In 2002 the management began pursuing a liquor license for the establishment. Many protested, including the Arlington County Board, the Arlington County Police Department, various adjacent neighborhoods, Assemblyman Al Eisenberg, Assemblyman Adam Ebbin and others. Below are some "quick notes" on what happened on April 19, 2004 when the Virginia Alcoholic Beverage Control Board held a hearing on the application. It may help you understand what a Virginia ABC Board hearing is like.

July update: Happily, Hi Cue lost, and the license was denied. Here is the final decision.

Attendees:

Applicant: Mrs. Jong Choi, current manager, Hi Cue Billiards
Representing the Applicant: W. Thomas Yi, 703-750-0725
Testifying in favor: None (besides the Applicant)

Representing the Opposition:
Lane Nemirow, Esq., Douglas Park (pro bono)
Assisted by: County Attorney Stephen MacIsaac as Interested Party rep.

Testifying against: Albert C. Eisenberg, Member Virginia House of Representatives
Adam Ebbin, Member Virginia House of Representatives
Christopher Zimmerman: Member, Arlington County Board
Lt. James Daly, Arlington County Police Department
Irene Brown, Arlington County Police Records Custodian
Rebecca Krafft, Douglas Park Civic Association
Reid Goldstein, Douglast Park Civic Association
Eric Harold, Barcroft School and Civic League

Audience: Elaine Squeri, Barcroft
Randy Swart, Barcroft (note-taker)
Pat Williamson Edwards, Barcroft
Several others not identified

Location: Virginia Alcoholic Beverage Control Board offices in Alexandria.

There was a court reporter. All testimony was sworn. Statements in response to questions are not usually identified as any different from the rest of anybody's testimony, and some may be out of order and duplicate testimony not listed twice.

Abbreviations

Yi objected to Nemirow's representing the Objectors because he is not a member of the Virginia Bar. Ms. Williamson ruled that he could do so, since bar membership is not a requirement for representing parties in an ABC hearing.

Nemirow asked Yi to stipulate to two points: murders had occurred ...(and one other I did not get). Yi agreed to stipulate only to the point that murders had occurred.

The formal hearing began.

Agent Kehoe was the first witness. He said the application was first received April 5, 2002, two years ago. During the investigation he encountered numerous objections from the community. The lease was extended in July of 2003. It states in Page 2 Paragraph 5 that no alcoholic beverages can be served. The Objectors have raised two charges: property values and quietude will be affected, the establishment has a past history of public safety issues and clients are undesirable. Police and residents believe that alcohol will make that worse. He described the property and introduced aerial photos provided by the Arlington County Police Department. There are two off-premises licensees in the shopping center, the Rite Aid drug store and the Food Lion grocery. This license application was delayed because the applicant did not submit required documents for a long time. Around the shopping center there is a mix of townhomes, single family and high rise, with townhomes within 100 yards (roughly) of HC, while high rise and apartments are across major roads, perhaps 200 yards. Other establishments with on-premises licenses are nearby-several hundred yards. He does not know landlord's current position on the lease prohibition of alcohol.

Al Eisenberg testified that he had become familiar with the HC problem while he had been a member of the Arlington County Board. He considers the establishment uniquely bad in Arlington. The record is alarming. Three murders is astonishing in a County with only 1 to 10 murders per year, averaging 4 to 6. Code standards are not being met. Alcohol would "pour gasoline on an already incendiary situation." The record demonstrates severe problems even without serving alcohol. A number of restaurants in the area serve alcohol. This kind of record should automatically require ABC license denial, and he is willing to work with ABC on legislation to make that a part of Virginia law. Gatherings at HC spill over into violence, including homicides. During his 15 years on the County Board from 1984 to 1999, Board members heard from citizens on the HC problem. No other establishment came close to the level of HC complaints or generated the same type of complaints. HC was beyond the norm. He described the surrounding area, HC in close proximity to townhouses, as well as several houses on George Mason Drive. With a liquor license the problems would be worse. Complaints came from people who were frightened by the murders. There may have been activity inside as well as in the parking lot-the police record will show that. Can't remember that any other establishment with pool has caused the problems that this one has.

Adam Ebbin testified that adding alcohol would impact this location already hit with serious violent crimes. The threat to public safety is too great to issue the license. In response to a question from Yi he said he had not personally experienced excess noise or seen lewd behavior at HC. In response to a Nemirow question he testified that granting the license would interfere with the peace and quietude of the neighborhood and would contribute to the deterioration of public order in the neighborhood.

Chris Zimmerman testified that the Arlington County Board recommends denial of this application. He entered into the record a letter from Chairman Barbara Favola asking that the application be denied. (Yi objected to entering in as evidence the attachment summarizing the incidents, but the attachment was already in the record submitted directly by the ACPD.) Chris submitted for the record a letter dated March 31, 2004 from Howard Sharpe, owner of the shopping center, stating that Sharp has no intention of modifying the no alcohol provision of the lease. Yi objected to entering the letter as evidence, saying it was contrary to his understanding. Ms. Williamson did not rule immediately on the introduction of the letter. Chris said that the complaints are most unusual. Citizens in this area usually do not object to a new ABC license and welcome new activity. Violent activity is associated with this establishment and the Board asks ABC to deny the application. He has never seen another Arlington establishment with this level of violent activity. Murders affect the way people feel about where they are living. There are two elementary schools nearby. Police said the violence was associated with HC, not just something happening in a parking lot. Residents in this area are generally accepting of businesses bringing new activity to the area. A Use Permit is not required, so the County Board has no discretion. Arlington has 5 or 6 other establishments with billiards without particular problems-Whitlows, one in Shirlington, Thomas Jefferson Community Center and one on Shirlington Road. Yi: is source of problems HC or just the large parking lot? Would smaller parking lot have problems? CZ: The parking lot is not causing the problem, HC is. Other large parking lots in the area do not have such problems. Residents are concerned about possible violence when they let their kids walk to school. If they visit the grocery or drug store at certain hours, should they take their kids along? In response to a question from Yi he said he had not personally experienced excess noise or seen lewd behavior at HC. In response to a Nemirow question he testified that granting the license would interfere with the peace and quietude of the neighborhood and would contribute to the deterioration of public order in the neighborhood.

Lt. Jim Daly testified that his testimony and recommendation against the granting of the license represented the official position of the ACPD, and they have submitted a letter from the Police Chief to that effect. Deputy Chief for Operations Rebecca Hackney is in agreement as is the Commander for the Third Police District, Captain Michael Dunne. Lt Daly had assembled 61 police reports of problems in the area and had selected 47 that specifically mentioned HC. The crimes included 28 crimes against people and 18 crimes against property. In addition to the three homicides in 1992, 1997 and 2001, there was one conspiracy to commit murder arrest, assaults, assaults by mob, drugs (possession of marijuana), weapons violations and 5 malicious woundings. He presented an analysis with graphs of the types of crimes and incidents involved to distinguish the more serious ones. In the 2001 homicide that he had personal knowledge of, the man who stabbed and killed another man was not charged because the stabbing was ruled in self-defense. The man had been under attack by six men with aluminum baseball bats, two of whom had entered HC to seek him out. Police reports are not subject to FOIA requests, and can not be entered into public record in a hearing but the Hearing Examiner could review them in camera. Ms. Williamson declined to do that, saying she wanted something for the public record. With prompting from Mr. MacIsaac the PD agreed to provide summaries of the reports within three business days of the hearing. Ms. Williamson said she would hold the record of the hearing open for 10 days to receive the report summaries and other documents. Lt. Daly testified that there are off-duty ACPD officers providing security at HC now, paid by the HC management. But by long-standing ACPD policy, off-duty officers cannot work at an establishment that serves alcohol. Gang members frequent HC. Alcohol will make it worse. Gang activity has been identified by the ACPD's gang unit and by homicide detectives. Only three police reports were generated in the last three years: narcotics, malicious wounding and a self-inflicted gunshot wound by a HC patron who took friends out to his car to show them his new gun and accidentally shot himself. All other incidents were prior to 2000. The reason for the decline in incidents is the presence of off-duty ACPD officers, one per shift on Friday and Saturday from 11pm to closing after 3am. Police resources can be affected by high levels of crime, since responding to a call can take 25% of the available officers. HC is the only all-night spot of its kind in the area. The majority of crimes against people were after 11:30pm. The worst incidents were the homicides. A man was arrested while playing pool on a conspiracy to commit murder warrant from another jurisdiction. The ACPD policy is not to provide off duty officers where serving alcohol is the primary business. Other officers when informed that he was coming to the hearing were surprised that HC would be applying for a license because it already has such a reputation for threat to public safety issues. If HC gets a license the off-duty officers could not work inside. There is one establishment serving alcohol in the Clarendon area which is permitted due to neighborhood complaints to hire off-duty officers to police the surrounding area to stop littering, parking violations, etc., but they do not work inside. Several years ago the ACPD looked at serious crimes (Part One Offenses) at other pool halls and found a much lower level of incidents at the others based on reports from 1999-2000. Champions was included: 20 incidents vs. 38 for HC, although Champions serves alcohol. They are similar in size, and although Champions is located in an industrial area, there are apartments in the Nauck neighborhood just up the hill behind it. In the past three years HC incidents have included a marijuana offense (outside), the gunshot wound (outside) and a stolen pool cue inside. The 2nd homicide in 1997 involved gangs. In case of a crime a private security officer can only call the ACPD to respond, and may not even make the call. The murder in 1997 occurred while the private guard was there. A uniformed police officer is a deterrent to crime compared to a uniformed security guard. The policy of not providing off-duty officers for establishments serving alcohol is a long-standing ACPD policy. In response to a Yi question Lt Daly said he was not aware of HC being charged with a crime. The ACPD will get the record summaries to Yi for review within three working days.

Irene Brown testified that the records Lt Daly used were accurate. Yi again complained about not having the full reports. Brown explained that they were not releasable, even under FOIA requests.

(Someone noted at some point in the proceedings that the reports can be subpoenaed by a court of law.)

Rebecca Krafft testified that the Douglas Park Civic Association has passed a resolution opposing the granting of an ABC license to Hi Cue. She described the public meeting organized by the Columbia Pike Revitalization Organization after the 2001 murder, where a large number of attendees including County, neighborhood and HC people reviewed the measures HC had taken after the 1997 murder and found them laudable, even though they had not been able to prevent more violence and another murder. DPCA circulated a paper and electronic petition against the license and collected 208 names. In addition a businessman developing residential property nearby at Glebe and Columbia Pike-John Cowles-submitted a letter of opposition. The petition became Exhibit 8, but Yi objected to the email submissions as unverified with no level of authentication. Rebecca noted that DPCA had asked for personal data from those sending emails and Reid Goldstein would speak to that. DPCA is concerned about the "black mark" on peoples' perceptions of the neighborhood. Doctor's Run park is nearby (3/4 mile) and granting a license could result in more public drunkenness, littering, etc. In response to a question from Yi she said she had not personally experienced excess noise or seen lewd behavior at HC. In response to a Nemirow question she testified that granting the license would interfere with the peace and quietude of the neighborhood and would contribute to the deterioration of public order in the neighborhood. She will submit a copy of the 1997 CPRO agreement on measures related to HC. She located for the judge the parks and Randolph Elementary school on the aerial photos.

Reid Goldstein testified that DPCA asked all electronic petition signers to verify their name, address and phone number. DPCA conducts a lot of its business electronically and has about 185 members on its list-serv. When Yi again objected to accepting the emails as evidence Williamson said she will rule on that later. She wants to see the outgoing email message, which nobody had with them. (Nemirow noted that the signatures on the paper petition were not verified either, implying similar levels of authentication. ) Reid testified that the community's response is to the problems at HC, not to the applicant. After 1997 HC took measures: limited hours, photocopying of id cards, upgraded lighting in the parking lot, hiring off-duty police officers. In the 2001 meeting after the latest homicide, everyone agreed that HC had tried to improve, but the situation was still "out of control," and alcohol will make it worse. Actually it is widely thought up and down Columbia Pike that there have been four murders. Despite the management's measures, HC is still attracting people with mayhem on their minds. The Columbia Pike Revitalization Organization has been aware of the problems and is concerned. In response to a question from Yi he said he had not personally experienced excess noise or seen lewd behavior at HC. In response to a Nemirow question he testified that granting the license would interfere with the peace and quietude of the neighborhood and would contribute to the deterioration of public order in the neighborhood.

Eric Harold testified that the Barcroft School and Civic League's concerns go back for years. A symbol of that was seen when the County Board conducted a neighborhood walk-around in 1999 to look at Barcroft's problems and then-President of the BSCL Mark Wigfield led the event with a pool cue in his hand. Barcroft is concerned about public safety. Alcohol is prohibited by HC's lease, and the property owner has written two letters to Arlington County saying he will not change that. There have been many crimes at HC and the murders. The current decline in incidents is related to the use of off-duty police officers, and that will be lost if the license is granted. The Arlington County Board, the ACPD, adjacent neighborhoods, Delegates Eisenberg and Ebbin and the petition signers are all opposed to the granting of this license. Barcroft has a population of about 3,000, with two elementary schools and three churches as well as the parks. In response to a question from Yi he said he had not personally experienced excess noise or seen lewd behavior at HC. In response to a Nemirow question Eric testified that granting the license would interfere with the peace and quietude of the neighborhood and would contribute to the deterioration of public order in the neighborhood.

Rebecca Krafft returned to the witness stand to testify about Exhibit 10, a letter from Columbia Forest Civic Association signed by President Paul Benda to the ABC Board. She characterized the letter as "firm opposition to granting the license," and said the letter resulted from an April 5 meeting among the neighborhoods concerned. Yi objected to entering the letter into the record, stating that in light of the police testimony on incidents at HC the letter seems inaccurate, and the signature was not authenticated. Williamson said that in any event the testimony of Lt. Daly would "trump anything in the letter."

Agent Kehoe testified again with the hours of operation for HC and the other businesses in the shopping center: Rite Aid: 8am to 10pm 7 days Hair salon: 9am 7pm Mon-Sat, 10am to 4pm Sundays Barbershop: 9am to 7:30pm Monday-Saturday, closed Sundays Food Star grocery: 8am to 9pm Coin Operated laundry: ? HC: 11am to 3:30pm 7 days

Nemirow spoke of his motion for dismissal of the case, said he will not press it since Williamson had said she strongly prefers not to rule from the chair. Yi said he believes that the Objectors have no right to make such a motion.

Williamson asked if there were any other witnesses who wished to speak. No takers.

Barbara Favola's letter is included in the record without attachment.

Opponents rested.

Mrs. Choi testified that she has been a shareholder since 1996 and is the current operator of HC.
(Some of her testimony was difficult to understand, and in some cases appeared to be contradictory, perhaps because she has some difficulty expressing herself in English and did not articulate all the distinctions she was making.)
Mrs. Choi worked 60 hour weeks until 2000, but now shares duties with her husband to leave more time for family obligations and works 20 to 30 hours a week. She experienced only one incident in all that time in the establishment, when she herself spotted a patron wearing a bandana that she suspected might be gang-related and called police to report it. She saw a lot of beer bottles and trash in the parking lot and picked up out there. She does not know where the bottles came from but there are two stores selling beer in the shopping center. The public phones attract loiterers, some of them with no shirts. There is graffiti. After the 2001 murder she installed a 24-hour security camera. They hold the pool table renter's id. They have hired off-duty police officers since 1997. Since the 2001 murder there has been improvement. The graffiti is gone. Police hours have not changed. She tries her best to run a decent establishment. Her husband is a manager, as well as Man Chan (nights), Edith Menjares (days). Williamson asked several questions about the managers and their hours (without explaining why it was important). Choi testified that to her knowledge there had only been two incidents outside Hi Cue during her work hours since 1996. One was a gunshot, and one was a knife confiscated. Working inside she does not know when something is happening outside until she sees flashing police car lights. Nemirow asked her repeated questions about what she remembered, and asked if she disputes the police testimony. [I believe she may have said she did dispute it.] She said no one had been arrested inside, [perhaps meaning no one she had seen] then later that even though she was on duty she was unaware of the arrest inside until someone told her later. The fight in 2001 and stabbing took place after the video camera was installed. If officers were not available after the license was granted there would be no increase in crime or incidents. The lease says no alcohol but HC is discussing that now with the owner. We want him to change the lease. We hired off-duty police officers to respond to the community's concerns. We pay them $40 per hour and employ them for 10 to 12 hours per week. If possible we would continue to use off-duty police officers outside. Every pool hall and restaurant in Arlington serves alcohol. Lots of people come into HC and then leave immediately when they find out that we do not. Our business is down and we need this license to improve it.

When Nemirow asked more questions about the discussions with the landlord, Yi invoked client-attorney privilege, saying that he was the one dealing with the landlord and that prevents the witness from testifying on the lease question.

Nemirow asked Williamson to review the 2003 case in Caroline County where she had ruled against the granting of a license to the Caroline County Moose Lodge for what he believes are very similar reasons to the HC case. He said the quietude, peace and good order criteria are directly comparable to the HC case. She agreed to review that case.

The lawyers will submit summation statements later for the record. McIsaac noted that by doing that they will have more time to organize their presentations.

Yi summed up: The focus here is on the establishment, not what happens in its parking lot. HC meets the statutory standards. The really relevant part of its history is in the last 2 to 3 years, and the old incidents have been "largely alleviated." In the last three years there have been only three incidents, and they occurred outside. People loiter in the parking lot, which has an atmosphere conducive to loitering because of the way this commercial property is presenting itself to the community. I have heard no testimony that would indicate that serving alcohol...would have a direct effect more detrimental on the three criteria listed in the statute. All testified "I have not heard anything." They have talked about historical events, not personal experience in seeing incidents. How would our having a beer and wine license have any effect on the three criteria in the Act? Champions has a similar record, and it serves alcohol. HC has reduced the incidents outside. There is no proof that granting the license will change anything.

Nemirow said the issuing of a license would substantially interfere with the usual quietude of the neighborhood and adversely affect peace and good order.

MacIsaac said the incidents outside are relevant, not just what occurs within the four walls of the establishment There is a spillover effect. The problems at HC cast a shadow over the neighborhood. HC and the community have tried to work out the problem and made progress, but the granting of this license would tip the balance back. Residents now can not go near the establishment without feeling fear. The off-duty police detail was established for good reason. Once introduced, the situation improved. Alcohol will increase the problems, and taking away the off-duty police will make it worse.

Williamson repeated that the record will be open for 10 days for submission of the missing pieces of evidence.

Comment by the note taker: The Opponents presented a strong case, helped considerably by the appearance of the Delegates and County Board member. Lane Nemirow's careful research and painstaking preparation anticipated the requirement to build the case on the statutory criteria from the outset, and he very ably represented the neighborhoods, giving generously of his time. The unprecedented, active and skillful participation of the County Attorney was extremely helpful. The Police Department recommendation should carry weight, backed by the solid research of Lt Daly and Ms. Brown. In all, the team effort was impressive. High Cue's case seemed weak to me. Their lawyer was clearly having difficulty making much of it, and had to resort to obstructing the introduction of evidence and testimony on the landlord's attitude. The landlord has told Chris Zimmerman personally and has twice written to the County Board that he will not change the lease even if the license is granted. Would Hi Cue serve alcohol anyway and break the lease? We will await the outcome, and by that we will know what criteria the ABC Board really cares about when it evaluates new license applications.

Randy Swart
April 20, 2004

Update: The ABC Board denied Hi Cue a license in July, 2004. The owner can still appeal again, but here is the Board's decision.

---

Other Hi Cue references on this Web site:

• Our starting page on Hi Cue problems

• Delegate Eisenberg's letter on our behalf.

• Delegate Eben's letter on our behalf.

• A sample letter from a Barcroft resident

• The Murders at the Pool Hall

• The Barcroft News of March, 2001 (the article reproduced above)

• A letter from County Board member Chris Zimmerman

• A letter from CPRO on the problem.

• Minutes of our September, 2002 discussion of the liquor license application.

• The law under which the ABC Board can deny the license application.

• Info and Talking Points Sheet for the ABC Board hearing on Monday, April 19, 2004.

• The decision of the ABC Board: Hi Cue's application denied!
  
  
  

  ---

  This page was revised on: August 24, 2004.