Mount Pleasant Businesses’ Voluntary Agreements with the MPNA A Comparison of Clauses

Note: These tables compare key clauses in the Voluntary Agreements (VAs) that seven Mount Pleasant businesses signed with the Mount Pleasant Neighborhood Alliance (MPNA). The names of the businesses and the signing dates of the VA’s compared are listed below:

Don Jaime’s Restaurant: July 18, 2000
Haydee’s Restaurant: May 14, 1997
Don Juan’s Restaurant: February 27, 2001
Marleny’s Restaurant: October 23, 2007
Marx Cafe: March 2, 2007
Tonic and Radius: June 19th, 2007 (addendum signed on this date. Original VA with BRBB Associates, signed April 18, 2001)
Corado’s Restaurant: October 13, 1999

Document compiled by: Amber Gallup (202) 234-4565 and Eugene Stevanus (202) 986-7167

VA Clauses	Don Jaime’s	Haydee’s
Live Performances	No live music.	No live music.
Dancing	No dancing.	No dancing.
Charges for admission	No charge for admission	No cover charges or charges for admission.
Alcohol Sales Hours	2AM Sunday — Thursday 2:30 AM Saturday and Sunday Last call 15 minutes prior to end of alcohol sales hours. Keep kitchen open no less than one hour before closing. No selling alcohol outside of the hours established by the VA.	Not served after ABC regulated hours. Stop at 1:30 Sunday — Thursday and 2:30 AM on Friday and Saturday.
Alcohol Promotions	No pitchers, free drinks, two for one sales. May discount alcoholic drinks for two hours per day.	No discounted drinks. No 2 for 1 promotions. No pitchers.
Signage and Advertising	No alcoholic beverage signage or obscure the windows or hang any banner outside the establishment. Bilingual signs about alcohol awareness, parking directions, and respecting the community.	No signage that takes up more than 20% of total window area. Bilingual signs about alcohol awareness, parking directions, and respecting the community.
Denial of Service	Will not sell to intoxicated persons or people of intemperate habits. Not sell to people under the age of 21. Can’t sell to people who try to circumvent denials of service to others.	Will not sell to intoxicated persons or people of intemperate habits. Not sell to people under the age of 21. Can’t sell to people who try to circumvent denials of service to others.
Alcohol and Food Consumption	N/A	N/A
Go-Cup	No go cups	No go cups
Alcohol Beverage Server Training	Yes, servers must be trained.	Yes, servers must be trained.
ABC Approved Manager	Yes, and has to wear I.D. announcing that the individual is ABC approved manager	N/A
Alcohol Alleviation Program Participation	Will participate with community organizations in these programs.	Take leadership role in these types of programs.
Trash	Trash collected daily. Trash storage containers have lids, kept closed at all times. Containers are appropriately sized to contain the trash generated. Trash, garbage, and recyclable materials removed at least daily. Can only happen between 9 AM and 9 PM	Keep public space free of debris and trash, including alley and parking lots and other property adjacent used by the business. Use reasonable measures to do this. Other than that, there are no restrictions.
Recycling	Must recycle glass and metals.	N/A
Ownership	Must be true and actual owner. Cannot enter into a partnership, association, or corporation not identified in this application.	N/A
Sale of Business	Must give three days notice to MPNA of any intention to sell the business. Provide notice of receipt of unsolicited offer to buy the business.	If owner decides to sell, must make best effort to sell to entity that will not serve alcohol. Provide community of at least 90 days notice of any intention to place the business on the market. Agrees to work with the community in reviewing offers and soliciting offers. Provide community with advance notice of intention to accept unsolicited offer.
Cleanliness	Help keep Mt. Pleasant St. clean on a daily basis. Steam wash the front of the business at least once every two months.	Help keep Mt. Pleasant Street clean on a daily basis. Public space in front of restaurant clear of debris and trash.
Loitering	Make best effort to prohibit loitering during operating hours.	Loitering prohibited in front of the establishment.
Noise Control	Not explicitly addressed. Licensee will comply with all laws and regulations governing the operation of the establishment, including laws and regulations governing the Class CR (restaurant) license.	Not explicitly addressed. Licensee will comply with all laws and regulations governing the operation of the establishment, including laws and regulations governing the Class CR (restaurant) license.
Cooperation with MPNA	Cooperate with MPNA to make Mt. Pleasant Street a safer environment. Must cooperate with ANC “1E” and/or MPNA	Cooperate with MPNA on alcohol abuse issues. Must cooperate with ANC “1E” and/or MPNA. Must make best efforts to provide off-street parking for clients
Reporting to MPNA	Must report to MPNA annually on the anniversary of this VA as to its compliance.	N/A
MPNA’s Responsibilities	N/A	N/A
Additional Notes / Other	N/A	N/A

VA Clauses	Don Juan’s	Marleny’s
Live Performances	No live music.	No live entertainment. Background recorded music only.
Dancing	No dancing.	No dancing.
Charges for admission	No charges for admission to establishment	No cover charge
Alcohol Sales Hours	ABC regulated hours. Same restrictions about age and circumvention that are found in the Haydee’s and Don Jaime’s VA’s. Will stop serving alcohol at 1:30 Sunday through Thursday and 2:30 AM on Friday and Saturday. Keep kitchen open till 1 AM all days of the week.	Sunday, 10 AM to midnight, Monday – Saturday 10 AM — midnight. Don’t sell after 11:30 PM, and last call is 30 minutes prior to closing. Kitchen will be open until 30 minutes prior to closing.
Alcohol Promotions	No pitchers to individual customers. No discounted price drinks, ever. No 2 for 1 promotions.	No pitchers. No free drinks. No 2 for 1 promotions.
Signage and Advertising	No alcohol beverage signage in any window and can’t obscure the windows. Can’t hang any banner outside the establishment that is not authorized by permit. Bilingual signs about alcohol awareness, directions for parking, and respecting the community	Advertising: If it’s going to distribute info to residents, must use postal service or putting flyer directly in mailboxes or slots. Do not put on railings or cars. No bundles to apartments or dormitories. No alcohol signage in the windows and nothing that will keep people from being able to see in from the street.
Denial of Service	Will work with MPD and social service agencies to identify intemperate persons, and not sell to those people. Can’t sell to people under 21, nor to those who have tried to circumvent denial of service.	Will work with MPD and social service agencies to identify intemperate persons, and not sell to those people. Can’t sell to people under 21, nor to those who have tried to circumvent denial of service.
Alcohol and Food Consumption	Patrons who are not consuming food sit in bar, unless one member of a group at a table has ordered or consumed food.	N/A
Go-Cup	No go cups	No go cups
Alcohol Beverage Server Training	Must participate	Must get training
ABC Approved Manager	N/A	Display I.D. as an ABC-approved manager. Refresher courses annually for all staff. Any new employee will receive training within 60 days.
Alcohol Alleviation Program Participation	Participate in meetings of organizations that seek to alleviate alcohol abuse problems and cooperate with MPNA on this issue. Work with the Mt. Pleasant business community for responsible alcohol service and in support of alcohol abuse prevention organizations.	Participate in meetings of organizations that seek to alleviate alcohol abuse problems and cooperate with MPNA on this issue. Work with the Mt. Pleasant business community for responsible alcohol service and in support of alcohol abuse prevention organizations.
Trash	Keep trash area clean, use best efforts to control the noise of trash dumping and pick up. Keep trash, garbage, and recycling in containers with secure lids and must be big and numerous enough to contain the trash. Agrees to remove recycling materials from the inside to the outside only between 8 AM and 10 PM. Trash and recycling collected three times a week and only between 8 am and 8 pm.	Keep trash, garbage, and recycling in containers with secure lids, in containers sufficient to hold the trash. Trash collected three times a week between 9 am and 9 pm.
Recycling	N/A (doesn’t specifically say that he should recycle.)	Will recycle glass and metals, between 9 am and 9 PM
Ownership	N/A	Owner must be true and actual owner
Sale of Business	Has to notify MPNA 3 days prior to application to transfer the license.	3 week notice to MPNA of application to transfer license.
Cleanliness	Will participate with community to keep Mt. Pleasant Street clean on a daily basis. At the opening of reach business day, clean and maintain in clean condition the public space from the property line of the building lot or land extending 18 inches from the curb line into the abutting roadway. Licensee further agree to power wash the sidewalk at least once a month.	Will support efforts to hire trash services to keep Mt. Pleasant Street clean. Participate with organizations to keep the whole street clean, as needed. Keep public space clean, wash the area extending from store front to curb every night. Washing will not be required if there is threat of ice.
Loitering	Use reasonable means to discourage loitering in front of the establishment.	Will discourage loitering and will call the police when it is occurring and put out a no-loitering sign.
Noise Control	N/A	Comply with all applicable noise provisions of DC law and regulations.
Cooperation with MPNA	Will meet quarterly with MPNA if requested. Cooperate with ANC 1E and MPNA to address any alleged violations of license. VA acknowledges efforts made to alleviate MPNA’s concerns on a variety of issues.	Will cooperate with MPNA about any alleged violation referred to in this agreement and will cooperate with the agency that investigates. Cooperate with MPNA to make Mt. Pleasant a more pleasant and safe area.
Reporting to MPNA	N/A	If requested, licensee with meet with MPNA to discuss what’s in this agreement and to discuss issues and solutions to problems concerning operation of establishment in the neighborhood.
MPNA’s Responsibilities	N/A	MPNA will meet to discuss things of mutual concern. MPNA will enforce VA’s with other same class establishments and protest their licenses if they do not comply with their VA’s
Additional Notes / Other	The first page acknowledges action that Don Juan Restaurant has taken to alleviate MPNA’s concerns.	Serve Salvadoran, Mexican, and American food with background recorded music only.

VA Clauses	Marx	Tonic and Radius
Live Performances	Live entertainment limited to Sundays for brunch between noon and 3. Music only, no more than 3 musicians, and shall be performed at a volume that allows patrons to talk at conversational level. In addition, applicant may offer live entertainment 12 times per year between 9 pm and 11 pm. Shall be primarily in the form of music and same volume level as above. No more than 4 musicians at this time. Prior to each of these 12 special occasions, licensee will inform MPNA in writing, cc-ing director of ABRA at least 7 days prior to the special occasion. Applicant agrees to not apply for a special music endorsement. Will keep a log of all live music events on the premises and make it available to police, MPNA board members, and ABRA. No other kind of live entertainment is permitted.	Live entertainment limited to Sundays for brunch between noon and 3. Music only, no more than 3 musicians, and shall be performed at a volume that allows patrons to talk at conversational level. In addition, applicant may offer live entertainment 12 times per year between 9 pm and 11 pm. Shall be primarily in the form of music and same volume level as above. No more than 4 musicians at this time. Prior to each of these 12 special occasions, licensee will inform MPNA in writing, cc-ing director of ABRA at least 7 days prior to the special occasion. Applicant agrees to not apply for a special music endorsement. Will keep a log of all live music events on the premises and make it available to police, MPNA board members, and ABRA. No other kind of live entertainment is permitted. Licensee can’t apply for relief until 2013
Dancing	No atmosphere for dancing or a dance floor. No moving of tables and chairs for the purposes of dancing. [Dancing itself is not explicitly banned.]	No atmosphere for dancing or a dance floor. No moving of tables and chairs for the purposes of dancing. [Dancing itself is not explicitly banned.]
Charges for admission	No cover charge	No cover charge
Alcohol Sales Hours	No alcohol after 2 AM Sunday — Thursday, and 2:30 AM Saturday and Sunday. Last call 30 minutes prior. Keep kitchen open till 1 am to serve food.	No sales of alcohol after 2 AM Monday — Friday, which will be the closing times for business days Sunday through Thursday, and 3 am Saturday and Sunday, which will be closing times for business days Friday and Saturday. Last call 30 minutes prior to those hours, kitchen will be open to serve food until 1 am every day.
Alcohol Promotions	No free beverages, no 2 for 1 promotions, and no pitchers.	No pitchers, for 2 for 1, and no free drinks. Same menu available for same hours on first and second floor.
Signage and Advertising	None for alcohol in any window. No permanent obstruction of the windows, no hanging banners outside without a permit. No flyers on cars, railings, dorms, or apt. buildings. Licensee’s advertising will portray as a restaurant and not a bar or night club particularly as it relates to live music. Will post signs in English and Spanish asking patrons to maintain quiet when leaving the premises.	In all advertising, the name of restaurant must be in 14 point type. Same as Marx and Marleny’s as far as distributing advertising so that it doesn’t become litter. Market primarily to residents in neighborhood and surrounding areas. Use best efforts to provide valet parking for its customers. No alcohol signage, nothing that will obscure the windows. Post a bilingual sign encouraging quiet when leaving the premises. No signage to keep people from looking in, no alcohol signage
Denial of Service	Will work with MPD and social service agencies to identify intemperate persons, and not sell to those people. Can’t sell to minors or those who have tried to circumvent denial of service.	Will work with MPD and social service agencies to identify intemperate persons, and not sell to those people. Can’t sell to minors or those who have tried to circumvent denial of service.
Alcohol and Food Consumption	Patrons who are not consuming food must sit at bar, unless one member of a group at a table has ordered or consumed food.	Patrons who are not consuming food must sit at bar, unless one member of a group at a table has ordered or consumed food.
Go-Cup	Go cups are not expressly forbidden, however alcohol will be served in glass, china, non-flexible plastic re-usable glasses, cups, or mugs. Will not use Styrofoam or single use plastic cups.	No go cups
Alcohol Beverage Server Training	Must get training	Must get training
ABC Approved Manager	Must display ID as alcohol-approved manager.	Display I.D. as alcohol-approved manager. Refresher courses annually for staff. Any new employee will receive training within 60 days.
Alcohol Alleviation Program Participation	Participate in meetings of organizations that seek to alleviate alcohol abuse problems and cooperate with MPNA on this issue. Work with the Mt. Pleasant business community for responsible alcohol service and in support of alcohol abuse prevention organizations.	Participate in meetings of organizations that seek to alleviate alcohol abuse problems and cooperate with MPNA on this issue. Work with the Mt. Pleasant business community for responsible alcohol service and in support of alcohol abuse prevention organizations.
Trash	3 times a week between 9 and 9. Keep trash, garbage, and recycling in containers with secure lids and must be big and numerous enough to contain the trash.	3 times a week between 9 and 9. Keep trash, garbage, and recycling in containers with secure lids and must be big and numerous enough to contain the trash.
Recycling	Must recycle glass and metals, and take them to appropriate storage containers only between 9 AM and 9PM	must recycle glass and metals, and take them to appropriate storage containers only between 9 AM and 9PM
Ownership	The licensee is the true and actual owner, not an agent of a landlord.	The licensee is the true and actual owner, not an agent of a landlord.
Sale of Business	3 days notice to MPNA of license transfer.	3 days notice to MPNA of license transfer.
Cleanliness	Will support efforts to hire trash services to keep Mt. Pleasant Street clean. Participate with organizations to keep the whole street clean, as needed. Keep the public space in front of the establishment free of trash, wash each day outside the front. Clean the alley in the rear prior to opening. Wash the front every two months.	Financial support for efforts to hire trash, if all other class C licensees on Mt. Pleasant street agree. Wash the front at close of every day, sweep and remove litter, except in icy weather, power wash once a month. Hire private security patrols if necessary to promote order if all other class B and class C so agree. Business improvement district for cleanliness should be encouraged
Loitering	Will prohibit loitering in front of the establishment and will enforce this policy	Discourage loitering and will call the police if it occurs. If police can’t enforce, licensee will post a sign
Noise Control	No use of sound amplification equipment that allows sound to be heard outside the building. Comply with all applicable noise regulations in DC law, etc. Also, see “Live Performances” category above.	No use of sound amplification equipment that allows sound to be heard outside the building. Comply with all applicable noise regulations in DC law, etc. Also, see “Live Performances” category above.
Cooperation with MPNA	work with MPNA to address any alleged violations of the agreement. Meet quarterly to discuss, if requested. Cooperate to make a pleasant area	Work with MPNA to address any alleged violations of the agreement. Meet quarterly to discuss, if requested. Cooperate to make a pleasant area
Reporting to MPNA	Any changes to agreement should be in writing.	N/A
MPNA’s Responsibilities	N/A	MPNA will meet to discuss things of mutual concern. MPNA will enforce VA’s with other same class establishments and protest their licenses.
Additional Notes / Other	N/A	direct clients primarily to restaurant above rather than bar below, using signage and menu placement; must be “white tablecloth and candles” environment and there’s a sidewalk café clause.

VA Clauses	Corados
Live Performances	No live music.
Dancing	No dancing.
Charges for admission	No cover charges or charges for admission.
Alcohol Sales Hours	Stop selling alcohol by 1:30 AM Sunday through Thursday, and 2:30 AM Friday and Saturday.
Alcohol Promotions	Do not encourage excessive drinking by serving pitchers, having discounted price drinks and 2-for-1 promotions on drinks
Signage and Advertising	No excessive alcohol promoting signage. No more than 25% of window area. Will post bilingual signs about respecting the community, alcohol awareness, and parking.
Denial of Service	Will not sell to intoxicated persons or people known to be of intemperate habits. Not sell to people under the age of 21. Can’t sell to people who try to circumvent denials of service to others.
Alcohol and Food Consumption	N/A
Go-Cup	No go-cups
Alcohol Beverage Server Training	All alcohol-serving staff must be trained.
ABC Approved Manager	N/A
Alcohol Alleviation Program Participation	Will support community organizations and participate in efforts to combat alcoholism, etc.
Trash	N/A
Recycling	N/A
Ownership	N/A
Sale of Business	Will make best efforts to sell the business to an entity that will not serve alcohol. Will provide community with at least 90 days notice of any intention to place the business on the market. Agrees to work with the community in reviewing offers and soliciting offers. Provide community with advance notice of intention to accept an unsolicited offer.
Cleanliness	The immediate environs of the business will be kept clean and clear of trash and debris. Public space must be kept free of debris.
Loitering	No loitering.
Noise Control	N/A (Nothing explicit on this. Just says that the restaurant must comply with all rules and regulations of the Class CR Restaurant license)
Cooperation with MPNA	Will cooperate with the MPNA and/or the ANC and with inspectors
Reporting to MPNA	N/A
MPNA’s Responsibilities	N/A
Additional Notes / Other	Provide off-street parking where possible.