2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 4 - Application and Review Processes › Subchapter II - Notice of Application Proceedings › § 25–421. Notice by Board

§ 25–421. Notice by Board.
(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, for the transfer of a retailer license to a new location, or for a unilateral petition to amend or terminate a settlement agreement, the Board shall give notice, in accordance with subsection (e) of this section, of the application to the following parties:
(1) The Council;
(2) Repealed;
(3) Repealed;
(4) Any ANC within 600 feet of where the establishment is or will be located; and
(5) A citizens association meeting the requirements of [§ 25-601(a)(3)]; provided, that the citizens association has, at least 30 days before the Board’s receipt of the application, registered with ABCA by providing a copy of its charter, and an e-mail or other electronic address in a form consistent with ABCA’s procedures.
(b) The notice shall contain the legal name and trade name of the applicant, the street address of the establishment for which the license is sought, the class of license sought, and a description of the nature of the operation the applicant has proposed or the proposed change in operation. The description shall include the hours of sales or service of alcoholic beverages.
(c) The notice to the Board of Education shall state the proximity of the establishment to the nearest public school of the District and the name of the nearest public school.
(d) The notice shall state that persons objecting to approval of the application are entitled to be heard before the granting of the license, and shall inform the recipient of the final day of the protest period and the date, time, and place of the roll call hearing in accordance with subchapter III of this chapter.
(e) The Board shall give notice to the ANC by electronic mail on or before the first day of the 45-day comment period to:
(1) The ANC office with a copy to each ANC member;
(2) The ANC chairperson; and
(3) The ANC member in whose single-member district the establishment is or will be located.
(f) The Board shall publish the notices required under this section in the District of Columbia Register.
(g) Within 180 days after May 3, 2001, the Board shall implement a procedure by which it will provide additional notification, via electronic media, to the public and ANCs, of these notification requirements, and the publication of proposed and adopted regulations.
(h) The requirements of this section shall apply to an applicant for:
(1) A manufacturer's license, class A, B, or C, whose hours of sales or service or hours of operation to the public are after 1:00 a.m. pursuant to § 25-721(c);
(2) An off-premises retailer's license, class A or B;
(3) An on-premises retailer's license, class CR, DR, CT, DT, CN, DN, CH, DH, CX, DX, CB, DB, Club licenses C or D, or Common carrier licenses C or D; and
(4) An Internet license, class AI and BI.
(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; Sept. 30, 2004, D.C. Law 15-187, §§ 101(s), 201(e), 51 DCR 6525; May 1, 2013, D.C. Law 19-310, § 2(o), 60 DCR 3410; Oct. 30, 2018, D.C. Law 22-165, § 2(d)(4), 65 DCR 9366; June 30, 2022, D.C. Law 24-127, § 2(d)(4), 69 DCR 005071; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-421.
1973 Ed., § 25-115.
Section References
This section is referenced in § 25-353, § 25-423, and § 25-446.
Effect of Amendments
D.C. Law 15-187, in subsec. (a), repealed pars. (2) and (3) and rewrote par. (4); and added subsec. (h).
The 2013 amendment by D.C. Law 19-310 added (a)(5); and made a related change.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary addition of (a)(5), see § 2(o) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).
For temporary (90 days) amendment of this section, see § 2(o) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 204(b)(3) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).