An applicant for an alcoholic beverage license and potential objectors to the application may settle the dispute in the form of a settlement agreement. The following list defines unenforceable and enforceable provisions of settlement agreements.

Enforceable

The following is a list of enforceable items:

• Allowing or prohibiting entertainment.
• Hours that entertainment will be allowed.
• Outside noise mitigation requirements:
  • Sound attenuation elements.
  • Closure of doors and windows except for entering and exiting.
  • Restricting the location of the entertainment.
  • Configuration of outside space, such as outside speakers, architectural features, and sound barriers.
• Litter and debris control:
  • The frequency of monitoring.
  • Days and times of trash removal.
  • Control of vermin infestation.
• Parking arrangements.
• Maintenance of incident log made available upon ABRA request.
• Cure period for settlement agreement violations.
• Restrictions on operating hours and hours of sales and service.
• How issues are addressed in order to obtain support for proposed hours of operation and occupancy, including:
  • History of previous violations.
  • Proximity to residences.
  • Hours of other area licensees.
• Stipulations that the licensee will comply with DC laws and ABRA regulations.

Unenforceable

The following is a list of unenforceable items:

• Restraints on the licensee’s or applicant’s ability to operate:
  • Requirement for ANC or others to approve ownership changes.
  • Requirement for ANC or others to be notified of an intent to transfer ownership.
  • Prohibition against applying for a change in license class.
  • Requirement to change license class prior to sale of license.
  • Prohibitions on applying for changes (i.e. Summer Garden, Entertainment, Hours).
  • Mandating specific alcohol brands and pricing.
  • Mandating age restrictions.
  • Mandating the use of a specific company for services.
• Requiring administrative procedures other than those required by ABRA or another district agency.
• Requiring Attendance to ANC or other community meetings.
• Requiring the furnishing of money or other financial benefits, or other special considerations, to the community.
• Requiring membership in any group.
• Requiring the hiring of local individuals.
• Requiring that contracts, incident logs, or similar documents, be made available to the ANC or other community groups or members