COOPERATIVE AGREEMENT between _______________ (t/a _____________) and Protestants listed below.

INTRODUCTION:

__________________________ __________ (“Licensee”) has applied for renewal of and substantial change to an ABC Class CR license for the premises located at _________ Mount Pleasant Street, N.W., Washington, DC (License No._______), and has applied for an Entertainment Endorsement; and Protestants have filed protests against the renewal and entertainment endorsement applications to the license; and

The parties have discussed the Licensee’s and neighborhood issues and concerns and seek to enter into an agreement that creates a balance between neighborhood concerns and the long-term commercial viability of Mount Pleasant Street including enhancing opportunities for live music, entertainment and cultural expression.

THUS, the Protestants agree to withdraw their protest and Licensee agrees to comply with the terms of this Cooperative Agreement as set forth below.

The parties agree as follows:

1.      Licensee will comply with all laws and regulations governing the operation of the establishment, including all laws and regulations governing the Class CR License to which this agreement applies.
2.      Licensee, its officers and employees, will cooperate with Protestants and government personnel to address alleged violations of the laws and regulations referred to in Paragraph 1 above and in any lawful request by an appropriate enforcement agency investigating an alleged violation.
3.      Licensee is encouraged to make unused interior wall space available to interested local artists for use in displaying their art works. Licensee will have full discretion to refuse, on any grounds, any works offered for display.
4.      Licensee is encouraged to make the premises available for community meetings, family events, meetings of charitable organizations, art openings, readings, seminars and other arts, musical, cultural, family or community events. Licensee will have full discretion to decline, on any grounds, any such proposed events.
5.      Licensee will be permitted to offer live music and other live entertainment (including karaoke, DJs, performances, readings and any other lawful form of live entertainment) and to charge an admission or cover charge therefore, and may permit dancing. To the extent such live music and other live entertainment requires Entertainment Endorsements, Licensee shall be responsible for obtaining such endorsements as may be necessary in respect of such activities and Protestants agree to support the immediate issuance of such endorsements as a corollary to and simultaneous with the approval of this Agreement.
6.      Hours for live music or other live entertainment (including karaoke, DJs, performances, readings and any other form of live entertainment):
   1.      On Sunday through Thursday nights, if Licensee offers live music or other live entertainment, such entertainment will conclude no later than midnight (12:00 a.m.).
   2.      On Friday and Saturday nights, if Licensee offers live music or other live entertainment, such entertainment will conclude no later than 1:30 a.m.
   3.      For up to 6 holidays or special occasions per year, as determined in Licensee’s discretion, Licensee may offer live music or other live entertainment until 2:00 a.m. provided that any such holiday or special occasion is on a Friday or Saturday night, or on a night preceding a school holiday.

   Nothing in this Agreement shall be construed to restrict or limit the Licensee's ability to offer live entertainment in accordance with any entertainment endorsement stipulated or issued prior to the effective date of this Agreement.

7.      Hours of service and operation shall be in accordance with 23 DCMR § 705.9 unless otherwise specified in the licensee’s license.
8.      Last call for alcoholic beverages will be at least 20 minutes prior to closing time and the limit on service of alcoholic beverages at last call shall be one drink per person. Licensee agrees that employees on duty at the end of the evening will assist persons requesting cab service by calling taxis for them or making a phone available to them.
9.      There shall be a night manager on the premises from at least 9 p.m. until closing every night during business operations. The night manager, who may be the Licensee or a designated employee, shall be responsible for ensuring compliance with all ABC laws and regulations and this Agreement. The Licensee shall maintain a record of the name of each night manager on duty during the designated hours.
10.      The Licensee or the night manager shall be contactable via a telephone number that is posted prominently on the premises next to the Licensee’s posted hours of operation. The Licensee agrees to make the point of contact telephone number available to the ANC, to community organizations and to residents. The Licensee is responsible for ensuring that the posted contact telephone number(s) are current.
11.      Licensee is responsible for ensuring that the operation of his or her business does not disturb the peace and good order of the neighborhood and for promptly responding to complaints.
12.      A Licensee offering live entertainment or recorded music shall work with Protestants to conduct a noise impact study and to develop and implement a noise management plan. Such plan will identify reasonable and appropriate steps to prevent excessive noise emanating from the establishment including but not limited to monitoring and reducing amplification levels of music (including live and recorded music), increasing sound proofing as necessary, installing “limiting devices” on juke boxes and other audio devices, etc.
13.      Licensee shall maintain a log of telephone, written and oral complaints regarding sound levels and other issues affecting the neighborhood using the form that is attached as Exhibit A. The complaint log shall be available for inspection by representative(s) of Protestants and the ANC.
14.      Licensee shall post signs in English and in Spanish, in not less than 1-inch type, in the public restrooms and in a position prominently visible to patrons exiting, with the following text: “Please be considerate of our neighbors. Keep noise to a minimum when you leave. And please help keep our neighborhood clean and safe.”
15.      Licensee will not sell or deliver alcoholic beverages to any person under the age of 21, and will prominently display a sign indicating that such sales will not be made and that patrons may be asked to produce valid proof of age.
16.      Licensee will not sell or deliver alcoholic beverages to anyone who is intoxicated and shall not sell or deliver alcoholic beverages to anyone accompanying a person who has been denied service if there is an apparent attempt to deliver alcoholic beverages to the person who has been denied service.
17.      Licensee will assure that any persons serving in capacity as “night manager” and all alcoholic beverage serving staff receive appropriate training regarding the terms of this Agreement and in the sale, service and handling of alcoholic beverages as required by law and regulation.
18.      Licensee will keep the sidewalk in front of the establishment free of debris, trash and litter and shall provide appropriate receptacles for the deposit of cigarette butts.
19.      Licensee will keep the alley behind the establishment free of debris, trash and litter. Licensee will store garbage and recyclable materials in containers with secure lids. Licensee will arrange to have garbage and recyclables picked up at least two times per week during the hours between [insert current times]. Licensee agrees to adjust the pick-up schedule, or to arrange for unscheduled pick-ups, as circumstances dictate in order to prevent over-accumulation.
20.      Licensee agrees to meet with representative(s) of the Protestants to review the complaint log and to discuss neighborhood issues or problems, if any, relating to operation of the establishment, and appropriate means of addressing them. For the first year of this agreement, such meetings shall be held at least once every second month. Thereafter, meetings shall be held at least semi-annually. Meetings may be held on the Licensee’s premises, or combined with meetings of other licensees. A notice of the date, time and location of the meeting in English and in Spanish shall be posted prominently on the Licensee’s premises to allow patrons and residents of the neighborhood to attend. It is agreed that representatives of the Protestants shall undertake arranging and coordinating such meetings.
21.      Notwithstanding the provisions in Paragraph 20, the Licensee is expected to respond in a timely manner to all complaints and be amenable to meeting with community representatives and residents upon request.
22.      The Licensee and/or counsel for the Licensee, and Protestants agree to explore in good faith, the establishment of a voluntary Responsible Hospitality Partnership (RHP). The RHP is intended to provide a collaborative framework for creating, enhancing and managing Mount Pleasant Street as a place for the enjoyment of commercial, cultural, artistic and community amenities and a safe and vibrant place for people to socialize, while recognizing and balancing the interests of the community in maintaining peace and good order. Upon establishment of the RHP, the Protestants and Licensee agree to discuss, in good faith, amendments to this Agreement, provided the Licenssee has agreed to operate within the framework of the RHP.
23.      This Agreement is intended to supersede and replace any and all prior voluntary or cooperative agreements that previously applied to the license or the Licensee. The termination of the prior voluntary agreement between the Licensee and the Mount Pleasant Neighborhood Alliance, Inc. is a condition precedent to the effectiveness of this Agreement.

    IN WITNESS WHEREOF, the parties have executed this Cooperative Agreement as of _______________, 2008.

              Protestants:

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