§ 25-313. Appropriateness standard.

Current through October 23, 2012

(a) To qualify for issuance, renewal of a license, transfer of a license to a new location, or an application for the approval of a substantial change in operation as determined by the Board under § 25-404, an applicant shall demonstrate to the satisfaction of the Board that the establishment is appropriate for the locality, section, or portion of the District where it is to be located.

(b) In determining the appropriateness of an establishment, the Board shall consider all relevant evidence of record, including:

(1) The effect of the establishment on real property values;

(2) The effect of the establishment on peace, order, and quiet, including the noise and litter provisions set forth in §§ 25-725 and 25-726;

(3) The effect of the establishment upon residential parking needs and vehicular and pedestrian safety; and

(4) In the case of a license renewal, the provisions of this subsection and § 25-315.

(c)(1) The requirements of this section shall not apply to applicants for a solicitor's license or a temporary license.

(2) Applicants for a caterer's license shall apply according to the procedures under Chapter 20 of the District of Columbia Municipal Regulations.

(d) No license shall be issued for an outlet, property, establishment, or business which sells motor vehicle gasoline or which holds a Motor Vehicle Sales, Service, and Repair endorsement under § 47-2851.03(c)(9) or an Environmental Materials endorsement under § 47-2851.03(c)(4) to its master business license.

                
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(Jan. 24, 1934, 48 Stat. 327, ch. 4, § 14; Aug. 25, 1937, 50 Stat. 802, 803, ch. 766, §§ 1, 2; June 15, 1938, 52 Stat. 691, ch. 396, § 3; June 29, 1953, 67 Stat. 103, ch. 159, § 404(e), (f); Aug. 2, 1968, 82 Stat. 616, Pub. L. 90- 450, title IV, § 404; Mar. 5, 1981, D.C. Law 3-146, § 4, 27 DCR 4753; Sept. 29, 1982, D.C. Law 4-157, §§ 8, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(4), (c), 30 DCR 5927; June 29, 1984, D.C. Law 5- 97, § 2, 31 DCR 2556; Mar. 7, 1987, D.C. Law 6-217, § 9, 34 DCR 907; June 5, 1987, D.C. Law 7-7, § 2, 34 DCR 2640; Oct. 3, 1992, D.C. Law 9-174, § 2(b), (c), 39 DCR 5859; May 24, 1994, D.C. Law 10-122, § 2(f), 41 DCR 1658; Apr. 20, 1999, D.C. Law 12-261, § 2003(q)(2), 46 DCR 3142; Oct. 20, 1999, D.C. Law 13-39, § 2, 46 DCR 6548; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, § 1702(f), 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 201(a), 51 DCR 6525.)

HISTORICAL AND STATUTORY NOTES

D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-115(b)(1), (4). For notes from former § 25-115, see § 25-301.

Prior Codifications

1981 Ed., § 25-313.

1973 Ed., § 25-115.

Effect of Amendments

D.C. Law 14-190, in subsec. (a), substituted ", transfer of a license to a new location," for ", new owner license renewal,".

D.C. Law 15-187 designated the existing text of subsec. (c) as par. (1); and added par. (2) of subsec. (c).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 1702(f) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Legislative History of Laws

For D.C. Law 13-298, see notes following § 25-101.

For Law 14-190, see notes following § 25-101.

For Law 15-187, see notes following § 25-101.