Title 25 — Alcoholic Beverages. [Enacted title]

Repealed Repealed.

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 Di…

(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 ho…

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.

(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 (b) If an application is withdrawn for good cause, as determined by the Board, before the timely filing of a protest, or i…

(a) The number of nightclub or tavern license holders, class C or D, within the Georgetown historic district shall not exceed 6. No existing nightclub or tavern license shall be transferred to any other person or to any other location within the Georgetown historic district, exce…

Repealed Repealed.

(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 t…

Repealed Repealed.

(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 direct…

(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…

(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 containe…

(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 licens…

(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 o…

(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 on…

(a) If the Board reasonably determines that it is in the public interest to do so based on the appropriateness standard set forth in subchapter II of this chapter, the Board may, by rule: (1) Limit the number of licenses of any class to be issued; (2) Declare a moratorium on the …

(a) The moratorium request shall be made to the Board in writing, stating: (1) The name and address of the individual, group, or business entity seeking the moratorium; (2) The area of the District to be covered by the moratorium; (3) The class or classes of licenses to be covere…

If a moratorium request meets all of the requirements set forth in § 25-352, the Board shall provide notice to the public according to the same procedures as required by § 25-421.

(a) The Board shall hold a public hearing to review a proposed moratorium. The public hearing shall be in the nature of a rulemaking hearing under § 2-505 and not in the nature of a contested case under § 2-509. (b) At the public hearing, any interested person may appear to give …

(a) The Board may transfer a license upon the request of a bona fide purchaser of the license who made the purchase at any of the following: (1) A marshal’s sale; (2) A trustee’s sale under foreclosure of a chattel deed of trust; (3) A trustee’s or receiver’s sale in bankruptcy p…

(a) Except as provided in subsection (b) of this section, no licensee under this title shall permit nude dancers. (b) A licensee who regularly provided entertainment by nude dancers before December 15, 1993, may continue to do so at its establishment.

Nude dancers in an establishment licensed under § 25-371(b) shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least 3 feet from the nearest customer. The licensee under an on-premises retailer’s license for a multipurpose facility f…

A licensee under § 25-371(b) may transfer ownership in accordance with the provisions of this chapter.

(a) A license under § 25-371(b) may only be transferred to a location in the Central Business District or, if the licensee is currently located in a CM or M-zoned district, transferred within the same CM or M-zoned district, as identified in the zoning regulations of the District…

(a) A person applying for issuance, transfer to a new owner, or renewal of a license, or for approval of substantial changes in operation or change in license class, shall file with the Board an application in the form prescribed by the Board. The application shall contain the in…

(a) The application of a person applying for a manufacturer’s, wholesaler’s, or retailer’s license shall include: (1) In the case of an individual applicant, the trade name of the business, if applicable, and the name and address of the individual; in the case of a partnership or…

(a) An applicant for license renewal shall verify, by affidavit, the accuracy of its application, including all documents and submissions constituting a part of the application for its initial license or, if appropriate, at the time of a Board-approved substantial change in opera…

(a) Before making a substantial change in the nature of the operation of the licensed establishment, an applicant shall file with the Board an amendment to its application or last application, providing the information required on an application under § 25-402(a). (b)(1) If the B…

(a) A voluntary transaction which results in (1) the transfer to an individual of 50% or more of the legal or beneficial ownership of (A) the licensed establishment, or (B) the entity owning or controlling the licensed establishment, or (2) a change in stock ownership or partners…

The application for the issuance or renewal of a solicitor’s license shall include: (1) The full name and home address of the applicant, if an individual; (2) The business name and address of the applicant; (3) The name, business address, and business telephone number for the ven…

(a) The application for issuance or renewal of a brew pub permit shall include: (1) A copy of the applicant’s restaurant or tavern license, or a copy of the pending application for a license; and (2) A map showing the relation of the restaurant or tavern to the premises to be use…

The application for issuance or renewal of a tasting permit for off-premises retailer’s license, class A, shall include: (1) A copy of the applicant’s off-premises’s retailers license, class A; (2) Drawings of the premises indicating the areas where sampling is to occur; and (3) …

The application for issuance or renewal of a importation permit shall include: (1) The quantity, character, and brand or trade name of the alcoholic beverage to be transported; and (2) The name and address of the retailer.

The application for a manager’s license shall include: (1) Certification that he or she has obtained [and] read a copy of this title; (2) Written statements or evidence establishing to the satisfaction of the Board that the applicant meets all of the qualifications set forth in §…

(a) The application for a pool buying group retail agent permit shall include: (1) The name of the pool buying group; (2) The appointed license retail agent for the pool buying group; and (3) A statement that the agent will fully comply with Chapter 9 and other regulations regard…

(a) Upon the receipt of an application for the issuance or renewal, for a substantial change in operation as determined by the Board under [§] 25-404, or for the transfer of a license to a new location, of a retailer’s license, the Board shall give notice of the application to th…

Repealed Repealed.

(a) The applicant shall post 2 notices, furnished by ABRA, of the application in conspicuous places on the outside of the establishment for the duration of the protest period. (b) The notices shall state: (1) The information required by § 25-421(b); (2) The final day of the prote…

(a) Except as otherwise provided herein, Board actions and procedures shall be governed by Chapter 5 of Title 2. (b) Except as provided in subsection (c) of this section, the Board may meet in panels of at least 3 members for the purpose of conducting hearings and taking official…

(a) If no protest has been received by the Board during the protest period, the Board shall consider the application within 10 days after the end of the protest period. (b) If a protest has been received by the Board during the protest period, the Board shall take the following a…

(a) No application shall be approved until the Board has determined that the applicant has complied with § 25-402(a)(8) through (10) [now (7) through (9)] (and § 25-402(b) if the applicant is a restaurant or hotel) or, in the case of a renewal, has fulfilled the license requireme…

(a) A person shall not provide, offer to provide, request, or receive anything of value for the personal use, enjoyment, or profit of an individual in exchange for the individual’s promise not to exercise his or her rights provided under this title to object to, or petition again…

(a) A hearing may be continued for good cause. A written motion for a continuance shall be filed with the Board at least 6 days before the scheduled hearing date and served upon all parties at least 6 calendar days before the hearing. To be granted, the motion shall, in the opini…

(a) A party shall have the right to call and examine witnesses. (b) Except as provided in subsection (c) of this section, at any proceeding before the Board in a contested case, the Board shall hear as witnesses all persons residing within and outside the neighborhood who desire …

(a) Subpoenas issued by the Board shall be served: (1) By an officer of the Metropolitan Police Department; (2) By a special process server, at least 18 years of age, designated by the Board from among the staff appointed by the Board who are not directly involved in the investig…

(a) If a protest is filed in a contested case, the Board shall hold a protest hearing for the purpose of receiving evidence and testimony regarding the appropriateness of the licensing action. (b) The parties to the protest hearing shall be the applicant and the protestants as id…

(a) A settlement conference among the parties shall be held to discuss and resolve, if possible, the objections raised by the protestants. (b) If the date of the settlement conference is not arranged on or before the date of the administrative review, the applicant shall contact …

(a) The applicant and any protestant may, at any time, negotiate a settlement and enter into a written settlement agreement setting forth the terms of the settlement. (b)(1) The signatories to the agreement shall submit the agreement to the Board for approval. (2) Except as provi…

A settlement agreement enforceable by the Board under this subchapter may include: (1) Provisions allowing or prohibiting entertainment and the hours that entertainment would be allowed; (2) Specific methods to mitigate the level of noise outside the establishment, including: (A)…

The Board shall not enforce the following provisions if included in a settlement agreement covered by this subchapter: (1) Restraints on the ability of an applicant or existing licensee to operate its business, including: (A) Requirements that the ANC or other community members a…