Dear Mr. Kerr:

I am enclosing a copy of the report I received from the County Manager responding to questions that were raised during the April 3 civic association meeting.

As always, it was a pleasure to visit Barcroft and have the opportunity to hear what was on people's minds. Thank you for inviting me.

Please do not hesitate to contact me if I can be of further help to you, on this or any other matter.

Sincerely,

Christopher Zimmerman

Vice Chairman

TO: Christopher E. Zimmerman, Vice Chair
Arlington County Board

FROM: Anton S. Gardner
County Manager

SUBJECT: Additional Information on the Hi Cue Incident

The following points respond to your questions from the Barcroft Civic Association meeting on April 3.

• Upon learning of the two acts of violence on March 22 and 23 in the parking lot immediately outside the Hi Cue, 940 South George Mason Drive, the County Manager's Office requested reviews of County records by agencies that had previous contact with the business. The purpose of the reviews was to insure that the business itself was in compliance with applicable County codes and regulations. These reviews of existing files involved a variety of agencies including Human Services, Fire, Police, Community Planning and Housing Development, and offices concerned with licenses and revenue collection. No violations of County codes or regulations were noted, and the business was determined to be in full compliance with County requirements as of the dates of the reviews. Subsequent regular reviews of the business indicate that, other than two minor violations for ice and food handling and one for a broken tile noted by the Division of Environmental Health, it is in compliance with applicable codes and regulations.

• Given that the business was operating as a legitimate enterprise and that the relationship of the business to the acts of violence in the parking lot remains unclear, County staff initiated no efforts to develop a rationale under which the business may be prevented from operating. Staff did review correspondence relating to an incident that occurred in late 1992 which generated requests to revoke iicenses and permits for the Hi Cue business. This review reconfirmed that any effort to close a business operating legitimately and in compliance with existing laws has no legal justification, including the use of the Virginia Public Nuisance Law which requires the business to be engaged in prostitution, illegal beverage violations, or illegal drug activity.

• As reflected in your message to me, the property owner's lease with the lessee stipulates that the business may not operate beyond 2:30 a.m. According to a review of documents prepared in early 1993 in response to a series of similar questions raised as a result of the 1992 incident, there does not appear to be any County regulation that further restricts the hours of operation of the business. The establishment does not have an alcoholic beverage license, nor does it serve alcoholic beverages. Consequently, the hours of operation are not regulated by the ABC. Additionally, the Hi Que business is in a "C2" district. A use permit is not required under the Arlington County Zoning Ordinance because billiard parlors or pool halls are permitted by right in "C2" zoning districts. Further, any new zoning regulation requiring a special use permit for pool halls wouid not immediately have impact upon the Hi Cue business, as it wouid be deemed to be a legal nonconforming use and the business wouid have a vested right to continue its use until a substantial change in the use is made.

  Since our information prepared in 1993 did not directly address the question of whether the County currently has the authority to restrict the hours of operation of pool halls or billiard parlors, nor whether how such authority may be sought, I will forward this matter to the County Attorney and seek legal guidance from that office.

• With respect to the issue of police deployment in the area, the Police Department utilizes a complex and comprehensive criteria to determine assignment of law enforcement personnel. A copy of the criteria is attached for your review.

Please let me know if there is other information you require.

Attachment

This page was revised on: July 29, 2006.