Subchapter III. Denial of License.


  • Current through October 23, 2012
  • (a) The number of off-premises retailer's licenses, class A, shall be no more than 250.

    (b) The number of off-premises retailer's licenses, class B, shall be no more than 300.

    (c) The quotas set forth in this section shall have a prospective effect.

    (d) The quotas set forth in subsection (b) of this section shall not prohibit the issuance of a license for an off-premises retailer's license, Class B, for the sale of alcoholic beverages in an establishment if:

    (1) The primary business and purpose is the sale of a full range of fresh, canned, and frozen food items, and the sale of alcoholic beverages is incidental to the primary purpose;

    (2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis;

    (3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone or, if located within the Southeast Federal Center, in the SEFC/C-R zone;

    (4) The establishment is a full service grocery store which is newly constructed with a certificate of occupancy issued after January 1, 2000, or is an existing store which has undergone renovations in excess of $500,000 in the calendar year in which an application is made; and

    (5) The opinion of the ANC, if any, has been given great weight.

    (May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(k), 51 DCR 6525; Oct. 20, 2011, D.C. Law 19-23, § 2(d), 58 DCR 6509.)

    HISTORICAL AND STATUTORY NOTES

    D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.

    Effect of Amendments

    D.C. Law 15-187 rewrote par. (5) of subsec. (d) which had read as follows:

    "(5) The opinion of the ANC in which the establishment is located has been given great weight as specified in Chapter 4."

    D.C. Law 19-23, in subsec. (d)(3), substituted "or, if located within the Southeast Federal Center, in the SEFC/C-R zone;" for a semicolon.

    Temporary Amendments of Section

    Section 2(d) of D.C. Law 18-346, in subsec. (d)(3), substituted "or, if located within the Southeast Federal Center, in the SEFC/C-R zone;" for a semicolon at the end.

    Section 4(b) of D.C. Law 18-346 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2(d) of Southeast Federal Center/Yards Non-Discriminatory Grocery Store Emergency Act of 2010 (D.C. Act 18-674, December 28, 2010, 58 DCR 130).

    Legislative History of Laws

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

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

    For history of Law 19-23, see notes under § 25-101.

  • Current through October 23, 2012 Back to Top
  • (a) No new off-premises retailer's license, class B, shall be issued.

    (b) The moratorium shall have a prospective effect.

    (c) This moratorium shall not apply to an applicant for an off-premises retailer's license, class B, for the sale of alcoholic beverages in an establishment if:

    (1) The primary business and purpose is the sale of a full range of fresh, canned, and frozen food items, and the sale of alcoholic beverages is incidental to the primary purpose;

    (2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis;

    (3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone or, if located within the Southeast Federal Center, in the SEFC/C-R zone;

    (4) The establishment is a full service grocery store which is newly constructed with a certificate of occupancy issued after January 1, 2000, or is an existing store which has undergone renovations in excess of $500,000 during the preceding 12 months in which an application is made; and

    (5) The opinion of the ANC, if any, has been given great weight.

    (d) An exception to the moratorium shall be granted for 4 new class B licenses on Connecticut Avenue, N.W., between N Street and Florida Avenue, N.W., after October 22, 1999; provided, that no licensee shall devote more than 3,000 square feet to the sale of alcoholic beverages.

    (May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, § 1702(g), 49 DCR 6968; Sept. 30, 2004, D.C. Law 15-187, § 101(l), 51 DCR 6525; Oct. 20, 2011, D.C. Law 19-23, § 2(e), 58 DCR 6509.)

    HISTORICAL AND STATUTORY NOTES

    D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.

    Effect of Amendments

    D.C. Law 14-190, in subsec. (c)(4), substituted "during the preceding 12 months" for "in the calendar year".

    D.C. Law 15-187 rewrote par. (5) of subsec. (c) which had read as follows:

    "(5) The opinion of the ANC in which the establishment is located has been given great weight as specified in Chapter 4."

    D.C. Law 19-23, in subsec. (c)(3), substituted "or, if located within the Southeast Federal Center, in the SEFC/C-R zone;" for a semicolon.

    Temporary Amendments of Section

    Section 2(e) of D.C. Law 18-346, in subsec. (c)(3), substituted "or, if located within the Southeast Federal Center, in the SEFC/C-R zone;" for a semicolon at the end.

    Section 4(b) of D.C. Law 18-346 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

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

    For temporary (90 day) amendment of section, see § 2(e) of Southeast Federal Center/Yards Non-Discriminatory Grocery Store Emergency Act of 2010 (D.C. Act 18-674, December 28, 2010, 58 DCR 130).

    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.

    For history of Law 19-23, see notes under § 25-101.

  • Current through October 23, 2012 Back to Top
  • (a) No new off-premises retailers license, class A, shall be issued for an establishment which is located within 400 feet from another establishment operating under an off-premises retailer's license, class A.

    (b) No new off-premises retailers license, class B, shall be issued for an establishment which is located within 400 feet from another establishment operating under an off-premises retailer's license, class B.

    (c) This section shall not prohibit the issuance of a license for an off-premises retailer's license, Class B, for the sale of alcoholic beverages in an establishment if:

    (1) The primary business and purpose is the sale of a full range of fresh, canned, and frozen food items, and the sale of alcoholic beverages is incidental to the primary purpose;

    (2) The sale of alcoholic beverages constitutes no more than 15% of the total volume of gross receipts on an annual basis;

    (3) The establishment is located in a C-1, C-2, C-3, C-4, or C-5 zone or, if located within the Southeast Federal Center, in the SEFC/C-R zone;

    (4) The establishment is a full service grocery store which is newly constructed with a certificate of occupancy issued after January 1, 2000, or is an existing store which has undergone renovations in excess of $500,000 in the calendar year in which an application is made;

    (5) The opinion of the ANC, if any, has been given great weight.

    (May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(m), 51 DCR 6525; Oct. 20, 2011, D.C. Law 19-23, § 2(f), 58 DCR 6509.)

    HISTORICAL AND STATUTORY NOTES

    D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.

    Effect of Amendments

    D.C. Law 15-187 rewrote par. (5) of subsec. (c) which had read as follows:

    "(5) The opinion of the ANC in which the establishment is located has been given great weight as specified in Chapter 4."

    D.C. Law 19-23, in subsec. (c)(3), substituted "or, if located within the Southeast Federal Center, in the SEFC/C-R zone;" for a semicolon.

    Temporary Amendments of Section

    Section 2(f) of D.C. Law 18-346, in subsec. (c)(3), substituted "or, if located within the Southeast Federal Center, in the SEFC/C-R zone;" for a semicolon at the end.

    Section 4(b) of D.C. Law 18-346 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2(f) of Southeast Federal Center/Yards Non-Discriminatory Grocery Store Emergency Act of 2010 (D.C. Act 18-674, December 28, 2010, 58 DCR 130).

    Legislative History of Laws

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

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

    For history of Law 19-23, see notes under § 25-101.

  • Current through October 23, 2012 Back to Top
  • (May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(n), 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.

    Legislative History of Laws

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

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

  • Current through October 23, 2012 Back to Top
  • Notwithstanding any other provision of this title, the Board shall deny a license if the evidence reasonably shows that:

    (1) The establishment for which the license is sought is in violation of one or more of the Construction Codes for the District contained in Title 12 of the District of Columbia Municipal Regulations, or any other law or rule of the District intended to protect public safety; or

    (2) The applicant has knowingly permitted, at the place for which the license is sought, the illegal sale, or negotiations for sale, or the use, of any controlled substance in violation of the CSA, or the possession or sale, or negotiations for sale, of drug paraphernalia in violation of the CSA, or Chapter 11 of Title 48. Successive sales, or negotiations for sale, over a continuous period of time constituting a recognizable pattern of activity shall be deemed evidence of knowing permission.

    (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.)

    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(d).   For notes from former § 25-115, see § 25-301.

    Prior Codifications

    1981 Ed., § 25-335.

    1973 Ed., § 25-115.

    Legislative History of Laws

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

  • Current through October 23, 2012 Back to Top
  • (a) No retailer's license shall be issued for, or transferred to, a business operated in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District, except for a restaurant or tavern operated in a hotel or apartment house, if the entrance to the restaurant or tavern is entirely inside the hotel or apartment house and no sign or display is visible from the outside of the building.

    (b) A nightclub license may be issued on the premises of a hotel that was legally located in a residential-use district and was operating a nightclub on the licensed premises on September 30, 1986.

    (c) Subsection (a) of this section shall not apply if, at the time the application for a new license is submitted to the Board, a license of the same type and class is operating an establishment within 400 feet of the applicant.

    (d) The provisions of this section shall not apply to:

    (1) A restaurant which has received a valid certificate of occupancy as of January 1, 2000 for a restaurant operation in a residential-use district; or

    (2) A club which is operated under a license issued by the Board as of January 1, 2000 for operation in a residential-use district.

    (e)(1) For the purposes of this subsection, the term "ANC 3/4G" means the single member district area partly in Ward 3 and partly in Ward 4, established under § 1-309.03.

    (2) Notwithstanding the restriction in subsection (a) of this section, a full service grocery store in a residential-use district in ANC 3/4G with a certificate of occupancy issued prior to [March 21, 2009], may apply for a retailer Class B license.

    (3) The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], may issue rules to implement the provisions of this subsection. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

    (Jan. 24, 1934, 48 Stat. 328, ch. 4, § 15; June 16, 1934, 48 Stat. 974, ch. 552; May 22, 1958, 72 Stat. 132, Pub. L. 85-423, § 1; Mar. 7, 1987, D.C. Law 6-217, § 10, 34 DCR 907; May 24, 1994, D.C. Law 10-122, § 2(g), 41 DCR 1658; Apr. 12, 1997, D.C. Law 11-258, § 2(b), 44 DCR 1421; Mar. 24, 1998, D.C. Law 12-81, § 15, 45 DCR 745; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Mar. 21, 2009, D.C. Law 17-324, § 2(b), 56 DCR 239.)

    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 § 25-116(a), (c), (e).

    Prior Codifications

    1981 Ed., § 25-336.

    1973 Ed., § 25-116.

    Effect of Amendments

    D.C. Law 17-324 added subsec. (e).

    Temporary Amendments of Section

    Section 2 of D.C. Law 17-32 amended subsec. (c) by striking "type and".

    Section 4(b) of D.C. Law 17-32 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2 of Retail Class Exemption Clarification Emergency Act of 2007 (D.C. Act 17-67, July 9, 2007, 54 DCR 6822).

    For temporary (90 day) amendment of section, see § 2 of Retail Class Exemption Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-144, October 17, 2007, 54 DCR 10747).

    Legislative History of Laws

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

    For legislative history of D.C. Law 6-217, see Historical and Statutory Notes following § 25-101.

    For legislative history of D.C. Law 10-122, see Historical and Statutory Notes following § 25-785.

    For legislative history of D.C. Law 11-258, see Historical and Statutory Notes following § 25-101.

    Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

    Law 17-324, the "Targeted Ward 4 Single Sales Moratorium and Neighborhood Grocery Retailer Act of 2008", was introduced in Council and assigned Bill No. 17-941 which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on November 18, 2008, and December 2, 2008, respectively. Signed by the Mayor on December 22, 2008, it was assigned Act No. 17-629 and transmitted to both Houses of Congress for its review. D.C. Law 17-324 became effective on March 21, 2009.

  • Current through October 23, 2012 Back to Top
  • No wholesaler's license shall be issued for an establishment in a residential-use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission for the District.

    (Jan. 24, 1934, 48 Stat. 328, ch. 4, § 15; June 16, 1934, 48 Stat. 974, ch. 552; May 22, 1958, 72 Stat. 132, Pub. L. 85-423, § 1; Mar. 7, 1987, D.C. Law 6-217, § 10, 34 DCR 907; May 24, 1994, D.C. Law 10-122, § 2(g), 41 DCR 1658; Apr. 12, 1997, D.C. Law 11-258, § 2(b), 44 DCR 1421; Mar. 24, 1998, D.C. Law 12-81, § 15, 45 DCR 745; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)

    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 § 25-116(b).   For notes from former § 25-116, see § 25-336.

    Prior Codifications

    1981 Ed., § 25-337.

    1973 Ed., § 25-116.

    Legislative History of Laws

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

  • Current through October 23, 2012 Back to Top
  • (a) A second and each subsequent application for the same class of license for the same person or persons shall not be considered within 5 years of a denial.

    (b) If an application is withdrawn for good cause, as determined by the Board, before the timely filing of a protest, or if the first application was denied for purely technical or procedural reasons, as determined by the Board, another application by the same applicant for a license of the same class at the same premises may be made at any time.

    (May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)

    HISTORICAL AND STATUTORY NOTES

    D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.

    Legislative History of Laws

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

  • Current through October 23, 2012 Back to Top
  • (a) The number of nightclub or tavern license holders, class C or D, within the Georgetown historic district shall not exceed 6. No new nightclub or tavern license shall be issued, and no existing nightclub or tavern license shall be transferred, to any other person or to any other location within the Georgetown historic district, except when the number of such licensed establishments in the Georgetown historic district is less than 6.

    (b) A licensee of a nightclub license, or a tavern license, class C, within the Georgetown historic district as of May 24, 1994, may apply for a conversion to a restaurant license, class C or D, for its present location, present owner, and for the duration of its present license. The application shall not require a public hearing or the assessment of fees.

    (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.)

    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(k).   For notes from former § 25-115, see § 25-301.

    Prior Codifications

    1981 Ed., § 25-339.

    1973 Ed., § 25-115.

    Effect of Amendments

    D.C. Law 13-39, in former § 25-115(k), deleted the period at the end of the first sentence and added "; provided, that with regard to the establishment located at 3148-3150 M Street, N.W., known as Moustache, Inc. t/a Nathans, the Class CT license may be transferred once by the Board, after determining that the requirements of section 16 have been met, to an entity controlled by the individual who controls Moustache, Inc. on the effective date of the Alcoholic Beverage Control Act Tavern Exception Amendment Act of 1999.".

    Legislative History of Laws

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

  • Current through October 23, 2012 Back to Top
  • (Sept. 30, 2004, D.C. Law 15-187, § 101(o), 51 DCR 6525; Sept. 26, 2012, D.C. Law 19-171, § 81(a), 59 DCR 6190.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

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

    Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term:

    (1) "ANC 4C07" means the single member district area in Ward 4, established under § 1-309.03.

    (2) "Ward 4" means the area defined as Ward 4 in § 1-1041.03 on September 30, 2004.

    (b) Except as provided in subsections (c) and (d) of this section, no class A or B license shall be issued in or transferred into Ward 4; provided, that this section shall not prohibit the transfer of a class A or B license within Ward 4.

    (c) This section shall not apply to any application for a new or transferred license pending on September 30, 2004.

    (d) An exception to the moratorium imposed by subsection (b) of this section on the application of a Class B license shall be granted for a full service grocery store or substantially renovated full service grocery store located within the boundaries of ANC 4C07, with a certificate of occupancy issued after [March 21, 2009]; provided, that no licensee shall devote more than 3,000 square feet to the sale of alcoholic beverages.

    (e) The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

    (Mar. 21, 2009, D.C. Law 17-324, § 2(c), 56 DCR 239.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    Section 2 of D.C. Law 17-288 added a section to read as follows:

    "§ 25-340.01. Special restrictions for Ward 4.

    "No class A or B license shall be issued in or transferred into Ward 4; provided, that this section shall not prohibit the transfer of a class A or B license within Ward 4. For the purposes of this section, the term 'Ward 4' means the area defined as Ward 4 in § 1-1041.03 on September 30, 2004. This section shall not apply to any application for a new or transferred license pending on September 30, 2004."

    Section 5(b) of D.C. Law 17-288 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) addition, see § 2(a) of Targeted Ward 4 Single Sales Moratorium Emergency Act of 2008 (D.C. Act 17-509, September 25, 2008, 55 DCR 10878).

    Legislative History of Laws

    For Law 17-324, see notes following § 25-336.

  • Current through October 23, 2012 Back to Top
  • (Sept. 30, 2004, D.C. Law 15-187, § 101(o), 51 DCR 6525; Aug. 15, 2008, D.C. Law 17-211, § 2(c), 55 DCR 6984; Sept. 26, 2012, D.C. Law 19-171, § 81(b), 59 DCR 6190.)

    HISTORICAL AND STATUTORY NOTES

    Emergency Act Amendments

    For temporary (90 day) additions, see § 2(b) to (d) of Mt. Pleasant, Targeted Ward 2, and Ward 6 Single Sales Moratorium Emergency Act of 2008 (D.C. Act 17- 471, July 28, 2008, 55 DCR 9004).

    Legislative History of Laws

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

    For Law 17-211, see notes following § 25-342.

    For history of Law 19-171, see notes under § 25-340.

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term "Targeted Ward 4 Moratorium Zone" means the area bounded by the line starting at 13th Street, N.W., and Eastern Avenue, N.W.; thence in a southerly direction along 13th Street, N.W., to Fern Street, N.W.; thence in an easterly direction along Fern Street, N.W., to Georgia Avenue, N.W.; thence in a southerly direction along Georgia Avenue, N.W., to Aspen Street, N.W.; thence in a westerly direction along Aspen Street, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Piney Branch Road, N.W.; thence in a southerly direction along Piney Branch Road, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Colorado Avenue, N.W.; thence in a southwesterly direction along Colorado Avenue, N.W., to Madison Street, N.W.; thence in a westerly direction along Madison Street, N.W., to 16th Street, N.W.; thence in a southerly direction along 16th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W. to 13th Street, N.W.; thence in a northerly direction along 13th Street, N.W., to Randolph Street, N.W.; thence in an easterly direction along Randolph Street, N.W. to 10th Street, N.W.; thence in a southerly direction along 10th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W., to Rock Creek Church Road, N.W.; thence in an easterly direction along Rock Creek Church Road, N.W., to 7th Street, N.W.; thence in a northerly direction along 7th Street, N.W., to Randolph Street, N.W.; thence in an easterly direction along Randolph Street, N.W., to Rock Creek Church Road, N.W.; thence in a northeasterly direction along Rock Creek Church Road, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to Grant Circle, N.W.; thence in a westerly direction along the southern circumference of Grant Circle, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to 8th Street, N.W.; thence in a northerly direction along 8th Street, N.W., to Ingraham Street, N.W.; thence in an easterly direction along Ingraham Street, N.W., to 2nd Street, N.W.; thence in a southerly direction along 2nd Street, N.W., to Farragut Street, N.W.; thence in a southeasterly direction along Farragut Street, N.W., to 1st Street, N.W.; thence in a northeasterly direction along 1st Street, N.W., to Gallatin Street, N.W.; thence in an easterly direction along Gallatin Street, N.W., to North Capitol Street; thence in a northerly direction along North Capitol Street to Riggs Road, N.E.; thence in an easterly direction along Riggs Road, N.E., to South Dakota Avenue, N.E.; thence in a southeasterly direction along South Dakota Avenue, N.E., to Kennedy Street, N.E.; thence in a northeasterly direction along Kennedy Street, N.E., to Madison Street, N.E.; thence in a northwesterly direction along Madison Street, N.E., to 6th Street, N.E.; thence in a northeasterly direction along 6th Street, N.E., to Nicholson Street, N.E.; thence in a northwesterly direction along Nicholson Street, N.E., to 6th Street, N.E.; thence in a northerly direction along 6th Street, N.E., to Eastern Avenue, N.E.; thence in a northwesterly direction along Eastern Avenue, N.E., to New Hampshire Avenue, N.E.; thence in a southwesterly direction along New Hampshire Avenue, N.E. to Blair Road, N.E.; thence in a northwesterly direction along Blair Road, N.E., to North Capitol Street; thence in a northwesterly direction along Blair Road, N.W., to Aspen Street, N.W.; thence in an easterly direction along Aspen Street, N.W., to Willow Street, N.W.; thence in a northeasterly direction along Willow Street, N.W., to Eastern Avenue, N.W.; thence in a northwesterly direction along Eastern Avenue, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Eastern Avenue, N.W.; provided, that the Targeted Ward 4 Moratorium Zone shall not include the area bounded by the line starting at the intersection of 8th Street, N.W. , and Dahlia Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Aspen Street, N.W.; thence easterly along Aspen Street, N.W., to Piney Branch Road, N.W.; thence southwesterly along Piney Branch Road, N.W., to 8th Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Madison Street, N.W.; thence in an easterly direction along Madison Street, N.W., to 3rd Street, N.W.; thence in a northerly direction along 3rd Street, N.W., to Whittier Street, N.W.; thence in a westerly direction along Whittier Street, N.W., to 5th Street, N.W.; thence in a northerly direction along 5th Street, N.W., to Dahlia Street, N.W.; thence in a westerly direction along Dahlia Street, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Dahlia Street, N.W.

    (b) Within the Targeted Ward 4 Moratorium Zone, a licensee under an off-premises retailer's license, class A or B, shall not:

    (1) Divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

    (2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

    (c) The Mayor, pursuant to [subchapter I of Chapter 5 of Title 2], may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved.

    (Mar. 21, 2009, D.C. Law 17-324, § 2(c), 56 DCR 239.)

    HISTORICAL AND STATUTORY NOTES

    Temporary Addition of Section

    Section 2 of D.C. Law 17-288 added a section to read as follows:

    "§ 25-341.01. Targeted Ward 4 Moratorium Zone.

    "(a) For the purposes of this section, the term 'Targeted Ward 4 Moratorium Zone' means the area bounded by the line starting at 13th Street, N.W., and Eastern Avenue, N.W.; thence in a southerly direction along 13th Street, N.W., to Fern Street, N.W.; thence in an easterly direction along Fern Street, N.W., to Georgia Avenue, N.W.; thence in a southerly direction along Georgia Avenue, N.W., to Aspen Street, N.W.; thence in a westerly direction along Aspen Street, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Piney Branch Road, N.W.; thence in a southerly direction along Piney Branch Road, N.W., to 13th Street, N.W.; thence in a southerly direction along 13th Street, N.W., to Colorado Avenue, N.W.; thence in a southwesterly direction along Colorado Avenue, N.W., to Madison Street, N.W.; thence in a westerly direction along Madison Street, N.W., to 16th Street, N.W.; thence in a southerly direction along 16th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W. to 13th Street, N.W.; thence in a northerly direction along 13th Street, N.W., to Randolph Street, N.W.; thence in an easterly direction along Randolph Street, N.W. to 10th Street, N.W.; thence in a southerly direction along 10th Street, N.W., to Spring Road, N.W.; thence in an easterly direction along Spring Road, N.W., to Rock Creek Church Road, N.W.; thence in an easterly direction along Rock Creek Church Road, N.W., to 7th Street, N.W., thence in a northerly direction along 7th Street, N.W., to Randolph Street, N.W., thence in an easterly direction along Randolph Street, N.W., to Rock Creek Church Road, N.W.; thence in a northeasterly direction along Rock Creek Church Road, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to Grant Circle, N.W.; thence in a westerly direction along the southern circumference of Grant Circle, N.W., to Varnum Street, N.W.; thence in a westerly direction along Varnum Street, N.W., to 8th Street, N.W.; thence in a northerly direction along 8th Street, N.W., to Ingraham Street, N.W.; thence in an easterly direction along Ingraham Street, N.W., to 2nd Street, N.W.; thence in a southerly direction along 2nd Street, N.W., to Farragut Street, N.W.; thence in a southeasterly direction along Farragut Street, N.W., to 1st Street, N.W.; thence in a northeasterly direction along 1st Street, N.W., to Gallatin Street, N.W.; thence in an easterly direction along Gallatin Street, N.W., to North Capitol Street; thence in a northerly direction along North Capitol Street to Riggs Road, N.E.; thence in an easterly direction along Riggs Road, N.E., to South Dakota Avenue, N.E.; thence in a southeasterly direction along South Dakota Avenue, N.E., to Kennedy Street, N.E.; thence in a northeasterly direction along Kennedy Street, N.E., to Madison Street, N.E.; thence in a northwesterly direction along Madison Street, N.E., to 6th Street, N.E.; thence in a northeasterly direction along 6th Street, N.E., to Nicholson Street, N.E.; thence in a northwesterly direction along Nicholson Street, N.E., to 6th Street, N.E.; thence in a northerly direction along 6th Street, N.E., to Eastern Avenue, N.E.; thence in a northwesterly direction along Eastern Avenue, N.E., to New Hampshire Avenue, N.E.; thence in a southwesterly direction along New Hampshire Avenue, N.E. to Blair Road, N.E.; thence in a northwesterly direction along Blair Road, N.E., to North Capitol Street; thence in a northwesterly direction along Blair Road, N.W., to Aspen Street, N.W.; thence in an easterly direction along Aspen Street, N.W., to Willow Street, N.W.; thence in a northeasterly direction along Willow Street, N.W., to Eastern Avenue, N.W.; thence in a northwesterly direction along Eastern Avenue, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Eastern Avenue, N.W.; provided, that the Targeted Ward 4 Moratorium Zone shall not include the area bounded by the line starting at the intersection of 8th Street, N.W. , and Dahlia Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Aspen Street, N.W.; thence easterly along Aspen Street, N.W., to Piney Branch Road, N.W.; thence southwesterly along Piney Branch Road, N.W., to 8th Street, N.W.; thence in a southerly direction along 8th Street, N.W., to Madison Street, N.W.; thence in an easterly direction along Madison Street, N.W., to 3rd Street, N.W.; thence in a northerly direction along 3rd Street, N.W., to Whittier Street, N.W.; thence in a westerly direction along Whittier Street, N.W., to 5th Street, N.W.; thence in a northerly direction along 5th Street, N.W., to Dahlia Street, N.W.; thence in a westerly direction along Dahlia Street, N.W., to the point of beginning at the intersection of 13th Street, N.W., and Dahlia Street, N.W.

    "(b) Within the Targeted Ward 4 Moratorium Zone, a licensee under an off-premises retailer's license, class A or B, shall not:

    "(1) Divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

    "(2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.".

    Section 5(b) of D.C. Law 17-288 provides that the act shall expire after 225 days of its having taken effect.

    Emergency Act Amendments

    For temporary (90 day) addition, see § 2(a) of Targeted Ward 4 Single Sales Moratorium Emergency Act of 2008 (D.C. Act 17-509, September 25, 2008, 55 DCR 10878).

    Legislative History of Laws

    For Law 17-324, see notes following § 25-336.

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term "Ward 7" means the area defined as Ward VII in § 1-1041.03(a) on [August 15, 2008].

    (b) A licensee under an off-premises retailer's license in Ward 7, class A or B, shall not divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less.

    (c) A licensee under an off-premises retailer's license in Ward 7, class A or B, shall not sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

    (Aug. 15, 2008, D.C. Law 17-211, § 2(b), 55 DCR 6984.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    Law 17-211, the "Wards 4, 7, and 8 Anti-Sale Containers of Alcoholic Beverages Act of 2008", was introduced in Council and assigned Bill No.17-532 which was referred to Public Works and the Environment.  The Bill was adopted on first and second readings on May 6, 2008, and June 3, 2008, respectively.  Signed by the Mayor on June 18, 2008, it was assigned Act No. 17-407 and transmitted to both Houses of Congress for its review.   D.C. Law 17-211 became effective on August 15, 2008.

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term "Ward 8" means the area defined as Ward VIII in § 1-1041.03(a) on [August 15, 2008].

    (b) A licensee under an off-premises retailer's license in Ward 8, class A or B, shall not divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less.

    (c) A licensee under an off-premises retailer's license in Ward 8, class A or B, shall not sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

    (Aug. 15, 2008, D.C. Law 17-211, § 2(b), 55 DCR 6984.)

    HISTORICAL AND STATUTORY NOTES

    Emergency Act Amendments

    For temporary (90 day) additions, see § 2(b) of Mt. Pleasant, Targeted Ward 2, and Targeted Ward 6 Single Sales Moratorium Congressional Review Emergency Act of 2008 (D.C. Act 17-564, October 27, 2008, 55 DCR 12024).

    Legislative History of Laws

    For Law 17-211, see notes following § 25-342.

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term "Mt. Pleasant" means the area defined as ANC-1D, delimited by Piney Branch Parkway to the north, 16th Street to the east, Harvard Street to the south, and Adams Mill and Klingle Roads to the west, on [December 24, 2008].

    (b) A licensee under an off-premises retailer's license in Mt. Pleasant, class A or B, shall not:

    (1) Divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

    (2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less.

    (Dec. 24, 2008, D.C. Law 17-287, § 2(b), 55 DCR 11993.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    Law 17-287, the "Consolidated Mt. Pleasant, Ward 2, and Ward 6, Single Sales Moratorium Act of 2008", was introduced in Council and assigned Bill No. 17-846 which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on July 15, 2008, and October 7, 2008, respectively. Signed by the Mayor on October 27, 2008, it was assigned Act No. 17-553 and transmitted to both Houses of Congress for its review. D.C. Law 17-287 became effective on December 24, 2008.

    Miscellaneous Notes

    Section 4 of D.C. Law 17-287 provides:

    "Sec. 4. Rules.

    "The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement the provisions of this act. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 30-day review period, the proposed rules shall be deemed approved."

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term "Ward 2" means the area defined as Ward II in § 1-1041.03 on [December 24, 2008].

    (b) A licensee under an off-premises retailer's license, class A or B, located in Ward 2, shall not:

    (1) Divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

    (2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less, as well as spirits (liquor) sold in half-pints or smaller volumes.

    (c)(1) An existing licensee may apply to the Alcoholic Beverage Control Board for an exception to the restrictions in subsection (b) of this section.   The Board shall notify the Advisory Neighborhood Commission in which the licensee is located when a licensee applies for an exception and provide a copy of the application.  The copy of the application shall be provided at the address of the ANC's office of record.  The Board shall make its determination on the licensee application within 60 calendar days of receipt of the application.

    (2) In making a determination on the licensee application under this subsection, the Board shall consider the following factors:

    (A) The input, if any, of the ANC in which the licensee is located, as evidenced by a vote of the ANC, which shall be given great weight;

    (B) Whether the exception will negatively impact the enforceability and effectiveness of the ban;

    (C) The absence or presence of any primary or secondary tier violations within the 12 months immediately preceding the date of application, including sales to minors, use of premises for unlawful purposes, or sale to persons without a valid identification;

    (D) Evidence of licensee participation in the community, such as attendance at ANC and Police Service Area community meetings; and

    (E) Clear and convincing evidence that there have been no significant adverse community impacts, such as loitering, littering, or other anti-social behavior in the vicinity of the licensee establishment.

    (3) A new licensee under an off-premises retailer's license, class A or B, may not apply for an exception under this subsection within the first 12 months of having obtained a license under this title.

    (d) The restrictions in subsection (b) of this section shall not apply to a licensee located in a federal building, or to a licensee that is a full-service grocery store, as described in this title.

    (Dec. 24, 2008, D.C. Law 17-287, § 2(c), 55 DCR 11993.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 17-287, see notes following § 25-344.

  • Current through October 23, 2012 Back to Top
  • (a) For the purposes of this section, the term "Ward 6" means the area defined as Ward VI in § 1-1041.03 on [December 24, 2008].

    (b) A licensee under an off-premises retailer's license, class A or B, located in Ward 6 shall not:

    (1) Divide a manufacturer's package of more than one container of beer, malt liquor, or ale, to sell an individual container of the package if the capacity of the individual container is 70 ounces or less; or

    (2) Sell, give, offer, expose for sale, or deliver an individual container of beer, malt liquor, or ale with a capacity of 70 ounces or less, as well as spirits (liquor) sold in half-pints or smaller volumes.

    (c)(1) An existing licensee may apply to the Alcoholic Beverage Control Board for an exception to the restrictions in subsection (b) of this section.   The Board shall notify the Advisory Neighborhood Commission in which the licensee is located when a licensee applies for an exception and provide a copy of the application.  The copy of the application shall be provided at the address of the ANC's office of record.  The Board shall make its determination on the licensee application within 60 calendar days of receipt of the application.

    (2) In making a determination on the licensee application under this subsection, the Board shall consider the following factors:

    (A) The input, if any, of the ANC in which the licensee is located, as evidenced by a vote of the ANC, which shall be given great weight;

    (B) Whether the exception will negatively impact the enforceability and effectiveness of the ban;

    (C) The absence or presence of any primary or secondary tier violations within the 12 months immediately preceding the date of application, including sales to minors, use of premises for unlawful purposes, or sale to persons without a valid identification;

    (D) Evidence of licensee participation in the community, such as attendance at ANC and Police Service Area community meetings; and

    (E) Clear and convincing evidence that there have been no significant adverse community impacts, such as loitering, littering, or other anti-social behavior in the vicinity of the licensee establishment.

    (3) A new licensee under an off-premises retailer's license, class A or B, may not apply for an exception under this subsection within the first 12 months of having obtained a license under this title.

    (d) The restrictions in subsection (b) of this section shall not apply to a licensee located in a federal building, or to a licensee that is a full-service grocery store, as described in this title.

    (Dec. 24, 2008, D.C. Law 17-287, § 2(d), 55 DCR 11993.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For Law 17-287, see notes following § 25-344.