Citizens Ass'n v. District of Columbia Alc. Bev. C. Bd., 7446.
| Decision Date | 20 March 1974 |
| Docket Number | No. 7446.,7446. |
| Citation | 316 A.2d 865 |
| Parties | CITIZENS ASSOCIATION OF GEORGE-TOWN, INC., Petitioner, v. DISTRICT OF COLUMBIA ALCOHOLIC BEVERAGE CONTROL BOARD, Respondent, Specialty Restaurants, Inc., Intervenor. |
| Court | D.C. Court of Appeals |
Christopher W. Keller, Washington, D. C., with whom Courts Oulahan, Washington, D. C., was on the brief, for petitioner.
Earl A. Gershenow, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief, for respondent.
J. E. Bindeman, Washington, D. C., with whom Leonard W. Burka, Washington, D. C., was on the brief, for intervenor.
Before PAIR, YEAGLEY and HARRIS, Associate Judges.
Brought here for review is the record of proceedings before the District of Columbia Alcoholic Beverage Control Board (the Board) on application of Specialty Restaurants, Inc. (Specialty) for a Retailer's Class C liquor license at premises 3139 M Street, N.W. The application was protested by the Citizens Association of Georgetown (the Association)1 and at the hearing there was testimony in opposition by three witnesses called by counsel for the Association.
The testimony in support of the application was in substance that Specialty proposed to restore and improve the old, but well-preserved, building at 3139 M Street, N.W., and maintain therein on the first floor a restaurant and on the second floor a bar and dance floor. The expectation was that patrons of the restaurant would be persons visiting, working or residing in the Georgetown area. Specialty proposed to provide valet parking for persons arriving by private automobile. The automobiles of such persons, although stopped first in an area adjacent to a public alley at the rear of the premises, would be promptly driven to and later returned from one of several nearby "Park and Shop" parking lots.
What was represented to the Board in opposition to the application was that traffic in the immediate area is congested that parking throughout the Georgetown area is difficult; and that the operation of the proposed restaurant or any other commercial establishment at that location would add to the traffic and parking problems.2
There was conflicting testimony (1) as to whether the alley at the rear of the premises was wide enough to accommodate two cars at one time, and (2) whether in any event the valet parking plan was workable.
Upon completion of the hearing, the Board reviewed the testimony of the witnesses, considered its official file, delineated the neighborhood, determined that the applicant met the requirements of D.C. Code 1973, § 25-115(a)1-5, and determined also that the premises qualified as appropriate for the issuance of the license within the purview of D.C.Code 1973, § 25-115(a)6.3 The Board then concluded:
Wherefore, it is the Finding of the Board . . . that premises 3139 M Street, N.W. is appropriate for the issuance of a Class "C" license and the same may issue upon compliance by the applicant with all remaining requirements of this and other appropriate municipal agencies.
Although there were sharply disputed issues of fact as to whether the premises were appropriate for the issuance of a Class C license, the Board made no specific finding respecting the availability of parking, the adequacy of the proposed valet parking service, or the impact of the proposed use upon traffic conditions in the alley at the rear of the premises and in the general area. Substantially all that appears from what the Board termed its "Summary of Hearing, Findings of Fact, and Conclusion of Law" is a detailed recitation of the testimony of witnesses and conclusionary statements of the Board's view of such testimony as establishing Specialty's entitlement to the Class C license.4
The District of Columbia Administrative Procedure Act (DC APA), D.C.Code 1973, § 1-1509, requires that:
(e) Every decision and order...
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