1. General Information

ABRA Case Number 113253
ABRA License Number ABRA-113253
ABRA Placard Posting Date April 26, 2019
ABRA Protest Petition Date June 10, 2019
ABRA Call Hearing Date June 24, 2019
ABRA Protest Hearing Date August 7, 2019
Applicant Name Bo Blair
Applicant Trade Name Scribone, LLC
Establishment Name Surfside
Establishment Address 4200 Wisconsin Avenue, N.W
Establishment ANC and SMD 3E05
Applicant Contact Name Bo Blair
Applicant Contact Number (202) 255-5855


This Voluntary Agreement (the “Agreement”) is made and entered into as of the ____ day of November,
2019, by Scribone, LLC, the applicant in ABRA-113253 (“Applicant”), and Advisory Neighborhood
Commission 3E (“ANC”) (Scribone and ANC 3E each being a “Party” hereunder or collectively, the


WHEREAS, Applicant has sought permission from the District of Columbia Alcoholic Beverage
Administration (ABRA) to extend the hours it may serve liquor at its summer garden and outside café at a
restaurant/bar called “Surfside” (“Establishment”) it operates at 4200 Wisconsin Avenue, N.W., which is
located within the boundaries of ANC 3E; and
WHEREAS, ANC 3E agrees to support Applicant ’s application in ABRA-113253 (“Application”), in reliance
in part on Applicant ’s agreement to certain restrictions contained herein that will reduce potential burden
on nearby residents;
1. Nature of Operation

Class of Restaurant Class                         “C” Restaurant
Total Occupancy                                        Capacity 330
Total Seating Capacity                               264
Sidewalk Café [Yes/No]                             Yes
Live Entertainment [Yes/No]                      NA
Valet Service [Yes/No]                               Yes

2. Hours of Operation

Sunday through Thursday                                     Friday and Saturday
Inside Premises                                                   8 am to 2 am                                                        8 am to 3 am
Summer Garden                                                  8 am to 1 am                                                        8 am to 2 am
Outdoor Café (Taco Bar)                                   12 am to 12 am                                                     12 am to 12 am
Alcohol Service
Inside                                                             8 am to 2 am                                                           8 am to 3 am
Summer Garden                                            8 am to 1 am                                                           8 am to 2 am
Sidewalk Café                                               8 am to 12 am                                                         8 am to 1 am
Live Entertainment
Inside                                                                    NA                                                                             NA
Outside                                                                 NA                                                                             NA


1. Neighborhood Peace Applicant agrees to make all reasonable efforts to maintain the peace
and quiet of the surrounding residential neighborhood so that establishment operations have
a negligible impact with regards to sound and activity.

2. Noise and Privacy Applicant will strictly comply with D.C. Official Code § 25·725 and will make
architectural improvements to the property and will take actions, as necessary, to ensure that
music, noise and vibration from the Establishment (including patrons, and including both public
and private events) are not audible outside the establishment at any time. Applicant will
actively work to maintain peace and quiet of patrons after leaving the business and not serving
patrons who have a pattern of having produced noise, waste, or unruly behavior.

3. Outdoor Seating If Applicant chooses to provide seating for patrons in the Establishment’s
private and public space, the Applicant will ensure patrons do not block sidewalk passage.
Applicant will direct that its employees inspect the sidewalk and front yard area on a regular
basis to ensure its cleanliness. Applicant will follow DCRA’s regulations on the operation of
sidewalk cafes, as provided for in Chapter 24 of Title 3 of District of Columbia Municipal

4. Public Space Applicant shall keep the sidewalk (up to and including the curb) tree boxes, curb,
and alley clean and free of litter, bottles, and other debris in compliance with D.C. Code and
Municipal Regulations. Applicant shall police these areas sufficiently to ensure that refuse and
other materials are promptly removed. Applicant will make ongoing efforts to make sure the
tree box and sidewalk areas are attractive and enhance the neighborhood.

5. Trash Dumpsters and Collection Applicant shall ensure that the area around dumpsters are
kept clean at all times and dumpsters are placed such that they do not encroach on abutting
property owners and that no garbage is placed on abutting property. Applicant will ensure
timely disposal no less than three (3) times per week that is the least disruptive to the
neighbors. Commercial trash pickup in residential areas takes place between 7 a.m.-7 p.m.

6. Rats and Vermin Control Applicant shall provide rat and vermin control for its property.
Applicant shall have the Establishment and the area around the Premises properly cleaned at
the end of each night to ensure that there are not garbage and odors present the following

7. Access to Public Alleys, Garage and Parking Applicant shall not obstruct or prevent access to
public alleys at any time. The Applicant will ensure that any food delivery drivers or services
employed or contracted by the Applicant also do not obstruct or prevent access to the public
alleys at any time.

8. Food Service to Liquor Ratio Applicant will maintain a ratio between foodservice and liquor
sales such that at least 45% of sales will be from food. Applicant shall refuse to sell alcohol or
cigarettes (including e-cigarettes and vaping products) to legally underage persons and refuse
to sell alcohol to inebriated [drunk] persons. Inebriated persons shall not be admitted to the

9. Security Cooperation in Stemming Illegal Drugs and Public Drinking Applicant agrees that it
shall take all necessary steps to minimize such problems, including, without limitation,
designating a sufficient number of employees to assure adequate security and to control unruly
patrons, whether inside or in the immediate outside area; monitoring for and prohibiting sales
or use of illegal drugs within or about the Premises, maintaining contact and cooperating with
MPD and other enforcement officials when known or suspected drug activities occur. The
applicant shall to the full extent permissible by law discourage loitering in the vicinity of the

10. Compliance with ABRA Regulations Applicant promises that it shall abide by all Alcoholic
Beverage Regulations Administration (ABRA) regulations regarding the ownership of the
license and all other provisions applicable to liquor licensees.


1. Outside Entertainment Applicant agrees that no music, television, or other entertainment will
be played in or around the sidewalk café seating.

2. Deliveries on Wisconsin Avenue during AM Rush Hour Applicant agrees to make all
reasonable efforts to ensure that deliveries to restaurant will not occur on Wisconsin Avenue
during the AM rush hour defined as weekdays 7AM to 9:30AM.

3. UberEats and other food delivery pickups Applicant agrees to make all reasonable efforts to
ensure that pickups for UberEats and other similar food delivery services will occur at the
loading dock at the rear of the building in order to not impede traffic on Wisconsin Avenue or
Van Ness St.


1. Attendance at ANC Meetings Should the ANC receive complaints from constituents related to
Establishment’s operations, one or more ANC members may ask Applicant to attend an ANC
meeting. Should Applicant receive such a request, it will make every reasonable effort to
ensure that an officer or senior staff member attends the meeting (or, if impracticable, the
next scheduled meeting) and works in good faith with the ANC and the community reasonably
to address such complaints.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows:

1. Hours Applicant hereby agrees that, notwithstanding any other permission from ABRA or any
other agency, it will end operation of all summer garden, café seating and other operations at
the hours described in the section Summary of Agreement: Hours of Operations.

2. Extended Hours Parties agree that, (1) on days designated by the DC ABC Board as “Extended
Hours for ABC Establishments” Applicant may operate and serve alcohol for such hour(s); (2)
in the event the Council of the District of Columbia or the DC ABC Board grant licensees in
general extended operating hours (such as Inauguration or World Cup) Applicant may avail
itself of such extended hours; and (3) on January 1 of each year Applicant may serve alcoholic
beverages until 4:00 a.m.

3. Standard Endorsements Applicant agrees to the terms embodied in the section Standard

4. Additional Endorsements Applicant agrees to the terms embodied in the section Additional

5. Standard Remedies Applicant agrees to the terms embodied in the section Standard Remedies.

6. Modification of Agreement Applicant may ask the ANC at any time to modify this
Agreement. Such a request shall be made in writing. The ANC may ask Applicant to appear at
a meeting to present the request to the community. If the ANC agrees to modify the
Agreement, such modification may come only pursuant to a formal ANC resolution and a
writing signed by the parties.


1. ABRA Adoption The Parties agree to ask ABRA to incorporate this Agreement to fullest extent
possible into any order it may issue regarding the subject application.

2. Waiver The failure of either Party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that Party’s right subsequently to enforce and compel
strict compliance with every provision of this Agreement.

3. Binding on Survivors All covenants, stipulations, promises, agreements, and provisions in this
Agreement shall apply to, bind and be obligatory on the Parties hereto, their heirs, executors,
administrators, personal representatives, and successors.

4. Severability If any provisions of this Agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable.

5. Assignment and Subcontracts Neither Party may assign any rights or delegate any duties under
this Agreement without the express prior written consent of the other Party.

6. Headings and Paragraphs Headings in this Agreement are for convenience only and shall not
affect the meaning of this Agreement. References in this Agreement to any Section or
paragraph are to the applicable numbered section of this Agreement unless otherwise noted.

7. Counterparts This Agreement may be executed simultaneously in one or more counterparts,
by original or facsimile signature, and when executed by all Parties shall constitute one and the
same Agreement.


IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as of the date and year
first written above.

By: _____________________

Advisory Neighborhood Commission 3E
By: _____________________