ARLINGTON COUNTY, VIRGINIA

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County Manager:

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ARLINGTON COUNTY, VIRGINIA

County Board Agenda Item

Meeting of November 14, 2020

DATE: November 11, 2020

SUBJECTS: USE PERMIT AND SITE PLAN AMENDMENT REVIEWS for live

entertainment or live entertainment and dancing for establishments in the Clarendon Live Entertainment Group. Outdoor seating may also have been approved as noted in the subject headings below:

A. SP #194 SITE PLAN AMENDMENT REVIEW for live entertainment and dancing; located at 3100 Clarendon Blvd. (Mr. Days, RPC# 19-002-007)

B. SP #194 SITE PLAN AMENDMENT REVIEW for live entertainment and dancing, and outdoor cafe seating in a public sidewalk easement; located at 3100 Clarendon Blvd. (Bar Bao, RPC# 19-002-007).

C. SP #333 SITE PLAN AMENDMENT REVIEW for live entertainment and dancing; located at 3100 Washington Blvd (Lyon Hall, RPC# 19-006-196).

D. SP-194-U-16-1 USE PERMIT ASSOCIATED WITH A SITE PLAN REVIEW for live entertainment and dancing; located at 3100 Clarendon Blvd. (Pamplona, RPC# 19-002-007).

E. SP-397-U-15-1 USE PERMIT ASSOCIATED WITH A SITE PLAN REVIEW for live entertainment; located at 1210 N. Garfield Street (Bracket Room, RPC# 18-013-011). F. SP-397-U-18-1 USE PERMIT ASSOCIATED WITH A SITE PLAN REVIEW for live

entertainment; located at 3028 Wilson Blvd. (G.O.A.T, RPC# 18-012-003).

G. U-2861-95-1 & U-2866-96-3 USE PERMIT REVIEW for live entertainment and outdoor seating; located at 2854 Wilson Blvd. (Whitlow's on Wilson, RPC# 18-010-008).

H. U-2984-00-1 USE PERMIT REVIEW for live entertainment; located at 3185 Wilson Blvd. (Clarendon Ballroom, RPC# 15-075-003).

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I. U-3114-04-1 USE PERMIT REVIEW for live entertainment; located at 3207 Washington Blvd. (O'Sullivan's, RPC# 15-078-001).

J. U-3233-09-1 USE PERMIT REVIEW for live entertainment and dancing; located at 3171, 3181 Wilson Blvd. (Spider Kelly's, RPC# 15-075-002).

K. U-3250-10-1 USE PERMIT REVIEW for live entertainment and outdoor cafe seating in a public right-of-way; located at 3211 Wilson Blvd. (Northside Social, RPC# 15-089-001).

L. U-3310-11-2 USE PERMIT REVIEW for live entertainment; located at 2933 Wilson Blvd. (Mexicali Blues, RPC# 15-066-019).

M. U-3322-11-1 USE PERMIT REVIEW for live entertainment; located at 3165 Wilson Blvd. (Don Tito, RPC# 15-075-001).

N. U-3346-12-2 USE PERMIT REVIEW for live entertainment and dancing at Liberty Tavern; located at 3195 Wilson Blvd. (Liberty Tavern, RPC# 15-075-004).

O. U-3467-16-1 USE PERMIT REVIEW for live entertainment and dancing; located at 2950 Clarendon Blvd. (Oz Restaurant & Bar, RPC# 18-014-004).

P. U-3486-17-1 USE PERMIT REVIEW for live entertainment; located at 2915 Wilson Blvd. (Wilson Hardware, RPC# 15-066-002).

Q. SP362-U-19-1 USE PERMIT ASSOCIATED WITH A SITE PLAN REVIEW for live entertainment (Buena Vida/TTT/UP); located at 2900 Wilson Blvd. (RPC# 18-011-008). R. U-3533-19-1 USE PERMIT REVIEW for live entertainment at Ambar Clarendon

and BABA Bar; located at 2901 Wilson Blvd. (RPC #15-066-019).

S. SP194-U-19-3 USE PERMIT ASSOCIATED WITH A SITE PLAN REVIEW for live entertainment and dancing; located at 3100 Clarendon Blvd. (Renegade Coffee and Kitchen, RPC# 19-002-007).

Applicants (in order of listing):

A. Mr. Days

Robert and Tiffany Lee 3100 Clarendon Blvd. Arlington, Virginia 22201 B. Bar Bao Fernando Villareoel 3100 Clarendon Blvd. Arlington, Virginia 22201 C. Lyon Hall

Trophy Property Ventures, LLC

Unit 100 N., The Phoenix Condominium 3100 Washington Blvd.

Arlington, Virginia 22201 D. Pamplona

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Fernando Villarreoel 3100 Clarendon Blvd. Arlington, Virginia 22201 E. Bracket Room Eric Rose 1210 N. Garfield St. Arlington, Virginia 22201 F. G.O.A.T. Ryan DeMagistris 3028 Wilson Blvd. Arlington, Virginia 22201 G. Whitlow’s on Wilson

WOW Enterprises, Inc. 2854 Wilson Blvd. Arlington, Virginia 22201 H. Clarendon Ballroom Peter Pflug 3185 Wilson Blvd. Arlington, Virginia 22201 I. O’Sullivan’s Anselm Griffiths 3207 Washington Blvd. Arlington, Virginia 22201 J. Spider Kelly’s Peter Pflug 3171 and 3181 Wilson Blvd. Arlington, Virginia 22201 K. Northside Social

Local Press, LLC/DBA Northside Social 3211 Wilson Blvd. Arlington, Virginia 22201 L. Mexicali Blues Karen Orlando 2933 Wilson Blvd. Arlington, Virginia 22201 M. Don Tito Mike Cordero 3165 Wilson Blvd. Arlington, Virginia 22201 N. Liberty Tavern 3195 Wilson Blvd. Arlington, Virginia 22201 O. Oz Restaurant & Bar

Ashley Darby 2950 Clarendon Blvd. Arlington, Virginia 22201 P. Wilson Hardware 2915 Wilson LLC 2915 Wilson Blvd. Arlington, Virginia 22201 Q. Buena Vida/TTT/UP 2900 Wilson LLC 2901 Wilson Boulevard Arlington, Virginia 22201

R. Ambar Clarendon and BABA Bar

Roca 1, LLC D/B/A Ambar Clarendon & BABA Bar 2901 Wilson Boulevard Arlington, Virginia 22201 S. Patrick Crump 3100 Clarendon Blvd. Arlington, VA 22201 C.M. RECOMMENDATIONS:

A, H, O: Discontinue the subject site plan amendment and use permits due to restaurants closing.

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B-C: Adopt the attached ordinance for these site plan amendments for approval for live entertainment (with dancing and outdoor seating where stated in the above subject listing), subject to all previously approved conditions and the amended and modified conditions in this report applicable only to the subject live entertainment, dancing, and/or outdoor seating (with dancing and outdoor seating where stated in the subject listing), with an administrative review in one (1) year (November 2021) and a County Board review in two (2) years (November 2022).

D-G, I-L, N,

Q-S: Renew the subject use permits for live entertainment (with dancing and outdoor seating where stated in the subject listing), subject to all previously approved conditions in this report, with an administrative review in one (1) year (November 2021) and a County Board review in two (2) years (November 2022).

M, P: Renew the subject use permit for live entertainment, subject to all

previously approved conditions in this report, with administrative reviews in three (3) months (February 2021) and one (1) year (November 2021) and a County Board review in two (2) years (November 2022).

ISSUES: This is a two (2) year review of use permits and site plan amendments for live

entertainment, dancing, and outdoor seating for establishments within the Clarendon Live Entertainment Group. During the review of the Live Entertainment uses, the Police Department have noted issues with noise and the serving of alcoholic beverages outside of the establishment at Don Tito’s. Additionally, Code Enforcement has noted violations of the Virginia Maintenance Code at Don Tito’s and Wilson Hardware. Staff is recommending short administrative review cycles to monitor both establishments’ compliance with their use permit conditions. No other issues have been identified at the time of this report.

SUMMARY: This is a two (2) year review of use permits and site plan amendments for a

number of establishments that have either live entertainment or live entertainment and dancing and are a part of the Clarendon Live Entertainment Group. The group meets twice a year to discuss concerns and find solutions to issues related to the concentration of live entertainment use. During the two-year review period, there were minimal reports of potential violations and community concerns were drastically reduced as compared to previous review cycles. However, the Police Department has noted issues with compliance of the use permit conditions related to noise for Don Tito’s, discussed further in this report. It was also noted that the establishment was serving cocktails to persons awaiting entry to the establishment. Management immediately corrected the issues identified when notified by Police. Code Enforcement has also noted violations of the Virginia Maintenance Code at Don Tito’s and Wilson Hardware. Both establishments are working with staff to correct the violations. Staff is recommending a short review cycle to monitor the establishment’s compliance with their use permit conditions. Three (3) restaurants have closed since the previous review (November 2018): Mr. Days (SP #194), Clarendon Ballroom (U-2984-00-1) and OZ Restaurant & Bar (U-3467-16-1), for which use permits/site plan amendments are being discontinued. New use permits were approved for

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Ambar/Baba Bar (U-3533-19-1), Buena Vida/TTT/UP (SP362-U-19-1) and Renegade Coffee and Kitchen (SP194-U-19-3). No other issues have been identified at the time of this report.

BACKGROUND: The Clarendon Live Entertainment Group was formed in 2002 to connect

County staff, restaurant owners, and the surrounding communities and provide a forum to discuss concerns including, but not limited to, noise from patrons, police presence, parking, and other by-products of concentrated live entertainment use in Clarendon. The group currently meets on a bi-annual basis. Since 2002, the group of live entertainment establishments that operate in the Clarendon area has been reviewed by the County Board as a group every two years with administrative reviews in the intervening years. Currently, there are 16 establishments that participate in the group (Table 1).

Address / RPC: Please refer to the subject headings.

Neighborhood: The subject sites are located within or bounded by the

Clarendon-Courthouse Civic Association, the Lyon Park Civic Association, and the Lyon Village Citizen’s Association.

Zoning: All establishments are located in either the C-O Mixed Use District or C-3 General Commercial District.

GLUP: Establishments are located in the “High” Office-Apartment-Hotel, “Medium Density-Mixed Use”, or “Low” Office-Apartment-Hotel designation.

Figure 1. Aerial Locations

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Table 1. Clarendon Live Entertainment Group

Case # Restaurant Name Description _ApprovalOriginal Last Reviewed

SP #194 Mr. Days (Mister Days) Live Ent. & Dancing Jul. 1995 Nov. 2018 SP #194 Bar Bao Live Ent. & Dancing, _{Outdoor Seating} Nov. 2011 Nov. 2018

SP #333 Lyon Hall Live Ent. Sept. 2009 Nov. 2018

SP-194-U-16-1 Pamplona Live Ent. & Dancing May 2016 Nov. 2018

SP-397-U-15-1 Bracket Room Live Ent. Jun. 2015 Nov. 2018

SP-397-U-18-1 G.O.A.T. Live Ent. Mar. 2018 Nov. 2018

U-2861-95-1 Live Ent.

U-2866-96-3 Whitlow’s on Wilson Outdoor Seating Oct. 1995 Nov. 2016

U-2984-00-1 Clarendon Ballroom Live Ent. Jul. 2000 Nov. 2018

U-3114-04-1 O’Sullivan’s Live Ent. Mar. 2005 Nov. 2018

U-3233-09-1 Spider Kelly’s Live Ent. & Dancing Jan. 2010 Nov. 2018 U-3250-10-1 Northside Social Live Ent. & Outdoor

Seating May 2010 Nov. 2018

U-3310-11-2 Mexicali Blues Live Ent. Nov. 2011 Nov. 2018

U-3322-11-1 Don Tito Live Ent. & Dancing Jan. 2012 Nov. 2018 U-3346-12-2 Liberty Tavern Live Ent. & Dancing Oct. 2012 Nov. 2018 U-3467-16-1 Oz Restaurant & Bar Live Ent. & Dancing Nov. 2016 Nov. 2018

U-3486-17-1 Wilson Hardware Live Ent. Jun. 2017 Nov. 2018

SP362-U-19-1 Buena Vida/TTT/UP Live Ent. Jul. 2019 Jul. 2020 U-3533-19-1 Ambar Clarendon

and BABA Bar Live Ent. Jul. 2019 Jul. 2020

SP194-U-19-3 Renegade Kitchen & Coffee

Live Ent. & Dancing _{Nov. 2019} _{Dec. 2019} Restaurants in strikethrough are closed and use permits/site plan amendments are being discontinued.

Restaurants in bold have had use permits approved since the last review period (Nov. 2016).

DISCUSSION: The following details the existing use and staff assessment:

REVIEWED USE:

Types of Uses: Live Entertainment Dancing

Outdoor Seating ASSESSMENT:

Zoning Enforcement: Zoning Enforcement conducted site visits and confirmed that the restaurants are generally operating in compliance with the use permit/site plan

amendment conditions, with some exceptions noted below:

 The following restaurants had no issues during the review or minor issues, such as TIPS training, which were corrected immediately: O’Sullivan’s, Bracket Room, Don Tito’s, Mexicali Blues, Ambar/BABA Lounge, Buena Vida/TTT, Bar Bao,

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Lyon Hall, G.O.A.T, Spider Kelly’s, Whitlow’s on Wilson, Renegade Kitchen and Coffee and Wilson Hardware.

 The next set of restaurants had minor issues, such as incomplete TIPS training: Norrthside Social, Liberty Tavern, and Pamplona. None of these issues raised serious concerns from staff, and all applicants are working towards compliance. Code Enforcement: Code Enforcement has noted that two (2) establishments, Don Tito’s and Wilson Hardware have been cited for violations of the Virginia Maintenance Code. The applicants are working with staff to correct the violations.

Staff is awaiting the status the inspections for two establishments; O’Sullivan’s and Lyon Hall. During the inspection of the rest of the establishments within the CLEG, no issues were identified by staff.

Police Department: The Police Department reports no objections to the proposed renewals. There continues to be a decline in the severity and number of calls for service year to year. Additionally, 14 of the 16 establishments participate in the Arlington Restaurant Initiative (ARI) which provides trainings for responsible alcohol service (TIPS), fake identification detection, ABC code, and other process and best practices for establishments that serve alcohol. Refer to the attached memo for a summary of calls for service.

The Police Department has received several complaints about music being played on the roof. On October 31, 2020, officers observed that music was being piped from the second floor DJ to the roof and could be heard approximately two blocks away. Officers also observed customers being served alcoholic drinks while awaiting entry into the building. When notified the manager immediately corrected both problems (See attached memo). Fire Marshal’s Office: The Fire Marshal’s Office has not provided comment at the time of this report.

Virginia Alcoholic Beverage Control Board (ABC): VA ABC has not provided comment at the time of this report.

CPHD, Planning: Staff supports renewal of all the active use permits and site plan amendments for live entertainment (and dancing and outdoor seating as noted in the subject listing). Zoning Enforcement conducted inspections of all the establishments and noted only minor issues of compliance of condition language for three (3) establishments regarding TIPS training. The establishments are working with Zoning Enforcement to come into compliance. Code Enforcement also conducted inspections and cited two establishments, Don Tito’s and Wilson Hardware, for violations of the Virginia

Maintenance Code. Both establishments are currently working with staff to correct the violations. Staff also recommends a three-month administrative review to ensure that the violations are corrected.

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Since the last review in November 2018, the Police Department continues to see a decrease in the severity and number of calls for service. From 2018 to 2019 there was a 28.8% decrease in the number of calls to establishments within the CLEG. In 2020, calls have been significantly decreased due to impacts from the COVID-19 pandemic, down 72%. Additionally, Police have noted that establishments are implementing strategies of the ARI training and proactively engaging with the Police Department prior to the escalation of negative behavior.

During this review the Police Department has noted ongoing issues with use permit compliance regarding noise from the Don Tito’s. Officers observed music from their Live Entertainment provider being piped to the rooftop deck. Condition #4 of the use permit limits the playing of Live Entertainment providers from being broadcast to outside speakers. The establishment was also observed selling alcoholic beverages to patrons waiting in line outside of the building. Once the management was notified that this was not allowed, the activity was immediately stopped. Staff is recommending a three (3) month administrative review to monitor the establishment’s compliance with its use permit conditions.

Staff believes that continuing the uses will not: a.) adversely affect the health or safety of persons residing or working in the neighborhood, b.) be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and c.) conflict with the purposes of the master plans of the County. Therefore, staff recommends renewal of all subject use permits and site plan amendments with a one (1) year administrative review (November 2021) and three (3) months for Don Tito’s and Wilson Hardware (February 2021); and a County Board review in two (2) years (November 2022); and

discontinuance of three use permits and site plan amendments for establishments that have closed: Mr. Days (SP #194), Clarendon Ballroom (U-2984-00-1), and Oz Restaurant and Bar (U-3467-16-1).

PUBLIC ENGAGEMENT: Level of Engagement:

Communicate & Consult

This level of engagement is appropriate because staff does not expect the continued implementation and operation of the proposed uses to adversely impact the

neighborhood, and staff maintains communication throughout the year with the

community and businesses through the Clarendon Live Entertainment Group meetings and other outreach.

Outreach Methods:

 Public notice was given in accordance with the Code of Virginia §15.2-2204. Notices of the County Board hearing on the site plan amendments and use permits were

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placed in the October 20, 2020 and October 27, 2020 issues of the Washington Times for the November 14, 2020 County Board Meeting.

 Placards were placed in various locations surrounding the subject property within seven (7) days of the public hearing.

In addition to the above legal requirements:

 Civic associations, the Clarendon Alliance, and Station Square Residents were informed of the applications via email communication. The subject properties are located within the Clarendon-Courthouse Civic Association and adjacent to the Lyon Village and Lyon Park Civic Association’s.

Community Feedback: The next CLEG meeting is scheduled for November 19, 2020. Clarendon-Courthouse Civic Association (CCCA): The CCCA responded that they are supportive of the renewals.

Lyon Village Citizen’s Association (LVCA): The LVCA has not provided a response at the time of this report.

Lyon Park Citizen’s Association: The Lyon Park Citizen’s Association has not provided a response at the time of this report.

Clarendon Alliance: The Clarendon Alliance has not provided a response at the time of this report.

Station Square Residences: The Station Square Residences has no issues with the subject renewals.

CONCLUSION: All establishments in Clarendon have generally been operating in compliance

with their conditions and have not had undue adverse impacts on the surrounding properties. Live entertainment within a focused commercial district is an appropriate use of land, and contributes to the active, urban character of Clarendon. Therefore, staff recommends the following:

A, H, O: Discontinue:the subject site plan amendment and use permits listed below due to restaurants closing:

A. SP #194 SITE PLAN AMENDMENT for live entertainment and

dancing; located at 3100 Clarendon Blvd. (Mr. Days, RPC# 19-002-007).

H. U-2984-00-1 USE PERMIT for live entertainment; located at 3185

Wilson Blvd. (Clarendon Ballroom, RPC# 15-075-003).

O. U-3467-16-1 USE PERMIT for live entertainment and dancing; located

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B-C: Adopt the attached site plan amendment ordinance approving these site plan amendments for live entertainment (with dancing and outdoor seating where stated in the above subject listing), subject to all previously

approved conditions and to the amended and modified conditions in this report applicable only to the subject live entertainment, dancing, and/or outdoor seating (with dancing and outdoor seating where noted), with an administrative review in one (1) year (November 2021) and a County Board review in two (2) years (November 2022).

D-G, I-L, N,

Q-S: Renew the subject use permits for live entertainment (with dancing and outdoor seating where noted ), subject to all previously approved conditions in this report, with an administrative review in one (1) year (November 2021) and a County Board review in two (2) years (November 2022):

M, P: Renew the subject use permits for live entertainment, subject to all previously approved conditions in this report, with an administrative reviews in three (3) months (February 2021) and one (1) year (November 2021) and a County Board review in two (2) years (November 2022).

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SITE PLAN AMENDMENT ORDINANCE FOR SP #194 AND SP #333

WHEREAS, the following applications for Site Plan Amendments SP #194 and SP #333 (Site Plan Amendments) as described below were filed with the Office of the Zoning

Administrator:

B. SP #194 SITE PLAN AMENDMENT REVIEW to permit live entertainment and

dancing, and outdoor café seating in a public sidewalk easement; located at 3100 Clarendon Blvd. (Bar Bao, RPC# 19-002-007).

C. SP #333 SITE PLAN AMENDMENT REVIEW for live entertainment and dancing;

located at 3100 Washington Blvd (Lyon Hall, RPC# 19-006-196).

WHEREAS, as indicated in the Staff Report prepared for the November 14, 2020 County Board meeting and through comments made at the public hearing before the County Board, the County Manager recommends that the County Board approve the Site Plan Amendments, subject to numerous conditions as set forth in the Staff Report; and

WHEREAS, the County Board held a duly-advertised public hearing on that Site Plan Amendments on November 14, 2020 and finds, based on thorough consideration of the public testimony and all materials presented to it and/or on file in the Office of the Zoning

Administrator, that the improvements and/or developments proposed by the Site Plans as amended:

 Substantially comply with the character of master plans, officially approved

neighborhood or area development plans, and with the uses permitted and use regulations of the district as set forth in the Zoning Ordinance and modified as follows; and

 Functionally relate to other structures permitted in the district and will not be injurious or detrimental to the property or improvements in the neighborhood; and

 Are so designed and located that the public health, safety and welfare will be promoted and protected.

NOW THEREFORE, BE IT ORDAINED that, as originally requested by the following site plan amendment applications for live entertainment (with dancing as indicated below):

B. SP #194 SITE PLAN AMENDMENT REVIEW to permit live entertainment and

dancing, and outdoor café seating in a public sidewalk easement; located at 3100 Clarendon Blvd. (Bar Bao, RPC# 19-002-007).

C. SP #333 SITE PLAN AMENDMENT REVIEW for live entertainment and dancing;

located at 3100 Washington Blvd (Lyon Hall, RPC# 19-006-196).

For the Site Plan Amendments described above, approval is granted to the applicants and the establishments so described therein shall be subject to the following conditions but with an administrative review in one (1) year (November 2021) and a County Board review in two (2) years (November 2022):

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B. SP #194 – Bar Bao

37. The applicant agrees that live entertainment and dancing, and outdoor café seating in the public sidewalk easement permitted at Bar Bao at 3100 Clarendon Boulevard are

temporary uses only that have been approved for a limited two (2) year period, and not longer. During the two-year period, the use is permitted subject to all site plan conditions, and subject to the same reviews that could otherwise be made of any site plan use. The applicant further agrees that approval for the use will terminate after a period of two (2) years, on

November 30, 2020 2022, without further action by the County Board, unless otherwise approved prior to that date. The applicant agrees that it will cease use of the space for the

purposes of live entertainment and dancing, and shall convert the space to another approved use, or fully vacate the space, on or before November 30, 2020 2022. The applicant acknowledges and agrees that after November 30, 2020 2022, it shall have no right to use the space for live entertainment and dancing purposes or outdoor café seating in the public sidewalk easement unless specific approval for those uses are obtained from the County Board. In addition to all other conditions of this site plan, the applicant specifically agrees that the live entertainment and dancing and outdoor café seating uses shall be subject to the following additional conditions:

a. The outdoor seating area is permitted on Clarendon Boulevard and Washington

Boulevard as shown on the plans entitled “Outdoor Seating Plan (Mad Rose Restaurant),” dated April 17, 2011, revised through May 12, 2011, and attached to this report. The applicant agrees to maintain a minimum of eight (8) feet of clear sidewalk width along Clarendon Boulevard and a minimum of six (6) feet of clear sidewalk width along

Washington Boulevard. Clear sidewalk width shall be measured from the outer surface of the removable barrier. The outdoor seating shall be limited to a maximum total seating capacity of 73 seats.

b. The applicant agrees that any use of umbrellas in the outdoor seating area shall not contain any signs or interfere with pedestrian movement along the sidewalk. No outdoor fixtures shall display any sign messages unless a sign permit has been approved by the Zoning Office.

c. The applicant agrees that all outdoor seating including tables, chairs, and removable barriers, shall be removed from the sidewalk annually during the winter months

(December, January, and February). No outdoor seating equipment shall be stored on the sidewalk.

d. The applicant agrees that the barrier, as depicted on the plan and as required by code, shall be installed so that it is not permanently affixed to the sidewalk and cannot easily be moved by patrons; however, it shall be able to be removed by the applicant seasonally. e. The applicant agrees that the site plan amendment for an outdoor café shall be reviewed

by the County Board upon any change of tenancy of the subject space currently occupied by Bar Bao.

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f. The applicant agrees that live entertainment is permitted only from 9 p.m. to 1:30 a.m., Thursday, Friday, and Saturday nights; and 9 p.m. to 12:30 a.m. Sundays through Wednesdays.

g. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County and State Ordinances, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board (ABC).

h. The applicant agrees that on-site dedicated security shall be provided from 9:00 p.m. until closing on nights where bands or deejays are performing at the restaurant. The on-site security may consist of “in house” staff, so long as that staff is dedicated to security only. i. The applicant agrees to comply with the Arlington County noise ordinance and further

agrees that the restaurant’s windows and doors shall remain closed during the times of live entertainment except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the building or broadcast over loudspeakers outside of the

building. The applicant agrees that doors shall not be propped open during live entertainment.

j. The applicant agrees that all staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification.

k. The applicant agrees that dancing is not permitted until the applicant obtains a Dance Hall Permit from the Zoning Office.

l. The applicant agrees to post signs in windows telling patrons to respect the peace of residential neighborhoods and to avoid parking in the residential neighborhood where possible.

m. The applicant agrees to ensure that any patrons queuing outside should keep noise to a minimum.

n. The applicant agrees to make customers aware of proximity to Metro, available parking and any special parking arrangements through postings in the restaurant and on their website.

o. The applicant agrees to clean the sidewalk in front of its establishment each morning, including sweeping cigarette butts and litter that may have accumulated from any outdoor seating area, if applicable.

p. The applicant agrees to participate in the established Clarendon Live Entertainment Neighborhood Advisory Group, consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association, and

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representatives of various County staff including Police, Fire Marshal, Code

Enforcement, and Planning. The advisory group meets up to two (2) times per year and as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and

regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings. q. The applicant agrees to designate and make available a neighborhood liaison to

communicate with nearby residents and neighbors to address concerns which may be related to the live entertainment and an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name and telephone number shall be submitted to the Zoning Administrator and a copy sent to the Clarendon- Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association, and the Clarendon

Alliance.

r. The applicant agrees that the approval for live entertainment at 3100 Clarendon Boulevard is valid only for Mad Rose Bar Bao. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

C. SP #333 – Lyon Hall

81. The applicant agrees that live entertainment and dancing use permitted at Lyon Hall at 2100 Washington Boulevard is a temporary use only that has been approved for a limited two (2) year period, and not longer. During the two year period, the use is permitted subject to all site plan conditions, and subject to the same reviews that could otherwise be made of any site plan use. The applicant further agrees that approval for the use will terminate after a period of two (2) years, on November 30, 2020 2022, without further action by the County Board, unless otherwise approved prior to that date. The applicant agrees that it will cease use of the space for the purposes of live entertainment and dancing, and shall convert the space to another approved use, or fully vacate the space, on or before November 30, 2020 2022. The applicant acknowledges and agrees that after November 30, 2020 2022, it shall have no right to use the space for live entertainment and dancing purposes unless specific approval for that use is obtained from the County Board. In addition to all other conditions of this site plan, the applicant specifically agrees that the live entertainment and dancing use shall be subject to the following additional conditions:

1. Live entertainment shall be limited to live bands or DJ entertainment 8 pm – 1 am Thursday, Friday, and Saturday, and DJ entertainment only 8 pm – 1 am Sunday through Wednesday.

2. Live entertainment will only take place after the restaurant has obtained a Certificate of Occupancy and is open to the public for business.

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3. Live entertainment must take place only within the building. The windows and doors to the outside shall remain closed during the times of live entertainment, except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. The applicant shall comply with the Arlington County noise ordinance. No live entertainment shall be broadcast over loudspeakers outside of the building, and under no circumstances shall live entertainment be permitted outside of the building.

4. The applicant agrees to comply with all requirements of County and State Ordinances, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board.

5. The applicant agrees to participate in the established Neighborhood Advisory Group consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Civic Association, the Lyon Park Civic Association, and representatives of various County staff including Police, Code Enforcement, and Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings.

6. The applicant shall designate a neighborhood liaison to communicate with nearby residents and neighbors to address concerns which may be related to the live

entertainment and an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name and telephone number shall be submitted to the Zoning Administrator and a copy sent to the Clarendon-Courthouse Civic Association, the Lyon Village Civic Association, the Lyon Park Civic Association, and the Clarendon Alliance.

7. The applicant shall make customers aware of available parking and any special parking arrangements through postings in the restaurant and on their website.

8. The applicant agrees that the approval for live entertainment at 3100 Washington Blvd. is valid only for Lyon Hall. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

9. The applicant agrees that on-site dedicated security shall be provided from 9:00 p.m. until closing on nights that have bands or deejays whose primary purpose is to serve a dancing crowd. The on-site security may consist of “in house” staff, so long as that staff is

dedicated to security only.

10. The applicant agrees that all staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification.

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11. The applicant agrees that dancing is not permitted until the applicant obtains a Dance Hall Permit from the Zoning Office.

12. The applicant agrees to post sign signs inside the restaurant near the door telling patrons to respect the peace of residential neighborhoods and to please avoid parking in the residential neighborhood where possible.

13. The applicant agrees to ensure that any patrons queuing outside should keep noise to a minimum.

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The following Use Permits, are renewed for live entertainment (with dancing and outdoor seating where noted below), subject to all previously approved conditions, with an administrative review in one (1) year (November 2021) and a County Board review in two (2) years (November 2022):

D. Pamplona (SP-194-U-16-1)

1. The applicant agrees to the following live entertainment and dancing hours:

a. The applicant agrees that the hours for live entertainment inside the restaurant shall be as follows: 5 p.m. until 12:30 a.m., Monday through Thursday; 5 p.m. to 1:30 a.m., Fridays; 10 a.m. until 1:30 a.m., Saturdays; 10 a.m. until 12:30 a.m., Sundays; and 5 p.m. until 1:30 a.m., on the eve of all legal U.S. holidays.

b. The applicant agrees that the hours for dancing inside the restaurant shall be the same as for live entertainment inside except it would not begin before 5 p.m. any day.

c. The applicant agrees that the hours for live entertainment in the outdoor seating area shall be as follows: 5 p.m. until 12:00 a.m., Thursday and Friday; 10 a.m. to 12:00 a.m., Saturdays; 10 a.m. to 3 p.m. Sundays; and 5 p.m. until 12:00 a.m. on the eve of all legal U.S. holidays.

d. The applicant agrees that the hours for dancing in the outdoor seating area shall be the same as for live entertainment outside except it would not begin before 5 p.m. any day.

2. The live entertainment and dancing shall be consistent with the applicant’s leasing arrangement with the Piedmont – 3100 Clarendon, LLC.

3. The Applicant agrees that customer dancing shall not commence until the Applicant obtains a dance hall permit from the Arlington County Zoning Office.

4. The applicant shall make customers aware of available parking and any special parking arrangements through postings in the restaurant.

5. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County and State Ordinances, the Environmental Health Bureau, the Fire Marshal’s Office, the Police Department, Community Code

Enforcement Office and the Alcohol Beverage Control Board.

6. The applicant agrees to identify a liaison between the subject use and the neighborhoods. The liaison shall be empowered to address any concerns identified as emanating from the live entertainment. The name, telephone number, and electronic mail address of the liaison shall be provided in writing to the Zoning Administrator, The Clarendon Alliance, the Clarendon-Courthouse Civic Association and the Lyon Village Citizens Association. 7. The applicant agrees that live entertainment and dancing shall meet the noise limits

established in the Arlington County Noise Ordinance and further agrees that the

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except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. The applicant agrees that doors shall not be propped open during live entertainment.

8. The applicant agrees to share with other businesses the responsibility for picking up trash along 11th Street North between North Daniel and North Fillmore Streets, the 1000 block of North Edgewood Street and North Highland Street between Washington Boulevard and Clarendon Boulevard and the building's frontage along Washington Boulevard between North Highland Street and Wilson Boulevard. The applicant agrees that its share of this responsibility shall be defined in writing and provided to the Zoning

Administrator. The applicant agrees that its share of this responsibility shall be to pick up trash on these blocks the following morning after each Thursday, Friday, and Saturday before 9 a.m. Trash shall include bottles, cans, and any other trash that can be reasonably linked to the applicant's patrons.

9. The applicant agrees to participate in the established neighborhood advisory group consisting of representatives of the Clarendon Grill, Whitlow's on Wilson, Mister Days Sports and Rock Cafe, other live entertainment users in the area, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association and representatives of various County staff including Police, Code Enforcement, and Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live

entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings.

10. The applicant agrees to ensure that all restaurant staff are enrolled in the Police Department’s Training for Intervention Procedures (TIPS) training.

11. The applicant agrees that the types of live entertainment inside the restaurant would be limited to a DJ, small combos, small jazz groups, an individual guitarist or pianist, or similar style entertainment.

12. The applicant agrees that the types of live entertainment in the outdoor seating area would be limited to small combos, small jazz groups, an individual guitarist or pianist, or similar style entertainment.

14. The applicant agrees to post signs inside the restaurant near the door telling patrons to respect the peace of residential neighborhoods and to please avoid parking in the residential neighborhood where possible.

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16. The applicant agrees to clean the sidewalk in front of its establishment each morning, including sweeping cigarette butts and litter that may have accumulated from any outdoor seating area, if applicable.

17. The applicant agrees that the approval for live entertainment at 3100 Clarendon Blvd. is valid only for Pamplona, LLC. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

E. Bracket Room (SP-397-U-15-1)

1. The applicant agrees that live entertainment is permitted only from 8 p.m. to 12 a.m., Sunday through Thursday. The applicant further agrees that the live entertainment will be limited to no more than two (2) acoustic performers.

2. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County and State Ordinances, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board (ABC).

3. The applicant agrees to comply with the Arlington County Code Section 15, Noise Control, as may be amended, and further agrees that under no circumstances shall live entertainment be permitted in a location outside of the building or broadcast over loudspeakers outside of the building. The applicant agrees that doors and windows shall remain closed and shall not be propped open during live entertainment.

4. The applicant agrees that all staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification (or equivalent training accepted by the Alcohol Beverage Control Board (ABC)).

5. The applicant agrees that dancing is not permitted without a Use Permit Amendment. 6. The applicant agrees to post signs in windows which inform patrons to respect the peace

of residential neighborhoods and to avoid parking in the residential neighborhood where possible.

8. The applicant agrees to make customers aware of proximity to Metro, available parking and any special parking arrangements through postings in the restaurant and on their website.

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9. The applicant agrees to clean the sidewalk and plaza in front of its establishment each morning, including sweeping cigarette butts and litter that may have accumulated from any outdoor seating area, if applicable.

10. The applicant agrees to participate in the established Clarendon Live Entertainment Neighborhood Advisory Group, consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association, and representatives of various County staff including Police, Fire Marshal, Code

Enforcement, and Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings. 11. The applicant agrees to designate and make available a neighborhood liaison to

communicate with nearby residents and neighbors to address concerns which may be related to the live entertainment and dancing, an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment and dancing. The name, telephone number, and

electronic mail address (if available) of the neighborhood liaison shall be submitted to the Zoning Administrator and a copy sent to the Clarendon-Courthouse Civic Association, Lyon Village Citizens Association, Lyon Park Citizens Association, and the Lyon Place apartment Civic/Citizens’ Association(s) prior to commencing the live entertainment. 12. The applicant agrees that the approval for live entertainment at 1210 N. Garfield Street is

valid only for Bracket Room. Any other tenant occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

F. G.O.A.T (SP-397-U-18-1)

1. The applicant agrees that live entertainment and dancing is permitted only from 8 p.m. to 1:30 a.m., Monday through Friday, and 12 p.m. to 1:30 a.m. Saturday and Sunday.

2. The applicant agrees to comply with all applicable requirements of County ordinances and State statutes, including by way of illustration and not limitation, the laws and regulations enforced by the Community Health Protection Bureau, the Fire Marshal, the Police Department and the Alcohol Beverage Control Board (ABC).

3. The applicant agrees to comply with the Arlington County Code Chapter 15, Noise Control, as may be amended, and further agrees that under no circumstances shall live entertainment and dancing be permitted in a location outside of the building or broadcast shall remain closed and shall not be propped open during live entertainment and dancing.

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4. The applicant agrees that all staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification (or equivalent training accepted by the Alcohol Beverage Control Board (ABC)). The applicant agrees to keep a record of TIPS training certification for all restaurant staff, including all new staff, and submit this information to the County upon the County’s request.

5. The applicant agrees that dancing is not permitted unless and until a dance hall permit for dancing is obtained from the Zoning Office.

6. The applicant agrees to post signs in windows which inform patrons to respect the peace of residential neighborhoods and to avoid parking in the residential neighborhood where possible.

8. The applicant shall make customers aware of proximity to Metro, available parking and any special parking arrangements through postings in the restaurant and on their website. 9. The applicant agrees to clean the sidewalk in front of its establishment each morning,

including sweeping cigarette butts and litter that may have accumulated from any outdoor seating, if applicable.

11. The applicant agrees to participate in the established Clarendon Live Entertainment Neighborhood Advisory Group, consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association, and representatives of various County staff including Police, Fire Marshal, Code

Enforcement, and Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings. 12. The applicant agrees to designate and make available a neighborhood liaison to

communicate with nearby residents and neighbors to address concerns which may be related to the live entertainment and dancing, an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment and dancing. The name, telephone number, and

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Zoning Administrator and a copy sent to the Clarendon-Courthouse Civic Association prior to the issuance of a certificate of occupancy.

13. The applicant agrees that the approval for live entertainment and dancing at 3028 Wilson Boulevard is valid only for the current tenant/owner of G.O.A.T. In the event that any other tenant/owner occupies the premises, the use permit shall be subject to review and renewal by the County Board at the time of such change in occupancy.

G. Whitlow’s on Wilson (U-2681-95-1 & U-2866-96-3)

1. On Sundays, Mondays, and Tuesdays, live entertainment shall be limited to exclusively acoustic music. On Wednesdays, live entertainment shall be limited to primarily acoustic music ("Primarily acoustic" envisions a mixture of acoustic and electric instruments playing in what would still be considered an "acoustic" setting where non-acoustic instruments would play softly enough so as not to overwhelm the acoustic instruments in the group. One example is a Jazz combo with an electric guitarist. Another is a Bluegrass band with an electric bass.) Live entertainment shall be limited to the hours between 6:00 p.m. and midnight on Sundays, Mondays, Wednesdays, and Thursdays. All amplified live entertainment shall be limited to Thursday, Friday, and Saturday evenings and New Year’s Eve. Live entertainment on Fridays, Saturdays and New Year’s Eve shall be limited to the hours between 6:00 p.m. and 1:00 a.m. There shall be no amplified music after 11:00 p.m. in rooms, such as the Sand Bar, which have not received the full noise abatement treatment ("Full noise abatement treatment" includes two layers of acoustic draping, double-glazed tempered glass, and acoustical sound tiles).

2. The applicant shall post signs inside the restaurant that are clearly visible to patrons, telling patrons to respect the peace of the residential neighborhoods and discouraging parking within the residential neighborhood across Wilson Boulevard from the site. Information on parking should also be posted on their website.

3. The applicant shall designate a neighborhood liaison or liaisons to communicate with nearby residents and neighbors to address concerns, which may be related to the live entertainment. Whitlow's will address late-night complaints about loud music

immediately upon receiving the complaint. The restaurant owner, manager, or other company representative shall be available during the hours of live entertainment to address concerns from citizens by telephone or in attendance. The name and telephone number of the liaison(s) shall be submitted by the applicant to the President of the

Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, and the Zoning Administrator.

4. All bands shall use the Whitlow's side door on Wilson Boulevard to load their equipment after completing their performance(s).

5. All doors, windows, or other openings shall remain closed during the hours of live entertainment. except for the purposes of entry, egress, and other intermittent uses, such

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as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the building or broadcast over loudspeakers outside of the building. The applicant agrees that doors shall not be propped open during live entertainment. All acoustic drapes shall also remain closed during hours of live entertainment.

6. The applicant shall pick up litter along North Fillmore Street between Clarendon Boulevard and North Franklin Street, on Monday and Friday mornings.

7. Whitlow’s will work with the Lyon Village Citizens Association to develop a sound management plan which assures that sound from all live entertainment does not create a noise disturbance, as determined in accordance with measurement standards agreed upon by Whitlow’s and the Lyon Village Citizens Association, within the nearby residential area. More specifically:

a. Whitlow’s will work with nearby neighbors to pre-determine which

frequency/decibel levels can be heard within their homes and/or cause a noise disturbance in the neighborhood.

b. Whitlow’s will use these pre-determined levels to monitor and adjust the live entertainment sounds.

c. Whitlow’s will respond immediately to complaints from neighbors about music emanating from Whitlow’s and take measures to adjust the live entertainment sounds to acceptable levels.

d. Whitlow’s will book bands according to their ability to comply with these noise requirements.

e. Monitoring of and compliance with the sound management plan shall be the responsibility of the Lyon Village Citizens Association, and not Arlington County, in accordance with measurement standards agreed upon by Whitlow’s and the Lyon Village Citizens Association, and as set forth in the sound

management plan. The sound management plan does not exempt Whitlow’s from compliance with applicable Arlington County Code ordinances and enforcement. 8. The applicant agrees to comply with all requirements of County and State Ordinances,

the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board.

9. The applicant agrees that music resulting from the live entertainment shall comply with the limits established in the County Noise Ordinance.

10. The applicant agrees to participate in the established Neighborhood Advisory Group consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Civic Association, the Lyon Park Civic Association, and representatives of various County staff

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including Police, Code Enforcement, and Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings.

16. The applicant agrees that the approval for live entertainment at 2854 Wilson Blvd. is valid only for Whitlow’s on Wilson. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

I. O’Sullivan’s (U-3114-04-1)

1. The applicant agrees to meet the requirements of the Community Code Enforcement Office, Environmental Health Bureau and the Fire Marshal's Office, including securing the appropriate assembly permit prior to the issuance of a Certificate of Occupancy. 2. The applicant agrees to limit the live entertainment to 6 p.m. to 1:30 a.m. Monday

through Saturday and 2 p.m. to 1:30 a.m. Sunday.

3. The applicant agrees that there shall be no dancing by musicians or customers and that no customer dancing shall be permitted prior to securing the required dance hall permit. The applicant further agrees that should the applicant desire to provide dancing, a site plan amendment and dance hall permit must be obtained.

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4. The applicant agrees to ensure that all doors and windows shall remain closed during the hours when live entertainment is offered. except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the building or broadcast over

loudspeakers outside of the building. The applicant agrees that doors shall not be propped open during live entertainment.

5. The applicant agrees that the approval for live entertainment at 3207 Washington Blvd. is valid only for O’Sullivan’s. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

6. The applicant agrees to identify a liaison between the subject use and the neighborhoods. The liaison shall be empowered to address any concerns identified as emanating from the live entertainment. The name and telephone number of the liaison shall be shared with the Zoning Administrator, the Clarendon-Courthouse Civic Association, the nearby Lyon Village Citizens Association and the Clarendon Alliance.

7. The applicant agrees to participate in the established neighborhood advisory group consisting of representatives of several of the live entertainment establishments in the Clarendon area, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Citizens Association and

representatives of various County staff including Police, Code Enforcement, and

Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live entertainment uses. One (1) of the

meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings.

8. The applicant agrees that music resulting from the live entertainment shall comply with the limits established in the County Noise Ordinance.

9. The applicant shall make customers aware of available parking and any special parking arrangements through postings in the restaurant and on their website.

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J. Spider Kelly’s (U-3233-09-1)

1. Live entertainment is permitted from 4 p.m. to 12 a.m., Monday through Wednesday; 4 p.m. to 1:30 a.m. Thursday and Friday; 11 a.m. to 1:30 a.m. Saturday and the eve of all Federal Holidays; and 11 a.m. to 12 a.m. Sunday with the restriction that live bands are limited to Thursday, Friday, Saturday and the eve of all Federal Holidays. For the purposes of this condition, a "live band" is defined as a group of musicians employing a drum kit, a PA system (other than the house speakers) and full amplification (i.e.

nonacoustic groups). The term "live band" does not apply to deejays, emcees, smaller groups of musicians, karaoke or other types of entertainment.

2. The applicant agrees that on-site, dedicated security shall be provided from 9:00 pm until closing on nights that have bands or deejays. The on-site security may consist of “in house” staff, so long as that staff is dedicated to security only.

3. The applicant shall comply with the Arlington County noise ordinance and the windows and doors shall remain closed during the times of live entertainment except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the

building or broadcast over loudspeakers outside of the building.

4. All staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification.

7. The applicant agrees to participate in the established Neighborhood Advisory Group consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association, and representatives of various County staff including Police, Code Enforcement, and Planning. The advisory group meets at least two (2) times per year and as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational

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seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings.

entertainment and an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name and telephone number shall be submitted to the Zoning Administrator and a copy sent to the Clarendon-Courthouse Civic Association, the Lyon Village Civic Association, the Lyon Park Civic Association, and the Clarendon Alliance.

9. The applicant shall make customers aware of proximity to Metro, available parking and any special parking arrangements through postings in the restaurant and on their website. 10. The approval for live entertainment at 3181 Wilson Blvd. is only valid for Spider Kelly’s.

Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

K. Northside Social (U-3250-10-1)

1. Live entertainment is permitted from 4 p.m. to 9 p.m., Sunday through Wednesday; 4 p.m. to 12 a.m. Thursday through Saturday, and the eve of all Federal Holidays with the restriction that live bands are limited to Thursday, Friday, Saturday and the eve of all Federal Holidays. For the purposes of this condition, a "live band" is defined as a group of musicians employing a drum kit, a PA system (other than the house speakers) and full amplification (i.e. non-acoustic groups). The term "live band" does not apply to deejays, emcees, smaller groups of musicians, karaoke or other types of entertainment.

2. The applicant shall comply with the Arlington County noise ordinance and the windows and doors shall remain closed during the times of live entertainment except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the

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3. All staff serving alcohol to customers shall have TIPS (Training for Intervention Procedures) certification.

6. The applicant agrees to participate in the established Neighborhood Advisory Group consisting of representatives of the Clarendon live entertainment establishments, the Clarendon Alliance, the Clarendon-Courthouse Civic Association, the Lyon Village Citizens Association, the Lyon Park Civic Association, and representatives of various County staff including Police, Code Enforcement, and Planning. The advisory group meets at least two (2) times per year and more as necessary to work through issues associated with the live entertainment uses. One (1) of the meetings will consist of an educational seminar to review requirements and regulations of various departments, codes, and policies. The applicant agrees to have a representative with management authority in the restaurant attend all such meetings.

entertainment and an onsite liaison that shall be available during the hours of the business operation to receive and respond to community concerns regarding the live entertainment. The name and telephone number shall be submitted to the Zoning Administrator and a copy sent to the Ballston-Virginia Square Civic Association, the Clarendon-Courthouse Civic Association, the Lyon Village Civic Association, the Lyon Park Civic Association, and the Clarendon Alliance.

8. The applicant shall make customers aware of proximity to Metro, available parking and any special parking arrangements through postings in the restaurant and on their website. 9. The approval for live entertainment at 3211 Wilson Blvd. is only valid for Northside

Social. Any other tenant/owner occupying the premises shall not be permitted to have live entertainment without prior approval of the County Board.

10. The outdoor seating area is permitted on the plaza on Wilson Boulevard as shown on the plans entitled “Outdoor Seating Plan,” and attached to this report. The seating area shall leave a minimum of six (6) feet of clearance width along all sides of the perimeter for pedestrians. The outdoor seating shall be limited to a maximum of 16 tables with a maximum total seating capacity of 64 seats.

11. The applicant agrees that any use of umbrellas in the outdoor seating area shall not contain any signs or interfere with pedestrian movement along the sidewalk. No outdoor

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fixtures shall display any sign messages unless a sign permit has been approved by the Zoning Office.

L. Mexicali Blues (U-3310-11-2)

1. The applicant agrees that acoustic live entertainment is permitted only from 5 p.m. to 7 p.m. seven days per week. Non-acoustic live entertainment (live bands, DJ, and karaoke) shall be permitted only from 10 p.m. to 12:30 a.m. Fridays and Saturdays.

2. The applicant agrees to comply, by way of illustration and not limitation, with all applicable requirements of County and State Ordinances, the Environmental Health Bureau, and the Fire Marshal, the Police Department and the Alcohol Beverage Control Board (ABC).

dedicated to security only during the hours of live entertainment.

4. The applicant agrees to comply with the Arlington County noise ordinance and further agrees that the restaurant’s windows and doors shall remain closed during the times of live entertainment except for the purposes of entry, egress, and other intermittent uses, such as serving an outdoor seating area. Under no circumstances shall live entertainment be permitted outside of the building or broadcast over loudspeakers outside of the

building. The applicant agrees that doors shall not be propped open during live entertainment.