Three of the four complaints levied against Tonic’s liquor license have been withdrawn, leaving owners with one obstacle in the way of an open bar.
The remaining protester is Michael Kimmel, a lawyer who represents more than 60 residents of the Letterman House and other nearby buildings. At an Alcoholic Beverage Control Board hearing last week, the West End Citizens Association’s protest was thrown out because the organization was deemed irrelevant and not eligible to file input.
The University also dropped its protest after negotiating new hours of operation with the owners. Tonic agreed to end its outside service at 11 p.m. Sunday through Thursday, and midnight Friday and Saturday, University spokesperson Tracy Schario said.
The Advisory Neighborhood Council also expressed concern over the license, but their formal protest was not filed in time. L. Asher Corson, chairman of ANC 2A, did not respond to several phone calls and messages from The Hatchet.
“Even though the (West End Citizens Association) and the ANC cannot protest, we will continue to work with them to come with an agreement.” said Jeremy Pollok, a co-owner of Tonic, “(W)e want to not only provide a good restaurant but also be good neighbors.”
Last winter the ABC denied Tonic’s first application because D.C. law prohibits liquor licenses in residential areas unless a venue with the same type of license already exists. Since Lisner Auditorium’s license was not the same as Tonic, the D.C. City Council amended the law to allow Tonic to apply.
Kimmel said the law allowing the application was not intended for new venues.
“Our main argument is that (the law) permits the renewal of liquor licenses in residential zones but not new retailer applicants who have never had liquor licenses,” Kimmel said.
Tonic co-owner Greg Nicholas said he does not believe Kimmel’s argument is valid.
“Kimmel has picked the wrong venue for the argument because almost all of his points are under the jurisdiction of a legal court but not under the jurisdiction of the ABC,” Nicholas said.
In a 23-page brief submitted to the ABC, Kimmel said this summer’s amendment creates a dangerous precedent that could lead to future problems. In order to be effective, he said the law should have been amended to acknowledge an exception for a university campus in a residential zone.
Kimmel is also requesting that Tonic roll back its closing time to 9 p.m.
“I know there is a wide range of hours of operation that (Tonic and my clients) are apart.but being able to cut back the hours at night would at least protect the residents in the area,” Kimmel stated.
Tonic’s attorney Andrew Klein said he believes Kimmel’s charges are without merit. On Thursday, Nicholas, Pollok and Kimmel will begin mediation.
There is a status hearing scheduled for Oct. 10. If no agreements have been reached, the ABC will reconvene and make a final ruling. Kimmel said he may appeal if Tonic is granted the license.
“Sometimes these things take weeks or months and it is always hard to predict how long it will take or what the outcome will be,” Schario said. She added that the restaurant – with or without a license – is a benefit to the community.
“They are a fabulous addition to the neighborhood. I don’t think anyone would dispute that, honestly,” Schario said.
Eric Roper contributed to this report.
