Commissioners are still very leery of approving a tavern license "with an entertainment endorsement" without having much more information about the plans for the bar, worrying that if they give their support and what is currently billed as just being some "oompah" music turns into a nightclub with music late at night seven days a week, there will be little recourse. (The fact that this is the first restaurant venture by the applicant has them a bit nervous as well.) Their desire is to write various hours/occupancy/entertainment-type restrictions into the Voluntary Agreement, perhaps including some that can then be revisited a few years down the road when it's clear how the bar is operating.

Mark Brody, the applicant, told the commissioners that he is willing to sign a voluntary agreement, and is willing to negotiate over the requested hours of operation and occupancy load (which is at 399 on the initial application), so the negotiations will soon get underway. (The vote by the commissioners to support the license once a voluntary agreement is signed was 7-3.)

However, because the deadline for protesting the license application before ABRA is Monday (Dec. 20), and because the full ANC would need to approve any voluntary agreement by vote at a business meeting, the ANC is going officially be "in protest" with ABRA on the license until the agreements are worked out. (You can read the ABRA Protest Process FAQ for more details, including about how the parties would then be scheduled for a "settlement conference" with an ABRA mediator.)

The hearing date is January 3.