November 4, 2013 TO: FROM: SUBJ: Sarah Fashbaugh, ABRA Community Resources Advisor !

esha Anderson, ABRA Ad"udication Assistant #artha $en%ins, ABRA &enera' Counse' Bertha (o''iday, )esignated Re*resentative o+ the Neighbors o+ the ,nit B'oc% o+ ! Street, NRe.uest/#otion +or Reconsideration o+ Board 0rder 120132431 re'ated to )enia' o+ Reinstatement o+ the Neighbors o+ the ,nit B'oc% o+ ! St4, N- as 5rotestants to the 'icense rene6a' o+ R7) (7N 81030932:

; am in recei*t o+ an emai' o+ the above noted Board 0rder that 6as received on 0ctober 2<, 20134 !hat 0rder noted the +o''o6ing4 5ursuant to )4C4 0++icia' Code 2<2433, any 5arty adverse'y a++ected by this 0rder may +i'e a #otion +or Reconsideration 6ithin ten 810: days o+ service o+ this 0rder 6ith the A'coho'ic Beverage Regu'ation Administration, 2000 14 th Street, N4-44, Suite 400S, -ashington, )C 200034 A+ter recei*t o+ this emai', ; s*o%e 6ith each o+ you by *hone, to con+irm the right o+ the Neighbors to re.uest such reconsideration4 7ach o+ you indicated that the Neighbors indeed had such a right o+ reconsideration, a'though there 6as some di++erence o+ o*inion as to 6hom the Re.uest/#otion shou'd be directed4 #s4 $en%ins indicated she 6ou'd engage in research to c'ari+y this issue and in+orm me according'y by emai'4 !o date, ; have received no such c'ari+ication4 Conse.uent'y ; am submitting this re.uest/motion to ensure the Neighbors= right to reconsideration is +u''y *reserved under the time constraints set +orth in the above .uoted *aragra*h4 !he 0rder states the +o''o6ing reason +or denia' o+ reinstatement> ?the Board +inds that )r4 (o''iday, as a re*resentative o+ the &rou* o+ Five or #ore ;ndividua's, made no e++ort to noti+y the Board o+ the inabi'ity o+ the individua's o+ the &rou* o+ Five or #ore ;ndividua's to attend the 5rotest (earing4 Nor did she re.uest a continuance o+ the 5rotest (earing4 !here+ore, the Board +inds no good cause to reinstate the &rou* o+ Five or #ore ;ndividua's, *ursuant to 23 )C#R4 1@034 (o6ever, as shou'd be noted in the transcri*t o+ the Se*tember 13, 2013 5rotest (earing, ; in+ormed the Board at that time that ; had s*o%en 6ith t6o ABRA sta++ers 8Fashbaugh and Anderson: regarding the re.uirement to have < *rotestants *resent and the di++icu'ty the Neighbors 6ere having in identi+ying such *ersons 6ho cou'd attend due to the shortness o+ notice o+ hearing=s date and time change, 22 es*ecia''y the change in time +rom < *m48near c'ose o+ 6or% hours : to 1>30 *m 8midday:4 A'so , a'though ; am unsure i+ ; mentioned this during the 5rotest (earing, ; s*o%e 6ith ABRA=s &enera' Counse' *rior to the 5rotest (earing, in.uiring about 6ho and ho6 the date and time change occurred and the eAtraordinary burden a short notice o+ such change *'aced on *rotestants 6ho 6ere

community members 6ith "obs4 ;n a'' three o+ these conversations, there 6as never any statement made by ABRA sta++ that ; might noti+y the Board o+ the di++icu'ty or that ; might re.uest a continuance4 -hat sta++ made c'ear 6as the abso'ute necessity o+ having < *ersons *resent at the 5rotest (earing4 !he genera' im*ression ; 6as 'e+t 6ith is that the Board and its sta++ had the right to change the time and date o+ a 'ong schedu'ed 5rotest (earing and that right 6as re'ative'y sacrosanct 4 Neverthe'ess, a+ter s*ea%ing 6ith ABRA sta++, ; s*ent an entire day revie6ing *rocedura' 'etters that ; had received +rom ABRA, )C codes re'ated to ABRA 8inc'uding a'' revisions that too% e++ect as o+ August 19, 2013:4, and ABRA=s 6ebsite and a'' o+ its FAB=s and *rocedura' guidance C es*ecia''y re'ated to hearings4 !hese revie6s 6ere conducted +or the *ur*ose o+ trying to identi+y some mechanism +or dea'ing 6ith the di'emma o+ 8non: attendance o+ < *ersons due to the short notice o+ change in date and time o+ the 5rotest (earing4 (o6ever, ; +ound nothing germane or re'evant to the so'ving o+ this di'emma4 And ; s*eci+ica''y +ound nothing suggesting that the Board 6ou'd be rece*tive to considering re2schedu'ing the (earing, or that a Dcontinuance= cou'd be re.uested4 Conse.uent'y, as the 5rotest (earing transcri*t 6i'' re+'ect, 6hen the ABRA Board Chair noted that ; shou'd have re.uested a continuance, ; res*onded to the e++ect, E; didn=t %no6 that 6as *ossib'eF4 Sure'y, had ; %no6n, ; 6ou'd have submitted such a re.uest4 ;n consideration o+ the above, it is inaccurate to note that ; made no e++ort4 ; indeed engaged in great e++ort4 But the hearing *rocess seems to *'ace an undue burden on community E&rou*s o+ < or moreF that is greater than that o+ *rotestants 6ith standing by 'a6 8e4g4 ANC=s, Civic Associations, etc4:4 Furthermore, &rou*s o+ < or more are ty*ica''y 6ithout attorneys and there+ore must *rimari'y re'y on the suggestions and guidance o+ ABRA sta++ and *rinted guide'ines4 ;n this case, sta++ seeming'y 6ere a'most eAc'usive'y concerned 6ith my understanding that < *ersons must be *resent at the 5rotest (earing 86hich ; +u''y understood as indicated by attachments to the Neighbor=s Re.uest +or Reinstatement: and eAtreme'y mind+u' o+ their Dschedu'ing crises= , 6hi'e *rinted guidance 6as incom*'ete4 !hus ; 6as *rovided 'itt'e assistance or guidance *ertinent to the concern ; re*eated'y eA*ressed regarding the im*act o+ the change in time and date4 Conse.uent'y, the Neighbors submit this re.uest/motion +or reconsideration o+ Board 0rder201324314 Res*ect+u''y

Bertha &4 (o''iday )esignated Re*resentative Neighbors o+ the ,nit B'oc% o+ ! Street, N-