2023 District of Columbia Code › Title 25 - Alcoholic Beverages. [Enacted title] › Chapter 4 - Application and Review Processes › Subchapter II - Notice of Application Proceedings › § 25–423. Posted notice required after submission of application and for the duration of the protest period

§ 25–423. Posted notice required after submission of application and for the duration of the protest period.
(a) The applicant shall post 2 notices, furnished by ABCA, 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 protest period;
(3) The date, time, and place of the roll call hearing; and
(4) The telephone number and mailing address of ABCA.
(c) Any person wilfully removing, obliterating, or defacing the notices shall be guilty of a violation of this chapter.
(d) An applicant who fails to maintain the posted notices continuously during the protest period shall be guilty of a violation of this chapter.
(e) If the Board determines that the notices posted at an applicant's establishment have not remained visible to the public for the duration of the 45-day protest period, the Board shall require the reposting of the notices and shall reschedule the roll call hearing for a date at least 45 days after the originally scheduled hearing, unless the applicant has fully performed all other notice requirements and the Board determines that it is in the best interest of the parties to proceed at an earlier date.
(f) The requirements of this section shall not apply to applicants for a solicitor’s license, manager’s license, caterer’s license, or a temporary license.
(g) An applicant for a new or renewal license for a common carrier license for a passenger-carrying marine vessel that does not possess a physical location in the District of Columbia shall not be required to post the 2 notices required by this section.
(h) An applicant for a new or renewal license for an off-premises license, class IA or IB, shall not be required to post the 2 notices required by this section; provided, that the notice shall be posted on the applicant's website for the entire 45-day public comment period.
(i) The applicant for a new or renewal license, substantial change in operation as determined by the Board under § 25-404, or for the transfer of a license to a new location shall take a picture of the posted placards within 2 calendar days of the date the placards were posted, and upon request of the Board provide a copy of the picture, or pictures, of the posted placards that includes the date and time that the pictures were taken.
(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, § 201(f), 51 DCR 6525; Apr. 7, 2017, D.C. Law 21-260, § 2(d)(2), 64 DCR 2079; Oct. 30, 2018, D.C. Law 22-165, § 2(d)(5), 65 DCR 9366; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)
Prior Codifications
1981 Ed., § 25-423.
1973 Ed., § 25-115.
Section References
This section is referenced in § 25-402 and § 25-403.
Effect of Amendments
D.C. Law 15-187 added subsec. (f).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 204(b)(4) 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)(4) 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)(4) 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)(4) 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)(4) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 204(b)(4) 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)(4) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).