatherings;

Whereas, the Big Bear Cafe has failed to notify neighbors within 600 feet of the establishment
about musical shows, band appearances, etc. that generate excessive noise inside and on
the"sidewalk cafe" area of the establishment causing continuous complaints from the immediate
neighbors;

Whereas, the Big Bear Cafe has notresolved differences with its immediate neighbors including
concerns raised about noise, parking and trash or made an agreement to remedy the
circumstances';

Therefore be it resolved that ANC 5C shall inform the Alcohol and Beverage Administration
that it cannot support the Big Bear Cafe application for a CR liquor license at this time.

This resolution was presented and approved at a properly noticed meeting of the 5C

Commission on the date of at which a

majority of the twelve (12) members voted.

Attested by:

ANC5C Chairman Date

ANC5C Recording Secretary Date

 Government of the District of Columbia
ADVISORY NEIGHB ORH O OD C OMMISSION 5 C
PO Box 77761
Washington, DC 20013
www.anc5c.org
RESOLUTION OF OPPOSITION (ANC 5C03 Residents)
DATE: July 7, 2010
__________________________________________________________________________________________
In regards to the ABC License Application of the Big Bear Café (BBC), which is owned by Stu Davenport,
who is also the ANC Commissioner, SMD 5C03, where the BBC is located, thereby creating a Conflict of
Interest to properly and fairly represent the interests of all residents of SMD 5C03, with the licensing
hearing to be held on Monday, July 26, 2010 before the DC Alcoholic Beverage Board, this resolution is
being submitted by over twenty-seven (27) residents of the unit and 100 block of R Street NW and 1600 -
1700 blocks of First Street NW, located within 600 feet of the establishment. Since the BBC opened, and
more so in recent years, including prior to applying for an ABC license on or about April 22, 2010, and
during the ABC process, the BBC’s operations has continually adversely impacted the peace, quiet and order
of the community despite concerns raised by these residents, and allegedly has not been in compliance with
DC Laws.
According to ABC laws and regulations, as the immediately impacted residents, who have officially protested
the issuance of this ABC license due to allegations of the BBC’s violations of DC Regulations and ABC laws,
submit this Resolution of Opposition with conciliatory clauses, and Petition of Opposition, to the other
members of Advisory Neighborhood Commission 5C (ANC 5C), who have the responsibility to represent and
support this opposition position on our behalf. These residents will present supporting testimony and
evidence at the scheduled hearing, against this requested ABC Class CR license for the following reasons:
Whereas, the Big Bear Café, located at 1700 1st Street NW; has been in operations since 2007, came before ANC
5C in early 2007 to request and received support for the required DC Office of Zoning mapping amendment for the
legally required “change of use” from a market (previous owner), to a café (Stu Davenport), and failed to apply
until recently, May 27, 2010, therefore, has been operating illegally according to DC & ABRA Laws;

Whereas, the BBC has been pursing an ABC license since January, 2010, when they notified ANC 5C, and has
only within the past two (2) weeks reached out to the immediately impacted residents when the BBC was informed
of the protest in opposition;

Whereas, the Big Bear Café has held events at their location which included alcoholic beverages on, around and
outside of the legal boundaries of the premises, and did not have a full or temporary ABC issued liquor license,
such as the Wine Tasting and Art show on Friday, April 2, 2010. Also for several years, the Big Bear Café held
loud musical events many of which are posted on the Internet such, as the events held on January 15, 2010 and
March 8, 2010, without notification to the immediately impacted residents, and without the necessary permits;

Whereas, the Big Bear Café has been using the area on its 100 block R Street and 1700 Block 1st NW sides of the
building as a sidewalk café without the required DDOT public space permits;

Whereas, the Bloomingdale Sunday Farmer’s Market, though they obtained DDOT permission to restricted
residential parking and street closure of the 100 block R St NW, and did not take into consideration the
immediately impacted residents concerns about their lack of parking, and the BBC did not pursue alternative
available temporary street parking on Florida Ave for the vendors trucks and visitor/patron parking, has attributed
to the residents being involuntarily inconvenienced for Mr. Davenport’s personal and financial interests;

Whereas, the alley by the Big Bear Café is dirty and has trash that overflows due to using the DPW residential
weekly trash pickup system, as opposed to having a private contractor as required by law, and the residents are
concerned about health hazards posed by this establishment due to the current litter;
Whereas, the Big Bear Café has not been a good corporate community citizen, and has violated various levels of
DC laws;

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Therefore, be it resolved that,

Based on the alleged violations and issues submitted, in the event the ABC Board in its official authority, decides to
issue the license, the immediately impacted residents request that the ABC Board require the following of the
BBC, in any final Voluntary Agreement the ABC Board may develop to protect the interests of the immediately,
adversely impacted residents:

1) Hours of Operation: Sunday through Thursday 6am - 10pm, Friday through Saturday 6am – 11pm;

2) Any outdoor/sidewalk cafe events has to end by 9pm on weekdays, 10pm Friday through Saturday, 8pm on
Sundays;

3) Patrons should not be outside of the designated DDOT permitted sidewalk cafe area with any alcoholic
beverages, with clearly posted signs advising of restricted area;

4) That there should be an ABRA approved licensed Manager on site at all times during the sale of alcoholic
beverages, Manager (s) should be identifiable and that alcoholic beverage sales stop and notice posted
when a Manager is not on site;

5) Since there has been and continues to be a noise issue that disturbs the peace, quiet, and order of the
immediately impacted residents, especially during evening/night hours when BBC holds events, that
soundproofing be implemented and in place before any future event that is held at the BBC;

6) There is a minimum of a 7 day advance written notice given to all the immediately impacted residents for any
BBC event (indoor and/or outside), which details, a) the name of the event, b) sponsors of the event, c) if
patrons will be paying a fee for attending the event, and, 3) the specific time frame of the event;

7) The BBC has been using DPW waste management's weekly services for trash removal. The BBC should be
required to obtain private contracted services as required by DC Law, for 2-3 times a week trash removal and
that the BBC follow the DOH regulations regarding maintaining sanitary and vermin controls between
trash pickups, and provide the ABC Board with copy of such contract before an ABC license is issued;

8) To immediately remedy the parking issues of the immediately impacted residents during the operations of the
Sunday Farmer's Market which is operated by the BBC, that the BBC take advantage of the use of the
available US Park Service controlled Pocket Park by contacting the US Park Service for permit(s) to reduce or
eliminate the adversity for a fair resolution of the problem, and, that the BBC arrange through DDOT:
a) The Immediate posting of temporary parking signs on Florida Ave for the trucks/vehicles of vendors of
the Farmers Market during its hours of operations, with vendors instructed to comply, thereby restoring our
privileges to park as homeowners’ and tenants;
b) In conjunction with the opposition group, work with DDOT to obtain RPP, restricted only to residents
at addresses in the unit & 100 blocks of R St NW and 1600-1700 blocks of First Street NW blocks;
c) The BBC has the responsibility for this request (#8), of providing weekly written status reports to the
immediately, adversely impacted residents and its identified leaders until its completion, with resolution
anticipated within 2 months.

Now, Therefore, be it further resolved,

The adversely impacted residents, being aware and understand that ANC 5C:

1) Has been placed in a difficult position with a fellow commissioner being the applicant for an ABC license,
which presented a Conflict of Interest according to DC Campaign Finance laws;
2) Needed to perform its duties in this matter according to the laws and oath they took to uphold;

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 (Continue-ANC 5C Resolution of Opposition to the ABC License: The Big Bear Café)

3) To avoid any appearance of favoritism, cronyism, in the performance of their duties, by performing
research, contacting the appropriate agencies including ABRA, for confirmation of the BBC’s required
permits, etc., and from information provided by the BBC, to confirm their fact-finding, to make an informed
and educated decision on the matter, and,
4) ANC 5C has also publicly offered their guidance and support to all the residents of SMD 5C03 in creating
and/or reviewing a voluntary agreement, and in any matter of opposition as they should do,

That we, the residents of opposition listed in the preamble, are requesting that based on the alleged violations
of law by the Big Bear Café noted in this Resolution, that ANC 5C, on behalf of the immediately impacted
residents, vote to support this Resolution in Opposition with its conciliatory clauses, which can be used for a
voluntary agreement and attached petitions, to give it “great weight” in the ABC Board’s deliberations and
final determination in the issuance of an ABC license to the Big Bear Café.
_______________________________________________________________________

ANC 5C, on Tuesday, July 20, 2010, at its properly noticed meeting acted by a __________ vote to oppose the
issuance of an ABC License to the Big Bear Café based on issues raised and its conciliatory clauses, which is
scheduled for an ABC Hearing on Monday, July 26, 2010, and further that ANC 5C authorizes ANC 5C____
Commissioner ______________ to represent the immediately affected residents of ANC 5C03, and provide
testimony on the matter on their behalf and ANC 5C before the Alcoholic Beverage Control Board on that date.

Advisory Neighborhood Commission 5C is composed of twelve Commissioners, therefore seven Commissioners

constitute a quorum that was present and voted. In accordance with ABC regulations, the commission voted by
Roll Call, with ___ Commissioners present and voting at the official called July 20, 2010 meeting as follows:

Anita Bonds, Yes No Abstain Marshall Phillips, 5C08 Yes No Abstain

5C01 ____ _____ ____ ____ ____ ____
Sylvia Pinkney, Yes No Abstain Silas Grant, 5C09 Yes No Abstain
5C02 ____ _____ ____ ____ ____ ____
John Salatti, 5C04 Yes No Abstain Timothy Day, 5C10 Yes No Abstain
____ _____ ____ ____ ____ ____
Denise Wright, Yes No Abstain Ronnie Edwards, 5C11 Yes No Abstain
5C05 ____ _____ ____ ____ _____ ____
Mary Farmer- Yes No Abstain Albrette “Gigi” Ransom, Yes No Abstain
Allen, 5C06 ____ _____ ____ 5C12 ____ _____ ____
Barrie Daneker, Yes No Abstain
5C07 ____ _____ ____

NOTE: Since Stu Davenport, owner, Big Bear Café, is also the Commissioner for the affected SMD 5C03,
according to DC Office of Campaign Finance Conflict of Interests Laws; Comm. Davenport is not allowed to
vote and this matter, and has recused himself.

Adopted: July 20, 2010

We therefore certify this resolution to be true and correct.

________________________________ ________________________________
Anita Bonds, Chairman Silas Grant, Recording Secretary

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