Dec 24, 2004  |  By: LOU CHIBBARO JR.  | COMMENTS     

school buildings. Kline said the statute was not intended to apply to schools in multi-purpose office buildings located in areas zoned for businesses, including entertainment businesses.

He said he would also argue that a tavern is a subcategory of a liquor license that falls under the same class of license as a nightclub or restaurant, and that the 400-foot restriction should not apply to the Fab Lounge.

In her Dec. 17 interview with the Blade, Bumbalo argued that the law doesn’t distinguish between the type of building in which a school is housed. She noted that the law states explicitly that new establishments operating as taverns or nightclubs are prohibited from operating within 400 feet of schools if no other, similar establishments are in the same area. Bumbalo said she and others would argue that a tavern is a different class of license and is bound by the 400-foot rule.

The law in question, which the D.C. Council passed in 2001, states that no liquor license “shall be issued to an applicant within 400 feet of a public, private or parochial primary, elementary or high school; college or university; or recreational area operated by the D.C. Department of Recreation.”

Maria Delaney, director of the D.C. Alcoholic Beverage Regulation Administration, under which the ABC Board operates, said ABRA is investigating the matter and will make a recommendation to the board on whether the 400-foot restriction applies to the Fab Lounge. The board will issue a final ruling on the license following a public hearing in January.

Bumbalo touts pro-gay record
City nightlife advocates have complained that the Council and ABC Board in the past has acquiesced to a small group of neighborhood activists pushing for unfair restrictions on entertainment and nightlife businesses such as bars and nightclubs.

Gay party promoter Mark Lee, who operates the Lizard Lounge event each Sunday night just south of Dupont Circle, has said the civic activists do not represent the majority of D.C. residents who generally support a city with a vibrant nightlife.

“My concern is over concentration,” said Bumbalo in the interview. “There are too many of these places in an area that is surrounded by residences.”

Bumbalo said she has been a longtime supporter of gay civil rights and has worked closely with Catania to advance gay-related issues in the Council.

“It’s just awful if he gets dragged into this,” she said. “He shouldn’t be penalized. I shouldn’t be penalized. My official capacity shouldn’t prevent me from my rights as a citizen.”

Local gay activist Frank Kameny expressed mixed feelings about Bumbalo’s early role in opposing the Fab Lounge license.

“I utterly disagree with what’s she’s doing on the merits of the issue,” Kameny said. “But I would hesitate to bring Catania into this since she makes it clear that she’s doing this on her own.”

Ric