Info Sheet and Talking Points

Hi Cue Billards liquor license application

Please attend the hearing of the Virginia ABC Board on this matter on Monday, April 19 at 2pm, to protest the granting the license. The Arlington County Police will be present and opposing the application. This is significant issue for the safety and quality of life of Columbia Pike residents.

Details and directions to the hearing follow. In the event that you are unable to attend, we respectfully ask you to submit a letter to the board opposing the application (License #17332).

The Hearing

VA ABC Building
Hearing Room
501 Montgomery St.
Alexandria, VA

When: 2PM, Monday, April 19

Phone: 703-518-8090

Directions:

This is on the north end of Alexandria's waterfront area, between Old Town and the GW Parkway. This part of Alexandria has many one-way streets, so the directions don't actually include Montgomery Street.

Take Glebe Road to Route 1 South (right). Continue over railroad tracks.

Turn left on Madison Street.

Go three or four blocks, cross Washington Street, and go one more block.

Turn left on St. Asaph Street (the Sheraton will be on the corner).

Go one block, through the traffic light.

Turn into the parking lot of the ABC store.

The ABC office is on the back side of the lot.

Talking Points

· The incidents have made local residents fearful of using the shopping center.

· The parking lot is used inappropriately late at night.

· The three murders are unique to this business. This pattern of murders and incidents has not bee repeated anywhere else in Arlington.

· The property owner has said that he will maintain the prohibition on serving alcohol in the lease for the Hi Cue Billiards, leading to the question of why this permit is being requested.

· The business owners are obligated to abide by all requirements of their lease, which prohibit the sale of alcohol. They must not any illegal activities to take place in their business.

· The Arlington County police provide police presence has been massive for this establishment, including encouragement by the Hi Cue owners to use the "banning" process. Police have worked with the owners to increase their ability to identify false identifications and become informed about indicators that are typically associated with membership in gangs. They have provided off duty Arlington Police officers as security guards.

· This application is opposed by the Alcova Heights Citizens Association, The Barcroft School and Civic League, The Douglas Park Civic Association and Columbia Forest Civic Association.

· The law appears to permit the denial of this application under the following grounds:

Granting a license would result in violations of the laws of the Commonwealth and local ordinances relating to peace and good order

The license will adversely affect real property values or substantially interfere with the usual quietude and tranquillity of nearby residences

The number of licenses existent in the locality is such that the granting of a license is detrimental to the interest, morals, safety or welfare of the public. In reaching such conclusion the Board shall consider the (i) character of, population of, the number of similar licenses and the number of all licenses existent in the particular county, city or town and the immediate neighborhood concerned; (ii) effect which a new license may have on such county, city, town or neighborhood in conforming with the purposes of this title; and (iii) objections, if any, which may have been filed by a local governing body or local residents.

· Please reject this application!

The Law

Sec 4.1-222. Conditions under which Board may refuse to grant licenses

A. The Board may refuse to grant any license if it has reasonable cause to believe that:

1. The applicant, or if the applicant is a partnership or association, any partner or member thereof, or if the applicant is a corporation, any officer, director, or manager thereof or shareholder owning ten percent or more of its capital stock:

a. Is not twenty-one years of age or older;

b. Has been convicted in any court of a felony or any crime or offense involving moral turpitude under the laws of any state, or of the United States;

c. Has been convicted, within the five years immediately preceding the date of the application for such license, of a violation of any law applicable to the manufacture, transportation, possession, use or sale of alcoholic beverages;

d. Is not a person of good moral character and repute;

e. Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business which have not been disclosed;

f. Has not demonstrated financial responsibility sufficient to meet the requirements of the business proposed to be licensed;

g. Has maintained a noisy, lewd, disorderly or unsanitary establishment;

h. Has demonstrated, either by his police record or by his record as a former licensee of the Board, a lack of respect for law and order;

i. Is unable to speak, understand, read and write the English language in a reasonably satisfactory manner;

j. Is a person to whom alcoholic beverages may not be sold under § 4.1-304;

k. Has the general reputation of drinking alcoholic beverages to excess or is addicted to the use of narcotics;

l. Has misrepresented a material fact in applying to the Board for a license;

m. Has defrauded or attempted to defraud the Board, or any federal, state or local government or governmental agency or authority, by making or filing any report, document or tax return required by statute or regulation which is fraudulent or contains a false representation of a material fact; or has willfully deceived or attempted to deceive the Board, or any federal, state or local government, or governmental agency or authority, by making or maintaining business records required by statute or regulation which are false and fraudulent;

n. Is violating or allowing the violation of any provision of this title in his establishment at the time his application for a license is pending;

o. Is a police officer with police authority in the political subdivision within which the establishment designated in the application is located;

p. Is physically unable to carry on the business for which the application for a license is filed or has been adjudicated incapacitated; or

q. Is a member, agent or employee of the Board.

a. Does not conform to the requirements of the governing body of the county, city or town in which such place is located with respect to sanitation, health, construction or equipment, or to any similar requirements established by the laws of the Commonwealth or by Board regulation;

b. Is so located that granting a license and operation thereunder by the applicant would result in violations of this title, Board regulations, or violation of the laws of the Commonwealth or local ordinances relating to peace and good order;

c. Is so located with respect to any church; synagogue; hospital; public, private or parochial school, college or university;

public or private playground or other similar recreational facilities; or any state, local or federal government-operated facility, that the operation of such place under such license will adversely affect or interfere with the normal, orderly conduct of the affairs of such facilities or institutions;

d. Is so located with respect to any residence or residential area that the operation of such place under such license will adversely affect real property values or substantially interfere with the usual quietude and tranquillity of such residence or residential area; or

e. Under a retail on-premises license is so constructed, arranged or illuminated that law-enforcement officers and special agents of the Board are prevented from ready access to and reasonable observation of any room or area within which alcoholic beverages are to be sold or consumed.


3. The number of licenses existent in the locality is such that the granting of a license is detrimental to the interest, morals, safety or welfare of the public. In reaching such conclusion the Board shall consider the (i) character of, population of, the number of similar licenses and the number of all licenses existent in the particular county, city or town and the immediate neighborhood concerned; (ii) effect which a new license may have on such county, city, town or neighborhood in conforming with the purposes of this title; and (iii) objections, if any, which may have been filed by a local governing body or local residents.

4. There exists any law, ordinance, or regulation of the United States, the Commonwealth or any political subdivision thereof, which warrants refusal by the Board to grant any license.

5. The Board is not authorized under this chapter to grant such license.

Background

The Third Murder: February, 2001

Officers responded to the Hi Cue Billiards in the 900 block of S. George Mason Drive just before midnight on February 3rd for a report of a fight. When they arrived, they found the victim, a juvenile from Fairfax County, who was suffering from a stab wound to the lower body. He was transported to Arlington Hospital where he was pronounced dead. His next of kin have been notified.

This investigation is in its early stages. It appears that a group of six Asian males, 3 adults and 3 juveniles, arrived at the business. Several went inside and then left, encountering 1 Asian male who was alone. A fight started and the lone male received injuries. He produced a knife and stabbed one member of the group and this victim was found as described above. At this time, the 5 members of the group have been charged with malicious wounding. No charges have been placed against the lone individual. All participants deny any gang affiliation. The investigation is continuing.

Steve Holl
Captain
3rd District Commander
Arlington County Police Department

From the Barcroft News, March, 2001:

Murder at the Pool Hall

Tim Lynch of the Columbia Pike Renovation Organization organized the traditional after-the-murder meeting, including representatives of the pool hall, the property owners, Police Chief Edward Flynn, Third Police District Commander Steve Holl, the officer who had been guarding Hi-Cue (but was responding to a nearby police call at that moment), BSCL President Mark Wigfield, several other Barcrofters, other nearby civic associations and two County Board members: Chairman Jay Fisette and member Charles Monroe.

After two hours the meeting concluded with almost no results. Charles Monroe will check with the County on possible restrictions to Hi-Cue's business license, but doubts that the County can do much. The owners are waiting for our ideas on what to do, but refuse to consider terminating Hi-Cue's 2003 lease, even if more murders occur. CPRO is trying to keep the lines of communication open. The police have been doing a great job of keeping the lid on Hi-Cue and will continue to do their best. Hi-Cue will continue to hire off-duty police officers to keep order in the pool hall and parking lot on weekends. In short, Hi-Cue goes on.

In the longer term, the shopping center is overdue for renovation, and the owners are considering that. One Barcrofter present noted that our only recourse seems to be to make it uneconomic somehow for the owners to keep tolerating the pool hall, since all leases can be terminated if owners really want to. If anybody has ideas about that, please contact Mark Wigfield at 703-979-0339.

This page was revised on: August 4, 2004.