Establishments that sell alcohol to minors or after hours and attract loud and sometimes violent customers have been the bane of residents across the city. And although many establishments appear to be blatantly violating their liquor licenses, residents say it’s nearly impossible to shut them down.

Part of the problem is that there are only four investigators to inspect the city’s 1,500 businesses that serve liquor, according to city records, despite language in the fiscal 1998 appropriations act requiring the city to hire 12 more inspectors.

Another problem is a confusing, difficult and poorly explained process for residents to protest new licenses and report violations, said Councilwoman Sharon Ambrose, D-Ward 6.

"We have a failure in respect to the ABC licensing process," she said at a recent Capitol Hill meeting on the subject. "Residents should not have to go through this."

If all of this sounds complicated, it is, Ambrose said. Fighting a liquor store or bar can take years, eat up funds and nearly drive people up the wall. Most residents aren’t lawyers, don’t know the regulations and can’t afford to take time off from work to fight a liquor store.

"The deck is stacked against you," said Stewart Harris, whose North Lincoln Park civic association has spent eight years and $25,000 fighting a liquor store in the neighborhood. "The ABC board is extremely pro-business and pro-liquor. Even if you do everything right, you will probably lose."

Ambrose pointed to a recent decision by the Alcoholic Beverage Control Board concerning a market and liquor store at 15th Street and Pennsylvania Avenue NE. The owner pleaded guilty to food stamp fraud and was fined $8,000. While the ABC board suspended his liquor license for 12 months, all but 30 days of the suspension were then suspended. Within a month, the owner was back in the liquor business.

"That is not a responsible businessperson," Ambrose said. "And I will not vote to confirm any ABC board member who was part of a decision like that."

Ambrose said she will soon propose legislation streamlining the liquor license protest process for residents and making sure business owners with delinquent taxes or other criminal violations do not get new or renewed liquor licenses.

Current regulations allow residents to lodge two types of protests against establishments applying for or renewing liquor licenses. Such businesses are required to conspicuously post public notices on large red posters. The simple protest process, known as 14B, allows residents to protest the renewal of a liquor license in their neighborhood by gathering signatures and submitting them to the ABC board. The ABC board then sets a date for what is known as a roll call hearing. The board encourages the protesters and the store or restaurant management to enter into a voluntary agreement that addresses neighbors’ concerns. Some voluntary agreements include restrictions on hours of operation or sale of single servings of liquor, for example.

A more complicated protest process, known as 14E, involves gathering signatures from registered voters within 600 feet of an establishment applying for a new or transferred license. In that case, anyone who gathers signatures from more than 50 percent of registered voters can automatically stop the license. Completing the process takes three to six months.

A separate process initiated by the Metropolitan Police Department works to suspend or revoke licenses of businesses with records of violence or criminal activity. That pro-cess, known as a summary judgment, was recently invoked to temporarily suspend the license of Heart & Soul restaurant at 9th Street and Pennsylvania Avenue SE in response to a nearby fatal shooting that allegedly involved its customers, Ambrose said. A petition against the restaurant circulated by neighbors had no effect on the process, she said.

But many police officers have never heard of the summary judgment process and were never told how to report such incidents to the ABC board, said Sgt. Denise Grooms, who heads Patrol Service Area 510 on Capitol Hill. "My area is plagued with these types of problems," she said. "They should at least let us know a process exists to stop them."

Ambrose said she hopes to streamline the protest process, starting with a task force on the subject. The Ward 6 council representative recently joined forces with Council-woman Kathleen Patterson, D-Ward 3, to submit legislation that would close the current loopholes that allow people to sit on the ABC board without council confirmation or after their terms have expired.

According to ABC records, chairman Vannie Taylor III has been serving since Sept. 3 although he was never confirmed by D.C. City Council. Dwane Wang has continued to serve although his term expired May 7. Eydie Whittington has served on the board since January 1997 but also has not been confirmed.

Mayor Marion Barry recently submitted his nominations to replace the commissioners whose terms have expired. Councilman Harold Brazil, D-At-large, who chairs the regulatory affairs committee, indicated he will not rush to push the confirmations through council before the new mayor is inaugurated Jan. 2.

Copyright 1998, The Common Denominator